Priya Kale vs. GNCTD - Filed (Case Documents)
Priya Kale vs. GNCTD - Filed (Case Documents)
Priya Kale vs. GNCTD - Filed (Case Documents)
VERSUS
INDEX
Fee
1. Notice of Motion
2. Urgent Application
3. Synopsis and List of Dates
4. Memo of Parties with Court Fee
5. Writ Petition with Affidavit
6. Annexure P-1
AADHAR
7. Annexure P-2
compensation.
8. Annexure P-3
at Motia Khan
11. Annexure P-6
Khan
13. Annexure P-8
Date:
Dr. Doma Bhutia, Amiy Shukla and
Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
IN THE HIGH COURT OF DELHI AT NEW DELHI
Please find enclosed the writ petition along with its annexures and
the Honble Delhi High Court. The writ petition along with the accompanying
Honble Court.
New Delhi
Date:
Dr. Doma Bhutia, Amiy Shukla and
Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
To
1. Govt. of NCT of Delhi
(Through its Chief Secretary)
Govt. of NCT of Delhi
A-Wing, I.P. Estate,
Delhi Secretariat, Delhi - 110002
2. Dept. of Health and Family Welfare
(Through its Secretary)
Govt. of NCT of Delhi
9th Level, A-Wing, I.P. Estate,
Delhi Secretariat, Delhi - 110002
3. Delhi Urban Shelter Improvement Board
(Through its Chief Executive Officer)
Govt. of NCT of Delhi
Punarvas Bhawan, I.P. Estate,
New Delhi 110002
4. Ministry of Health and Family Welfare
(Through its Secretary)
Govt. of India
Nirman Bhawan, Maulana Azad Road
New Delhi- 110011
5. Ministry of Urban Development
(Through its Secretary)
Govt. of India
Nirman Bhawan, Maulana Azad Road
New Delhi- 110011
IN THE HIGH COURT OF DELHI AT NEW DELHI
VERSUS
Urgent Application
To
Registrar
New Delhi
Sir
urgent basis. The ground for urgency is the Petitioner is living in night shelter
and she is not being provided basic amenities there and in this regard, urgent
New Delhi
Date:
Dr. Doma Bhutia, Amiy Shukla and
Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
Synopsis
The present writ petition is being filed under Article 226 of the Constitution of
living in the National Capital Territory of Delhi (hereinafter NCTD) and for the
vs. Union of India in I. A Nos. 94 & 96 in Writ Petition No.196 of 2001 and
the orders of this Honble Court in suomoto case W.P. (C) No. 5913 of 2010
in letter and spirit. By way of this Petition, the Petitioner is seeking relief for
herself under NMBS and other benefits available to pregnant and lactating
mothers. The Petitioner has been denied benefits and entitlements by the
Respondents.
Petitioner has given birth to a baby in 2011 in a Park. Taking note of the
compensate the Petitioner. However the compensation was not paid till late
2012. In the meantime, she gave birth to another baby girl on 25.10.2012.
When the Petitioner was running from pillars to post to get the compensation
amount as directed by NHRC, the baby girl died due to exposure of cold
weather. It is important to mention here that for both these babies, the
Petitioner did not get any entitlement under NMBS and other social security
Petitioner is also seeking further direction of this Honble Court to provide hot
meals twice a day, i.e. lunch and dinner, including tea snacks in the morning
recent decisions of the Honble Supreme Court and this Honble Court have
to the deaths of several homeless people in New Delhi during the harsh
winter weather, the Honble Supreme Court in Peoples Union for Civil
Liberties (PUCL) vs. Union of India and Ors., [W.P. (C) 196 of 2001] passed a
series of orders mandating that the New Delhi state government provide
shelters be open 24 hours a day, that they function in all seasons, and that
they have basic facilities and amenities to enable homeless people to live
their lives with dignity. Honble Supreme Court also recognised the discrete
women and their children, disabled homeless people, and homeless families.
community.
streets of New Delhi while giving birth to a baby girl. Prior to her death,
Laxmi had been denied access to New Delhi hospitals. At that time, many
hospitals run by the Government of New Delhi did not admit destitute
news article in The Hindustan Times, this Honble Court took the case
suomoto W.P. (C) 5913 of 2010 and assigned Dr Colin Gonsalves, Senior
Advocate as amicus in the case. Ultimately, this Honble Court found that
lactating women throughout the City. In the 12.01.2011 Order, this Honble
Court observed:
the footpath.
