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SYNOPSIS
The Petitioner is filing the instant writ petition in public interest under Article
32 of the Constitution of India seeking enforcement of fundamental right to
health and life under Article 21 of the Constitution of the residents of the
Nari Niketans/Woman Shelter homes across the country. The Petition seeks
order or directions in the nature of mandamus to the respondents to take
steps to prevent the spread of the Covid 19 in these Nari Niketan across the
country and extend the order dated 03-04-2020 as passed by this Hon’ble
court in Suo Motu Writ Petition (C) No. 4 of 2020 in Re: Contagion of Covid
19 Virus in Children Protection Homes to the Nari Niketans across the
country including directions to the respondents to take various preventive
and responsive measures for the safety of residents in the Nari
Niketan/Woman shelter homes; and issue a writ, order or direction to
release the major girls forthwith who are staying in the Nari
Niketan/Woman Shelter Homes etc involuntarily.
The deadly and extremely contagious Corona Virus / COVID 19 outbreak
has triggered a global pandemic and panic. That the number of COVID 19
patients are increasing across the country. Most of these Nari
Niketans/Woman Shelter Homes are over crowded and the residents live in
sub standard and un hygienic conditions. The health and wellbeing of the
residents of Nari Niketans/Woman Homes etc are in jeopardy. There is an
immediate need to take steps to prevent the contagion of COVID 19 in Nari
Niketans/Woman Homes etc across the country.
This Hon’ble Court in Suo Motu Writ Petition (C) No. 4 of 2020 in Re:
Contagion of Covid 19 Virus in Children Protection Homes has passed a
series of directions including various preventive and responsive measures
for the protection and safety of children at various child care institutions
under the Juvenile Justice Act. However, the direction does not cover Nari
Niketans that are run by various State Governments.
The Nari Niketan/Woman Homes are run by the State Government and
Union Territory through its department of Women and Child Development/
Social Welfare. The Nari Niketan/Woman Homes are governed by the
Swadhar Greh Guidelines framed by the Central Government and various
guidelines/orders issued by the various State Governments from time to
time. These homes are not governed by the Juvenile Justice Act, 2015.
OVER CROWDING AND POOR LIVING CONDITION IN NARI
NIKETANS
The living condition of the Nari Niketan/Woman Homes is deplorable. The
unhygienic living condition and poor health makes them most vulnerable to
the pandemic COVID 19. The Hon’ble High Court of Uttarakhand at Nainital
in the matter of Shivangi Gangwar Vs. State of Uttarakhand, & Ors W.P.
(PIL) No. 07 of 2016 in its order dated 23-05-2018 had observed that the
condition of the Nari Niketans in Uttarakhand was deplorable. No
arrangements have been made for the return of inmates to their homes. It
was also observed that there were no medical facility at Nari Niketans. The
incident of rape, sexual assault etc was also raised in the matter. A detailed
order and direction in this regard and with regard to other issues was
passed by the Hon’ble High Court of Uttarakhand at Nainital through
judgment dated 23-05-2018.
The Nari Niketans/Woman Homes etc across the country are over crowded.
It was reported in the news paper that the occupancy rate in few of the
Nari Niketans/Woman Homes etc have increased more than 200% of the
total capacity resulting in massive over crowding. The over crowding in Nari
Niketans/Woman Homes etc will make it difficult for the inmates to maintain
social distancing. It is submitted that like most of the viral diseases, the
susceptibility of COVID 19 is greater in over-crowded places, mass
gatherings, etc. Few studies on COVID 19 indicates that contagious viruses
such as COVID 19 proliferate in closed and over crowded spaces.
ADULT WOMEN DETAINED IN NARI NIKETAN/WOMAN SHELTER
HOMES WITHOUT CONSENT
The girl under the age of 18 years who are married by their own choice are
kept in the Nari Niketans across the country even after attaining majority.
The lodgment of girls even after attaining majority is in complete violation
of their rights guaranteed under the Constitution. Such lapse on the part of
the State Government is also resulting in over crowding of the Nari
Niketans/Woman Homes across the country. The Girls who have attained
majority should be released from the Nari Niketans/Woman Homes
forthwith to prevent over crowding. The Hon’ble High Court of Uttar
Pradesh while hearing the matter in Habeas Corpus No. 594 of 2012
through its order dated 15-01-2013 observed that large number of major
girls are living in Women Protection home involuntarily. Considering the
gravity of the circumstances the Hon’ble High Court was pleased to
constitute a four members committee (Three Legal Aid Panel Counsel and
Director Child Line) to visit the Government Protection Home, Lucknow and
record the wishes of all the inmates apart from their marital, physical,
mental status and age. The Hon’ble High Court of U.P. At Lucknow through
its order dated 21-02-2013 in a matter bearing Habeas Corpus No. 594 of
2012 observed that many majors girl were still detained in the Nari Niketan
against their will. The Hon’ble Court considering the gravity of the situation
constituted a committee of three women advocates and Director, Child Line,
Lucknow and further directed the committee to submit report about the
inmates lodged in such Homes. Considering the report submitted by the
committee, the Hon’ble High Court of U.P. at Lucknow was pleased to
release the major girls staying at several Nari Niketan and Woman Homes
etc. Similar orders for releasing the adult women was passed by the Hon’ble
High Court of Judicature at Patna.
COVID 19- DIRECTIONS BY THIS HON’BLE COURT TO PREVENT
THE SPREAD OF PANDEMIC IN CHILD CARE INSTITUTIONS AND
PRISONS
This Hon’ble Court through its order dated 03-04-2020 in Suo Motu Writ
Petition (C) No. 4 of 2020 in Re: Contagion of COVID 19 Virus in Children
Protection Homes was pleased to pass series of directions to the concerned
authorities for prevention of the spread of COVID 19 in child protection
homes and foster homes where children are lodged as per the Juvenile
Justice Act 2015. It is submitted that several directions were passed for the
Child Welfare Committees (CWCs), Juvenile Justice Bards (JJBs) and
Children Court. Directions were also passed to the State Government and
Child Care Institutes to prevent the contagion of COVID 19. It is further
submitted that this Hon’ble Court through its order dated 23-03-2020 was
pleased to issue guidelines to avoid contagion of COVID 19 in Prisons across
India. This Hon’ble Court further directed that the States and U.Ts shall
constitute a High powered committee to determine which class of prisoners
can be released on parole or an interim bail for such period as may be
thought appropriate by the committee.
It is pertinent to point out that Nari Niketans/Woman Homes are the
institutions are not covered under the Juvenile Justice Act, 2015. In view of
the above similar directions as passed in SMWP (C) 4 of 2020, SMWP (C) 1
of 2020 should be passed by this Hon’ble Court for welfare of the inmates
of Nari Niketan/Woman Homes.
The inmates in Nari Niketan/Woman Homes etc across are fearing for their
life. It is imperative that the inmates and employees of Nari
Niketans/Woman Homes be provided with adequate facilities to avoid the
contagion of COVID 19 and necessary direction as sought by the Petitioner
is passed.
Hence this Writ Petition.
IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL JURISDICTION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
WRIT PETITION (CIVIL) No._________ OF 2020
IN THE MATTER OF:
MEMO OF PARTIES
1. RISHAD MURTAZA, S/O. DR. MANSOOR MURTAZA, R/O.
VINEET KHAND, GOMTINAGAR, LUCKNOW – 226010, U.P
…PETITIONER
VERSUS
1. UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF
SOCIAL WELFARE, CENTRAL SECRETARIAT , NEW DELHI-
110001
… RESPONDENT
NO.1
2. U.T. OF ANDAMAN & NICOBAR ISLANDS, SECRETARIAT
BUILDING, PORT BLAIR - 744101
… RESPONDENT
NO.2
3. STATE OF ANDHRA PRADESH, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT OFFICE,
VELAGAPUDI – 500074
… RESPONDENT
NO.3
4. STATE OF ARUNACHAL PRADESH, THROUGH ITS
SECRETARY, DEPARTMENT OF SOCIAL WELFARE,
SECRETARIAT, CONA, ITANAGAR - 791111
… RESPONDENT
NO.4
5. STATE OF ASSAM, THROUGH ITS SECRETARY, DEPARTMENT
OF SOCIAL WELFARE, SECRETARIAT, DISPUR, GUWAHATI,
ASSAM - 781006
… RESPONDENT
NO.5
6. STATE OF BIHAR, THROUGH ITS SECRETARY, DEPARTMENT
OF SOCIAL WELFARE, OLD SECRETARIAT, PATNA - 800001
… RESPONDENT
NO.6
7. U.T. OF CHANDIGARH, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, U.T. SECRETARIAT,
… RESPONDENT
SECTOR – 1 CHANDIGARH – 160001 NO.7
8. STATE OF CHATTISGARH, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, DKS BHAWAN,
MANTRALAYA, RAIPUR - 492001
… RESPONDENT
NO.8
9. U.T. OF DAMAN & DIU, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT
BUILDING , DAMAN - 396210
… RESPONDENT
NO.9
10. N.C.T. OF DELHI, THROUGH ITS SECRETARY, DEPARTMENT
OF SOCIAL WELFARE, BALMIKI BASTI, VIKRAM NAGAR, NEW
DELHI - 110002
… RESPONDENT
NO.10
11. U.T. OF DADRA & NAGAR HAVELI, THROUGH ITS
SECRETARY, DEPARTMENT OF SOCIAL WELFARE, BLOCK – 4,
PWD OFFICE CAMPUS, SILVASA - 396230
… RESPONDENT
NO.11
12. STATE OF GOA, THROUGH ITS SECRETARY, DEPARTMENT
OF SOCIAL WELFARE, SECRETARIAT BUILDING, NORTH GOA
- 403521
… RESPONDENT
NO.12
13. STATE OF GUJARAT, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, CANTONMENT,
JAHANGIRPURA, ASARWA, AHMEDABAD - 380016
… RESPONDENT
NO.13
14. STATE OF HARYANA, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, LIC JEEVAN DEEP
BUILDING, SECTOR 17A, CHANDIGARH - 160017
… RESPONDENT
NO.14
15. STATE OF HIMACHAL PRADESH, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT,
CIRCULAR ROAD, CHOTA SHIMLA, SHIMLA - 171002
… RESPONDENT
NO.15
16. U.T. OF JAMMU AND KASHMIR, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, CIVIL SECRETARIAT,
… RESPONDENT
JAMMU - 180001 NO.16
17. STATE OF JHARKHAND, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, SACHIVALYA, KUSAI,
RANCHI - 834001
… RESPONDENT
NO.17
18. STATE OF KARNATAKA, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, CORPORATION CIR,
CUBBONPETE, NAGARATHPETE, BENGALURU - 560002
… RESPONDENT
NO.18
19. STATE OF KERALA, THROUGH ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, CENTRAL STADIUM, MAHATHMA GANDHI ROAD, NEAR, JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695001
… RESPONDENT
NO.19
20. U.T. OF LADAKH, THROUGH ITS SECRETARY, DEPARTMENT
OF SOCIAL WELFARE, CIVIL SECRETARIAT, LEH - 194104
… RESPONDENT
NO.20
21. STATE OF MADHYA PRADESH, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, ARERA HILLS, BHOPAL -
462004
… RESPONDENT
NO.21
22. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, KARMAVEER BHAURAO PATIL MARG, MANTRALAYA, FORT, MUMBAI, MAHARASHTRA - 400032
… RESPONDENT
NO.22
23. STATE OF MANIPUR, THROUGH ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, INDO-MYANMAR RD, SANAKHWA YAIMA KOLLUP, IMPHAL, MANIPUR 795001
… RESPONDENT
NO.23
24. STATE OF MEGHALAYA, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT HILLS,
SHILLONG - 793001
… RESPONDENT
NO.24
25. STATE OF MIZORAM, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, NEW CAPITAL COMPLEX
… RESPONDENT
NO.25
ROAD, KHATLA, AIZWAL, MIZORAM - 796001
26. STATE OF NAGALAND, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, NEW SECRETARIAT
ROAD, NAGALAND - 797004
… RESPONDENT
NO.26
27. STATE OF ODISHA, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, SACHIVALYA MARG,
UNIT – 2, KESHARI NAGAR, BHUBANESWAR - 751001
… RESPONDENT
NO.27
28. STATE OF PUDUCHERRY, THROUGH ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOUBERT AVENUE, BEACH RD, WHITE TOWN, PUDUCHERRY, 605001
… RESPONDENT
NO.28
29. STATE OF PUNJAB, THROUGH ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, 5TH FLOOR, UTTAR MARG, CAPITOL COMPLEX, SECTOR 1, CHANDIGARH, 160001
… RESPONDENT
NO.29
30. STATE OF RAJASTHAN, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT
SECRETARIAT COMPLEX, BHAGWAN DAS RD, C SCHEME,
ASHOK NAGAR, JAIPUR, RAJASTHAN 302001
… RESPONDENT
NO.30
31. STATE OF SIKKIM, THROUGH ITS SECRETARY, DEPARTMENT
OF SOCIAL WELFARE, JEEWAN THEENG MARG, UPPER
SICHEY, ARITHANG, GANGTOK, SIKKIM 737101
… RESPONDENT
NO.31
32. STATE OF TAMIL NADU, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, FORT ST GEORGE
FLYOVER BRIDGE, SECRETARIAT COLONY, PARK TOWN,
CHENNAI, TAMIL NADU 600003
… RESPONDENT
NO.32
33. STATE OF TELANGANA, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, TANKBUND, BASHEER
BAGH NEAR NTR GARDENS, OPPOSITE LUMBINI PARK,
… RESPONDENT
NO.33
TELANGANA 500022
34. STATE OF TRIPURA, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, KHEJURBAGAN,
AGARTALA, TRIPURA – 799010
… RESPONDENT
NO.34
35. STATE OF UTTAR PRADESH, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, BAPU BHAWAN, THE
MALL AVENUE, LUCKNOW, UTTAR PRADESH 226027
… RESPONDENT
NO.35
36. STATE OF UTTRAKHAND, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, NEW BUILDING,
UTTARANCHAL SECRETARIAT, FOURTH, 4, SUBHASH RD,
DEHRADUN, UTTARAKHAND 248001
… RESPONDENT
NO.36
37. STATE OF WEST BENGAL, THROUGH ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE, 1, KIRAN SHANKAR RAY
RD, B.B.D. BAGH, KOLKATA, WEST BENGAL 700001
… RESPONDENT
NO.37
WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA FOR THE ENFORCEMENT OF FUNDAMENTAL
RIGHTS UNDER ARTICLE 14 AND ARTICLE 21 OF THE RESIDENTS OF NARI
NIKETAN AND SEEKING ISSUANCE OF A WRIT, ORDER OR DIRECTIONS
IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO TAKE STEPS
TO PREVENT THE SPREAD OF THE COVID 19 IN THESE NARI NIKETAN
ACROSS THE COUNTRY AND EXTEND THE ORDER DATED 03-04-2020 AS
PASSED BY THIS HON’BLE COURT IN SUO MOTU WRIT PETITION (C) NO.
4 OF 2020 IN RE: CONTAGION OF COVID 19 VIRUS IN CHILDREN
PROTECTION HOMES TO THE NARI NIKETANS ACROSS THE COUNTRY
INCLUDING DIRECTIONS TO THE RESPONDENTS TO TAKE VARIOUS
PREVENTIVE AND RESPONSIVE MEASURES FOR THE SAFETY OF
RESIDENTS IN THE NARI NIKETAN/WOMAN SHELTER HOMES; AND ISSUE
A WRIT, ORDER OR DIRECTION TO RELEASE THE MAJOR GIRLS
FORTHWITH WHO ARE STAYING IN THE NARI NIKETAN/WOMAN SHELTER
HOMES ETC INVOLUNTARILY.
