REETA GAHTORI Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The reliefs sought in this writ petition are as follows:

(2.) Briefly put, the case of the petitioner is as follows: Petitioner is a reputed social worker, who has devoted her whole life to social services. Her work has, in fact, been recognized by the Government of Uttarakhand also. Reference is made to the suicide death of one businessman from Haldwani, District Nainital, which took place on 09.01.2018. It is stated that a newspaper report shows that it was due to loss in his business and the Government has reportedly decided to compensate the family of the deceased businessman. It is further stated that the petitioner has come to know through the news reports that the State Government has announced to compensate the family of the deceased businessman with considerable amount, though the petitioner has not challenged the policy decision of the State Government, yet the matter is to be carefully examined. Public money belongs to every citizen of the State, as tax payers of the State are the main contributors to the public exchequer. Suicide attempts being made by the people in the State should not be appreciated by extending considerable compensation and rather the same should be de-motivated by taking stringent action against the wrong doers, as Right to Die is not a fundamental right, as held by the Hon'ble Apex Court in the case of Smt. Gyan Kaur Vs. State of Punjab, (1996) CriLJ 1660 (SC). Instead, such actions are being promoted by the State Government. Due to lack of funds, many essential services, particularly, in education and health sectors are suffering badly on account of insufficient infrastructure. There is a duty to use public funds in just and fair manner without any discrimination. It is the failure of the Police Administration if the suicide attempts are not controlled in the State of Uttarakhand. It is on these pleadings, in brief, that the petitioner has approached this Court.

(3.) We heard Mr. D.K. Joshi, learned counsel on behalf of the petitioner and Mr. Paresh Tripathi, learned Chief Standing Counsel on behalf of the State of Uttarakhand/respondents.