Despite the orders, the provision and condition of homeless shelters in New
Delhi remains severely lacking. There are still not enough permanent shelters
in New Delhi to meet either the Honble Supreme Courts orders or the needs
place do not meet the basic requirements recommended in the 2010 Shelter
and functional 24 hours shelters for pregnant and lactating homeless women
in New Delhi forces them to live in squalid and undignified conditions and risk
their health and the health of their children. More recently, a team of Human
Rights Law Network activists met with three women living at Motia Khan who
had all delivered in the shelter without any medical assistance. One of them,
this Honble Court issue any orders as it sees fit to Respondents to protect,
promote, and fulfil the fundamental rights of pregnant and lactating homeless
women and their children by providing them with sufficient food, clothing,
and shelter.
Date Event
January : Petitioner gave birth to her child in a park.
2011
25.10.2012 : Petitioner gave birth to her baby girl in Motia Khan Shelter
Home.
11.12.2012 : Taking cognisance of the child birth in the Park in January
VERSUS
Memo of Parties
1. Priya Kale
D/o Maryam Harange and W/o Dharma Kale
R/o Commercial Complex at Motia Khan
PaharGanj, New Delhi 110066 Petitioner
VERSUS
Filed by
New Delhi
Date:
VERSUS
AND
In the matter of Article 21 of the Constitution of India
AND
In the matter of provision of food, hot water, beverages etc. to the residents
of the shelter homes
AND
In the matter of condition of shelter homes in Delhi
AND
In the matter of making shelter homes safe and secure for the female
residents
To
The Chief Justice and His Companion Justices
Honble Delhi High Court
New Delhi
Humble Petition of the
Petitioner above-named
Most Respectfully Showeth:
1. This Petition is being filed by the Petitioner herein for a direction of this
Orders of the Honble Supreme Court and Orders of this Honble Court
and also to provide benefits and entitlements to the Petitioner which are
schemes.
order passed by Honble Supreme Court of India and this Honble Court
failed to fulfil their obligations under the Constitution of India and has
Constitution of India and more particularly the Right to Life under article
recently lost her two-month-old baby girl in the said shelter home due
the case of PUCL vs. Union of India (W.P. (C) No. 196 of 2001).
pregnant and lactating women and their children who are an especially
womens and childrens right to shelter has been read into their right to
Court of India (Chameli Singh vs. State of U.P., (1996) 2 SCC 549). As
status.
8. Respondents are in violation of the Janani Suraksha Yojana Scheme
deliveries.
Articles 24 and 27 of the Convention on the Right of the Child; and the
10. The Petitioner herein, is twenty-five years old, wife to Dharma Kale, and
mother of two: Sunny, who is five years old, and Appi, who is two years
old. Petitioner moved to New Delhi with her mother when she was 1
year old. She is a homeless person and lives in the 24 hours shelter
also got herself enrolled with Unique Identification Authority of India for
11. Priya Kale has lived at Commercial Complex at Motia Khan in PaharGanj,
New Delhi (hereinafter Motia Khan or the Shelter) on and off since
law.
12. It is important to mention here that the Petitioner gave birth to a baby
boy in 2011 at Pusa Park, Delhi. This birth was widely reported in the
Petitioner has to run from pillar to posts to get her compensation and
then get the cheque encashed in her bank account. True copy of the
13. The woes and problems faced by the Petitioner were reported in Times
Annexure P-3.
14. In early 2012, Petitioner became pregnant with her third child.
Petitioners pregnancy was not registered and she only received one
15. On October 25th, 2012, Petitioner gave birth to a daughter who she
named Preeti. Petitioner gave birth to Preeti at Motia Khan under the
care of only her sister and mother-in-law. Petitioner did not visit a
16. On 6th January being only two months old, Preeti passed away.
Petitioner says that Preeti died of exposure due to the cold winter
weather. As mentioned above, Motia Khan does not make space heaters
available to its residents. It also does not have geysers to warm water
babys death was also attributed to the woes faced by the Petitioner in
status and baby Preetis death. The article, written by Ambika Pandit,
reported in the days preceding the death of her daughter, she had
carried the child to the home guard office and the bank in a bid to get
18. On 16th January, after reading the Times of India article, a team of
the team found Petitioners mother who told the team that Petitioner
was staying at a shelter locally known as Motia Khan. After finding Motia
Khan shelter, the team learned that Petitioner had gone out for the day.