TO, THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED
MOST RESPECTFULLY SHOWETH:
1. The Petitioner is filing the instant writ petition in public interest under
Article 32 of the Constitution of India seeking enforcement of
fundamental right to health and life under Article 21 of the
Constitution of the residents of the Nari Niketans/Woman Shelter
homes across the country. The Petition seeks order or directions in
the nature of mandamus to the respondents to take steps to prevent
the spread of the COVID 19 in these Nari Niketan across the country
and extend the order dated 03-04-2020 as passed by this Hon’ble
court in Suo Motu Writ Petition (C) No. 4 of 2020 in Re: Contagion of
COVID 19 Virus in Children Protection Homes to the Nari Niketans
across the country including directions to the respondents to take
various preventive and responsive measures for the safety of
residents in the Nari Niketan/Woman shelter homes; and issue a writ,
order or direction to release the major girls forthwith who are staying
in the Nari Niketan/Woman Shelter Homes etc involuntarily.
2. The present Petition has been filed by “Rishad Murtaza” an advocate
practicing before the High Court of Uttar Pradesh since 1999. The
Petitioner has been a Government Advocate /Public Prosecutor for the
State of Uttar Pradesh at the High Court in the year 2012-2016. He
has practiced extensively on the criminal side and human rights law.
The Petitioner has worked with various human rights organizations in
the field of Child Rights, human trafficking, prison reforms, Gender
Equality. The petitioner has authored several books and articles and is
currently the editor of Supreme Court Cases Criminal rulings. The
Petitioner has previously represented The State of U.P. in the matters
relating to the release of girls who had attained majority and were
lodged inside Nari Niketan/Woman Homes in Uttar Pradesh.
2.1 The Petitioner is filing this Writ Petition as a Public Interest
Litigation (PIL). The Petitioner humbly submits that it has no
personal interest, individual gain, oblique motive for filing the
present PIL. The Petitioner is not involved in any litigation,
which has or could have any nexus whatsoever with the issues
involved in the present matter.
2.2 The Petitioners has not filed any Writ Petition before this
Hon’ble Court seeking similar relief.
2.3 The complete name and complete postal address has been
given in the memo of parties. The contact number of the
Petitioner is +91 9415015833. The email address of the
Petitioner is [email protected]. The Aadhar No. of the
Petitioner is 2415007133627 and his PAN is AGGPM9771J.
2.4 The Respondent No.1 is the Union of India through Its
Secretary, Ministry of Social Welfare and Respondent No. 2 to
Respondent No. 37 are the State Governments and Union
Territories represented through their Secretary, Social Welfare
Department that are necessary party for adjudication of the
present Writ Petition.
3. That the deadly and extremely contagious Corona Virus / COVID 19
outbreak has triggered a global pandemic and panic. That the
number of COVID 19 patients are increasing across the country. Most
of these Nari Niketans/Woman Shelter Homes are over crowded and
the residents live in sub standard and un hygienic conditions. The
health and wellbeing of the residents of Nari Niketans/Woman Homes
etc are in jeopardy. There is an immediate need to take steps to
prevent the contagion of COVID 19 in Nari Niketans/Woman Homes
etc across the country.
4. This Hon’ble Court in Suo Motu Writ Petition (C) No. 4 of 2020 in Re:
Contagion of Covid 19 Virus in Children Protection Homes has passed
a series of directions including various preventive and responsive
measures for the protection and safety of children at various child
care institutions under the Juvenile Justice Act. However, the
direction does not cover Nari Niketans that are run by various State
Governments.
FACTUAL BACKGROUND
5. The Nari Niketan/Woman Homes are run by the State Government
and Union Territory through its department of Women and Child
Development/ Social Welfare. The Nari Niketan/Woman Homes are
governed by the Swadhar Greh Guidelines framed by the Central
Government and various guidelines/orders issued by the various State
Governments from time to time. These homes are not governed by
the Juvenile Justice Act, 2015.
6. That the Ministry of Women and Child Development, Govt. of
India implemented the Swadhar Scheme to recognize the need to
prevent the women from exploitation and to support their survival
and rehabilitation. The Scheme envisages providing shelter, food,
clothing and health as well as economic and social security for these
women. This Scheme is implemented as a Centrally Sponsored
Scheme through States at 60:40 cost sharing ratio except in case of
North Eastern State, Uttarakhand, Himachal Pradesh and Jammu and
Kashmir where the share of Centre and State will be in the ratio of
90:10. In the case of UTs, the Government will provide 100%
assistance.
7. The following women are beneficiaries under the Swadhar scheme:-
a) Women who are deserted and are without any social and
economic support;
b) Women survivors of natural disasters who have been rendered
homeless and are without any social and economic support;
c) Women prisoners released from jail and are without family, social
and economic support;
d) Women victims of domestic violence, family tension or discord,
who are made to leave their homes without any means of subsistence
and have no special protection from exploitation and/ or facing
litigation on account of marital disputes; and
e) Trafficked women/girls rescued or runaway from brothels or other
places where they face exploitation and Women affected by HIV/AIDS
who do not have any social or economic support.
The scheme further suggests that women affected by domestic
violence could stay up to one year. For other categories of women,
the maximum period of stay could be up to 3 years. The older women
above the 55 years of age may be accommodated for maximum
period of 5 years after which they will have to be shifted to old age
homes or similar institutions.
8. The scheme also provides provision for extension of benefits to the
children (Girl child upto age of 18 years and boy upto age of 8 years)
accompanying women in the above categories.
9. That as per media reports there are nearly 600 Nari Niketan/Woman
Homes etc across India.
OVER CROWDING AND POOR LIVING CONDITION IN NARI
NIKETANS
10. Most of these Nari Niketans/Women Shelter Homes are over
crowded. The spread of Covid 19 pandemic imposes a serious threat
to the health of the residents of these Nari Niketan, most of whom
are living in sub standard and poor condition.
11. That the Hon’ble High Court of Uttarakhand at Nainital in the
matter of Shivangi Gangwar Vs. State of Uttarakhand, & Ors W.P.
(PIL) No. 07 of 2016 in its order dated 23-05-2018 had observed that
the condition of the Nari Niketans in Uttarakhand was deplorable. No
arrangements have been made for the return of inmates to their
homes. It was also observed that there were no medical facility at
Nari Niketans. The incident of rape, sexual assault etc was also raised
in the matter. A detailed order and direction in this regard and with
regard to other issues was passed by the Hon’ble High Court of
Uttarakhand at Nainital through judgment dated 23-05-2018.
A True copy of Judgment dated 23-05-2018 passed by the Hon’ble
High Court of Uttarakhand at Nainital in the matter of Shivangi
Gangwar Vs. State of Uttarakhand, & Ors W.P. (PIL) No. 07 of 2016 is
annexed herewith as ANNEXURE P-1 (@Page No. _____ to
_____).
12. That the Nari Niketans/Woman Homes etc across the Country
are over crowded. It was reported in the one of the newspaper that
against the capacity of 25 inmates a total of 74 inmates including the
mentally challenged inmates are staying at the Nari Niketans/Woman
homes etc in the State of Haryana.
A True Copy of the News Report dated 28-06-2013 published by
Hindustan Times (Web Link:
https://www.hindustantimes.com/india/nari-niketan-to-have-more-
rooms/story-Ynp7r4C9JpG22otmS2uoaP.html) is annexed herewith
as ANNEXURE P-2 (@Page No. _____ to _____).
The Times of India on 06-11-2014 reported that the 5 inmates at Nari
Niketan, Barailey died because of Tuberculosis. The reason for such
death and illness is because of dampness, squalor and overcrowding
in the home. It was further reported that more than 135 inmates are
staying at the Nari Niketan having strength of 25 inmates.
A True Copy of the News Report dated 06-11-2014 published by the
Times of India (Web Link:
https://timesofindia.indiatimes.com/city/bareilly/Four-more-nari-
niketan-inmates-suffering-from-TB/articleshow/45061051.cms) is
annexed herewith as ANNEXURE P-3 (@Page No. _____ to
_____).
It is submitted that a newspaper had on 30-12-2014 reported
regarding the overcrowding at Nari Niketan in Dehradun. It was
reported that five inmates died in the Nari Niketan because of the
poor living condition. It was further reported a total of 112 inmates
are staying at Nari Niketan against the capacity of 60.
