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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
- Two socially committed advocates to:
- 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
- District Judge or nominated Additional District Judge to:
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.