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2015 DIGILAW 677 (HP)

Ajai Srivastava v. State of Himachal Pradesh

2015-06-05

RAJIV SHARMA, TARLOK SINGH CHAUHAN

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JUDGMENT Rajiv Sharma, J. 1. The Court has taken cognizance of the letter, dated 29.12.2014, addressed to Hon’ble the Chief Justice by Shri Ajai Srivastava, Honorary Chairman, Umang Foundation, whereby the questions of vital public importance have been raised. 2. In India, 95 million people are above the age of 60 and by the year 2025, nearly 80 million more will be added to this bracket of population. There are about 8 million people who are currently above the age of 80 years. It is the need of hour to provide them with shelter, food, clothing and medical care. The old people are leading isolated lives due to change in value system and of course due to economic considerations. It is the duty of all of us to restore their dignity in their twilight. 3. According to the averments made in the letter, dated 29.12.2014, there are 17 inmates in the Old Age Home at Basantpur, District Shimla, run by the H.P. State Social Welfare Advisory Board. Out of them, four inmates, namely, Mr. Sonam Bahadur, Mr. Surat Ram, Mr. Ram Singh and Ms. Krishna are severely handicapped. They are in the age group of 40-50 years. Both legs of Mr. Sonam Bahadur were amputated after he met with a major fire accident while he was working as a labourer with a Contractor of H.P. State Forest Corporation in District Kullu. He was treated at Indira Gandhi Medical College, Shimla. However, neither the Contractor nor the State Government paid any compensation to him. He is living in the Old Age Home for the last about 13 years. He has also not been paid any disability pension. Mr. Surat Ram had a brain stroke leading to paralysis. He was admitted in the Old Age Home about one year ago. He has also been denied the disability pension. Mr. Ram Singh is living in the Home for the last eight years. He has also been denied the disability pension by the State. Ms. Krishna is mentally retarded. There is no skilled employee to tackle with such persons in the Home. She has also been denied the disability pension. Petitioner has prayed that these inmates be given disability/rehabilitation pension. Petitioner has also prayed that a separate rehabilitation centre should be opened by the State for the helpless disabled persons with facility to provide them some vocational training. There is no skilled employee to tackle with such persons in the Home. She has also been denied the disability pension. Petitioner has prayed that these inmates be given disability/rehabilitation pension. Petitioner has also prayed that a separate rehabilitation centre should be opened by the State for the helpless disabled persons with facility to provide them some vocational training. It is also prayed that the inmates also need psychological counseling. The petitioner has also prayed that the inmates who suffers from serious mental sickness, should be shifted to the Hospital for Mental Health and Rehabilitation, Boileauganj, Shimla. Petitioner has further prayed that a separate rehabilitation centre is required for the helpless persons with mental retardation. 4. Respondents No. 1, 2, 5, 6 and 8 have filed their replies. According to the averments made in the reply filed by respondents No. 1 to 5 and 6, it is stated that the Old Age Home, Basantpur is being run by the H.P. State Social Welfare Advisory Board, which is a voluntary organization. The State Government provides grant-in-aid to the concerned organization. It is admitted in the reply that there is no separate Home for the adult disabled shelter less and destitute persons in the State. A Home for Mental Retarded adult males has been established at Nahan by the Aastha Welfare Society, Nahan and the Government is providing grant-in-aid to the NGO. Similarly, the efforts are also being made to run Home for Mental Retarded females in the State. But, for the time being, these persons are lodged in the Old Age Home. The feasibility and mechanism for running/opening separate home for shelter less in a need of immediate shelter is under active deliberation/consideration of the State Government. The Secretary, H.P. State Social Advisory Board was directed to provide all the basic facilities to all the inmates lodged in the Home vide letter, dated 21.02.2015. The District Welfare Officer, Shimla was directed to take immediate steps for providing Disability Rehabilitation Allowance/Old Age Pension to all the eligible inmates admitted in the Home and to inspect the said Home regularly. According to the reply, there are 19 inmates lodged in the Old Age Home Basantpur, out of which 14 are old aged inmates and 5 are physically handicapped inmates. Out of 14 old aged inmates, 12 inmates are getting Old Age Pension. According to the reply, there are 19 inmates lodged in the Old Age Home Basantpur, out of which 14 are old aged inmates and 5 are physically handicapped inmates. Out of 14 old aged inmates, 12 inmates are getting Old Age Pension. Case of one Saleem for grant of Old Age Pension is under consideration. According to the provisions of Social Security Pension Scheme, Old Age Pension/Disability Relief Allowance can only be provided to Bonafide Himachalis. Since Smt. Ganga, an old aged inmate belongs to Nepal and not being a bonafide Himachali, is not eligible for old age pension as per the provisions of Social Security Pension Scheme. Similarly, out of five disabled inmates, one Smt. Meera Wati is getting Widow Pension and disability certificate of two inmates, namely, Smt. Krishna Devi and Sh. Surat Ram has been obtained from the District Medical Board and the cases of these two inmates are being processed for granting Disabled Relief Allowance. Two disabled inmates, S/Sh. Sanam Bahadur and Ram Singh belong to Nepal and are not bonafide Himachalis and as per Social Security Pension Scheme, both are not eligible for getting Disabled Relief Allowance. The Managing Director, H.P. Forest Corporation has been requested to make proper inquiry of the accident relating to Mr. Sonam Bahadur vide letter, dated 21.02.2015. A Counsellor has been appointed by the H.P. Social Welfare Board and the counseling is provided to the needy inmates twice in a month. Regular health check up of all the inmates is conducted once in a month by the Medical Officer, Community Health Centre, Sunni. Medical health check up of four mentally sick/mentally retarded inmates is conducted by the Specialist Medical Officer of Indira Gandhi Medical College & Hospital, Shimla. The relations of the inmates are not known, but the efforts are made to trace out the relations of the inmates with the help of police administration. 