JUDGMENT S. SHAMSUL HASAN, J. 1. This application was filed by a public spirited individual who desires to invoke the jurisdiction of this Court for trying to ameliorate the appalling condition of the various institutions for women and children which have been established by the Government of Bihar in the Welfare Department. To these homes are consigned the unfortunates–both women and children–due to the vagaries of misfortunes that befall them in their journey of life. This Court by an order dated 20-3-1989 had constituted a committee consisting of the Registrar (Judicial) of the High Court, the Additional Advocate General Mr. Jagdish Pandey, Mr. Ram Suresh Roy, Advocate, Mr. Ashok Priyadarshi, Advocate and Mr. Lala Kailash Bihari Prasad. Advocate. This committee was directed by this Court to visit the institutions concerned and submit its reports. We had also directed the Welfare Department to provide adequate funds and facilities to enable the Committee to perform its self–imposed and voluntary public duty at great personal sacrifice which we commend and record our appreciation. Although money was provided, though not very easily, little was done by way of providing basic comforts, like boarding and lodging, in Government accommodations. In spite of this, the team went through its arduous tasks and had consequently produced reports in relation to the following institutions:– Name of the Institutions Kept at flag (H. C. File) 1. Senior Remand Home for Boys at Patna. 'A' 2. After Care Home for women Patna. 'B' 3. Remand Home at Muzaffarpur. 'H' 4. Remand Home at Hazaribagh. 'Q' 5. Remand Home at Bettiah 'W' 6. Remand Home (Observation Home) Darbhanga. 80' 7. Reports re. two Homes for children & girls, Gaya. 85' 8. After Care Home for Women, Patna (Surprise visit) 95' 9. Remand Home at Deoghar 96' 10. Remand Home at Bhagalpur 97' 11. Remand Home at Munger 98' 12. Remand Home at Dumka 99' 13. Report of the Registrar, Patna High Court in 100' regard to After Care Home at Patna in pursuance of the order of this Court dated 8.2.1990 14. Special Home at Ranchi 110' 15. Special Home at Chaibasa 111' 16. Juvenile Home, Katihar 112' 17. Special Home, Dhanbad 113' 2. Since the dawn of civilisation, women have always been subject of varied interest of men and the society. They have also been subjected to multifaceted treatment at all times. Special Home at Ranchi 110' 15. Special Home at Chaibasa 111' 16. Juvenile Home, Katihar 112' 17. Special Home, Dhanbad 113' 2. Since the dawn of civilisation, women have always been subject of varied interest of men and the society. They have also been subjected to multifaceted treatment at all times. Women have been worshipped, adored, respected, honoured, loved, cared for and subjected to tender care but the same woman, at the same time, has been subjected to ill-treatment, humiliation, degradation, hatred and even harmed physically and mentally after facing inhuman treatment. They have been, in the process, treated like transferable commodities on sale for whom bargains were struck in favour of die bard flesh traders. Now, however, social and human rights imperatives require that a woman be endowed with unflinching attention, care, honour, affection and kindness and given proper status in a society of male chauvinism. Our Constitution, the Government of this Country, the Governments all over the world and the international community and organisations have laid great stress on the rights of a woman and have always striven to provide her with her rightful place in the society being equal to that of a man in all social, cultural, political and commercial spheres. Flesh trade in woman and the institution as old as the time itself, is now abhored and an all–out crusade has been launched everywhere to prevent and eradicate it. Opportunities are being created for women to move and exist side by side with men in varied fields all over the world. 3. Similarly, children have also been receiving the greatest attention by the world community in general and the Government of this country in particular. There is an all– out endeavour to ensure that children arc no longer subjected to the treatment meted out to them by Fagins of our society who exploit innocent children for the nefarious purposes of making easy money. Not only this, poverty also leads to the abandonment of such children who at an age when they should have been free from the problems meant for adults to solve are thrown away and they have to enter into the premature foray for making a living in this unconcerned world. They start bagging for money when they should be receiving education and care. They start bagging for money when they should be receiving education and care. These children in spite to being the future hope of any country in all likelihood become the future die hard criminals in the society they live in. For this purpose, several institutions have been set up with the task of resurrecting the children from their present state of degradation and horror and to restore to them the world that is their in view of their age. 4. In India, in order to accomplish all this, one of the steps taken has been the creation of the Department of Welfare in the Centre and the States with the main purpose of looking after the interest of women and children in India This department has set up the aforesaid institutions in various districts in Bihar including the Patna After Care Home for women. Since all of them are facing the same sort of problems and difficulties, we are proceeding in what have to say hereafter by making Patna after Care Home as an example. However, whatever we say will be of universal application to all the aforesaid institutions because from a careful examination of the reports filed by the Committee the condition of all these institutions is by and large the same as in Patna, there being only few here the condition though appear very satisfactory, is really not as bad as in the rest of the institutions. 5. We are anguished and distressed to state straightway that the After Care Home for Women at Patna and all the other institutions mentioned above are neither a Home not do they provide care for any women or Children who have been ill–fatedly consigned to these institutions after being supposedly rescued from a cruel and unhappy situation within the family or outside or from a prostitute's den or from their own homes and hearts after being subjected to brutal and inhuman treatment by those who are to love them, cherish them or protect them or as a result of men's brutal treatment in cruel satisfaction of his carnal desire thus being left abandoned. The woman finds herself within the horrendous confine of an institution which instead of amoelierating her situation consigns to a snakepit existence of dishonour and degradation and for physical discomforts, uncard for, unattended to and completely forgotten. The woman finds herself within the horrendous confine of an institution which instead of amoelierating her situation consigns to a snakepit existence of dishonour and degradation and for physical discomforts, uncard for, unattended to and completely forgotten. One would expect that once a woman, being the unfortunate victim of circumstances is brought to this institution she will be relieved of her physical and mental agony provided with sympathy, affection, kindness and above all, a respectable and comfortable existence and a reasonably decent abode to live in with congenial surroundings provided by feeling of sympathy, kindness and understanding. It would also be expected that opportunities for rehabilitating these unfortunate women would be created. But what a victim woman faces there is entirely different. The so called Homes are structures in utter dilapidation making the existence entirely perilous and where the basic necessities of life are entirely inadequate and in some cases even absent. Basic commodities that any human being would need in course of everyday existence is inadequate. Food, clothes, beddings, medical attention and the like are at places totally absent and at any rate entirely inadequate. There is no arrangement for providing education to the illiterates, to equip them with the capacity to obtain jobs and employment or for providing vocational training which would make them adequately equipped to earn their own livelihood leading to love living with dignity and honour in a hostile society and is weak enough to shun them but not strong enough to lift them from the situation they have fallen into. No health care is provided to the inmates of these institution which is a matter of prime importance in any place where human beings are living ostensibly for being cared for and looked after. I shall deal with this part separately later. 6. Succiently put, if these were not enough, there are also reports of inhuman and brutal treatment of the inmates by the very persons in whose care the inmates have been put and their cohorts which at times extends to forcing them into a situation from which they have been rescued. I shall deal with this part separately later. 6. Succiently put, if these were not enough, there are also reports of inhuman and brutal treatment of the inmates by the very persons in whose care the inmates have been put and their cohorts which at times extends to forcing them into a situation from which they have been rescued. If we may say so, the letter Care Homes and the other institutions, as they stand today, are perhaps much worse than the brothel and streets from which most of them are supposed to have been resurrected and the jail where a large number of prisoners are either under trial or are facing their punishment or the streets of cities from where they have been picked up. Here the inmates are virtually consigned to the limboo and forgotten like lost tribe to be dealt with as if they were animals sold in a fare or even subjected to the very treatment from which they have been resurrected. From all counts, there appears to be no end of their misery. It will be correct to say that for them life is form here to eternity–and that too without raising a demur, a protest and a cry for help. All this for fear of reprisal and harsh treatment. I may quote a couplet:– "Bulbulo mat ro yeha, anshu bahana hai mana In kafash ke kaidiyon ko gul machana hai mana" (English Translation) "O nightangle don't weep here because shedding tears is prohibited; These prisoners of the cage are forbidden from even raising a cry" 7. Similar is the condition in the institutions set up for juveniles. The situation is pari materia the same. Juveniles are not provided basic human necessities, proper medical care or enviroment conducive to their health. Facilities for education are provided on paper in some institutions which are meant for reforming the juveniles, often accused of a crime