# 11 S.C.R. 824 REENA BANERJEE & ANR v. GOVT. OF NCT OF DELHI & ORS

- **Citation:** [2016] 11 S.C.R. 824
- **Court:** Supreme Court of India
- **Decided:** 2016
- **Case number:** Civil Appeal No. 11938of2016
- **Bench:** T. S. Thakur, A. M. Khanwilkar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/11-s-c-r-824-reena-banerjee-anr-v-govt-of-nct-of-delhi-ors-31187
- **Pages:** 33

## Headnote

Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 - ss.8. 23 - Mental Health
Act, 1987 - Writ petition before High Court highlighting the pitiable
and pathetic condition of Asha Kiran Home (A Delhi Government
run Home for differently abled men, women and children) - Giving
suggestions to remedy the deficiencies - Management of the Home
agreed to consider the suggestions - High Court directed the parties
to convene a joint meeting and to submit a proposal about the
reforms required in the Home - Delhi Government accordingly
submitted a report about the action already taken and proposed to
be taken - High Court disposed of the petition opining that the
proposed action in the Report would improve the condition of the
home and expressed hope that the authorities concerned would
implement the proposed action within assured time frame - The Court
fi1rther clarified that the Authorities may consider the suggestions
made by the writ petitioner - Appeal before Supreme Court by the
writ petitioner on the grounds inter alia that the Authorities had never
fi1ljilled their commitments made before the Court in previous writ
petitions; and that High Court should have examined the suggestions
of the writ petitioner - Affidavits filed by Government giving factual
information about the action taken in fi1rtherance of the proposal
submitted before High Court and stating that living conditions of
the inmates of the Home had considerably improved and that medical
care, health structure and exposure to sports had been
strengthened - Holl'ever, the Court observed that the pitiable
condition in Asha Kiran Home, may be true in respect of Homes in
other parts of the country - Therefore, issued notice to all the State
Governments and Union Territories to file their response about the
ground reali~v prevailing in their respective States with particular
reference to the State obligations enunciated in the 1995 Act -
Affidavits were filed by different States/Union Territories giving
824
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS.
particulars about the prevailing position in their respective States/
Union Territories - Held: Considering the factual position stated
in the latest affidavit filed by Delhi Govern111ent (which had not
been controverted) it follows that issues agitated before the High
Court have been substantially redressed - If there is still any
deficiency or possibility of fi1rther improvisation, it is open to the
writ petitioner to give suggestions to the Governing Council -
Therefore, the proceedings in respect of Asha Kiran Ho111e should
co111e to an end - So far as Homes in other States are concerned,
there are ample provisions in the 1995 Act and the 1987 Act and the
Rules framed thereunder, not only for establishment of the Homes,
but also for maintenance and conditions and facilities to be provided
to the inmates thereof - Authorities for monitoring and supervision
are also in place - The appropriate Government is not only required
to establish such Homes, but also to create an environment to impart
education to the inmates - The affidavits filed by the States/Union
Territories disclosing the conditions prevailing in the Homes, be
placed before the Central Co-ordination Committee established
under 1995 Act - Affidavit of the State concerned be placed before
the State Co-ordination Committee of the State concerned - The
Central Committee may develop a national policy or modify the
existing national policy, programmes or schemes - On identifj;ing
issues about non-implementation or non-compliance, the concerned
State Committee can be directed by the Central Committee which
would be binding on the State Committees - The affidavits filed
before this Court should also be placed before the concerned State
Committees - Six months time is granted to the Central and State
Committees to take remedial measures and to ensure that the
deficiencies in the respective institutions are cured

## Text

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[2016) 11 S.C.R. 824
REENA BANERJEE & ANR.
v.
GOVT. OF NCT OF DELHI & ORS.
(Civil Appeal No. 11938of2016)
DECEMBER 08, 20 I 6
[T. S. THAKUR, CJI AND A. M. KHANWILKAR, J.]
Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 - ss.8. 23 - Mental Health
Act, 1987 - Writ petition before High Court highlighting the pitiable
and pathetic condition of Asha Kiran Home (A Delhi Government
run Home for differently abled men, women and children) - Giving
suggestions to remedy the deficiencies - Management of the Home
agreed to consider the suggestions - High Court directed the parties
to convene a joint meeting and to submit a proposal about the
reforms required in the Home - Delhi Government accordingly
submitted a report about the action already taken and proposed to
be taken - High Court disposed of the petition opining that the
proposed action in the Report would improve the condition of the
home and expressed hope that the authorities concerned would
implement the proposed action within assured time frame - The Court
fi1rther clarified that the Authorities may consider the suggestions
made by the writ petitioner - Appeal before Supreme Court by the
writ petitioner on the grounds inter alia that the Authorities had never
fi1ljilled their commitments made before the Court in previous writ
petitions; and that High Court should have examined the suggestions
of the writ petitioner - Affidavits filed by Government giving factual
information about the action taken in fi1rtherance of the proposal
submitted before High Court and stating that living conditions of
the inmates of the Home had considerably improved and that medical
care, health structure and exposure to sports had been
strengthened - Holl'ever, the Court observed that the pitiable
condition in Asha Kiran Home, may be true in respect of Homes in
other parts of the country - Therefore, issued notice to all the State
Governments and Union Territories to file their response about the
ground reali~v prevailing in their respective States with particular
reference to the State obligations enunciated in the 1995 Act -
Affidavits were filed by different States/Union Territories giving
824
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS.
particulars about the prevailing position in their respective States/
Union Territories - Held: Considering the factual position stated
in the latest affidavit filed by Delhi Govern111ent (which had not
been controverted) it follows that issues agitated before the High
Court have been substantially redressed - If there is still any
deficiency or possibility of fi1rther improvisation, it is open to the
writ petitioner to give suggestions to the Governing Council -
Therefore, the proceedings in respect of Asha Kiran Ho111e should
co111e to an end - So far as Homes in other States are concerned,
there are ample provisions in the 1995 Act and the 1987 Act and the
Rules framed thereunder, not only for establishment of the Homes,
but also for maintenance and conditions and facilities to be provided
to the inmates thereof - Authorities for monitoring and supervision
are also in place - The appropriate Government is not only required
to establish such Homes, but also to create an environment to impart
education to the inmates - The affidavits filed by the States/Union
Territories disclosing the conditions prevailing in the Homes, be
placed before the Central Co-ordination Committee established
under 1995 Act - Affidavit of the State concerned be placed before
the State Co-ordination Committee of the State concerned - The
Central Committee may develop a national policy or modify the
existing national policy, programmes or schemes - On identifj;ing
issues about non-implementation or non-compliance, the concerned
State Committee can be directed by the Central Committee which
would be binding on the State Committees - The affidavits filed
before this Court should also be placed before the concerned State
Committees - Six months time is granted to the Central and State
Committees to take remedial measures and to ensure that the
deficiencies in the respective institutions are cured within such time
- As regards Nursing Homes and hospitals established under 1987
Act, similar procedure can be followed by sending the affidavits to
Central and State Authority of Mental Health Services - The
respective Authorities shall issue necessary directions to the
institution{5) under its jurisdiction and ensure its implementation
within six months.
Disposing of the appeal, the Court
HELD: 1. Considering the factual position stated in the
latest additional affidavit filed by the respondents, and which bas
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not been controverted, it must follow that the issues agitated by
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r2o 161 11 S.C.R.
the .appellants before the Delhi High Court have been
substantially redressed. In case there is still any subsisting
deficiency or shortcoming or a possibility of further improvisation,
it is always open to the appellants to give their suggestions to
the Governing Council. The appellants are free to do so. There
is no reason why the Governing Council will not consider those
suggestions and act upon the same in right earnest, if the same
are reasonable and achievable. [Para 8] [842-A-B)
2.1 A comprehensive mechanism and dispensation is
predicated in The Persons with Disabilities (Equal Opportunities
Protection of Rights and Full Participation) Act, 1995 and the
Rules framed thereunder. Besides the 1995 Act, even the Mental
Health Act, 1987 postulates a dispensation mandating the
appropriate Government to establish institutions for the care of
mentally challenged persons and maintenance and management
thereof with a view to create an equal opportunity and social
security to them. For that, an organizational structure has been
provided for the Central Government and Union Territories on
the one hand and the respective State Governments on the other.
The Authorities so created have been fastened with a duty to
ensure that the Homes are maintained properly; and the inmates
as well as outdoor patients are looked after properly and also to
create equal opportunity and social security in the matter of
education and employment of such persons. [Para 10) [842-F-H;
843-A]
2.2 Besides the dispensation provided in the 1995 Act for
the implementation of the avowed objectives of the said Act, 1987
Act also provides for a comprehensive dispensation to fulfill the
objectives of that Act. Under the latter Act, the Central Authority
for Mental Health Services is established by the Central
Government and the State Authority for Mental Health Services
is established by the concerned State Government. [Para 13)
[846-D-E)
2.3 Thus, 1995Act as well as 1987 Act make ample provision
for not only establishment of Homes for the admission, treatment
and care of mentally ill persons but also about the maintenance
and conditions and facilities to be provided to the inmates, to
ensure that the Homes are properly equipped and are being run
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS.
