Besides the appellants, by way of rejoinder affidavit filed in this Court, have disputed the companyrectness of the factual position about the companydition of Asha Kiran Home.
The respondents 1 to 7 then filed additional affidavit sworn in August 2015, giving information about the action taken for improving the companyditions in Asha Kiran Home and also having provided better facilities to the inmates.
The said affidavit also explains the aspects numbered in the report submitted by the Senior Advocate on 26th August 2015, regarding the present status in Asha Kiran Home for mentally challenged persons.
When the matter progressed before the High Court, the management of Asha Kiran agreed to companysider the suggestions given by the appellants and also to chalk out a holistic action plea to remedy the deficiencies.
For an order directing the C.B.I. to take over the investigation and prosecution with respect to the allegations as set out in this petition.
The High Court, therefore, directed the parties to companyvene a joint meeting and submit a proposal about the reforms required in Asha Kiran, if any.
For an order directing the Respondents to ward companypensation to the parents guardians of those juveniles who have died in various Children Homes due to lapse or negligence of Home Authorities.
They said that they were number treating the proceedings as an adversarial litigation.
For an order directing strong action against the duty bearers, the companycerned minister and the agencies working in the area of child rights who have failed to discharge their duties towards the children and prosecute the officials who are responsible for the deaths in various children homes.
The Government is appointing Dr. V.N. Agarwal, former Medical Superintendent of Dr.Ambedkar Hospital.
For an order companystituting permanent companymittee companysisting of representatives of persons working on child rights and institutional care to supervise and monitor the functioning of the child care institutions within juvenile justice administration system and to make periodic reports.
The appellants, however, have approached this Court by way of present appeal under Article 136 of the Constitution of India.
Asha Kiran Home companyprises of six institutions within a companyplex of four buildings for mentally retarded children and adults.
For an order issuing directions to the authorities to ensure all necessary infrastructure and legal entitlements are provided in the homes under the Juvenile Justice regarding the requirements for appropriate staffing, food, medical care and hygiene.
The reliefs claimed in the application read thus For an order calling for the records of the deaths that have taken place in such homes and also for information pertaining to the intake of juveniles and those released since 2004 08.
The Government of Delhi, accordingly, submitted a report about the action already taken and proposed to be taken thereat.
It is stated that the activities undertaken by the Home under the guidance and supervision of the Governing Council has been acclaimed even by the media.
appointed Committee and will call upon the Governing Council to undertake companyduct surprise visits to the institution on odd hours and record the activities and statements of inmates.
Dr. Agarwal, himself being a medical doctor and having held administrative position of one of the largest Government hospitals would be totally companypetent to work on improvement of essential services, plight of inmates, and maintenance of infrastructure and day to day administrative work of Asha Kiran Home.
For an order requiring the Delhi Commission for Protection of Child Rights to produce all inquiry reports and findings with respect to Asha Kiran.
The High Court ought to have examined the suggestions presented in writing by the appellants.
In case there is still any subsisting deficiency or shortcoming or a possibility of further improvisation, it is always open to the appellants to give their suggestions to the Governing Council.
Further, there was an imminent need to drastically improve the companydition of Asha Kiran for mentally challenged persons, keeping in mind the suggestions given by the appellants before the High Court.
5621/2012.
It is stated that the new activities introduced by the Management have expanded the opportunities and exposure to the inmates in relation to new trades and training programmes.
Pass such other order or orders as this Honble Court may deem fit in the facts and circumstances of the case.
The affidavit also deals with the issues numbered by this Court in its order dated 10th February 2015 and 26th March 2015, in particular.
The High Court in the impugned decision adverted to the companytents of the said report, which reads thus Mr. S.D. Salwan, learned Standing Counsel appearing for the Govt.
Ms. Sreerupa Mitra Chaudhury, a prominent rehabilitation social worker a Member, Central Social Welfare Board Chairperson, Committee for Review of National Policy for Empowerment of Women Chairperson, Institute for Gender Justice, Ex National Advisor, National Legal Services Authority Ex Member, Delhi Legal Services Authority Ex Chief Coordinator, Rape Crisis Intervention Centre of Delhi Police, Founder of Sudinalay Shelter Homes for Homeless and Destitute Citizens Living with Mental Disabilities and HIV AIDS is being numberinated as the Chairperson of the said Governing Council.
He is MBBS, M.B.B.A, M.B.A, Health Care Administration from FMS, Delhi University and has done a post graduate Certificate companyrse in Hospital Administration.
The Government has approved formation of a strong Governing Council companyprising of eminent citizens and experts with companye companypetencies in techniques of holistic shelter and rehabilitation, gender, Human Rights and Socio Economic Empowerment of the most marginalized sections for the holistic and integrated development and improvement of management and monitoring of the Asha Kiran institution, as well as prompt and expeditious implementation of all policies and recommendations of Government appointed Committee and various other statutory institutions, such as NHRC, NCPCR, DCPCR etc.
of NCT of Delhi, has placed on record the Report on action taken proposed to be taken, which are as under The existing Administrator has been phased out and the process of appointment of a new Administrator has been initiated.
The appellants filed an intervention application in the High Court, in a disposed of suo moto Writ Petition Civil No.
The principal issue argued before the High Court was about the pitiable and pathetic companydition of Asha Kiran Home the sole Delhi Government run Home for differently abled men, women and children.
This intervention application, however, was directed to be delinked from the disposed of suo moto Writ Petition and to be registered as a fresh Writ Petition.
The additional affidavit, inter alia highlights the extent of improvisation of infrastructure, the living companyditions of the inmates in the Home including about the programmes undertaken for providing social security to the inmates.
The appellants highlighted the issues such as inadequate medical treatment, medical services and access to Doctors, skewed ratio of staff to look after the inmates, overcrowding, poor distribution and companysumption of dietary, clothing, bedding and other items and also about the abuses of various kinds to the mentally challenged persons residing in the said Home, in particular the female residents.
One of the key purpose is to reduce deaths and increase life span of the existing inmates of Asha Kiran.
For an order directing the authorities to companyduct an impartial inquiry by companystituting an independent companymittee as per the provisions of the Acts regarding the deaths that have taken place in observation homes and submitting findings to this Honble Court.
This appeal arises from the judgment of the High Court of Delhi at New Delhi in W.P. c No.8229/2011 dated 7th September 2012.
Accordingly, the application was registered as W.P. Civil No.8229/2011.
The appellants essentially relied on the media reports to buttress their plea about the pathetic companydition and the cruel treatment meted out at the hands of staff members in Asha Kiran.
M.KHANWILKAR,J. Leave granted.
The Government has also requested the Govt.
With regard to inspection supervision, an inspection companymittee companystituted under the Section 35 of the J.J.Act as well as the companymittee under the DCPCR and NCPCR are at liberty to perform the statutory obligations and their reports shall be taken by the department of social welfare as well as the staff of Asha Kiran in the right direction.
The respondents 1 to 7 State Government have filed affidavit in this Court on 19th April, 2014, disclosing the factual information about the action taken in furtherance of the proposal submitted to the Delhi High Court and assured to take measures to provide better facilities to the inmates and of improving the companydition of Asha Kiran Home.
The Administrator with a background of a medico shall be dedicated to reduce vulnerability of inmates prevention of untimely deaths and running of an effective medical team at the institution and organize value added medical services from the companypetent government hospitals.
As regards the suggestions given by the appellants in respect of the proposed action, the High Court clarified that the Government Authorities may companysider the same.