or those lifted from the streets of cities, were found themselves being inducted into a life of crime and dangerous existence by complete neglect. There are instances in which children are being misused by those who have been designated with task of protecting them. Life to them is the same from which they have been rescued. There are institutions where adults have been inducted as borders without any authorisation who treat these juveniles as their chattels. There are instances in which children are being misused by those who have been designated with task of protecting them. Life to them is the same from which they have been rescued. There are institutions where adults have been inducted as borders without any authorisation who treat these juveniles as their chattels. There are some institutions in which male juveniles are living with female inmates. There are many who are under trials or those who have been convicted. After being acquitted or after their release in pursuance of the legal situation now existing by virtue of statutory pronouncement and the decisions of the apex Court and this Court, there is once again no future for these juveniles. Once again they are placed in the same situation and the environment which brought them in this institution. No attention is being paid by the Government to all this. The plight of the juveniles cannot be expressed better than this couplet:– "Phool to ek din bahare ja phija dekhla gaya Hasrat un guncho per hai jo bin khile murjha gaye" (English translation) "Flowers display the salubrious spring but buds who whittle away without flowering are to be pitied". We are also constrained to observe that the concerned departments and such persons who are entrusted with the task of exercising supervision and control over these institutions have singularly failed in their duty to do what is required of them in regard to these institutions. We are anguished to observe that not only the official machinery is completely indifferent to the situation, even the basic human feelings towards human trapped in these homes is non-existent. Immediate attention is now required to be paid by the Government, the concerned departments and social and welfare organisations and individuals if it is intended to remedy the situation and bring about a radical change for ameliorating the condition of these institutions. Medical Care 8. In this connection, we had called for reports from the Civil Surgeons of all the districts where such institutions are situate. The reports, to describe them succinctly, are tardy attempt to avoid confessions of negligence which, if objective reports had been given, would be writ large. Medical Care 8. In this connection, we had called for reports from the Civil Surgeons of all the districts where such institutions are situate. The reports, to describe them succinctly, are tardy attempt to avoid confessions of negligence which, if objective reports had been given, would be writ large. In most cases, Civil Surgeons have stated about the condition of the building and the lade of facilities to the inmates and have only given vague facts about the health of the inmates without any specific details in regard to anyone as described by us. What they say, however, is enough to indicate that medical care is totally absent. The inmates are suffering from skin diseases, malnutrition, anaemia serious afflictions, like tuberculosis, venereal disease, etc. In the Patna after Care Home, an adult inmate and a child lost their lives due to the reasons unknown from the records. Regrettfully, no case was instituted. In fact Police was not informed and one wonders bow an infant child was found there to loose its life others will also die if the attitude of the Civil Surgeons continue to be what it is. In fact, it is only due to our instructions that a rare visit bas been made to the institution by the doctors. Perhaps, due to the paucity of fund or misuse of fund, even basic medicines have not reached the inmate. Judiciary 9. The district judiciary has also failed to take both judicial as well as social interest in the matter. Firstly, the District Judges on the basis of the Supreme Court decisions, referred to above, should have inspected the institutions and should not have rested if they have done so merely having done so and they should have reported the matter to the proper authorities if they found during their visit that the situation was such that deserved the attention of the authorities. The Court in which the inmates of these institutions are either accused or are vagrant on remand, should have also seen that their efficient interest is shown in the early disposal of these cases in trying to find the places or individuals to whom such inmates, as is possible, are handed over. Recently, in C.W.J.C. No. 89 of 1989, we had in our judgment given specific instructions in relation to the cases concerning juveniles. Recently, in C.W.J.C. No. 89 of 1989, we had in our judgment given specific instructions in relation to the cases concerning juveniles. We have received reports and we have sought another set of report from the District Judges. The reports were utterly unsatisfactory and we have not been yet furnished complete materials to satisfy our selves whether, our orders have been obeyed. We direct the District Judges of the judgeships concerned to inspect these institutions in their jurisdiction in accordance with direction of the Supreme Court and send reports of those institutions to this Court in this application so that they may be examined here. They should also send monthly report to this Court in this application in regard to the case pending and their stage of proceeding and the result in which juveniles and other inmates of the institution are involved. We direct the State Government to implement the decision of the Supreme Court reported in 1988 PLJR 93 (SC) (Vikarmdeo Singh Tomar vs. State of Bihar) and we direct also to take further steps in line with the direction of the Supreme Court reported in (1986) 4 SCC 106 (Dr. Upendra Baxi vs. State of Uttar Pradesh). 