However the team conducted a detailed fact finding of the situation and
prepared a report in this regard. True copy of the Fact Finding Report
as Annexure P-4.
19. Motia Khan shelter has been operational since 2010 and is under the
Hazard (SANTOSH) runs Motia Khan, with funds provided by the Delhi
State Government.
20. Motia Khan shelter is difficult to find for anyone who seeks it out, let
alone for a homeless person who does not know it is there. Asking over
half a dozen local people about its whereabouts, it still took the HRLN
team over an hour to find the shelter. There are no signs directing
and is only a few feet away from an electricity sub-station. It can hold a
over half (175) of these are children. The Shelters ground floor
allegedly has a room used as a classroom for 48 of the children who live
at the shelter. The team was unable to verify the existence of this
classroom because it was locked on all of the three days the team
22. Motia Khan lacks basic amenities in contravention of the Supreme Court
23. During its visit, a team member even witnessed human waste in one of
two flights of stairs and, therefore, not easily accessible by disabled and
24. Motia Khan has no beds and provides its residents only dirty blankets on
which to sleep on the ground. The Shelter also lacks lockers for its
residents to store their belongings. The Shelter does not accept mail on
25. Petitioner and fellow residents at Motia Khan, particularly pregnant and
receive morning tea with bread and biscuits as many of them are
26. Petitioner further states that she and fellow pregnant and lactating
women residing at Motia Khan spend their days in search of food for
themselves and their newborns. They search for petty work and food in
garbage bins so that they can eat and be able to breastfeed their
27. Most of the pregnant and lactating women residing at Motia Khan
statistics. Unfortunately, these children often face the same fate as their
show prima facie that neither these women nor their children have
food, shelter, and clothing. This vicious cycle pushes these women and
their children into a life of illiteracy and poverty. This Honble Court will
appreciate that the right to shelter for the urban poor has been
Khan Gulab Khan &Ors, (1997) 11 SCC 121. In this case the Honble
objective.
Olga Tellis case and the latest Chameli Singhs case and
cannot afford to stay at Motia Khan waiting for heath visitors because
Petitioner spends most of her day on the streets selling balloons and
flowers to earn enough money to provide livelihood for her family and
herself.
29. Motia Khans first, second, and third floors comprise the shelters living
halls. Each floor is divided into two big halls. The shelters manager told
the team that one of the halls on the first floor is designated for single
male residents and couples without children. The manager shared that
30. The second hall on Motia Khans first floor is an open space occupied by
living space. The second and third floors have the same layout as the
(Colly).
31. Motia Khan employs five full time staff members: two managers and
three cleaning staff. On all three occasions, team only met the night
windows, smell of urine, and are kept in very unhygienic conditions; the
heating system for the families, space heaters or geysers to warm water
32. When the team asked to see the ladys bathroom on the first floor, the
night manager reported that the bathroom is locked after the cleaning
staff cleans it and not opened until the evening. The night manager only
explained that the Shelters residents would dirty the bathrooms if they
were kept open all day. The manager opened the bathroom after the
teams insistence. The bathroom had only two bathroom stalls, lacked
33. The night manager told the team that Motia Khan has only five bathing
areas. These are not separated by sex and when the team asked the
night manager to show it the ladys shower area, he pointed to the one
capacity for 400 persons must have at least 33 bathing areas. Motia
Khans five bathing areas mean that it has only 15% of the bathing
However, the Shelter does not have access to hot water or geysers, so
that in winter, residents must heat up water for bathing and washing.
During its visit, the team witnessed several families heating water and
keeping warm in the open rooms over small fires of rubbish. The shelter
has glass windows that can be opened for ventilation. Several of these,
35. On its third visit to the Shelter, the team spoke with two other female
residents. The first, Sona Johan, is thirty years old and is the mother of
two boys and two girls. Sona was born and raised in Delhi and has lived
gave birth to girl at the Shelter. Sona had no medical attendants during
her delivery. Her pregnancy was not registered and she received no
36. The second woman the team spoke to is Sabana Bai. Sabani is forty
years old and the mother of three boys and two girls. Sabana has lived
birth to a boy at the Shelter. Sona had no medical attendants during her
young adolescent girls, children and women. As such, they should have
38. The Shelter Manual 2010 recommends, among other things, the
evening.
medical problems.
