VISHNU DAYAL SHARMA AND OTHERS Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2010-5-191
HIGH COURT OF ALLAHABAD
Decided on May 24,2010

Vishnu Dayal Sharma and others Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

BALA KRISHNA NARAYANA, J. - (1.) AN affidavit was filed by Sri Sudip Singh, Advocate, on behalf of the intervenor Bhartiya Chetana Sansthan.
(2.) THIS affidavit points out that in the orphanage for infants at Allahabad, viz. the Rajkiya Bal Shishu Ghar the inmates are only getting an allowance of Rs.550/per month which was wholly inadequate for meeting their food and other needs. As we were informed that the District Magistrate, Allahabad had also sent a letter to the State government in this regard, we had directed the learned AGA to bring on record the said letter which has duly been placed before us today and is taken on record. The said letter dated 21.10.09 addressed to the Principal Secretary Handicapped Welfare, Principal Secretary Women and Child Development and Commissioner Allahabad pointed out that a very low allowance of only Rs.550/p.m. was being given in the Rajkiya Bal Grih Shishu, Shivkuti and again an inadequate amount of Rs.600 p.m. was being paid to the inmates at Rajkiya Bal Griha, Mumfordganj and Rajkiya Sampreshan Griha, Khuldabad, Rajkiya Sharanalaya and Praveshalaya, (Mahila) Bal Griha (Balak), Meerapur. These institutions are run by the Mahila Kalyan department. In the Mamta Vidyalaya, Ashok Nagar, Kaushal Vikas Kendra, and the Bachpan Day Care Centre, run by the Viklang Kalyan department the allowance is a little more, viz. Rs.850/per month per inmate. It was pointed out in the said letter by the D.M. that this amount was insufficient for providing the whole month's supply of food, clothes and other needs for the upkeep of the inmates. As this amount was even insufficient for meeting the food and milk needs of the children, hence a number of children were becoming victims of mal-nutrition. It was also highlighted in the letter that if human rights groups learnt about this situation they could create a problem for the government and also that as a welfare State it was the duty of the government to ensure the subsistence of these children and other inmates, and a recommendation for increasing the amount to at least Rs 1200 p.m. was made. We appreciate the humanitarian concern shown by the D.M. to address the plight of this extremely deprived section, who are completely dependent on the grace of the state for survival and are therefore in some ways even worse off than street children who may be able to scrounge for food as they are not kept confined in the four walls of the protective home. An affidavit has been filed today, on behalf of the Director Handicapped Welfare Government of U.P. This affidavit only mentions that in the Homes being run by the handicapped Welfare department the allowance is Rs.850/per month. Although this is not mentioned in the affidavit but the learned AGA stated that the State Government is considering enhancement of the amount of subsistence allowance per inmate. Looking to the nature of the situation and the escalation in prices of food and other items, we would like the State government to take an immediate decision on the D.M.s recommendation for enhancing the allowance to the institutions and homes and to inform the Court about the decision on the next date of listing.
(3.) WE also suggest that honest independent individuals and organizations should be involved in the process of overseeing the running of these orphanages and homes, so that it could be ensured that the sums earmarked for the inmates, as also the food and gifts that are given by philanthropic persons actually reach the intended beneficiaries and are not pilfered or misappropriated. Effective steps should also be taken for trying to send the children recovered or found to their homes at the earliest (as at the initial phases immediately after being found the child may be better able to remember and describe his address). With this end there should be better co-ordination between the police and Social Welfare departments, and the help of good NGOs and individuals working in this area could also be sought. Such effective co-ordination between the administrative and police authorities, would also facilitate orphan children being sent to good homes, in a legal manner, and prevent them from falling in the hands of exploiters or child traffickers. We would therefore like a response on the steps already taken or planned to be taken on the points mentioned in this paragraph from the concerned District level administrative and police authorities at Allahabad on the next listing.;


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