10. It appears now necessary that specific and appropriate directions are issued by us to the concerned authorities in our bid to ensure that the After Care Homes for woman all over Bihar and the institutions set up for the juveniles are maintained and run like institutions meant for human beings and not sub human and there inmates are provided with the relief that will reseue them from their unhappy existence to which fortunes and perhaps, their own conduct has consigned them. This we do in fulfillment of our desire of seeing that victims of momentary misfortune should not be subjected to eternal misfortune in these institutions. We therefore, issue the following directions in regard to the inmates of all the After Care Homes for women and other institutions. This we do in fulfillment of our desire of seeing that victims of momentary misfortune should not be subjected to eternal misfortune in these institutions. We therefore, issue the following directions in regard to the inmates of all the After Care Homes for women and other institutions. Compliance of these directions will be closely watched by us and we will be constrained to take stringent legal measure to enforce them should any one be fellow jacking in performance of his duty because uptill now we have found that the State officials have, instead of trying to cooperate with us in solving the problems which are more human and social than anything else, have always tried to create obstructions and present unjustified explanations or showing tardy and incomplete implementations to cover up a patently undesirable situation. Even the directions given by the apex Court in the cases aforementioned have been ignored by the powers that be. 11. We direct as follows:– (i) The Secretary, Welfare, the Director, Welfare, the Secretary, Building Construction and Development Department, the Commissioner, Human Resources Department, Health Commissioner Cum–Secretary and the Finance Commissioner, Government of Bihar, Patna, are all directed to provide adequate finances for immediate renovation and future repairs of all the buildings in the State of Bihar in which these institutions are situate. It would be advisable if the Government itself constructs its own buildings for this purpose but till then these buildings must be kept in proper repair and maintenance and provided with necessary facilities that are required for any residence. This must be accomplished within four months definitely and positively; (ii) The conduct of the matrons and the Superintendents as well as of those class III and IV employees posted in these institutions should be kept under strict surveillance and such persons should also be subjected to frequent transfer to avoid and misuse of position by them. Unnecessary staff should be removed and persons, whose presence can be useful in the institutions, be posted. Care should be made to find persons dedicated to the spirit of public service and not those who treat these institutions as avenues for self aggrandisement; (iii) Immediate steps should be taken to provide such personal who can impart education and vocational training to the inmates. This should be done forthwith. Care should be made to find persons dedicated to the spirit of public service and not those who treat these institutions as avenues for self aggrandisement; (iii) Immediate steps should be taken to provide such personal who can impart education and vocational training to the inmates. This should be done forthwith. We feel that these institutions should be converted into small schools and vocational centres in line with other schools so that the inmates may, if they have to stay there for some time, be imparted educational and vocational training; (iv) The Civil Surgeons of the Districts and the Assistant Civil Surgeons, qualified for specific kind of ailment, must visit the institutions every two weeks, give a complete check up to each of the inmates and prepare a report which should be maintained in a register signed by the doctor and the inmate both in regard to each of the inmates. In fact, it will be more advisable if Assistant Civil Surgeons are posted specifically in each of such institutions or one for two institutions if there are two in one city. If any emergent treatment is necessary, it should be provided for immediately by an expert. All necessary medicines must he provided immediately when required. Civil Surgeons of the District will be personally responsible for the observance of these instructions; (v) Adequate fund should be made available for providing food, wearing apparels, bedding etc. and toilet requisites for each of the inmates forthwith. We clarify–sufficient funds should be made available to each of the institutions so that an inmate is