THOMAS JAIKAB Vs. UNION OF INDIA

JUDGEMENT

(1.) THE material averments in the memorandum of this petition are these. The petitioner is a poor citizen of this country. He is penniless, unemployed and without any shelter. Thoroughly disappointed, he sent a letter to the Prime Minister requesting that he may be given financial aid so that he may arrange for his fooding, clothing and lodging. He also informed the Prime Minister that in case help was not given there will be no alternative but to either commit some crime or commit suicide. By a letter dated 17th February, 1988, the Secretariat of the Prime Minister informed the petitioner that the Prime Minister had not been allotted any fund from which financial aid, as claimed by the petitioner, could be given. The petitioner addressed a letter to the President of the country. The President's Secretariat forwarded the letter of the petitioner to the Chief Secretary of this State. The Chief Secretary informed the petitioner that his problem had been forwarded to the District Magistrate, Kanpur, for taking necessary action. The petitioner did not receive any reply from the District Magistrate despite his letter dated 13th July, 1989, addressed to the said Officer. On 15th December, 1989, the petitioner notified through publication. in the press as well as by sending letters to the President, the Prime Minister, the Chief Secretary, Uttar Pradesh and the District Magistrates. Kanpur that he would commit suicide on 30th January, 1990, the petitioner addressed a communication to the President praying that since a democratic. Government had not been able to provide him (the petitioner) fooding, clothing and lodging, the vote cast by him may be treated as withdrawn. The prayers to the petition are these. Steps may be taken to get rid the petitioner of poverty, unemployment and lack of shelter so that his lost confidence in the democratic system may be restored. If that is not possible the vote cast by the petitioner may be treated as not having been cast. If the petitioner commits any crime or commits suicide on account of poverty. unemployment and tack of shelter, he may not be punished.

(2.) THE sole respondent to this petition is the Union of India. In spite of time being granted to the counsel for the Union of India, no counter -affidavit has been filed.

(3.) NEITHER the right to get an employment, nor the right to get food, nor the right to get clothing, nor the right to get shelter has so far been recognised as a fundamental right by the Constitution of this country. No statute has been introduced so far so as to confer a legal right in any person in this country to claim either employment, or food, or clothing or shelter from the State. Dradlaugh v. Gosset,, (1984) 12 QDD 271 at page 285 Stephen, J. observed: