SANGEETA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Dr. Nupur Bhati and Ms. Vandana Bhansali, learned Court Commissioners/amicus curiae have submitted detailed suggestions in reference to the comprehensive inspection reports submitted by the concerned Secretaries of DSLA's regarding the situations prevailing at Nari Niketans Ajmer, Bharatpur, Bikaner, Jaipur and Kota. These suggestions are taken on record. Copy of the same has been provided to Shri Farzand Ali, AAG who shall instruct the Secretary, Social Welfare Department to ensure that all the deficiencies pointed out in the various reports/suggestions of amicus curiae are removed/rectified. Names of Dr. Nupur Bhati and Ms. Vandana Bhansali shall be displayed in the cause list henceforth.

(2.) We are informed that mentally challenged/traumatized ladies are housed in almost all the Nari Niketans. Thus, providing the aid of full-fledged Counsellor to such ladies is their fundamental right as enshrined under Article 21 of the Constitution of India. We are also informed that the Administration indulges in engaging Counsellors on job basis in these Homes. However, this purely is a knee-jerk reaction. No regular post of Counsellor is provided under the Administration, Admission and Rehabilitation of Persons in Home and Shelters Rules, 1970. Keeping in view the fundamental requirements of these neglected ladies who come into contact with the system and are kept in the homes, round the clock availability of Counsellors is quintessential. Merely engaging counsellors on job basis cannot subserve the purpose of the Rules nor can same cater to the needs of these ladies who are in dire need of help and support from all corners.

(3.) Thus, we hereby direct that the State Government shall consider appropriate amendment in the Rules so as to encadre the posts of Counsellor (Female) for appointment in all the Nari Niketans in the State of Rajasthan. It is further directed that the Social Welfare Department shall ensure that all the vacant posts in Nari Niketans are filled in by appropriate trained female officers/staff by the next date.