- (1.) WE have heard Sri Vimlendu Tripathi, learned A.G.A. and Ms. Manju R. Chauhan, learned Amicus Curiae. As we were not satisfied with the affidavit dated 14.5.2012 filed by the Director, Women Welfare, Lucknow, pursuant to our detailed order dated 28.3.2012, we had called for a fresh affidavit mentioning better details by our order dated 10.7.2012. Thereafter, another affidavit dated 23.1.2013 sworn by the Assistant Director, Women Welfare on behalf of the answering respondents, Principal Secretary Women and Child Development and Director Women Welfare, U.P. has been filed.
(2.) AT the very outset, we have to point out that we are still not fully satisfied with the affidavit dated 23.1.2013 filed by the answering respondents. Whilst reiterating our appreciation that after the intervention of this Court, as many as 682 inmates were rehabilitated by restoration to their parents, husbands or by getting employment or by marriage or otherwise, we would like to point out that satisfactory answers to some of our other specific queries in the order dated 28.3.2012 have not been given. It has still not been clarified as to what are the laws and government orders under which the ten Women's Protection/ Shelter Homes at Allahabad, Kanpur, Moradabad, Meerut, Etawah, Lucknow, Mathura, Bareilly, Gorakhpur and Faizabad, are being run. However pursuant to our orders dated 28.3.2012 and 10.7.2012 Guidelines for running Women's Protection/Shelter homes have been issued by the Special Secretary, Department of Women's Welfare, Child Development and Nutrition on 19.8.2012. It is further pointed out that pursuant to these guidelines whereas there were 486 inmates against a capacity of 475 inmates for all the women's protection homes in U.P., as on 19.8.2012. Their numbers have now been reduced to 330, as additionally 142 women inmates have been released to their guardians, and 14 women have been rehabilitated by getting them jobs, or self employment, or they have been married off or transferred to other homes. The 19.8.2012 guidelines mention that for providing shelter to women under risk of moral or physical danger, women in difficult circumstances, vagrant women or victims of domestic violence, (covered under the Women's Protection from Domestic Violence Act 2005) Government Women's Protection Homes have been created. These shelter homes are not covered by any statute. Pending framing of Rules which are under consideration, the guidelines are to apply to such women.
(3.) THE guidelines mention that the cases of rescued females below 18 years are to be covered by the Juvenile Justice Care and Protection Act, 2000 as amended in 2006 and orders for their custody are to be passed by the Child Welfare Committees (CWCs)/ Magistrates. After entry to the government women's shelter homes such women are to be transferred to homes in areas where the CWCs/ Magistrates have jurisdiction in their matters. Women detained in the Government Shelter Homes as well as their children up to 7 years are to be given free food, clothing, bedding and medicines for meeting their essential needs. Newly admitted women into the homes are to be medically examined.;