A True Copy of the News Report dated 30-12-2014 published by The
Pioneer (Web Link: https://www.dailypioneer.com/2014/state-
editions/another-nari-niketan-death-raises-eyebrows.html) is annexed
herewith as ANNEXURE P-4 (@Page No. _____ to _____).
A newspaper on 05-10-2016 had reported that the Nari Niketan,
Karnal is over crowded. The Nari Niketan, Karnal has more than 60
inmates against its sanctioned strength of 50.
A True copy of the New Report dated 05-10-2016 published by the
Tribune (Web Link:
https://www.tribuneindia.com/news/archive/features/2-women-
escape-from-karnal-s-nari-niketan-inquiry-ordered-304943) is
annexed herewith as ANNEXURE P-5 (@Page No. _____ to
_____).
Another newspaper namely Time of India on 07-01-2020 had
reported that the Government Shelter Home, Barailey is over
crowded. It was reported that a total of 207 inmates are currently
staying at the Shelter Home against the capacity of 125 women. It
was further reported that out of 125 seats, 100 are reserved for
mentally ill patients.
A True copy of the News Report dated 07-01-2020 published by the
Times of India (Web Link:
https://timesofindia.indiatimes.com/city/bareilly/no-psychologist-for-
mentally-ill-patients-at-bareilly-womens-shelter-home-since-
2005/articleshow/73129026.cms) is annexed herewith as
ANNEXURE P-6 (@Page No. _____ to _____).
A leading news daily highlighed the Poor Plight of women in Delhi
Women shelter homes.
A True copy of the News Report dated 23-01-2017 published by the
Livemint (Web Link:
https://www.livemint.com/Opinion/8gzUUsKNcurehbd22yg32K/The-
plight-of-lost-souls-in-homeless-women-shelters.html) is annexed
herewith as ANNEXURE P-7 (@Page No. _____ to _____).
Another newspaper article quotes a report by Delhi Comission of
Women on the poor hygiene of women homes in Delhi.
A true copy of the News Report dated 15-09-2015 published by the
Tribune India (Web Link:
https://www.tribuneindia.com/news/archive/delhi/maneka-seeks-
report-on-nari-niketan-133222) is annexed herewith as ANNEXURE
P-8 (@Page No. _____ to _____).
The Patrika, a hindi news paper on 18-04-2015 reported the death of
a Woman died of tuberculosis who was lodged in Nari Niktean,
Mador, Rajasthan.
A true copy of the News Report dated 18-04-2015 published by the
Patrika (Web Link: https://www.patrika.com/jaipur-news/nari-
niketan-woman-s-death-caused-tb-975600/) is annexed herewith as
ANNEXURE P-9 (@Page No. _____ to _____).
The Wire on 17-12-2018 reported the congested “extremely pathetic”
condition of the Central Government funded shelted homes for
women during randon inspections in Karnataka, Utar Pradesh, West
Bengal.
A true copy of the News Report dated 17-12-2018 published by the
The Wire (Web Link: https://thewire.in/women/ncw-finds-extremely-
pathetic-conditions-in-24-of-25-womens-shelter-homes-inspected) is
annexed herewith as ANNEXURE P-10 (@Page No. _____ to
_____).
The Business Standard on 16-03-2019 reported that the High Court of
Rasthan directed inspection of all women shelter homes in Rajasthan
by the Legal Service Authroty and to submit the report within 10
days.
A true copy of the News Report dated 16-03-2019 published by the
Business Standard (Web Link: https://www.business-
standard.com/article/pti-stories/hc-directs-inspection-of-all-women-
shelter-homes-in-rajasthan-119031600559_1.html) is annexed
herewith as ANNEXURE P-11 (@Page No. _____ to _____).
ADULT WOMEN DETAINED IN NARI NIKETAN/WOMAN
SHELTER HOMES WITHOUT CONSENT
13. It is pertinent to point out that judicial magistrates usually
remand girls who have married by choice and whose age is disputed
to these Nari Niketans/Women Shelter Homes. It was reported in the
news that around one-third of the women in Nari Niketan are housed
because of the love marriage cases.
A True copy of the news report dated 06-06-2015 by scroll.in (Link:
https://scroll.in/article/731166/women-are-being-illegally-detained-in-
shelter-homes-for-falling-in-love-yet-nobodys-being-punished) is
annexed herewith as ANNEXURE P-12 (@Page No. _____ to
_____).
14. That the Hon’ble High Court of Uttar Pradesh while hearing the
matter in Habeas Corpus No. 594 of 2012 through its order dated 15-
01-2013 observed that large number of major girls are living in
Women Protection home involuntarily. The Court further observed
that:
“It is settled law that against her wish, no woman can
be detained in Government Protection Home. There are
several decision to the effect that even minor girl
against her wishes cannot be detained in Government
Protection Home. A reference may be made to the
observation made to the observation made in the order
passed by a division bench of this Court at Allahabad
passed in Writ Petition No. 24382 of 2009 (HC) (Kumari
Ajra Khan Vs. State of U.P. & Ors).
It appears that in the year, 2008 a committee of three
lawyers was constituted, report of which has been
placed before this Court. Observation of the Committee
is reproduced herein below:
“Most of them entered abjectly crying out that they
were not being released in spite having attained the age
of 18 years, some of them are married and expressed
strong desire to live with their husbands. Besides being
a burden on the State Exchequer, it is a serious case of
oppression and deprivation of the human rights of these
inmates.”
Considering the gravity of the circumstances the Hon’ble High Court
was pleased to constitute a four members committee (Three Legal
Aid Panel Counsel and Director Child Line) to visit the Government
Protection Home, Lucknow and record the wishes of all the inmates
apart from their marital, physical, mental status and age.
A True Copy of order dated 15-01-2013 passed by the Hon’ble High
Court of Uttar Pradesh at Lucknow in Habeas Corpus No. 594 of 2012
is annexed herewith as ANNEXURE P-13 (@Page No. _____ to
_____).
15. That the Hon’ble High Court of U.P. At Lucknow through its
order dated 21-02-2013 in a matter bearing Habeas Corpus No. 594
of 2012 observed that many majors girl were still detained in the Nari
Niketan against their will. The Hon’ble Court considering the gravity
of the situation constituted a committee of three women advocates
and Director, Child Line, Lucknow and further directed the committee
to submit report about the inmates lodged in such Homes.
Considering the report submitted by the committee, the Hon’ble High
Court of U.P. at Lucknow was pleased to release the major girls
staying at several Nari Niketan and Woman Homes etc.
A True Copy of the order dated 21-02-2013 passed by the Hon’ble
High Court of U.P. at Lucknow in Habeas Corpus No. 594 of 2012 is
annexed herewith as ANNEXURE P-14 (@Page No. _____ to
_____).
16. That the Hon’ble High Court of U.P. At Allahabad through its
order dated 05-04-2013 in a matter bearing Criminal Writ – Public
Interest Litigation No. 20736 of 2011 observed that many adult
women were still detained in the Women’s Protection/Shelter Homes
against their will. The Hon’ble Court considering the gravity of the
situation constituted a committee of official members such as the
District Magistrate or his nominee, Probation Officer, Superintendent
of the Home, preferably a female judicial officer nominated by the
District Judge and especially non official members who could be
activists and volunteers (usually female) by the District Magistrate in
consultation with the District Judge/District Secretary Legal Services
Authority and the Probation Officer. The Court further directed that
the District Judges/District Secretaries Legal Services Authorities must
especially ensure that adult women are not being detained against
their wishes, and the minor women who were detained for their
protection or welfare are not indefinitely detained and that they are
released as per their wishes on reaching majority.
A True Copy of the order dated 05-04-2013 passed by the Hon’ble
High Court of U.P. at Allahabad in Criminal Writ – Public Interest
Litigation No. 20736 of 2011 is annexed herewith as ANNEXURE P-
15 (@Page No. _____ to _____).
17. The Hon’ble High Court of U.P. through its order dated 22-08-
2013 in Criminal Miscellaneous Petition No. 2894 of 2013 constituted
a committee to look into the condition of Faizabad Women’s Shelter
Home (Mahila Sharanalaya), Ayodhya. A four member team from
AALI (Association for Advocacy and Legal Initiatives) comprising of
Apoorva Srivastava, Jyotsna Tripathi, Neetika Vishwanath and
Shubhangi Singh visited the Faizabad Women’s Shelter Home (Mahila
Sharanalaya), Ayodhya on 21st and 24th September, 2013. The
committee made observations regarding the poor condition of the
Shelter homes and interviewed the girls who had attained majority
instead were lodged in the Women Shelter Home.
A True Typed copy of the report dated Nil on Faizabad Women’s
Shelter Home (Mahila Sharanalaya), Ayodhya is annexed herewith as
ANNEXURE P-16 (@Page No. _____ to _____).
18. The Hon’ble High Court of Judicature at Patna through its
orders in several cases has released the major girl staying at Nari
Niketan involuntarily. The Hon’ble Court through its order dated 13-
08-2014 in the matter of Rakesh Paswan Vs. State of Bihar, Crl. Misc
no. 312 of 2014 had directed the Superintendent, Nari Niketan,
Gaighat, Patna to release the girls having attained majority. The
Hon’ble Court in another matter through its order dated 31-07-2018
in Amisha Yadav @ Gopi Kumari Vs. The State of Bihar was pleased
to observed that:
“A person who has become a major cannot be kept
confined in remand home or Nari Niketan. It is
surprising that even when the petitioner has married of
her own choice and is a major at present, she is being
detained in the remand home / Nari Niketan. There is
no justification for the aforesaid detention of the
petitioner in the Nari Patna High Court CR. REV. No.314
of 2018(7) dt.31-07-2018 Niketan / remand home.
Considering the aforesaid facts, the petitioner, above-
named, is directed to be released from Nari Niketan,
Purnea..”
19. It is hence important to decongest the Nari Niketans and
release the women who are major and are living in these shelter
homes involuntarily.
COVID 19- DIRECTIONS BY THIS HON’BLE COURT TO PREVENT
THE SPREAD OF PANDEMIC IN CHILD CARE INSTITUTIONS AND
PRISONS
20. This Hon’ble Court while taking Suo Motu cognizance of COVID
19 pandemic scare in child protection, foster homes etc passed
certain directions to the authorities. This Hon’ble Court through its
order dated 03-04-2020 was pleased to pass series of directions to
the concerned authorities for prevention of the spread of COVID 19 in
child protection homes and foster homes where children are lodged
as per the Juvenile Justice Act 2015. It is submitted that several
directions were passed for the Child Welfare Committees (CWCs),
Juvenile Justice Bards (JJBs) and Children Court. Directions were also
passed to the State Government and Child Care Institutes to prevent
the contagion of COVID 19. This Hon’ble Court has issued following
remedial measures and direction to the Central Government, State
Governments and U.Ts:
“4. MEASURES TO BE TAKEN BY CHILD WELFARE
COMMITTEES
• CWCs are directed to proactively consider steps that are
to be taken in the light of COVID - 19, while
conducting their inquiries/inspections and also whether
a child or children should be kept in the CCI considering
the best interest, health and safety concerns.
• Special Special online sittings or video sessions may be
called to consider measures that may be taken to
prevent children residing in the Children’s Homes, SAAs,
and Open Shelters from risk of harm arising out of
COVID- 19.
• Gatekeeping or preventive measures need to be
considered and families counselled to ensure that
institutionalization is the last resort. Focus should be
on prevention of separation when possible.
• CWCs to monitor cases telephonically for children who
have been sent back to their families and coordinate
through the District Child Protection Committees
and Foster care and Adoption Committees
(SFCACs) for children in foster care.
• As far as possible, online help desks and support
systems for queries to be established at the state level
for children and staff in CCIs.
• It is important to consider that violence, including sexual
and gender-based violence may be exacerbated in
contexts of anxiety and stress produced by lockdown
and fear of the disease, CWCs can monitor regularly
through video conferencing, WhatsApp and
telephonically to ensure prevention of all forms of
violence.
5. MEASURES TO BE TAKEN BY THE JUVENILE
JUSTICE BOARD AND CHILDREN COURTS
Juvenile Justice Boards (JJB) and Children’s Courts are
directed to proactively consider steps that are to be taken
in the light of COVID - 19, while conducting their
inquiries/inspections. Online or video sessions can be
organized.
• The Juvenile Justice Boards/Children’s Courts
may consider measures to prevent children residing
in Observation Homes, Special Homes and Places of
Safety from risk of harm arising out of COVID- 19.
• In this regard, JJBs and Children’s Courts are
directed to proactively consider whether a child or
children should be kept in the CCI considering
the best interest, health and safety concerns.
These may include:
§ Children alleged to be in conflict with
law, residing in Observation Homes, JJB
shall consider taking steps to release all
children on bail, unless there are clear and
valid reasons for the application of the proviso
to Section 12, JJ Act, 2015.21
§ Video conferencing or online sittings can be
held to prevent contact for speedy disposal of
cases.
§ Ensure that counselling services are
provided for all children in Observation
homes.
It is important to consider that violence, including
sexual violence may be exacerbated in
contexts of anxiety and stress produced
by lockdown and fear of the disease. JJBs would
need to monitor the situation in the Observation
Homes on a regular basis.
6. MEASURES TO BE TAKEN BY GOVERNMENTS
All states need to recognize that COVID-19 has
been declared a pandemic, which warrants urgent
attention and action to pre-empt emergency and disaster
situation from arising with regard to children in State
care. It is directed that all State Governments shall:
1. Circulate information to all CCIs about how to deal
with COVID - 19 immediately, with instructions that
awareness about COVID19 is spread in a timely and
effective manner.
2. Being preparing for a disaster/emergency
situation that may arise. Work with Persons in Charge
of CCIs and District Child Protection Units to plan staffing
rotations or schedules to reduce in-person interaction
by CCI staff, where feasible. Begin developing a
system for how to organise trained volunteers who could
step in to care for children, when the need arises.
3. Ensure that all government functionaries perform their
duties diligently, and that strict action would be taken
should there be any dereliction of duty. As per Rule
66 (1), Juvenile Justice Model Rules, 2016, any
dereliction of duty, violation of rules and orders, shall be
viewed seriously and strict disciplinary action shall be
taken or recommended by the Person-in-charge against
the erring officials.
4. Make provisions to ensure that counselling is made
available, and that there are monitoring systems
in place to prevent violence, abuse, and neglect,
including gender-based violence, which may be
exacerbated in contexts of stress produced by lockdown.
5. Ensure adequate budgetary allocation is made to meet
the costs that are likely to arise for the
effective management of the pandemic, and that all
bottlenecks and procedural delays are effectively curbed.
6. Ensure adequate availability of good quality face
masks, soap, disinfectants such as bleach, or
alcohol-based disinfectants, etc.
7. Ensure availability of adequate food, drinking water,
and other necessities such as clean clothes, menstrual
hygiene products, etc.
7. DIRECTIONS TO CCIS
The Person in Charge of the CCI and all other staff
working in the CCI shall proactively and diligently take all
necessary steps to keep the children safe from the risk of harm
arising out of COVID-19, in furtherance of the fundamental
principle of safety enshrined in the Juvenile Justice (Care and
Protection of Children) Act, 2015 (JJ Act, 2015).
1. The Health Ministry has set up new National
Helpline on COVID-19, which are 1075 and
1800-112-545. In case of any queries or clarifications
related to Coronavirus pandemic, call on this number.
In addition, Childline 1098 continues to be
operational.
2. In the case of staff or children with symptoms, call the
helplines above mention and or a local doctor. Go to the
hospital only if you receive such advise by
doctor/helpline, or if symptoms are severe.
3. Staff or any other individual found to be exhibiting
symptoms of COVID-19 should not be permitted to enter
the CCI.
4. CCIs should promote social distancing. The Ministry of
Health and Family Welfare, Government of India
(MOHFW), has issued Guidelines on Social Distancing.
5. CCIs should enforce regular hand washing with safe
water and soap, alcohol rub/hand sanitizer or chlorine
solution and, at a minimum, daily disinfection and
cleaning of various surfaces including the kitchen and
bathrooms. Where adequate water is not available,
immediate steps should be taken to ensure it is made
available through necessary action, including enhancing
budget allocation for the said purpose.
6. CCIs should provide appropriate water, sanitation,
disinfection, and waste management facilities and
follow environmental cleaning and decontamination
procedures.
This information should be made available to families
fostering children under foster or kindship care schemes.
8. PREVENTIVE MEASURES FOR CCIs
In order to prevent children and staff members in CCIs from
getting infected by COVID - 19, Persons in Charge of CCIs
shall:
1. Know and make known how COVID -19 spreads
The best way to prevent illness is to avoid being exposed to
this virus. Current understanding on the virus is that it
spreads mainly from person-to-person.
• Between a person who is infected with the virus and
other people who are in close contact with that person;
• Having face-to-face contact with a COVID-19 patient
within 2 meters and for >15 minutes;
• Through respiratory droplets produced when an
infected person coughs or sneezes. These droplets can
land in the mouths or noses of people who are nearby or
possibly be inhaled into the lungs;
• There is currently no vaccine to prevent COVID 19.
2. Take necessary steps to practice, promote and
demonstrate positive hygiene behaviours and monitor
their uptake
• Frequent usage of hand sanitizer by guard,
gardener, driver, etc. present in the residential
premises/compound. Ensure that hands are cleaned and
disinfected often - Clean hands at the main door and
schedule regular hand washing reminders;
• If possible, make arrangements hand sanitizers that
contain at least 70% alcohol. Ensure that all surfaces of
hands are covered, and they are rubbed together until
they feel dry. The Person in Charge of the CCI should
make necessary arrangements to utilize
emergency/contingency funds for this purpose, and
submit requisition for additional budgetary
allocation where required, at the earliest.
3. Practice social distancing
• Physical distancing must be maintained. Shaking
hands and hugging as a matter of greeting to be
avoided. Instruct children and staff to maintain social
distance by putting distance (at least 2 metres (6
feet) distance between yourself and anyone who is
coughing or sneezing) between themselves and other
people if COVID-19 is spreading in the community.
This is especially important for people who are at
higher risk of getting very sick, such as older;
• Reduce number of people entering into CCIs;
• Meetings shall be done through video conferences
and/or rescheduled;
• Distancing should be applying in the CCIs where
children and staff members congregate such as the
reading, dining and television rooms. For example,
use of these spaces can be scheduled at 25%
participation and the schedule developed to ensure
more social distancing.
4. Cleaning and disinfecting rigorously
Current evidence suggests that COVID-19 may
remain viable for hours to days on surfaces made from a
variety of materials. Cleaning refers to the removal of
dirt and impurities, including germs, from surfaces.
Cleaning alone does not kill germs. But by removing the
germs, it decreases their number and therefore any risk
of spreading infection. Disinfecting works by using
chemicals to kill germs on surfaces. This process does
not necessarily clean dirty surfaces or remove germs. But
killing germs remaining on a surface after cleaning
further reduces any risk of spreading infection.
• Clean and disinfect the CCI building,
especially water and sanitation facilities at
least once a day, and particularly surfaces
that are touched by many people (railings,
door and window handles, toys, teaching and
learning aids etc.) Clean and disinfect frequently
touched surfaces daily. This includes gates/doors,
doorbells, tables, doorknobs, light switches,
handles, desks, phones, toilets, water taps, wash
basins, etc.;
• Do not shake dirty laundary; this can maximize the
possibility of dispersing virus through air;
• Wash items using the hot water and dry
items completely. Dirty laundry that has been in
contact with an ill person can however be washed
with other people’s items if washed in hot water
and with adequate amounts of soap/detergent;
• Ensure adequate, clean toilets;
• Maintain clean and hygienic kitchen conditions;
• Cleaning /disinfecting all couriers packages,
parcels, grocery packets before bringing inside
the house and sanitizing hands right after the
process. Preferably wear disposable gloves;
• For disinfection, diluted household bleach
solutions, alcohol solutions with at least 70%
alcohol, and most common household
disinfectants should be used when possible.
9. RESPONSIVE MEASURES FOR CCIs
1. Conduct regular screening: Symptoms can
include fever, cough and shortness of breath. In
more severe cases, infection can cause pneumonia
or breathing difficulties. These symptoms are
similar to the flu (influenza) or the common cold,
which are a lot more common than COVID-19. This
is why testing is required to confirm if someone
has COVID-19.
2. Health referral system to be followed:
The CCI should immediately follow
procedures established by the
Ministry/Department of Health and Family Welfare,
if children or staff or other service providers
working in the CCI become unwell. First step
is to inform the nurse/doctor attached to the CCI
at the earliest, when there is a suspicion
of COVID-19 infection in any staff/child. CCIs can
call the helplines referred above or a local doctor.
Children or people affected should go only if such
advise is given by doctor/helpline, or if symptoms
are severe.
3. Quarantine: In case of symptoms, the children
the CCI should have a quarantine/segregated
section (where possible) & make alternate
arrangements where a quarantine facility is
not possible.
4. Planning in advance for emergency situations.
The Person in Charge of the CCI shall, in
coordination with the health staff attached to
the CCI, - plan ahead with the local
health authorities to plan for any emergency that
may arise due to the COVID-19. This shall include:
• Updating the emergency contact lists.
• separating sick children and staff from those
who are well, without creating stigma;
• for informing parents/caregivers, and
consulting with health care
providers/health authorities wherever
possible; and
• Whether or not children/staff need to be
referred directly to a health facility,
depending on the situation/context, or
sent home, after obtaining the necessary
orders from the concerned Child Welfare
Committee or Juvenile Justice Board, or
Children’s Court.
• Information about such procedures shall be
shared with staff, parents and children
ahead of time.
10. MEASURES FOR CHILDREN UNDER FOSTER
AND KINDSHIP CARE
• Families that are fostering children
should receive information about how
to prevent COVID-19 as indicated
above.
• Follow up should be made on their
health and psychosocial well-being
status, and they should be informed
of how to do in case of symptoms
11. GUIDANCE ON MEASURES TO ENSURE
WELLBEING OF CHILDREN (CNCP and CiCWL)
• It is important to acknowledge that for
children, it is natural to feel stress, anxiety,
grief, and worry during an ongoing
pandemic like COVID-19 disease. They
may express psychological distress (anxiety,
sadness) by acting out in a different way- each
child behaves differently. Some may become silent
while other may feel and express anger and
hyperactivity.
• Reassure the children that they are safe. Let
them know it is okay if they feel upset. Share
with them how you deal with your own stress so
that they can learn how to cope from you.
Caregivers need to validate these emotions and
talk to children calmly about what is happening in
a way that they can understand. Keep it simple
and appropriate for each child’s age. Give
children opportunities to talk about what they are
feeling. Anxiety and stress is also borne out of lack
of knowledge, rumours and misinformation.
Provide right kind of information from trusted
sources an honest, age-appropriate manner. Take
time to talk with the children and to share the facts
about COVID-19, - enabling them to understand
the actual risk can make an outbreak less stressful.
• Encourage children to connect with each
other and to talk with people they trust,
about their concerns and how they are
feeling.
• Avoid watching, reading, listening or
discussing too much news about the
COVID-19 and persuade children to divert
their attention to other topics as well.
Children may misinterpret what they hear and can
be frightened about something they do not
understand. Hearing about the pandemic
repeatedly can be upsetting.
• Disruption of routine and closure of schools
may be stressful for children. Try to
continue with the regular routine
maintained in the home, with minimal
disruptions, so as to maintain a sense
of security and wellbeing, while taking all
measures to ensure the safety of the children and
the staff.
• Spend time time with children and help
them to unwind, preferably doing
activities they enjoy. Make it a point to have
interactive activities, games etc. with children to
keep them engaged in a positive way. Make sure
children have enough opportunity to move around,
run and do physical activities, even if they are
not going to school or playing with friends outside.
If schools are going to be closed for a period
of time, talk to teachers to put up a
list of interactive child-centric activities to keep
children engaged.
• It is important to consider that violence,
including sexual and gender-based
violence may be exacerbated in contexts
of anxiety and stress produced by lockdown
and fear of the disease. Do not use
corporal punishment/violence to
discipline children. This will add to their
anxiety and stress and may have serious
mental health implication. All CCI staff need to be
cognizant of the fact that there is an increased risk
of violence (by peers, other staff members)
including sexual abuse. Ensure prevention of all
forms of violence.
• Guide students on how to support
their peers and prevent exclusion and
bullying.
• Work with the health staff/social
workers/counselors to identify and
support children and staff who exhibit
signs of distress in the CCI. In CCIs, there
may be some children who are undergoing
some kind of counselling or treatment for
pre-existing mental health issues. Ensure
continuance of the treatment/therapy in
consultation with the therapist/psychiatrist.
• Ensure that no staff or child is subject to any
form of stigmatizing words or behaviour
arising due to coughing, sneezing, etc., as
this violates the principles of ‘equality and
non-discrimination,’ ‘dignity and worth’.
• Encourage and support children to take
care of their bodies - taking deep
breaths, stretching, doing yoga/meditation,
eating healthy, well-balanced meals, exercising
regularly, getting plenty of sleep, etc.
• Work with social service systems to ensure
continuity of critical services that may
take place in CCIs, such as health
screenings, or therapies for children with
special needs. Consider the specific needs
of children with disabilities, and how
marginalized populations may be more acutely
impacted by the illness or its secondary effects.”
A True Copy of order dated 03-04-2020 passed by this Hon’ble Court
in Suo Motu Writ Petition (C) No. 4 of 2020 in Re: Contagion of
COVID 19 Virus in Children Protection Homes is annexed herewith as
ANNEXURE P-17 (@Page No. _____ to _____).
21. To address the issue of over crowding in jails, this Hon’ble
Court took Suo Motu cognizance and issued order dated 16-03-2020
for taking steps on an urgent basis to prevent the contagion of
COVID - 19 in prisons across the country. As such this Hon’ble Court
issued Notice upon all the States and Union Territory across India in
the matter. This Hon’ble Court was pleased to pass orders on 16-03-
2020 and it is pertinent to reproduce the following observations of
this Hon’ble Court:
“While the Government of India advices that social
distancing must be maintained to prevent the spread of
COVID-19 virus, the bitter truth is that our prisons are
overcrowded, making it difficult for the prisoners to
maintain social distancing.
….Like most other viral diseases, the susceptibility of
COVID-19 is greater in over-crowded places, mass
gatherings, etc. Studies indicate that contagious viruses
such as COVID-19 virus proliferate in closed spaces such
as prisons. Studies also establish that prison inmates are
highly prone to contagious viruses. The rate of ingress
and egress in prisons is very high, especially since
persons (accused, convicts, detenues etc.) are brought to
the prisons on a daily basis. Apart from them, several
correctional officers and other prison staff enter the
prisons regularly, and so do visitors (kith and kin of
prisoners) and lawyers. Therefore, there is a high risk of
transmission of COVID-19 virus to the prison inmates.
For the reasons mentioned above, our prisons can
become fertile breeding grounds for incubation of
COVID-19.”
For all the above reasons, we consider it appropriate to
direct that notices be issued to the Chief
Secretaries/Administrators, Home Secretaries, Directors
General of all the Prisons and Department of Social
Welfare of all the States and the Union Territories, to
show cause why directions should not be issued for
dealing with the present health crisis arising out of
Corona virus (COVID 19) in the country, and further to
suggest immediate measures which should be adopted
for the medical assistance to the prisoners in all jails and
the juveniles lodged in the Remand Homes and for
protection of their health and welfare. ”
A True Copy of order dated 16-03-2020 passed by this Hon’ble Court
in Suo Motu Writ Petition (C) No. 1 of 2020 is annexed herewith as
ANNEXURE – 18 (@Page No. _____ to _____).
22. That this Hon’ble Court issued directions through order dated
23-03-2020 to all the State and U.Ts to take measures protect the
health and welfare of the prisoners to restrict transmission of COVID
19 in the Prison. This Hon’ble Court further directed that the States
and U.Ts shall constitute a High powered committee to determine
which class of prisoners can be released on parole or an interim bail
for such period as may be thought appropriate by the committee.
This Hon’ble Court held:
“Looking into the possible threat of transmission
and fatal consequences, it is necessary that prisons
must ensure maximum possible distancing among the
prisoners including undertrials.”
“Taking into consideration the possibility of
outside transmission, we direct that the physical
presence of all the undertrial prisoners before the
Courts must be stopped forthwith and recourse to video
conferencing must be taken for all purposes. Also, the
transfer of prisoners from one prison to another for
routine reasons must not be resorted except for
decongestion to ensure social distancing and medical
assistance to an ill prisoner. Also, there should not be
any delay in shifting sick person to a Nodal Medical
Institution in case of any possibility of infection is seen.”
“We also direct that prison specific readiness and
response plans must be developed in consultation with
medical experts. “Interim guidance on Scaling-up
COVID-19 Outbreak in Readiness and Response
Operations in camps and camp like settings” jointly
developed by the International Federation of Red Cross
and Red Crescent (IFRC), International Organisation for
Migration (IOM), United Nations High Commissioner for
Refugees (UNHCR) and World Health Organisation
(WHO), published by Inter-Agency Standing Committee
of United Nations on 17 March, 2020 may be taken into
consideration for similar circumstances. A monitoring
team must be set up at the state level to ensure that
the directives issued with regard to prison and remand
homes are being complied with scrupulously.”
“The issue of overcrowding of prisons is a matter
of serious concern particularly in the present context of
the pandemic of Corona Virus (COVID – 19).”
“Having regard to the provisions of Article 21 of
the Constitution of India, it has become imperative to
ensure that the spread of the Corona Virus within the
prisons is controlled.”
“We direct that each State/Union Territory shall
constitute a High Powered Committee comprising of (i)
Chairman of the State Legal Services Committee, (ii) the
Principal Secretary (Home/Prison) by whatever
designation is known as, (ii) Director General of
Prison(s), to determine which class of prisoners can be
released on parole or an interim bail for such period as
may be thought appropriate.”
A True Copy of order dated 23-03-2020 passed by this Hon’ble Court
in Suo Motu Writ Petition (C) No. 1 of 2020 in Re: Contagion of
COVID 19 Virus in Prison is annexed herewith as ANNEXURE P-19
(@Page No. _____ to _____).
23. That because of the over crowding in these Nari Niketans, it is
difficult for the residents to practice social distancing. The unhygienic
living condition and poor health makes them most vulnerable to the
pandemic.
24. That the deadly and extremely contagious Corona Virus /
COVID 19 outbreak has triggered a global pandemic and panic. That
the number of COVID 19 patients are increasing across the country.
The health and wellbeing of the residents of Nari Niketans/Woman
Homes etc are in jeopardy. There is an immediate need to take steps
to prevent the contagion of COVID 19 in Nari Niketans/Woman
Homes etc across the country. There is need to screen the residents
of these Nari Niketans specially high risk patients such as younger
children, aged persons, those suffering from Diabetes, Hypertension,
respiratory disorders or any other disease/disorder that makes them
susceptible to contract and spread of the virus.
25. GROUNDS FOR FILING THE PETITION:
A. BECAUSE, COVID 19 is a deadly, extremely communicable
disease that spreads through respiratory and fomite born virus
i.e. by touch and contact, even through surfaces. Quarantine and
isolation of infected patients is fundamental to preventing the
rapid and lethal spread of the disease. The whole world is
grappling to cope up with the outbreak, its spread, containment
and disastrous mortality rates. Medical experts have advised that
early testing/detection of carrier/infected patient and their
isolation is extremely crucial to prevent the rapid spread.
B. That the living condition of the Nari Niketan/Woman Homes is
deplorable. The unhygienic living condition and poor health
makes them most vulnerable to the pandemic COVID 19. The
Hon’ble High Court of Uttarakhand at Nainital in the matter of
Shivangi Gangwar Vs. State of Uttarakhand, & Ors W.P. (PIL) No.
07 of 2016 in its order dated 23-05-2018 had observed that the
condition of the Nari Niketans in Uttarakhand was deplorable. No
arrangements have been made for the return of inmates to their
homes. It was also observed that there were no medical facility
at Nari Niketans. The incident of rape, sexual assault etc was
also raised in the matter. A detailed order and direction in this
regard and with regard to other issues was passed by the
Hon’ble High Court of Uttarakhand at Nainital through judgment
dated 23-05-2018. It is submitted that most of the Nari
Niketan/Woman Homes are in similar condition and directions
and orders are required to be passed to protect the inmates from
getting contacted to COVID 19.
C. That the Nari Niketan/Woman Homes etc across the country are
over crowded. It was reported in the news paper that the
occupancy rate in few of the Nari Niketan/Woman Homes etc
have increased more than 200% of the total capacity resulting in
massive over crowding. The over crowding in Nari
Niketan/Woman Homes etc will make it difficult for the inmates
to maintain social distancing. It is submitted that like most of the
viral diseases, the susceptibility of COVID 19 is greater in over-
crowded places, mass gatherings, etc. Few studies on COVID 19
indicates that contagious viruses such as COVID 19 proliferate in
closed and over crowded spaces. It is most respectfully
submitted that this Hon’ble Court should issue directions and
orders to de congest the overcrowded Nari Niketan/Woman
Homes etc.
D. Because the girl under the age of 18 years who are married by
their own choice are kept in the Nari Niketans across the country
even after attaining majority. The lodgment of girls even after
attaining majority is in complete violation of their rights
guaranteed under the Constitution. Such lapse on the part of the
State Government is also resulting in over crowding of the Nari
Niketan/Woman Homes across the country. The Girls who have
attained majority should be released from the Nari
Niketan/Woman Homes forthwith to prevent over crowding. The
Hon’ble High Court of Uttar Pradesh while hearing the matter in
Habeas Corpus No. 594 of 2012 through its order dated 15-01-
2013 observed that large number of major girls are living in
Women Protection home involuntarily. Considering the gravity of
the circumstances the Hon’ble High Court was pleased to
constitute a four members committee (Three Legal Aid Panel
Counsel and Director Child Line) to visit the Government
Protection Home, Lucknow and record the wishes of all the
inmates apart from their marital, physical, mental status and
age. The Hon’ble High Court of U.P. At Lucknow through its
order dated 21-02-2013 in a matter bearing Habeas Corpus No.
594 of 2012 observed that many majors girl were still detained in
the Nari Niketan against their will. The Hon’ble Court considering
the gravity of the situation constituted a committee of three
women advocates and Director, Child Line, Lucknow and further
directed the committee to submit report about the inmates
lodged in such Homes. Considering the report submitted by the
committee, the Hon’ble High Court of U.P. at Lucknow was
pleased to release the major girls staying at several Nari Niketan
and Woman Homes etc. Similar orders for releasing the adult
women was passed by the Hon’ble High Court of Judicature at
Patna. Similar directions should be passed across the country to
release and protect their rights and interest of the girls who have
attained majority.
E. Because this Hon’ble Court through its order dated 03-04-2020 in
Suo Motu Writ Petition (C) No. 4 of 2020 in Re: Contagion of
COVID 19 Virus in Children Protection Homes was pleased to
pass series of directions to the concerned authorities for
prevention of the spread of COVID 19 in child protection homes
and foster homes where children are lodged as per the Juvenile
Justice Act 2015. It is submitted that several directions were
passed for the Child Welfare Committees (CWCs), Juvenile
Justice Bards (JJBs) and Children Court. Directions were also
passed to the State Government and Child Care Institutes to
prevent the contagion of COVID 19. It is further submitted that
this Hon’ble Court through its order dated 23-03-2020 was
pleased to issue guidelines to avoid contagion of COVID 19 in
Prisons across India. This Hon’ble Court further directed that the
States and U.Ts shall constitute a High powered committee to
determine which class of prisoners can be released on parole or
an interim bail for such period as may be thought appropriate by
the committee.
It is pertinent to point out that Nari Niketans/Woman Homes are
the institutions are not covered under the Juvenile Justice Act,
2015. In view of the above similar directions as passed in SMWP
(C) 4 of 2020, SMWP (C) 1 of 2020 should be passed by this
Hon’ble Court for welfare of the inmates of Nari Niketan/Woman
Homes.
F. Because the inmates in Nari Niketans/Woman Homes etc across
the country are under fear of their health and wellbeing. In view
of the aforesaid threat and background, it is imperative that the
inmates and employees of Nari Niketans/Woman Homes etc be
immediately tested for COVID-19 and any other communicable,
infectious disease(s) by a team of qualified and competent
doctors who are equipped with all paraphernalia, investigative
kits and medication, in as much as they pose a threat to the
health and well being of the inmates. It is further necessary that
any infected inmates and employees of the Nari
Niketans/Woman Homes etcs be treated immediately as per
standard protocol of treatment for COVID 19 and other protocols
in place for other diseases.
G. Because in order to safeguard the health and wellbeing of the
Inmates, there is an immediate and urgent need to screen the
high risk group of patients such as younger children, aged
women, those suffering from Diabetes, Hypertension, respiratory
disorders or any other disease/disorder that makes them
susceptible to contract and spread of infectious and
communicable diseases.
H. Because in view of the aforesaid it is expedient and in the
interest of justice that a team of qualified public health officials,
sanitation workers and other officials with adequate
paraphernalia and equipment be deployed at all the Nari
Niketan/Woman Homes etcs across the country for purposes of
sanitation and to upkeep hygiene of the Nari Niketan/Woman
Homes etc including its immediately adjoining areas in order to
safeguard the health and wellbeing of the inmates.
I. Because the State is duty bound to provide adequate medical aid
to every person and to work in the welfare of the general public
as held by Hon’ble Supreme Court in the matter of inter-alia
Paschim Banga Khet Mazdoor Samiti (1996) 4 SCC 37 etc. The
inmates of the Nari Niketan/Woman Homes are directly covered
by this observation of Hon’ble The Supreme Court of India.
J. Because the fundamental right of life and health of the residents
of the Nari Niketan under Articles 14 and 21 of the Constitution
of India are being violated due to the inaction of the
Respondents to safeguard their health, well being and safety.
K. Because it is the duty of State governments to form policies in
furtherance of Article 39, 39-A and 47 of the Constitute of India
for improving the health condition of the Nari Niketan/Woman
Homes etc and to make arrangements for return of inmates to
their homes.
26. The present Writ Petition is being filed in good faith and in the
interest of justice. The Petitioner has no personal interest in the
outcome of the case.
PRAYERS
It is therefore most respectfully prayed that this Hon’ble Court may be
graciously pleased:
a. Allow the present petition and issue a writ in the nature of
mandamus, or any other writ, order or direction to the Respondents
to take immediate steps (including preventive and responsive
measures)to prevent the contagion of COVID 19 in Nari
Niketans/Woman Homes etc situated across the country; AND
b. Issue a writ, order or direction extending the order dated 03-04-
2020 passed in Suo Motu Writ Petition (C) No. 4 of 2020 in Re:
Contagion of COVID 19 Virus in Children Protection Homes to Nari
Niketans across the country; AND
c. Issue a writ, order or direction to release the major girls forthwith
who are staying in the Nari Niketan/Woman Homes etc involuntarily;
AND
d. pass such other and further Orders as this Hon'ble Court may deem
fit and proper
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE PETITIONER,
SHALL, AS IN DUTY BOUND, EVER PRAY.
FILED BY:
____________ FAUZIA SHAKIL
Advocate for the Petitioner Drawn on: 10-04-2020 Filed on: 13-04-2020