provided with three square meal per day. Each meal should consist of the barest minimum food at least wholesome that can keep body and soul together. Rice and Chapatis sufficient for human requirements must be provided with dal and vegetables at two meals that is, lunch and dinner and a breakfast of tea and bread. If any inmate, indisposed, requires special diet, that should be provided. Wearing apparels of at least four saries, four blouses, peticoat etc. and similarly payajama, kurta etc. for juveniles and shawls and coats for winter must be provided to the inmates. Each of the inmates must be provided with two blankets, three bedsheets and one pillow with pillow cover. If any inmate, indisposed, requires special diet, that should be provided. Wearing apparels of at least four saries, four blouses, peticoat etc. and similarly payajama, kurta etc. for juveniles and shawls and coats for winter must be provided to the inmates. Each of the inmates must be provided with two blankets, three bedsheets and one pillow with pillow cover. In fact, we feel that all similar facilities given to a class prisoners in jail should be provided in regard to those inmates; (vi) Efforts should be made immediately by communicating with the parents or husbands or relations, as the case may be, of each of the inmates, so that if occasion arises then these inmates after following the procedures required by law and our directions that we propose to give hereafter, can be handed over to such persons; (vii) If any of the persons categorised above and if any person of any other categories disown the inmates then we direct the District Magistrate of the district concerned, the Superintendent of Police of that district and the Director, Welfare, to find suitable employments for these inmates in Class III or Class IV cadre of the Government in the Collectorate or in the Police Service. They should be given preference when appointments are made and in fact they should be given ad hoc appointments immediately. Efforts should also be made to provide domestic employments for such inmates by way of advertisement and interview by desirable persons and individuals who may desire the services of these adult inmates as domestics. Even in case of juveniles, attempts should be made to get them adopted by suitable persons or institutions. Assistance should be rendered to any of the inmates who desire to settle down as a Housewife married to a suitable person. This should be done after following the prescribed procedure of informing the Court concerned and getting its approval for this purpose also, advertisement sh0uld be made. While effecting such marriages, care should be taken, firstly, to ensure that the man wanting to marry is suitable, the environment in his borne is conducive and his relations proper. This should be done after following the prescribed procedure of informing the Court concerned and getting its approval for this purpose also, advertisement sh0uld be made. While effecting such marriages, care should be taken, firstly, to ensure that the man wanting to marry is suitable, the environment in his borne is conducive and his relations proper. Care should also be taken that an inmate is married to a man of the same faith except in cases where both the man and the woman though of different faiths, agree to the marriage; (viii) If any inmate is an accused in a criminal case then the Court concerned is directed to dispose of such cases with the greatest of expedition by giving top priority and in the case of juveniles following the directions given by us in the case of Sanat Kumar Sinha vs. State and others 1989 PLJR 1024 and by the Supreme Court in the cases reported in 1988 PLJR 93 (SC) (supra) and 1986 (4) SCC 106 (supra). We are not possessed of any details. The District Judge of the district concerned is directed to see that the court in which cases involving women and juveniles are pending, are disposed of with the greatest of expedition in accordance with the statue and decisions of the Supreme Court. We have already asked for the reports from all the District Judges in regard to the cases pending in their judgeships. In future, the District Judges are directed to send monthly progress report of such cases to the Hon'ble Inspecting Judge of the judgeship concerned; (ix) Such inmates who are witnesses in criminal cases either as eye witness and/or as victims themselves should be produced by the authorities concerned before the Chief Judicial Magistrate or any other court concerned within 15 days from the receipt of the communication of this order and that court should, after recording their statement under section 164 Cr. P.C. if already not recorded, and after obtaining P. R. bonds for ensuring their appearance as witness, release them forthwith from the remand home and hand them over to their parents or have them sent to the places and the persons they want to go by Government expenses and under proper police escort. Such transfer of custody must be properly monitored by the court concerned to ensure that it is not misused in transit. Such transfer of custody must be properly monitored by the court concerned to ensure that it is not misused in transit. In case of such inmates who have been put in the remand homes on the complaint of the father of having fled away with the man they love and in some cases, married, such inmates should be forwarded to the Courts by the Remand