827
in accordance with the statutory scheme. Authorities for
monitoring and supervision are also in place (Central Coordination Committee at the top of the pyramid in so far as Homes
established by the Central Government or permitted to be
established by it). Similarly, for the Homes established by the
State Government or permitted to be established by it, the State
Co-ordination Committee is at the top of the pyramid of the
organizational structure within the State. The provisions in the
1987 or 1995 Act and Rules framed thereunder, clearly articulate
the manner of providing proper conditions in Hospitals/Homes
established under the concerned enactment and also for its
maintenance. [Para 17] (849-F-H; 850-A]
2.4 There are ample provisions in the 1995 Act to ensure
proper functioning of the Homes accommodating mentally
challenged persons. This Act, no doubt, deals with the aspirations
of persons inflicted with disability generally. The expression
"disability" is defined in Section 2(i) which includes mental
retardation and mental illness. The regime for proper
maintenance and upkeep of the Homes established under this
Act for mentally challenged persons, would apply proprio vigore.
The appropriate Government is not only required to establish
such Homes but also to create an environment to impart
education to the inmates. (Para 20] (852-B-C]
2.5 The concerned States/Union Territories have filed
affidavit disclosing the conditions prevailing in the Homes
established under the 1995 Act within their jurisdiction. All those
affidavits be placed before the Central Co-ordination Committee
established under the 1995 Act. Similarly, the affidavit of the State
concerned be placed before the State Co-ordination Committee ·
of the concerned State. The said Authorities have ample power
to monitor and evaluate the implementation of the programmes
including to review and co-ordinate with the appropriate
Government on matters relevant for improvisation of the
conditions of the Home within the State or for introducing welfare
measures for the inmates therein. Section 8 of 1995 Act obligates
the Central Co-ordination Committee to review and co-ordinate
the activities of all the Departments of the Government and other
Governmental and non-Governmental Organizations which are
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[2016] II S.C.R.
dealing with matters relating to persons with disabilities. The
Central Co-ordination Committee also discharges an advisory
role including to develop a national policy to address issues faced
by persons with disabilities. It has to advise the Central
Government on the formulation of policies, programmes,
legislation and projects with respect to disability. As the factual
position stated in the affidavits filed by the respective State/Union
Territory before this Court will become available to the Central
Co-ordination Committee, it will be in a better position to
formulate a comprehensive national policy on matters relevant
to address the issues. It may develop a national policy or modify
the existing national policy, programmes or schemes, as may be
required. That in turn can be implemented at the micro level.
The recommendations to be made by the Central Co-ordination
Committee at the micro level must ideally focus on zone wise
necessity of the four regions of the country and in particular State
wise requirements. Further, on identifying issues about nonimplementation or non-compliance, the concerned State Coordination Committee can be directed by the Central Coordination Committee in exercise of its power under Section 23
of the 1995 Act. [Para 21] (852-F-H; 853-A-D]
2.6 The directions issued by the Central Co-ordination
Committee would be binding on the concerned State Co-ordination
Committee. In case, direction given by the State Government to
the concerned State Co-ordination Committee is in any manner
inconsistent with the direction given by the Central Co-ordination
Committee, that matter must be referred to the Central
Government for its decision, as mandated by the proviso to Clause
(b) of Section 23 of the 1995 Act. This exercise be completed
within a reasonable time but not later than six months. [Para 21]
[853-G-H; 854-A-B]
2. 7 Iii addition, the Secretary of the concerned Department
of the respective State/Union Territory must place the affidavit
filed in this Court before the State Co-ordination Committee of
the concerned State, who in turn must undertake similar exercise
of evaluation of the conditions of the local Homes and take
remedial measures within a reasonable time but not later than
six months. The direction so issued by the State Co-ordination
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Committee to the local institution/Home established under the
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS.
1995 Act must be forwarded contemporaneously to the Central
Co-ordination Committee for information so that even the Central
Coordination Committee would be abreast of that development,
which can be reckoned by it while issuing direction to the
concerned State Co-ordination Committee. [Para 22] (854-B-C]
2.8 From the legislative scheme of 1995 Act, it is amply
clear that the State Co-ordination Committee is primarily
responsible for ensuring compliance of the mandate regarding
the infrastructure and other facilities to be provided in the Homes
established under the 1995 Act and also for overseeing that the
same are properly maintained from time to time and comply with
the policies and programmes designed for achieving equality and
full participation of persons with disabilities. Besides, the State
Co-ordination Committee in the concerned State is made primarily
responsible for ensuring that institutions which fulfill all the
criteria alone are established and properly maintained as per the
specified norms, the Central Co-ordination Committee is also
equally responsible to ensure that the policies and programmes
designed for achieving full participation of persons with
disabilities is taken to its logical end by all the duty holders without
any exception. [Paras 23 and 24] [854-D-E, F-G]
2.9 Six months time frame given to the Central Coordination Committee and the concerned State Co-ordination
Committee is sufficient to enable them to take necessary
remedial measures and ensure that deficiencies in the respective
institutions established under the 1995 Act are cured within such
period. In addition to the issues that have come on record in the
form of affidavit of the concerned State and also other material
which has come on record in the present proceedings or any
further inputs to be received by the Committee(s) and including
after conducting inspection of the institution(s), the concerned
Committee/Authority must take sufficient measures to remedy
the deficiencies within the time frame of not later than six months.
