ISRANI, J. - (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. Mr. Kishan Motwani, Advocate, who was present in Court, submitted that same position exists at Ajmer also and prayed that similar relief be also granted to the persons, who are passing their nights under open sky at Ajmer. A direction was, therefore, given to Collector, Ajmer to take immediate steps to identify the areas, where such persons are living with the assistance of Mr. Motwani, who was willing to provide full help, in this matter. It was further directed that temporary shelters, by way of tents, wherever 'pucca' buildings are not available, be provided not only in Jaipur and Ajmer, but also at various other Districts in Rajasthan, where persons are forced by the circumstances to live on foot-path and pass their nights under the open sky, without having any warm clothes to cover themselves. It was also directed that in such temporary shelters, arrangements should be made to provide such persons with suitable beddings at night and also give publicity in respect of these arrangements, making it clear that these arrangements for accommodation etc. , during night, have been made free of charge. Several Advocates volunteered to go along with Mr. Salodiya, Director of Social Welfare Department, who Was present in Court, to distribute blankets provided by the Social Welfare Department to such persons, who were lying uncovered on the footpath in this biting cold. After some-time, a report was filed by the Social Welfare Department that 521 blankets and 196 pull-overs (for children) were distributed to needy persons, who were found sleeping, without any warm clothes, at nights, on foot-path, in the city of Jaipur. It may be stated that on hearing plight of these destitutes, several Voluntary Organisations, including some Lions Clubs of Jaipur City, came forward and distributed blankets, pull-overs and warm clothes to such families, who were passing their nights on foot-path. It is submitted by Mr. Paras Kuhad, learned counsel, that it is fundamental obligation of the State Government to provide for basic needs of the citizen, which includes adequate shelters and clothing for destitutes, who have to pass their nights on foot-path, without any shelter. It is further submitted that as a part of Housing Policy framed by the Government of India, it has been recommended by experts that night shelters should be constructed in various parts of country for benefit of destitutes and down-trodden passing their lives on pavements, for which Housing & Urban Development Corporation (HUDCO) will provide financial assistance to the State Government or other Local Authorities undertaking construction of such night shelters. It is also submitted that there is not a single night shelter in any part of the city of Jaipur. It is pointed out that two social workers - Dr. CM. Mathur, IFS (Retd.), Ex-Chief Conservator of Forest, Rajasthan and Mr. M. N. Bhardwaj, Ex-Secretary of Inter-State (Irrigation and Power) Control Board, corresponded with the State Government/chief Minister, on the same subject, for providing temporary shelters/night shelter huts for these persons, but with no effect. It is further pointed out that as is evident from Anx. 11, a photo-stat copy of news report, that on account of severe cold, the U. P. Government instructed the District Administration to distribute blankets and arrange bone-fires for the people to with-stand cold wave. Over Rs. 25 lacs were released for the above purpose. Rs. 40,000/- have been allocated for this purpose to each District Magistrate. The Local Bodies were also involved in this task and co-operation of the voluntary organisation was also taken. It is submitted by Mr. S. M. Mehta, learned Advocate-General, that the State is aware of the plight of these persons. It is also submitted that as a matter of policy, now, every year, temporary shelters have been created and shall continue to be created, during cold season, in various districts of Rajasthan. Beddings are provided to the persons, who come to pass their nights in such temporary shelters and no charge is taken from them. It is pointed out that soon after the writ petition was filed in this Court, telegraphic instructions, on the direction of the then Chief Minister, were issued to all Collectors to hold meetings with voluntary agencies and social organisations and to take steps for organising temporary shelters in tents or Dharmshalas to accommodate home-less destitute persons, who spend their nights in the open sky. These telegraphic instructions have been placed on record. It was further pointed out that two mobile vans, alongwith Doctors and medicines, were sent in the areas of Jaipur city, in which, assistance of Mr. M. N. Bhardwaj and Mr. B. L. Luhariya, Advocate was taken.
(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. It may be pointed out that the Government of India, Ministry of Urban Development, New Delhi has framed a scheme, known as "footpath Dwellers Night Shelters Scheme", which has been placed on record. Under this scheme, facility of loan from HUDCO has also been provided. Therefore, it was expected that the Government of Rajasthan will take appropriate steps to execute the scheme for benefit of night dwellers, which has not been done till today, even after the passage of 45 years of Independence. It is high time that permanent/temporary shelters are created not only in the city of Jaipur, but also in various other Districts, where there is crying need for the same. It is, therefore, directed that the Government of Rajasthan shall take steps within a period of four months to conduct a survey of foot- path dwellers in various districts of Rajasthan to assess their socio- economic need and identify suitable locations for construction of permanent and temporary Night Shelters. Such survey should cover aspects like occupation, house-hold composition, male, female and children living on pavements etc. It will be desirable to build a register of such persons and monitor their rehabilitation every next three years. A final scheme for permanent and temporary night shelters to be created at various districts in Rajasthan, including Jaipur, shall be prepared within a period of two months, after conducting the survey. There should be at least one permanent night shelter in every district, but more may be constructed at places like Jaipur, keeping in view the population and need for the same. In permanent night shelters, provisions for 'durry, blankets in cold season, fans, T. V. , coolers during summer season, common bath, drinking water and lockers shall be made. The provision for latrine should also be made near by such night shelters, with the help of Sulabh International or otherwise. Open space for parking of rickshaws and hand-carts etc. should be provided nearby night shelters. Till permanent night shelters are constructed, temporary night shelters shall continue to be created at various places in Jaipur and other districts, wherever the Government may find need for the same. Night Shelters should be covered by mobile health teams to look after the health of ailing persons, women and children. If feasible, Health Care Room-cum- Dispensary may be provided in permanent night shelters. In view of acute shortage of space in crowded locality and till permanent night shelters are built, the possibility of utilising existing rooms, space inside compound walls of institutions, like schools, dispensary etc. , which are utilised only during the day times and remain vacant at night, may also be explored to give relief to the pavement dwellers. It is also directed that every year, in the Budget, the State shall make allocation for construction and construct at least one night shelter in one district of Rajasthan every year. ;