Judgment B. P. Singh, J. 1. - The After Core Home at Gaighat before it can care for its inmates must be cared for by the Government. The Government has treated this responsibility more as a liability than as a part of its welfare activity. Despite the fact that that the After Care Home has been brought under the Social Welfare Department, instead of Jail Department, the change being symbolic, the attitude ramains the same, and the indifference with which the After Care Home has been treated maker, one doubt whether we are living in a welfare State The After Care Home is meant to provide some solace to the unfortunate ones, who have no one to take care If the facts brought to our notice are to be believed, the After Care Home must be like a tortured Care Home to punish those, who deserve such punishment We do not feel that the unfortunate inmates deserve such treatment. A little kindness and generocitv will not do any harm to the finance of the Government, and a little more care by the authorities that be, would go for in ameliorating the living conditions in the After Care Home. The affidavit filed by the secretary of the Department of Welfare, Government of Bihar. Sri Mahesh prasad on 25-5-19o is as bald as it is brief. It is full of promisses for the future, and recounts no achievement in the past. We shall take up the poins one by one It appears that during the financial year 1993-9 a sum of Rs.7,36000/- and odd was provided to the After Care Home for meeting the expenditure of food, clothing, medicine etc. , apart from the amount sanctioned for payment of salary etc The financial year has came to an end, and it was not without the pressure of this Courts order that the amount was advanced. We have again reached the same stage. The Acting superintendent informs us that she has no fund to manage the After Care, home, and after March 1995 no fund has been made available to the After care Home for providing necessary facilities and amenities to Us inmatss. We have again reached the same stage. The Acting superintendent informs us that she has no fund to manage the After Care, home, and after March 1995 no fund has been made available to the After care Home for providing necessary facilities and amenities to Us inmatss. We are shcoked at the apethy of the Government We claim that we are living in a welfare State, and if such is the activity of a welfare State, one would prefer to live in Police State, where at least discipline will be maintained. It is unimaginable that large unmber of inmates, unfortunate as they are, are compelled by circumstances to reach the After Care Home. If they are not provided at least the basic amenities, one wonders why the After care Home has been established at all. It is impossible for the Acting superintendent to provide for food and other amenities unless funds are sanctioned, and it is not the duty of the Court to keep on reminding the government of its obligations. The Government must realise its responsibilities, and whenever necessary the fund must be sanctioned to meet the necessary expenditure. In the affidavit the Secretary has expressed the hope that in 1995-96 efforts would be made to provide sufficient fund to the Home in time. The Secretery must have realised that he was making a false statement, because if efforts had to be made for providing sufficient fund in time, that effort should have been made before 31st March, 1995. and not on 20th may, 1995. when the affidavit was filed The After Care Home has no fund and, therefore, it is necessary that fund should be provided to the After Care home immediately. 2. Under compelling circumstances, and having regard to the fundamental right of the inmates of the After Care Home guaranteed under Article 21 of the constitution of India, we direct the State Government to allot, sanction and pay to the After Care Home within a period of fifteen days from today a sum of rupees three lakhs on account. This will be subject to adjustment when a final allocation is made This direction is in the nature of writ of mandamus to the state of Bihar which includes the Department of Finance. 3. The next issue is with regard to providing proper protection to the inmates of the After Care Home. This will be subject to adjustment when a final allocation is made This direction is in the nature of writ of mandamus to the state of Bihar which includes the Department of Finance. 3. The next issue is with regard to providing proper protection to the inmates of the After Care Home. A promise was made in the past, as it has been made in the counter-affidavit now filed, that for the safety and protection of inmates, the Home Department has been requested to provide a section of armed force. This was done as early as on 2-10-1994, but till today we are informed that no such protection has been given to the After care Home. 4. We hereby order and direct the Secrtary Home Department, Government of bihar to immediately depute a section of armed force at the After Care home, Gaighat This should be complied with within seventy two hours of the receipt of this order by the Secretary, Department of Home, Government of bihar. 5. In the affidavit filed by the Secretary, Welfare Departtnent it has been stated in paragraph No.13 that the Finance Secretary had opined that the approach road to that After Care Home should be constructed by the Building constrution Department. Accordingly, the Building Construction Department had been requested to construct the approach road at the earliest and the matter is being followed up with them. No particulars have been mentioned as to when such a request was made, and in what manner the mater was followed up. The net result is that till today the approach road has not been constructed either by the Building Construction Department or any other Department of the Government. On account of there being no proper approach road considrable inconvenience is caused to the inmates of the After Care Home, and those who approach the After Care Home for any other business. The problem continues- to exist despite several promises held out by the State and, therefore, we are left with no option but to compel the Government to perform its duty. 6. We direct the Secretary, Building Construction, Department of Bihar, to immediately take steps to construct the approach road of the After Care Home, and the approach road should be completed within a period of six weeks from the date on which a copy of this order in produced before htm, 7. 