[Para 271 [855-D-E]
2.10 The Chairperson of the State Co-ordination Committee
shall submit compliance report not later than eight months from
the elate of the present judgment, in the Registry of this Court
after providing advance copy thereof to the Central Co-ordination
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f2016l ll S.C.R.
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Committee. The Central Co-ordination Committee shall then
submit State/Union Territory wise report with its comments, if
any, within ten months in the Registry of this Court. [Para 28]
[855-F-G]
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2.11 In so far as hospitals and nursing homes established
under the 1987 Act are concerned, similar procedure can be
followed. All the affidavits/materials filed in this proceedings be
made available to the Central Authority for Mental Health
Services. The affidavit of the concerned State be additionally
forwarded to the respective State Authority for Mental Health
Services. The Central Authority for Mental Health Services shall
cause to inspect and evaluate the conditions of the psychiatric
hospital and psychiatric nursing home and other Mental Health
Service Agencies under the control of the Central Government.
Similarly, the concerned State Authority for Mental Health
Services shall cause to inspect and evaluate the conditions of the
psychiatric hospitals and psychiatric nursing homes and other
Mental Health Service Agencies under the control of the State
Government. The res1>ective Authorities shall issue necessary
directions to the institution(s) under its jurisdiction and ensure
its implementation not later than six months from the date of
present judgment. A compliance report in this behalf be filed by
the Central Authority for Mental Health Service and the State
Authority for Mental Health Service of the concerned State, as
the case may be, in the Registry of this Court not later than eight
months. [Para 29] [855-G-H; 856-A-C)
2.12 The Secretary of the concerned Department of the
respective State/Union Territory shall be personally responsible
for monitoring and overseeing the progress and action taken by
the State Authority for Mental Health Service within its State.
Similarly, the Secretary of the Union oflndia of Health and Social
Welfare shall be personally responsible for monitoring and
overseeing the progress made by the Central Authority for Mental
Health Services and compliance of the directions in re_lation to
the establishments under the control of the Central Government.
[~ara 30] [856-D-E]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11938
H
of2016.
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS.
From the Judgment and Order dated 07.09.2012 of the High Court
of Delhi at New Delhi in W. P. (C) No. 8229 of 2011.