5. According to Preamble of The Constitution of India, India is a Sovereign Socialist Secular Democratic Republic. The respondent- State is a welfare State. It is the duty cast upon the respondent-State under Article 41 of the Constitution of India that it shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want. It is the duty cast upon the respondent-State under Article 41 of the Constitution of India that it shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want. It is the constitutional duty of the State Government to look after the interests of shelter less, disabled, destitute, mentally retarded males/females by providing them necessary assistance. Out of 14 old aged inmates, 5 are physically handicapped inmates. Only 12 inmates are getting Old Age Pension. The Old Age Pension has been denied to Smt. Ganga, S/Sh. Sanam Bahadur and Ram Singh only for the reason that they are not Indian citizen. Cases of Smt. Krishna Devi and Sh. Surat Ram are under consideration for granting them Disabled Relief Allowance. 6. All the inmates of the Old Age Home 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/ disability relief allowance to the non-bonafide Himachali inmates of the Old Age Home is unreasonable and arbitrary. 7. We are of the considered view that all the persons lodged in the Old Age Home are entitled to Disabled Relief Allowance/Old Age Pension. There is nobody to look after them and the efforts made by the authorities concerned to trace out their relations are futile. There is no separate Home for the adult disabled shelter less and destitute persons in the State. There is no Home for Mental Retarded females in the State. But, for the time being, these persons are lodged in the Old Age Home. The State Government is seized of the matter and the feasibility and mechanism for running/opening separate home for shelter less is under active deliberation/consideration of the State Government, as noticed hereinabove. 8. The inmates of the Old Age Home have a right to life under Article 21 of the Constitution of India. They are required to be provided with disability relief allowance, Old Age Pension, clothes, nutritive food and vocational training. 8. The inmates of the Old Age Home have a right to life under Article 21 of the Constitution of India. They are required to be provided with disability relief allowance, Old Age Pension, clothes, nutritive food and vocational training. The basic amenities are required to be provided by the State to all the inmates lodged in the State Home in the State of Himachal Pradesh without any discrimination/segregation. 9. Accordingly, we issue the following mandatory directions to the respondent No. 1: (1) A separate Home for adult disabled shelter less and destitute persons in the State be established within a period of one year. (2) A separate Home for mentally retarded males and females be established within a period of one year from today. (3) Smt. Ganga be released Old Age Pension within a period of three weeks from today. (4) S/Sh. Sanam Bahadur and Ram Singh be provided with Disability Relief Allowance within a period of three weeks from today. (5) Cases of Sh. Saleem, Meera Wati and Krishna Devi be processed within a period of two weeks and the Old Age Pension be released to them. (6) The Principal Secretary (Social Justice & Empowerment), Government of Himachal Pradesh is directed to release adequate funds for the construction of a separate Home for adult disabled shelter less and destitute persons in the State and for the construction of a separate Home for mentally retarded males and females within a period of eight weeks from today. (7) The Director Welfare, Himachal Pradesh, Shimla, i.e., respondent No. 5 is directed to visit the Old Age Home Basantpur, Shimla, Old Age Home Dari, Dharamshala, Old Age Home Bhangrotu, Mandi and Old Age Home Alleo, New Manali, Kullu every month to look into whether the basic amenities are being provided to the inmates lodged therein, if not, the same be made available within a period of two weeks after visiting the Home. (8) The Chief Secretary, Government of Himachal Pradesh is directed to issue necessary directions to the H.P. Civil Supply Corporation to provide adequate rations for all the inmates of Old Age Home Basantpur, Shimla, Old Age Home Dari, Dharamshala, Old Age Home Bhangrotu, Mandi and Old Age Home Alleo, New Manali, Kullu at subsidized rates. (8) The Chief Secretary, Government of Himachal Pradesh is directed to issue necessary directions to the H.P. Civil Supply Corporation to provide adequate rations for all the inmates of Old Age Home Basantpur, Shimla, Old Age Home Dari, Dharamshala, Old Age Home Bhangrotu, Mandi and Old Age Home Alleo, New Manali, Kullu at subsidized rates. (9) The Director General of Police is directed to constitute a special team headed by a officer not below the rank of Superintendent of Polcie to find out the relations of the inmates of Old Age Home Basantpur, Shimla, Old Age Home Dari, Dharamshala, Old Age Home Bhangrotu, Mandi and Old Age Home Alleo, New Manali, Kullu. (10) The State Government is also directed to provide necessary vocational training to the inmates and also provide them atleast one newspaper in English vernacular and one magazine. (11) The Chief Secretary, Government of Himachal Pradesh shall be personally responsible to implement and execute the directions made hereinabove, in letter and spirit. 10. We place on record our appreciation for the sincere efforts made by the petitioner by bringing to the notice of the Court the conditions prevailing in the Old Age Homes in the State of Himachal Pradesh. The Umang Foundation is awarded costs of rupees one lac. It is made clear that the costs shall only be used for the welfare of disabled, shelter less, destitutes, mentally retarded males/females in the State of Himachal Pradesh. 11. In the light of the aforesaid observations/directions, the petition stands disposed of.