Welcome to Drishti Judiciary - Powered by Drishti IAS









Home / Constitution of India

Constitutional Law

Dr. Upendra Baxi And Ors (II) v. State of UP And Ors. (1986)

    «
 21-Nov-2024

Introduction 

  • This is a landmark judgment relating to directions given to shelter homes for girls. 
  • This judgment was delivered by Justice PN Bhagwati, Justice GL Oza and Justice V Khalid.     

Facts  

  • A writ petition was filed highlighting poor living conditions for girls in a Government Protective Home in Agra. 
  • The Supreme Court made orders to improve living conditions and asked the District Judge to periodically inspect the home. 
  • The living conditions in the Vijaynagar colony premises were significantly improved and Dr. R.S. Sodhi from the Association for Social Health in India was instrumental in these efforts. 
  • In March 1984, the State Government planned to shift the Protective Home without court permission 
  • Dr. Sodhi and the District Judge repeatedly warned against shifting without Supreme Court approval 
  • Despite warnings, the State Government shifted the home to Adarsh Nagar, Rajwara in mid-1985 
  • There was no legal compulsion to vacate the Vijaynagar colony premises (a landlord's eviction suit was dismissed) 
  • The shift was made without obtaining prior permission from the Supreme Court 
  • The District Judge was instructed to compare facilities between the old and new premises 
  •  The argument put forward by the Government in favour of shifting was that the landlord was prepared to give more than double the carpet space. 
  •  The relocation potentially undermined previous court orders and improvements 
  • The move was seen as unilateral action by the State Government without judicial oversight 

Issue Involved  

  • Should the Government give directions with regard to the shifting of the protective home? 

Observations 

  • The Supreme Court ordered the Agra Division Commissioner to file an affidavit explaining: 
    • Reasons for surrendering the old building 
    • Circumstances of shifting to the new premises 
    • Details of prior inspection and preparation of the new building 
  •  Board of Visitors 
    • The Supreme Court directed the State Government to establish a Board of Visitors within two weeks 
    • The Board must include: 
      • At least three social activists specializing in women's welfare 
      • Two persons nominated by the District Judge, Agra 
  • Legal Detention Oversight 
    • Superintendent must ensure no woman/girl is detained without legal authority 
    • District Judge to verify legal detention during monthly inspections 
    • Immediate release and repatriation of illegally detained inmates 
  • Legal Aid and Advocacy 
    • Two socially committed advocates to: 
      • Visit the Protective Home fortnightly 
      • Enquire about inmates' needs 
      • Provide legal aid 
  • The Supreme Court directed the State Government to pay Rs. 50 honorarium per visit plus expenses.  
  • Rehabilitation Programme 
    • State Government directed to develop a comprehensive rehabilitation programme 
    • Focus on: 
      • Vocational training 
      • Preventing inmates from returning to prostitution 
      • Potential marriage arrangements with thorough background checks  
  • Monthly Inspections 
    • District Judge or nominated Additional District Judge to: 
      • Visit Protective Home monthly 
      • Submit inspection reports by 15th of each month 
      • Ensure implementation of court directives 

Conclusion 

  • This is a very important judgment where the judiciary has interfered in order to ensure social justice. 
  • This landmark judgment lays down directions for the shelter homes of girls.