P. S. Patwalia, Ms. Pinky Anand, Maninder Singh, ASGs.,
Suryanarayana Singh, Sr. AAG, Vivek Tankha (A.C.), Colin Gonsalves,
Sr. Advs., D. Kumanan, Sachin Pujari, Ms. Shodhika Sharma, Ms. Olivia,
Ms. Jyoti Mendiratta, R. Balasubramanian, Amarjeet Singh, Prabhas
Bajaj, Santosh Kumar, Akshay Amritanshu, G. S. Makkar, Raj Bahadur,
M. K. Maroria, Ms. Saudamini Sharma, Mohan Prasad Gupta, P. K.
Dey, D. S. Mahra, Shreekant N. Terdal, R. Bala, Guntur Prabhakar,
Ms. Prerna Singh, C. D. Singh, Ms. Shashi Juneja, Aniruddha P. Mayee,
A. Selvin Raja, M. Yogesh Kanna, Ms. Nithya, B. Balaji, Tapesh Kr.
Singh, Mohd. Waquas, Aditya Pratap Singh, Pawan Upadhyay, Sarvjit
Pratap Singh, Ms. Sharmila Upadhyay, Siddharth Bhatnagar, Sidharth
Mohan, Nirnimesh Dube, Ms. Pragati Neekhra, Ms. Garima Bajaj, Anil
Shrivastav, Rituraj Biswas, Ms. 1-lemantika Wahi, Ms. Jesal Wahi,
Ms. Puja Singh, V. N. Raghupathy, Parikshit P. Angadi, Franklin Caesar
Thomas, Chand Qureshi, M. P. Siddiqui, Ms. Aruna Mathur, Yusuf Khan,
Avneesh Arputham, Anuradha Arputham, (for M/s. Arputham Aruna &
Co.), G. Prakash, Jishnu M. L., Ms. Priyanka Prakash, Ms. Beena
Prakash, Manu Srinath, Ramesh Babu M. R., Jayant Bhatt, Vi pin Kumar,
Ms. K. Enatoli Serna, Edward Belho, Amit Kumar Singh, K. Luikang
Michael, Sangram S. Saron, Shree Pal Singh, V. G. Pragasam, Prabu
Ramasubramanian, S. Udaya Kumar Sagar, Ms. Madhavi Divan,
Ms. Nidhi Khanna, Balasubramaniam, K. V. Jagdishvaran, Ms. G. Indira,
Gopal Singh, Manish Kumar, Ms. Varsha Poddar, Ranjan Mukherjee,
Devendra Singh, P. V. Yogeswaran, Mrs. D. Bharathi Reddy, Vishwa
Pal Singh, M/s. Corporate Law Group, Ms. Rajani Ohri Lal, Advs. for
the appearing parties.
The Judgment of the Court was delivered by
A. M. KHANWILKAR, J. I. Leave granted.
2. This appeal arises from the judgment of the High Court of
Delhi at New Delhi in W.P.(c) No.8229/2011 dated 7'h September 2012.
3. The appellants filed an intervention application in the High Court,
in a disposed of suo moto Writ Petition (Civil) No. 5621/2012. The
reliefs claimed in the application read thus:
"a. For an order calling for the records of the deaths that
have taken place in such homes and also for information
pertaining to the intake of juveniles and those released
since 2004-08.
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A
b. For an order directing the authorities to conduct an
impartial inquiry by constituting an independent
committee as per the provisions of the Acts regarding
the deaths that have taken place in observation homes
and submitting findings to this Hon'ble Comt.
B
c. For an order directing strong action against the duty
bearers, the concerned minister and the agencies
working in the area of child rights who have failed to
discharge their duties towards the children and
prosecute the officials who are responsible for the deaths
in various children homes.
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d. For an order issuing directions to the authorities to ensure
all necessary infrastructure and legal entitlements are
provided in the homes under the Juvenile Justice
regarding thl' rc·quirements for appropriate staffing,
food, medical c;ir.; and hygiene.
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e. For an order directing the Respondents to ward
compensation to the parents/guardians of those juveniles
who have died in various Children Homes due to lapse
or negligence of Home Authorities.
f. For an order constituting permanent committee consisting
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of representatives of persons working on child rights
and institutional care to supervise and monitor the
functioning of the child-care institutions withinjuvenile
justice administration system and to make periodic
reports.
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g. For an order requiring the Delhi Commission for
Protection of Child Rights to produce all inquiry reports
and findings with respect to Asha Ki ran.
h. For an order directing the C.B.I. to take over the
investigation and prosecution with respect to the
allegations as set out in this petition.
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i. Pass such other order or orders as this Hon'ble Court
may deem fit in the facts and circumstances of the
case."
4. This intervention application, however, was directed to be
de linked from the disposed of suo moto Writ Petition and to be registered
H as a fresh Writ Petition. Accordingly, the application was registered as
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS. (A . .M. KHANWILKAR, J.]
W.P.(Civil) No.8229/2011. The principal issue argued before the High
Court was about the pitiable and pathetic condition of Asha Kiran Home
(the sole Delhi Government run Home) for differently abled men, women
and children. Asha Kiran Home comprises of six institutions within a
complex of four buildings for mentally retarded children and adults. The
appellants highlighted the issues such as inadequate medical treatment,
medical services and access to Doctors, skewed ratio of staff to look
after the inmates, overcrowding, poor distribution and consumption of
dietary, clothing, bedding and other items and also about the abuses of
various kinds to the mentally challenged persons residing in the said
Home, in particular the female residents. The appellants essentially relied
on the media reports to buttress their plea about the pathetic condition
and the cruel treatment meted out at the hands of staff members in
Asha Kiran. When the matter progressed before the High Court, the
management of Asha Kiran agreed to consider the suggestions given by
the appellants and also to chalk out a holistic action plea to remedy the
deficiencies. They said that they were not treating the proceedings as
an adversarial litigation. The High Court, therefore, directed the parties
to convene a joint meeting and submit a proposal about the reforms
required in Asha Kiran, if any. The Government of Delhi, accordingly,
submitted a report about the action already taken and proposed to be
taken thereat. The High Court in the impugned decision adverted to the
contents of the said report, which reads thus:
"6. Mr. S.D. Salwan, learned Standing Counsel appearing
for the Govt. of NCT of Delhi, has placed on record the
Report on action taken/proposed to be taken, which are as
under:
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I) The existing Administrator has been phased out and the
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process of appointment of a new Administrator has been
initiated. The Government is appointing Dr. V.N.
