JUDGMENT: Amar Saran, Bala Krishna Narayana, J. An affidavit was filed by Sri Sudip Singh, Advocate, on behalf of the intervenor Bhartiya Chetana Sansthan. 2. This affidavit points out that in the orphanage for infants at Allahabad, viz. the Rajkiya Bal Shishu Ghar the inmates are only getting an allowance of Rs.550/ per month which was wholly inadequate for meeting their food and other needs. As we were informed that the District Magistrate, Allahabad had also sent a letter to the State government in this regard, we had directed the learned AGA to bring on record the said letter which has duly been placed before us today and is taken on record. The said letter dated 21.10.09 addressed to the Principal Secretary Handicapped Welfare, Principal Secretary Women and Child Development and Commissioner Allahabad pointed out that a very low allowance of only Rs.550/ p.m. was being given in the Rajkiya Bal Grih Shishu, Shivkuti and again an inadequate amount of Rs.600 p.m. was being paid to the inmates at Rajkiya Bal Griha, Mumfordganj and Rajkiya Sampreshan Griha, Khuldabad, Rajkiya Sharanalaya and Praveshalaya, (Mahila) Bal Griha (Balak), Meerapur. These institutions are run by the Mahila Kalyan department. In the Mamta Vidyalaya, Ashok Nagar, Kaushal Vikas Kendra, and the Bachpan Day Care Centre, run by the Viklang Kalyan department the allowance is a little more, viz. Rs.850/ per month per inmate. It was pointed out in the said letter by the D.M. that this amount was insufficient for providing the whole month's supply of food, clothes and other needs for the upkeep of the inmates. As this amount was even insufficient for meeting the food and milk needs of the children, hence a number of children were becoming victims of mal-nutrition. It was also highlighted in the letter that if human rights groups learnt about this situation they could create a problem for the government and also that as a welfare State it was the duty of the government to ensure the subsistence of these children and other inmates, and a recommendation for increasing the amount to at least Rs 1200 p.m. was made. We appreciate the humanitarian concern shown by the D.M. to address the plight of this extremely deprived section, who are completely dependent on the grace of the state for survival and are therefore in some ways even worse off than street children who may be able to scrounge for food as they are not kept confined in the four walls of the protective home. 3. An affidavit has been filed today, on behalf of the Director Handicapped Welfare Government of U.P. This affidavit only mentions that in the Homes being run by the handicapped Welfare department the allowance is Rs.850/ per month. Although this is not mentioned in the affidavit but the learned AGA stated that the State Government is considering enhancement of the amount of subsistence allowance per inmate. Looking to the nature of the situation and the escalation in prices of food and other items, we would like the State government to take an immediate decision on the D.M.s recommendation for enhancing the allowance to the institutions and homes and to inform the Court about the decision on the next date of listing. 4. We also suggest that honest independent individuals and organizations should be involved in the process of overseeing the running of these orphanages and homes, so that it could be ensured that the sums earmarked for the inmates, as also the food and gifts that are given by philanthropic persons actually reach the intended beneficiaries and are not pilfered or misappropriated. Effective steps should also be taken for trying to send the children recovered or found to their homes at the earliest (as at the initial phases immediately after being found the child may be better able to remember and describe his address). With this end there should be better co-ordination between the police and Social Welfare departments, and the help of good NGOs and individuals working in this area could also be sought. Such effective co-ordination between the administrative and police authorities, would also facilitate orphan children being sent to good homes, in a legal manner, and prevent them from falling in the hands of exploiters or child traffickers. We would therefore like a response on the steps already taken or planned to be taken on the points mentioned in this paragraph from the concerned District level administrative and police authorities at Allahabad on the next listing. 5. We would therefore like a response on the steps already taken or planned to be taken on the points mentioned in this paragraph from the concerned District level administrative and police authorities at Allahabad on the next listing. 5. We have also come across some disturbing news reports which appeared in the 'Hindustan Times' and other news papers wherein it was mentioned that owing to extreme hunger some children in village Ganne village in Shankargarh block were seen eating mud. The news columns reported that a team of the Central Government also visited the said area and a survey of malnutrition of the of children in the village and the surrounding areas was conducted. 