INDIAN ASSOCIATION OF LAWYERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed in public interest by Indian Association of Lawyers, through Mr. Paras Kuhad, Advocate, who is an active member of the said Association. In the petition, it has been prayed that the State Government be directed to make immediate provision for adequate shelters and clothing for destitutes and members of weaker sections of the Society, who are passing their lives on foot-path and have to sleep in extremely cold season under open sky, without any adequate warm clothing and blankets etc. THIS writ petition was filed and January 3, 1991, when mercury at Jaipur dipped to 1. 3 Degrees Celsius, several persons belonging to weaker sections of the Society, who had no shelter over their heads, were passing their nights under the open sky and battling for survival. Through this writ petition, it has been brought to the notice of the Court that hundreds of persons are being forced to live on foot-path in the city of Jaipur, on account of their inability to have any shelter over their heads. A news item, regarding their plight, was published in 'times of India', published from Jaipur (Anx. 1 ). Several lawyers were present in the Court at the time when the writ petition was considered for admission, they volunteered to go in groups at night to conduct survey and make enquiries by way of interviews with the individuals and members of the families found at such places in the city of Jaipur, where these unfortunate persons were lying on footpath during the night. Seven teams of Advocates were formed, who went at night on the same day and visited such places, where persons were passing their nights in the open sky, and submitted reports on the next day, which have been placed on record. These reports reveal that about 1500 persons, including women, children and old persons, were living on foot-path at various places in the city of Jaipur. It was reported that most of them did not have woolen cloths to cover themselves in this biting and shivering cold season. Even the minor children were wearing only torn clothes and sleeping, many a times, on the sheets of newspapers. They gave out that they are living by collecting waste papers from the roads/waste dumps, begging on the roads or in trains or working by pulling 'thela' and porter etc. They further gave out that by doing that kind of work, each adult could earn Rs. 20/- to Rs. 30/- per day. They were wearing torn out and ragged clothes, children were found half naked at all places. All of them used to take shelter under open sky or under trees or the verandahs out-shops wherever available. At some places, tents made of ragged clothes were also found. Several persons were found to be in need of medical aid, were not agreeable to get themselves examined at SMS Hospital, as this would waste their day and their families would have to starve in the evening. No medical aid was ever asked by the State or other Authorities. Majority of these people had come from Southern India and they speak Telgu and Malyali languages. They understand Hindi also. Sometimes, they warm themselves at night by burning waste papers and other old things.

(2.) MR. B. P. Agarwal, the then Advocate-General, appeared on behalf of the State and assured that the State Government will do immediately whatever possible and come to the rescue of these persons. The Department of Social Welfare was directed by the State Government to provide blankets in the city to such needy persons, who do not have any warm clothes to cover themselves and are passing their nights on the foot-path. The lawyers offered to provide their transport at their own expenses to such Government Doctors, who may be willing to visit the patients at the site and provide them with medicines. MR. Agarwal gave out that medical aid shall be provided to these people at the places, where they are living.

(3.) IT must be stated that this is a matter, in which, the respondents do not oppose and the State of Rajasthan has, in fact, been co-operative in carrying out the various directions given from time to time to create temporary night shelters for footpath dwellers, during the pendency of the writ petition. IT may be pointed out that every citizen of our country is entitled to lead life, which should be consistent with his human personality and dignity. The right under Article 21 embarrasses within its compass, apart from physical existence, the life to live with human dignity. IT may also be pointed out that, as directed by the Court, details of the arrangements of night shelters for footpath dwellers at Delhi (Anx. 'a') and proposed scheme to be executed at Lucknow, in the State of Uttar Pradesh (Anx. 'b') have been placed on record. IT is submitted that the proposed scheme for night dwellers in Rajasthan (Anx. 'c') has also been placed on record. IT may be stressed that, as observed by the Apex Court, in Bandhua Mukti Morcha vs. Union of India and others (1), "the right to live with human dignity, free from exploitation enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at least, therefore, it must include protection of the health and strength of workers, men and women, and the children of tender age against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. IT can, therefore, be said that in a welfare State, like India, it is duty and obligation of the State to create conditions, which are congenial to good health and existence of its citizens consistent with human dignity. In Kishen Pattnayak and another vs. State of Orissa (2), letter written by two social workers was considered as a writ petition, in which, the miserable conditions of the district of Kalahandi in State of Orrisa, on account of extreme poverty, was brought to the notice of the Court. Deaths had occurred on account of poverty. IT was held that it was duty of the Government to prevent instances and occurrence of death on account of poverty, and directions were issued to reconstitute Natural Calamities Committee and take various steps for mitigating poverty and starvation deaths. A further direction was given to keep watch on measures taken and such steps which may be taken in future. In Vikram Deo Singh Tomar vs. State of Bihar (3), it was held by the Apex Court that "under Article 21 every person is entitled to a quality of life consistent with human personality. The right to live with human dignity is the fundamental right of every Indian citizen. And, so, in the discharge of its responsibilities to the people, the State recognises the need for maintaining establishments for the care of those unfortunates, both women and children, who are cast aways of an imperfect social order and for whom, therefore, necessary provision must be made for their protection and welfare. " IT was further held that "it is incumbent upon the State to provide at least minimum conditions ensuring human dignity in what is described as "care Homes". Thus, it is clear that it is duty/obligation of the State to create such conditions in which weaker may not be the weakest section of the Society, who have no choice, but to pass their lives on pavements under open sky, even during the season of biting cold, to take measures to provide temporary shelters for them during the night. The Study report of establishment of Night Shelters/rain Baseras run at Delhi (Anx. 'a') shows that these have been created to save pavement dwellers from natural calamities. The 'pucca' buildings of "rain Baseras" are administered by Local Bodies. Such shelters remain open from 7 p. m. to 8 a. m. In these Night Shelters, provisions for 'durry', blankets in cold season, latrine- both,fans, T. V. and coolers etc. have been made. A charge of Rs. 1. 50 per day is fixed. During the day time, in these Rain Baseras, arrangements for formal education for children and adult education, free of cost, have been made. A proposed scheme of "rain Basera" to be established in Lucknow (Anx. 'b') is also more or less on the similar lines. In this scheme, it is further proposed that in the buildings of "rain Baseras", shops should be built on the ground floor and "rain Basera" arrangements should be made on the first and second floors, so that, rental income of the shops takes care of the expenses incurred on the maintenance of "rain Baseras". The proposed scheme for Rajasthan (Anx. 'c') is more or less on the same lines, in which, it has been proposed that same facilities should be provided, as mentioned above.