Agarwal, former Medical Superintendent ofDr.Ambedkar
Hospital. He is MBBS, M.8.8.A, M.B.A, Health Care
Administration from FMS, Delhi University and has done
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a post graduate Certificate course in Hospital
Administration. Dr. Agarwal, himself being a medical
doctor and having held administrative position of one of
the largest Government hospitals would be totally
competent to work on improvement of essential services,
plight of inmates, and maintenance of infrastructure and
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day to day administrative work of Asha Kiran Home.
The Administrator with a background of a medico shall
be dedicated to reduce vulnerability of inmates;
prevention ofuntimely deaths; and runningofan effective
medical team at the institution and organize val~e added
medical services from the competent governnienJ
hospitals. One of the key purpose is to reduce deaths
and increase life span of the existing inmates of Asha
Kiran.
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II) The Government has appr<Jved formation of a strong
Governing Council comprising of eminent citizens and
experts (with core competencies in techniques of holistic
shelter and rehabilitation, gender, Human Rights and
Socio-Economic Empowerment of the most marginalized
sections) for the holistic and integrated development and
improvement of management and monitoring of the Asha
Kiran institution, as well as prompt and expeditious
implementation of all policies and recommendations of
Government appointed Committee and various other
statutory institutions, such as NHRC, NCPCR, DCPCR
etc. The process of setting up of the said Governing
Council will take at least 2 weeks.
III) Ms. Sreerupa Mitra Chaudhury, a prominent rehabilitation
social worker; a Member, Central Social Welfare Board;
Chairperson, Committee for Review ofNational Policy
for Empowerment of Women; Chairperson, Institute for
Gender Justice, Ex-National Advisor, National Legal
Services Authority; Ex-Member, Delhi Legal Services
Authority; Ex-Chief Coordinator, Rape Crisis
Intervention Centre of Delhi Police, Founder ofSudinalay
Shelter Homes for Homeless and Destitute Citizens
Living with Mental Disabilities and HIV I AIDS is being
nominated as the Chairperson of the said Governing
Council. She is a senior and respected representative of
the civil society who has dedicated her life forthe rescue,
rehabilitation, shelter and welfare of homeless citizens,
particularly, living with acute forms of mental disabilities.
While selecting the Chairperson of the Governing Council,
adequate care has been taken to choose a person of
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS. [A. M. KHANWILKAR, J.]
subject knowledge, integrity, dedication, commitment and
selfless humanitarian approach whose exposure of work
has ranged from Civil Society to State and Cei1tral
Government in various acclaimed capacity. The person
who has direct, hands-on experience of rescue, shelter
and rehabilitation of abandoned/most marginalised, poorest
of the poor sections of citizens living with various forms
of mental disabilities as well as vast experience of
formulation of policy initiatives at the highest level. In
several related matters, the Hon'ble Supreme Court and
High Courts have appointed her as advisor and member
of monitoring committees, technical committees, steering
committees and empowered committees to monitor
government policies and programs.
JV) The Governing Council will be fully empowered to take
decisions for improvement of the Asha Kiran Home in
every manner and taking all issues pertaining to the
welfare and upkeep ofresidents; their protection against
any forms of assault/or any coercion while they are at
this home, their health, habitat, education, living conditions,
medical care and treatment and personal grooming and
hygiene will be given maximum consideration.
V) The Governing Council under the Chairperson, will take
utmost care to de-congest the home; to rehabilitate and
restore the residents to their homes of families, or create
opportunities of foster care and mainstreaming in the
society or communities; will uphold the national and
international policies and UN covenants petiaining the
status of persons living with all forms of mental disabilities;
to nurture the environment of love, care and affection
for this section; and to re-affirm the concepts of dignity
and human rights; to initiate all such measures which
will ameliorate the existing pain and congestion; the typical
sense alienation and the symptoms of marginalization;
the said Governing Council will gather fresh energies,
resources and friends and volunteers from the civil society
and try to amalgamate all those to achieve a vision of an
integrated and holistic rehabilitation shelter home for the
most needy and marginalized. It will also initiate policy
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level dialogues and interdepartmental cooperation
modules to converge benefits of various schemes of
government and non-governmental organizations; re-write
the policy documents, rule books and manuals to cope up
with the cha! lenges of a modern and contemporary world
class institution. Efforts will be made to prepare individual
care and suppo1i sheet with micro level interventions, to
acquire dignity for each one of the resident. The
Governing Council will review the Budget and analyze
the present-day requirements and accordingly place
before the government for the rationalization. It will
explore setting up ofa Resident Welfare Fund to augment
and take care of the employment oppo1iunities for the
residents.