6. Another problem that has been highlighted in other news reports in the the newspaper is the grave shortage of water in the Shankargarh area and other similar backward areas in Allahabad, the falling water table and the wells and hand pumps going dry in that region. We are also aware that a large amount of the ground water is utilized in the silica sand washing plants which have mushroomed in the area. "...Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilized society. All civil, political, social and cultural rights enshrined in the Universal Declaration of Human Rights and Convention or under the Constitution of India cannot be exercised without these basic human rights...." - Chameli Singh and Ors. v.State of U.P. and Ors., reported in AIR1996SC1051, (as recently approved in M.K. Balakrishnan and Ors. v. Union of India & Ors., JT 2009(4) SC 547). The latter judgment also emphasized that the right to food and water is part of the right to life guaranteed in Article 21 of the Constitution. 7. In Hinch Lal Tiwari v. Kamala Devi : AIR 2001 SC 3215 , the apex Court has highlighted how usurpation of community resources like ponds, forests, hillocks, non-abadi sites etc. by powerful or ineligible sections are giving rise to a veritable ecological crisis. The Apex Court observed as follows in paragraphs 13 : "13. It is important to note that material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. by powerful or ineligible sections are giving rise to a veritable ecological crisis. The Apex Court observed as follows in paragraphs 13 : "13. It is important to note that material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enable people to enjoy a quality life which is essence of the guaranteed right under Article 21 of the Constitution. The Government, including revenue authorities, i.e. respondents 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment for the benefit of public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites." 8. We also find that whereas the water woes of urban dwellers are addressed on an emergency basis when protests are raised about the water table falling or water supply being reduced in the pipe lines, but the cries of the villagers in distress are seldom heard, or if a response is made to their needs it is at best only sporadic. 9. We see this patent discrimination against the poor, women and children, the socially and educationally backward, Scheduled Castes (SCs) and Scheduled Tribes (STs), and minorities in all areas, who deserve to have the first, but actually have the last charge on the resources and benefits conferred by a welfare State. This is quite antithetical to the Constitutional provisions relating to fundamental rights and directive principles of State policy, which consistently seek to give first priority to these weaker sections. Thus Article 14 provides all persons a right to equality before the law. Article 15(2) places restrictions on discrimination against persons belonging to particular religions, race, caste, or sex etc. in use of wells, and other public utilities. Article 15(3) and (4) speak of making special provisions for women and children and socially and educationally backward class of persons, or SCs and STs. Article 16(4) and 16 (4A) encourages making special provisions for reservation of appointments or posts in favour of any backward class of citizens, or SCs and STs. Article 23 speaks of prohibiting trafficking in human beings, begar and other forms of forced labour. Article 16(4) and 16 (4A) encourages making special provisions for reservation of appointments or posts in favour of any backward class of citizens, or SCs and STs. Article 23 speaks of prohibiting trafficking in human beings, begar and other forms of forced labour. Article 38 calls for providing for a just social, economic and political order and of minimizing inequalities in status, facilities and opportunities. Article 39 refers to the State's policy to provide adequate means of livelihood for all citizens, and for ensuring that the ownership and control of the community's material resources subserve the common good, that the economic system does not lead to a concentration of wealth to the common detriment, and that men and women are paid equally, the health and strength of workers are not abused, and that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment, and that citizens are not forced to enter avocations unsuitable to their age or strength because of economic necessity. Article 41 speaks of the policy of the State to provide within the limits of its economic capacity, a right to work, to education and to public assistance in cases of unemployment, old age, sickness, disablement, or undeserved want. Article 43 speaks of the obligation of the State to provide by legislation or otherwise living wages, and humane terms of employment to agricultural, industrial and other workers and the promotion of cottage industries in villages. Article 46 refers to the policy of the State to give special care in education and employment to weaker sections especially SCs and STs, for protecting them from social injustice and exploitation. Article 47 refers to the duty of the State to raise the level of nutrition and standard of living of the people and to improve public health. 