Supreme Court Issues Directions To Ensure Humane Conditions In Beggars' Homes Across Country

The Supreme Court on September 12 has ordered that all Beggars Homes across the country must maintain data on the deaths that have been caused due to negligence or the lack of basic facilities, or failure to provide timely medical care. In such cases, the State/UT is responsible for providing a 'reasonable compensation' to the next of kin of the deceased. In cases where warranted, criminal proceedings can also be initiated against those responsible. These directions were passed in a case which arises out of a grave and unfortunate incident at the Beggars' Home Lampur (Delhi) in 2000, where contamination of the drinking and cooking water with coliform bacteria resulted in an outbreak of cholera and gastroenteritis. It led to multiple deaths and widespread illness, exposing serious lapses in sanitiation, hygience, and healthcare facilities within the institution.The Court stated that Beggars' Homes need a paradigm shift- from being perceived as an instrument of social control to being recognised as spaces of social justice. "The failure to ensure humane conditions in such Homes does not merely amount to maladministration; it constitutes a constitutional breach of the fundamental right to life with dignity. Accordingly, we deem it appropriate to issue the following directions, in respect of all Beggars' Homes across the country, including the subject institutions to ensure that the improved conditions are continuously maintained."A bench comprising Justice JB Pardiwala and Justice R Mahadevan passed a slew of directions for reforms in all Beggars' Homes across the country, including maintenance of sanitation, infrastructure, food safety, rehabilitation and vocational training. It has directed all States and Union Territories shall constitute a Monitoring Committee for the Beggars' Homes, comprising officials from the Social Welfare Department, Public Health authorities and independent civil society members, to report to maintain data on illness, deaths, and remedial actions.The judgment authored by Justice R Mahadevan has directed that the Ministry of Social Justice and Empowerment shall frame and notify within 3 months model guidelines to facilitate uniform implementation of the aforesaid directions across all States and Union Territories. The directions: I. Preventive Healthcare and Sanitation (1)Every individual admitted to a Beggars' Home shall mandatorily undergo a medical screening by a qualified medical officer within 24 hours of admission.(2)Monthly health check-ups shall be conducted for all inmates by a designated medical team.(3) A disease surveillance and early warning system shall be established in all Beggars' Homes, with special protocols for the prevention, detection, and containment of communicable and waterborne diseases.(4)All State Governments / UTs shall frame, notify, and strictly enforce minimum hygiene and sanitation standards in Beggars' Homes, which shall mandatorily include:(a) continuous access to potable drinking water (b)functional toilets with proper drainage systems; and (c) regular pest control and vector management measures. II. Infrastructure and capacity(5)All State Governments / UTs shall conduct an independent third-party infrastructure audit of every Beggars' Home within their jurisdiction at least once every two years.(6)Occupancy in each Beggars' Home shall not exceed its sanctioned capacity, so as to prevent overcrowding and the spread of communicable diseases. (7) Adequate provision shall be made for safe housing, ventilation, and access to open spaces, consistent with human dignity.III. Nutrition and Food Safety (8) Every Beggars' Home shall appoint, or designate from an associated Government Hospital, a qualified Dietician to regularly verify the quality and nutritional standards of food served to inmates.(9) Standardised dietary protocols shall be framed, ensuring nutritional adequacy.IV. Vocational Training and Rehabilitation (10) All Beggars' Homes shall establish or expand vocational training facilities aimed at skill development and economic self-reliance of inmates.(11) The State Governments / UTs shall explore partnerships with governmental agencies, NGOs, and private institutions to introduce diverse trades and employment-oriented training programmes.(12) Periodic assessments shall be conducted to monitor the effectiveness of rehabilitation initiatives and to facilitate the reintegration of released inmates into society.V. Legal Aid and Awareness (13) Inmates shall be informed in a language they understand, of their legal rights, including the right to contest detention orders.(14) State Legal Services Authorities shall designate panel lawyers to visit Beggars' Homes at least once every three months, to provide free legal assistance and facilitate access to bail, release, or appeal remedies.VI. Child and Gender Sensitivity (15) Where women or children are housed in such Homes, the States / UTs shall provide separate facilities ensuring privacy,...

Supreme Court Issues Directions To Ensure Humane Conditions In Beggars' Homes Across Country

Gursimran Kaur Bakshi

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