VI) The Governing Council shall be a decision-making body
and its decisions shall be considered the ultimate and
binding by the government for improvement of the
essential services as well as the plight of the inmates.
The Chairperson shall be competent to direct/guide/
control the implementation of policies and proposals and
shall be a face and a voice of the so far neglected
institution. The Administrator and the Superintendents
shall be responsible to assist the Governing Council and
the Chairperson to spearhead the proposed developmental
activities.
VII) The Government has approved proposed development
of a Terms of Reference for the functioning of the
Governing Council, which shall be read with a mandate
and a vision document.
VIII) The depa1iment had already proposed appointment of
94 House Aunties and appointments shall be made at the
earliest. After the appointments, proper training will be
imparted through the Panel of Expe1is whereby the newly
inducted House Aunties shall be sensitized on issues
pertaining to health, hygiene and medical care. The
Governing Council will promptly act to train the staff
members with the help of existing governmental and nongovernmental training institutions. Special attention will
be given to integrate the voluntary groups in training
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
ORS. (A. M. KHANWILKAR, J.]
programs.
IX) The government has already commissioned the activity
ofa new AshaKiran Building and the DSIIDC empanelled
Architect, Mr. Prabhat, involved in Half Way Home
construction have been taken on board to assist in
formulation ofa scientific construction plan, with national
and international rehabilitative standards. With regard
to infrastructural development, it is proposed to shift I 00
residents to a new location, i.e. Nirmal Chaya. The
complex of Asha Kiran will undergo radical changes.
Four new multistory cottages, having 3 floors, will be
constructed. Each cottage will house I 00 residents
thereby catering to 400 residents. Mr. Prabath, is very
well versed and acquainted with the requirement of the
residents of Asha Kiran will design the new cottages, in
consultation with the Governing Council as well as the
government appointed committee to ensure all necessary
inputs are made available for the benefits of the home.
It would be pertinent to state that earlier sanction has
been given to more than 15 times of Civil and other Works.
The sanctioned amount is about Rs. 5,50,00,000/-. This
would need further revision as additional floors are being
added in the four new cottages. Several rounds of
presentations and meetings have already taken place in
the last one year, to create an integrated and holistic space
for cluster homes and apartments for the beneficiaries
of Asha Kiran.
X) The list submitted by Applicants contains names of private
psychiatrists. Since, Dr. Nimesh Desai (Director,
IHBAS, the statutory regulatory institution for all forms
of mental disabilities) and Ms. Sreerupa Mitra Chaudhury
(a mental health activist and expert) are already part of
the Government appointed committee, some more
psychiatrists on board, is unnecessary inclusion.
XI) The women and child health specialists from nearby
Government hospitals are visiting the institution on regular
basis; therefore, adding names of some more is not
required.
XII) The government has instructed the Governing Council
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to constitute an Advisory Expert Group Panel for regular
advice, academic assistance, technical and knowledge
support and for creation of voluntary training
opportunities at the il)stitution and to makethem part of
a new action plan that shall be formulated soon by the
Governing Council. Thematter will be referred to the
Advisory panel of experts', which would also include the
first four persons suggested by the 'petitioners, viz. Ms.
Radhika Alkazi, Merry Barna, G Shyamala and Shanti
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Aulak. The Advisory panel of experts will provide
., technical advice and shall be knowledge partners of the
Governing Council. The Governing Council shall be
authorized to expand or empanel more and more experts
of proven expertise from various fields tci add value.
Xlll) Segregation of border line and mild cases from
moderate severe and profound category cases shall be·
done on war footing. ·Efforts will be made to absorb the
·Border and Mild category cases in the main stream by
sending them to regular schools, NGO Institutions and
incase ofadults, they wlJI be employed as 'peer mentor'
· to work upon the other residents. Remuneration would
be given to shch "peer mentors" at par with the.policy
under NREGA or any such scheme. Bank :!ccounts of
such mild to moderate residents will be opened whertjn
their salary-shall be deposited, for their use and benefit.
XIV) The Government is strengthening staff members by
providing'spec'ial training, workshops and sensitizing them
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residents (4 categories).··
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XV) The Government will prepare a curricuhim or co-opt
an already existing curriculum to train the House Aunties
and Staff of Asha Kiran and forth is, the Advisory Panel's
advise and technical input, in-house training and also
developing administrative acumen shali be taken. With is
exercise, the house aunties as well as the other staff will
get sensitized {o every aspect of care to be provided to
the residents. The advisory Panel will develop the
~u:riculum/conten.t for the technical course proposed for
prdfessional qualification of all house aunties and other
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REENA BANERJEE & ANR._v. GOVT. OF NCT OF DELHI &
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ORS. [A; M. -KHANWILKAR, J.]
