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Himachal Pradesh High Court · body

2015 DIGILAW 662 (HP)

Court on Its Own Motion v. State of Himachal Pradesh

2015-06-04

RAJIV SHARMA, TARLOK SINGH CHAUHAN

body2015
JUDGMENT Rajiv Sharma, J. 1. The Court has taken cognizance of the letter, dated 22nd December, 2014, whereby the plight of inmates of State Home for Destitute Women at Mashobra, District Shimla, has been highlighted. There are about 30 adult inmates housed in the State Home for Destitute Women at Mashobra, District Shimla. There is 6 years old boy also. The inmates are not provided with Sanitary Napkins. There is no Sweeper available between 5 p.m. to 10 p.m. There is no nurse to look after the mentally sick persons. There is no female nurse appointed at the State Home. There is no provision for psychological counseling. There is no boundary wall around the Home. They are neither provided newspapers nor magazines. Two minor girls aged 14 to 17 are also housed there. The inmates are not provided any disability pension. The inmates are not provided with old age pension, though they are 60 years old. The close relations of the inmates have not been contacted till date. 2. In the reply filed, it is admitted that on 31.01.2015, 34 inmates were enrolled in the State Home, which comprises of 32 adults, 1 minor girl, named Asha. Daughter of one of the inmate, namely, Smt. Sunita has now been shifted to Balika Ashram, Durgapur on 17.01.2015. Smt. Leela, Aya has been transferred from Children Home, Tutikandi to Nari Sewa Sadan, Mashobra. According to the averments contained in the reply, the inmates being mentally retarded are not able to handle and use the Sanitary Napkins. One daily waged Sweeper is working from 10:00 a.m. to 5:00 p.m. and the need for extra Sweeper shall be considered after assessing the situation. Since the staff sanctioned to this institution is not trained to attend/look after mentally ill women, who have been admitted in the Nari Niketan, the department has taken up the matter with the Health Department to shift the mentally ill inmates of Nari Niketan to Hospital for Mental Health and Rehabilitation, Boileauganj, Shimla. The inmates are got examined at IGMC. The Psychiatrists from IGMC, Shimla are visiting the State Home monthly. The trainer has been provided in the State Home, Mashobra to provide training on Cutting and Tailoring, Embroidery and making of soft toys to the inmates. A sum of Rs. The inmates are got examined at IGMC. The Psychiatrists from IGMC, Shimla are visiting the State Home monthly. The trainer has been provided in the State Home, Mashobra to provide training on Cutting and Tailoring, Embroidery and making of soft toys to the inmates. A sum of Rs. 24,56,900/- for providing and fixing of fencing around the building of Nari Sewa Sadan, Mashobra has been procured from the Executive Engineer, HPPWD Division, Theog, District Shimla and the money would be sanctioned soon. Case of Neelam was pending for grant of old age pension. Damitri, being not bonafide Himachali, was not found eligible for old age pension. Case of Kamla for old age pension was being considered. Six inmates were produced before the District Medical Board for assessment of their disability on 27.02.2015 for granting disabled relief allowance after obtaining the disability certificate. Few inmates have been shifted to Old Age Home Basantpur. The efforts were being made to restore their kith and kin on the addresses mentioned by the inmates. Five inmates, namely, Saraswati Pal, Shayama Payari, Deepali, Muskanand Pooja Sahu have been restored to their kith and kin during the years 2012, 2013 and 2014. One inmate, namely, Ms. Bimla Devi was sent for vocational training in Vardhman Mills Baddi. 3. We are of the considered view that the prevailing conditions in the Aashram are not habitable. It is the duty of the State to provide all the basic amenities to the inmates taking into consideration the difficulties faced by them. Few of the inmates are mentally retarded, some are disabled. There is only one Sweeper available between 10:00 a.m. to 5:00 p.m. There is no female nurse appointed at the State Home. There is no provision for psychological counseling. There is no boundary wall around the Home. They are neither provided newspapers nor magazines. Few inmates have not been provided old age pension. Few inmates are denied the old age pension, though they are 60 years old. The close relations of the inmates have not been contacted till date. It is the responsibility of the State to provide necessary succor to the inmates, whether bonafide Himachali or not. It is humane problem and has to be tinkered with sympathy. The basic rights of the inmates are required to be protected by the State being a welfare State. The close relations of the inmates have not been contacted till date. It is the responsibility of the State to provide necessary succor to the inmates, whether bonafide Himachali or not. It is humane problem and has to be tinkered with sympathy. The basic rights of the inmates are required to be protected by the State being a welfare State. All the inmates of the Ashram belong to one group and they cannot be segregated only on the basis of their domicile or citizenship. They are there due to adverse circumstances beyond their control. The basic needs of bonafide and non-bonafide Himachalis are the same. The action of the respondents of denying the old-age pension and disability pension to the non-bonafide inmates of the Ashram is unreasonable and arbitrary. 4. Accordingly, we issue the following mandatory directions to the respondents: 1. The respondents are directed to fix the fencing around the building of Nari Sewa Sadan (State Home for Desstitute Women at Mashobra, District Shimla, H.P.) within a period of three months from today. 2. Kiran, one of the inmates be paid the disability allowance/pension within a period of three weeks as per the disability certificate. Similarly, Damitri, even if not bonafide Himachali, is entitled to Old Age pension. 3. Kamla, one of the inmates be also paid the Old Age pension as per the affidavit, within a period of three weeks. 4. Six inmates as per the reply, who have been produced before the Medical Board on 27.02.2015 be also paid the disability relief allowance/disability pension regularly. 5. A Sweeper be appointed between 5:00 p.m. to 10:00 p.m. on regular basis. A Staff Nurse be also appointed to look after the inmates and, if necessary, by way of deputation/secondment basis from any Government run hospital. 6. The respondents are directed to provide Sanitary Napkins to all the inmates and they be also taught the basics how to use and handle the same. 7. The inmates be provided with neat and clean clothes every day and the Washer man be appointed to wash their clothes on day-to-day basis. 8. The Medical Superintendent, IGMC is directed to ensure that the Psychiatrist visits the Ashram fortnightly. The attendant staff be also appointed within a period of eight weeks from today to facilitate the inmates. 9. 7. The inmates be provided with neat and clean clothes every day and the Washer man be appointed to wash their clothes on day-to-day basis. 8. The Medical Superintendent, IGMC is directed to ensure that the Psychiatrist visits the Ashram fortnightly. The attendant staff be also appointed within a period of eight weeks from today to facilitate the inmates. 9. The efforts be made to find out the next kith and kin of inmates by constituting a committee by the Superintendent of Police, Shimla within a period of two weeks from today. 10. The Principal Secretary (Health), Government of Himachal Pradesh is directed to get the diet chart for the inmates prepared within a period of three weeks from today and all the inmates shall be provided the food as per the chart prepared by the dietitian. 11. The State Government is also directed to provide necessary vocational training to the inmates and also provide them atleast one newspaper in English and one in vernacular and one magazine. 12. The District Welfare Officer, Shimla i.e. respondent No.7 is directed to make surprise visit to State Home for Destitute Women at Mashobra, District Shimla, every month to supervise and ensure that all the basic facilities and amenities are provided to the inmates. 13. The Chief Secretary, Government of Himachal Pradesh shall be personally responsible to implement the directions in letter and spirit. 5. In the light of the aforesaid observations/directions, the petition stands disposed of, so also the pending applications, if any. The Umang Foundation is awarded costs of Rs. One lakh to be utilized only for the welfare of the inmates of the Ashram.