6. We direct the Secretary, Building Construction, Department of Bihar, to immediately take steps to construct the approach road of the After Care Home, and the approach road should be completed within a period of six weeks from the date on which a copy of this order in produced before htm, 7. Though counsel for the State submitted that necessary annual repairs have been done to the building of the After Care Home, Mr. Priadatshi appearing for the Committee submitted that electrical wiring in the After care Home is such that if any one were to per chance touch the wiring, he may get electric shock and this may also result in more serious consequence. Having regard to the rainy season in progress, this situation cannot be permitted to continue. 8. The Chief Engineer, Electric Works Department, Government of Bihar is hereby directed to immediately attend to this problem and to see to it that the electrical wiring in the After Care Home is set right, so that the Inmates are not exposed to the dangers of electric shock. 9. One difficulty, which is constantly faced by the After Care Home is the difficulty of providing railway tickets whenever an inmates is to be produced in any court in connection with a case with which she is concerned or she is sent to her home after release from the After Care Home Earlier, it is explained, when the After Care Home was under the Jail Department, a travelling warrant used to be issued so that railway ticket had not to be purchased by the authorities of the After Care Home. This facility has been withdrawn, because the After Care Home now comes under the Department of Social Welfare. We fail to understand why the same travelling facility, namely, issuanance of travelling warrant cannot be continued, even if the after Care Home is under the Department of Social Welfare If such a facility could be extended when the After Care Home was under the Jail department, there is no reason why the Government cannot issue proper direction/circular extending the same facility to the inmates of the After Care home even under the Department of Social Welfare. 10. We direct the Secretary. 10. We direct the Secretary. Department of Social Welfare to consider this matter forthwith and obtain the final order of the Government on this question within a period of four weeks from the date on which a copy of this order is produced before him. 11. We are then left with the real problem which pertains to the release of the inmates of the After Care Home. Despite judgments of this Court that After Care Home is not meant to keep persons, who can otherwise be loked after by their relatives, guardians etc, the Courts have shown indifference, and do not appear to be sensitive to the issue involved Detention in a after Care Home is not a privilege. It is at best a compulsion and such compulsion must not last a day more than necessary. Moreover, while remaning persons to After Care Homes Courts must take notice of the principles which govern the remand of persons to After Care Home. Several judgments and orders of this Court have been pronounced and yet for no rhyme or reasons are remanded to After Care Home merely because she happens to be a witness or merely because a person is required in connection with some case. The main purpose of remanding a person to the After Care home is to provide for her residence till such time she. not able to provide a residence for herself. It may be that she has living parents, spouse, grown-up children, who are willing to look after, her and in such cases their stay in the After Care Home should be discouraged. Unfortunately, there appears to be a communication gap, and after remaning a person to the after Care Home, Courts tend to forget them and fail to take care of them. We have repeatedly laid down the principles governing such matter, and we cannot go on repeating the same principles every now and then. We may only observe that the Courts have a duty to perform, and they must do so with a sense of responsibility and caution. If we come across cases where a person is remanded to the After Care Home without there being any necessity for the same, we may have to take appropriate action against the person ()concerned. 12. However, that will not solve the problem. If we come across cases where a person is remanded to the After Care Home without there being any necessity for the same, we may have to take appropriate action against the person ()concerned. 12. However, that will not solve the problem. We have, therefore, requested the Committee to prepare a list of persons, who require treatment for mental disease. Similarly, a list of inmates should be prepared, who may be released, because they maybe looked after by their parents, guardians, wards etc Mr Priadarsi informs that such a list will be prepared giving full particulars of the inmates, the case in connection with which he or she has been remanded, the reason why the person was so remanded, and the reason why it is felt that her detention in the After Care Home is not considered necessary. After such a list is prepared and given to us, we shall pass appropriate orders in each case giving suitable directions to the court concerned For this purpose this case will be listed before this Bench on 9th August 1995 in Chambers, if necessary. 13. Let a copv of this order be given to J. C. to O P.2 to be communicated to the (1) Secretory, Welfare Department; (2) Secretary, Home department; and (3) Secretary, Finance Department. Let a copy of this order be also given to Mr. Priadarasi, who is also a member of the Committee appointed by this Court, order accordingly.