10. It may be noted that hunger, thirst, abject poverty and lack of gainful employment is also a major cause for children migrating to other places, with or without their families, becoming bonded labourers, getting entangled in oppressive child labour, and also becoming vulnerable to child traffickers, who may promise them food and other good things which may result in the child going missing from his home. 11. 11. Unless effective steps are taken for addressing the issue of poverty by ensuring that livelihood needs of the poor are addressed, mines leases are given to Self groups of the labourers who may presently be working as bonded labourers for contractors, or by providing them with ceiling surplus or other land, and providing BPL Cards to eligible persons, strengthening the Public Distribution system (PDS), distributing health insurance cards etc., improving the functioning of the Integrated Child Development Scheme (ICDS), ensuring universal enrolment of all age eligible children in schools, provision of mid-day meals, only then can children be prevented from going missing from their homes in search of food and livelihood. Only such measures can stave off the growing attraction of extremism, which is increasingly being seen as an only option by the hungry or thirsty poor of such regions. 12. We would also like to have a response on the next date of listing from the District Magistrate Allahabad as to the truth of the allegations regarding extreme hunger, and of children consuming mud in Ganne village in Shankargarh, and would also like the Central and local committee reports (if any) placed before us regarding malnutrition and other problems of the area, and the comprehensive remedial measures that have been undertaken or are planned. 13. We would also like to have a response from the Editor/ correspondent of the Hindustan Times, who may file their news stories about the problem as well as the sources of their information. 14. We would also like to be informed by the district administration about the immediate steps being taken for providing water to the thirsty in the area, and also on a sustainable basis. We would also like to be informed as to whether there are any plans for regulating ground water extractions, for water harvesting and for re-charging the aquifers which are drying up in these areas. 15. Information should also be provided as to whether the extraction of water by the silica sand washing plants in Shankargarh are in accordance with environmental laws and directions of concerned authorities. 16. 15. Information should also be provided as to whether the extraction of water by the silica sand washing plants in Shankargarh are in accordance with environmental laws and directions of concerned authorities. 16. In response to an application moved by intervenors Gramin Utthan Samiti (Regd.) and others, (and subsequently the intervenors Khwaja Garib Nawaz Welfare Society and another), after hearing Sri Sukhendu Pal Singh Advocate on 10.4.2009, this Court had passed an order that the State and the Central Governments should each pay 45% of the expenditures as committed by them for supporting the children's homes being run by the intervenors on contracts by the government in pursuance of section 34 of the U.P. Juvenile Justice Act. The remaining 10% was to be borne by the voluntary agencies from their own resources. It may be noted that the government was supporting running of these homes, under a government scheme because the government was not in a position to immediately establish the children's homes which law mandates it to set up, by its own efforts. In pursuance of the said order and obligations whereas the State Government has made the needed payments at that stage, so far as the petitioners Gramin Utthan Samiti (Regd) and others was concerned. But it has been pointed out by the intervenor, that not a single penny has been paid by the Central government so far. We again issued reminders on 13.8.2009, and 5.5.2010 to the Central government to make the needed payments. Today, Sri N.I. Jaffri appears on behalf of the Central government and states that he has communicated these orders to the Secretary, Women and Child Welfare, Union of India after the order on the application dated 5.5.2010 was passed. Regretfully no counter affidavit or commitment about the required payment has been made by Central government even today. 17. List this case next on 13.7.2010. On that date so far as the obligation to make payments for running the children's homes by the intervenors are concerned the Union of India should either make the required payments or show cause . 18. 17. List this case next on 13.7.2010. On that date so far as the obligation to make payments for running the children's homes by the intervenors are concerned the Union of India should either make the required payments or show cause . 18. A copy of this order be given to learned counsel for the parties and be forwarded to the concerned respondents, i.e. D.M., Commissioner, Allahabad, Chief Secretary, U.P., Secretary, Women and Child Development, U.P., Secretary, Handicapped Welfare, U.P., Union Secretary, Women and Child Welfare, New Delhi, Editor, Hindustan Times, Allahabad, within two weeks for compliance/ responses. Orders will be passed on other applications and affidavits filed by parties on the next date.