Home authorities immediately and the Court concerned should release them from the custody of the Home forthwith, if they are 18 years of age, after informing the persons where these inmates want to go and in case they are under 18 years of age, to their parents. If those girls are shunned by both their husbands and parents, then they should, after reporting the matter to this Court, be remanded to the Home where suitable arrangements should be made in accordance with law on the directions issued from this Court for the purposes of their rehabilitation. (x) We would like also to draw the attention of the aforesaid authorities of the institutions provided for juvenile children both as remanded children or as under trail prisoners. Their problems are identical. Tile treatment meted out to the inmates is as bad as ever. By this order we direct the concerned Government authorities as aforesaid, to endow these institutions with their attention and to make provisions to ensure that these institutions also are restored to the position that they may be useful for those who are consigned to them. 12. The above directions must be followed without any delay by the concerned authorities in letter and spirit without giving any occasion to us to enforce them by stringent measure. This is only a small effort to rectify things and to ensure that there is harmony between moral and deed. Where we talk of women lib; where we celebrate women's year; where we reserve seats for women in various institutions–political, social and cultural; and where the women are now becoming active in all spheres of life–social, political and cultural, the existence of the situation created by such institutions is utterly undesirable and is a complete negation of an that we stand for. Similarly, where efforts are being made by the international community and the national institutions for the protection of the children from diseases, pestilenees and the like and have provided them with everything that would ensure for them a future which in most cases they are deprived of yet the institutions for children in Bihar are completely in antithesis to the prevailing efforts of the international world community and national institutions. Those who have been responsible for creation of such situation will be held responsible to the society at large and those who are responsible will be required to be dealt with severely unless things are put in proper order. In fact, we have already directed the Central Bureau of Investigation to institute cases on the basis of the reports submitted. 13. In this connection, attention is drawn to decision of the Supreme Court in the case of Vikarmdeo Singh Tomar vs. State of Bihar (supra). The directions given in this decision have been flagrantly violated and disobeyed. We have, therefore, no option but to convey these facts to the Supreme Court. We, therefore, direct that the copy of this judgment, the entire ordersheet and the copies of the reports be forwarded to the Registrar of the Supreme Court for drawing the attention of that Court. 14. In course of hearing of this application, we have passed numerous orders giving specific directions. They relate to finding out the persons to whom the inmates could be handed over, training out the juveniles to be sent and even restoring a child to his father and wives to husbands. We have also in another application (C.W.J.C. 89 of 1989) given specific directions in regard to cases in which juveniles are involved. We have so far succeeded in a very small measure, Therefore we direct that this application should be kept on the record and the Committee formed by this Court should continue to exist subject to any change in its composition that may be effected by this Court as and when necessary. We also direct the authorities to afford full facility to this Committee in the line suggested by us in order to enable them to visit any of the institutions and submit periodical reports to this Court in this application and obtain necessary directions in relation to the compliance of our order and for any future exigency. We also direct the authorities to afford full facility to this Committee in the line suggested by us in order to enable them to visit any of the institutions and submit periodical reports to this Court in this application and obtain necessary directions in relation to the compliance of our order and for any future exigency. Whenever such an exigency arises, this matter should be listed before a Bench presided over by Hon'ble Mr. Justice S.H.S. Abidi. 15. We are gratified for having done so in our bid for the fructification and success of our endeavour. We wait in expectant silence in hesitant disquiet and with an apparent uncertainty because of the belief that human feelings are not yet entirely dead in the hearts of those at the helm of affairs and sense of rectitude still prevails. As Ghalib said:– "Nasha pilake girana to sabko aata hai, maja to jab hai ki girton ko tham le shaki." Let history not say that the women and the children of the institutions in Bihar could not, while the world holds symposium and seminars, get the professed determination to perform the miracle of resurrecting the women and the children from their dead existence. Lest history not say that these inmates have been laid down by indifference, inefficiency, lack of humanity and above all unwarranted exploitation. I agree. Order accordingly.