Reforms in Beggars’ Homes – Constitution of India – Art.21 – Right to dignity, health, shelter, privacy and humane treatment – Present case arose out of a grave and unfortunate incident at the Beggars’ Home, Lampur (Narela), New Delhi where contamination of the drinking and cooking water with coliform bacteria resulted in an outbreak of cholera and gastroenteritis among the inmates leading to multiple deaths and widespread illness, exposing serious lapses in sanitation, hygiene, and healthcare facilities within the institution – Appellant filed PIL, disposed of by High Court vide order dtd.15.10.2001 directing the respondents inter alia to complete the measures for making the Homes more habitable, in line with the recommendations of the fact-finding committee – Appellant filed application seeking implementation thereof – High Court without going into the merits or passing a reasoned order, merely disposed of the application, granting liberty to the appellant to approach the appropriate forum if still aggrieved – Challenge to: Held: 1.1 Since the inception of the present proceedings, series of directions were issued from time to time for improving the conditions prevailing in Beggars’ Homes – Directions by and large complied by the concerned authorities, resulting in tangible improvement in infrastructure, health facilities, diet, sanitation, and the overall living conditions of the inmates – Thus, respondents have duly complied with the order of the High Court dtd.15.10.2001 in its entirety. [Paras 22, 22.18]
1.2 States and Union Territories need to institutionalise similar reforms in Beggars’ Homes and analogous institutions under their control, so that the constitutional guarantee of life with dignity is meaningfully secured for this most vulnerable section of society. [Para 23]
1.3 Comprehensive directions issued in respect of all Beggars’ Homes across the country including the subject institutions, w.r.t Preventive Healthcare and Sanitation; Infrastructure and capacity; Nutrition and Food Safety; Vocational Training and Rehabilitation; Legal Aid and Awareness; Child and Gender Sensitivity; Accountability and Oversight; Implementation and Compliance – Directions to be implemented within six months from the date of this judgment – Ministry of Social Justice and Empowerment to frame and notify model guidelines, within three months, to facilitate uniform implementation of the aforesaid directions across all States and Union Territories – Copy of this judgment to be circulated to the Chief Secretaries of all States and Union Territories, Secretary, Ministry of Social Justice and Empowerment, Government of India, for strict compliance – Social justice – Directions by Supreme Court. [Paras 23, 23.1, 23.2]
Constitution of India – Art.21 – Directive Principles of State Policy – Arts.38, 39(e), 41, 47 – State’s duty towards indigent persons, affirmative and non-derogable – Need for judicial intervention, why – Failure to ensure humane conditions in beggars’ homes is a constitutional breach of the fundamental right to life with dignity, thereby inviting judicial intervention – Treatment of the indigent persons historically vis-à-vis Indian Constitutional framework post 1950 – Role of Beggars’ Homes – Social justice. [Paras 16-16.7]
Bombay Prevention of Begging Act, 1959, as extended to the National Capital Territory of Delhi – Scope, ambit and purpose. [Paras 17, 17.3-17.5]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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