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staff of Asha Kir~n home •. The ,'Sahyogi' program of
'-.-.:_ the National Trust, suitably modified by. the Advisory
Panel, will be implemented forthe new as well as existing
ho"lise aunties;. ·
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XVI) the department is contemplating ~ revised salary .
. structure with guarantee. of.minimum wages .to the .
personnels employed at Asha Kiran the unpaid .dues or.
the Staff shall be settled within 4-6 weeks. . .
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XVII) The neighbouring g~vernme~t hospitals- are peing
attached to Asha Klran for providing ongoing medical
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care in case the medical care centre situated within the
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complexis unable to cater to the ailment.The teai:n of·
psychiatrists, pediatricians, gynecologists and. general ,
physicians from these hospitals will pay regularand
routine duties for the' care of the residents. The entire
heaith record wiH b~ digit~lized for easy r~ferenc~ in ..
case of any emergency.
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XVJII)The Department is contemplating engagement of . ·
special educators for occasi~nal training and consultatLo~.
· XJX) With regard to inspection/supervision: an inspedii9~-.
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committee constituted under the Sei:tion35 of the J.J.Act
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!o\as wen as the committee uriderthe DCPCR and NCPCR' ..
·<are at liberty to perform the statutory obligations and
·. · ·. their reports<shallbe taken by' the department of social·
-- . wdfare as wenas'the·s!affof,ASha Kiran in the right· ..
""> direction.' .The Goveniinenthas also iequ·~sted the Govt ... ·
·appointed Committee and will can upi>ri the Governing •
. Council to undertake/conduct surprise visits to-the _ .
. . institution on odd hours 'and record the. activities and .
·_.· statemeriis of inmat~s .• · -; ;-:.\
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. XX) Forproper su..Veillance l\nd prevention of any imto\yard .
. ·:incident, ·ccTV system is bei!ig ;'in-stalled at important
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XXI) 26 ne\vJoill:tS are under construction in the home and.
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they'sl1~11 be:.niad~ fun~tionai· byJo:os;lo 12: :.:I'he · .. · .·
, ',: .• requiiemeni ofthe additional ~oi_lets' ~v~s' considered by ...
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, the depaf!ment in June-Jul)' 7Ql ! and th_: sarrie have been
;4uJy': im1Jlemente~; Jn· so .far a~· renpvation of existing
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infrastructure is concerned, including toilets, the process
was initiated in December 2010 and an amount of Rs.
2.50 crores has been spent.
XXII) The government is contemplating to make Asha Kiran
Home an autonomous body with a highly effective
Governing Council. The appointment of the governing
council at this stage by the government with Ms. Sreerupa
Mitra Chaudhury as the Chairperson is a step in the right
direction.
XXIII) The chairperson, backed by the Governing Council
and the Advisory Groups shall take decisions related to
amendments in policy of admission of new cases; and
re-location of the existing or new residents depending on
their merit, criterion, requirements etc.; as well as
restoration, re-integration, mainstreaming and
rehabilitation. A policy will be developed to assist the
homeless, people of the street and the poorest of the
poor who have no income. Consultative meetings and
inter-departmental dialogues shall be held to make space
for the poor and the most deserving. Maximum focus
will be laid on the access to the most marginalized. In
this connection, fresh intake modalities and rule books
shall be amended."
S. After adverting to the commitment made by the State
Government in the aforesaid report, the High Court opined that the
proposed action would go a long way in improving the condition of Asha
Kiran Home. On that basis, the High Court disposed of the matter by
expressing a hope that the Authorities concerned will implement the
proposed action within assured time frame. As regards the suggestions
given by the appellants in respect of the proposed action, the High Court
clarified that the Government Authorities may consider the same.
6. The appellants, however, have approached this Court by way
of present appeal under Article 136 of the Constitution of India. The
principal grievance of the appellants is that the High Court ought not to
have mechanically accepted the suggestions given by the State
Government in toto; and more particularly because the past experience
shows that the Authorities had never fulfilled their commitments made
before the High Court in previous Writ Petitions. Further, there was an
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REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI &
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imminent need to drastically improve the condition of Asha Kiran for
mentally challenged persons, keeping in mind the suggestions given by
the appellants before the High Court. The High Court ought to have
examined the suggestions presented in writing by the appellants. Besides
the appellants, by way of rejoinder affidavit filed in this Court, have
disputed the correctness of the factual position about the condition of
Asha Kiran Home.
7. The respondents 1 to 7 (State Government) have filed affidavit
in this Court on J 91h April, 2014, disclosing the factual information about
the action taken in furtherance of the proposal submitted to the Delhi
High Court and assured to take measures to provide better facilities to
the inmates and of improving the condition of Asha Kiran Home.