illness:
Each shelter must be linked to a local hospital, with
39. Both women complained that they do not have enough food for their
French NGO visits Motia Khan every day, Monday through Friday, to
provide its residents with milk, this service is insufficient. Moreover, the
40. The challenges Priya Kale, Sona Johan, and Sabana face as pregnant
and lactating women in New Delhi 24 hours shelters are not unique to
them. Hundreds of women face these challenges and risk their lives and
41. In August 2010, Laxmi, a destitute pregnant woman, died on the streets
of New Delhi while giving birth to a baby girl. Prior to her death, Laxmi
had been denied access to New Delhi hospitals. At that time, many
hospitals run by the Government of New Delhi did not admit destitute
highlighted Laxmis death. Following the news article, this Honble Court
took the case suomoto, W.P. (C) 5913 of 2010. This Court then
Ultimately, the Court issued multiple Orders calling for the Government
of New Delhi to establish shelters for destitute or homeless pregnant
42. On 12 January 2011, this Honble Court issued an Order directing the
day that there were sufficient shelters in existence at the time to meet
the needs of pregnant and lactating women, this Honble Court held that
really does not take care of the situation obtaining in the ground
reality. True copy of order dated 12.01.2011 in W.P. (C) 5913 of 2010,
women face. The team found that the Government of New Delhi failed
the Court by the New Delhi Government, was never opened; two other
live on the streets across New Delhi, in virtually the exact location of
44. Petitioner states and submits that pregnant and lactating women and
their children are the most vulnerable of the homeless residents. They
are in such pitiable conditions that pregnant and lactating women and
their children are forced to share their living spaces at Motia Khan with
45. The team found that most of the residents at Motia Khan, particular
children, were half naked and that elderly frail people have to make do
Public Union for Civil Liberties vs.Union of India, I.A. Nos. 94 & 96 in
Writ Petition (C) No. 196 of 2001. In that case, the Honble Court issued
homes.
46. On 21st and 22nd January 2013, an HRLN team of activists conducted a
Jahangirpuri. The team found that the shelter at Kalkaji remains un-
unable to enter into the Jahangirpuri shelter and instead spoke to its
is 10 women and that the shelter is currently housing 7 women and six
children. Echoing the words of this Honble Court, this number is really
does not take care of the situation obtaining in the ground reality. W.P.
47. The Supreme Court of India has held in Chameli Singh vs. State of U.P.
48. The Honble Court further emphasized that "[s]helter for a human
adequate living space, safe and decent structure, clean and decent
and other civic amenities like roads etc. so as to have easy access to his
daily avocation. The right to shelter, therefore, does not mean a mere
right to a roof over ones head but right to all the infrastructure
49. That this Honble High Court in the case of Laxmi Mandal in [W.P. No.
(C) No. 8853 of 2008 & W. P. (C) No. 10700 of 2009] has given strict
marriage, receive rupees five hundred (Rs. 500) eight to twelve weeks
50. In July 2012, the United Nations Human Rights Council issued its
just, as well as effective, health system. Health systems are more than
their sexual and reproductive health needs fairly is a more just society.
In turn, claims for sexual and reproductive health goods, services and
52. Women have the right to survive pregnancy and live a productive life of
living at shelters like Motia Khan rob them of their futures and force
them into a pitiable and undignified life. These risks also violate the
53. The Petitioner craves leave of this Honble Court to file any additional
documents and affidavit during the course of the hearing in the interest
of justice if so advised.
GROUNDS
54. The Petitioner herein is filing this Petition before this Honble Court,
the Constitution of India as has been read into the ambit of the
Scheme (JSY);
(NMBS);
f. Because Respondent have failed to have safe space for the young
include, but are not limited to, the Universal Declaration of Human
j. Because this Honble Court has jurisdiction under Article 226 of the
children.
k. Because Petitioner has not filed any other petition seeking the
l. Because the Petitioners have not filed any other writ Petition before
this Honble Court or before any other High Court or before the
PRAYER
55. In view of the facts and circumstances of this petition, the Petitioner
mothers;
homeless hub (like the NDMC area and Jama Masjid) that
the streets;
shelters operation;
units;
(vii) For an order directing Respondents to ensure that
clinics; and
used.
Filed by
New Delhi
Date:
IN
VERSUS
To
The Chief Justice and His Companion Justices
Honble Delhi High Court
New Delhi
Humble Petition of the
Petitioner above-named
Most Respectfully Showeth:
1. The Petitioner has filed the accompanying writ petition seeking specific
accompanying petition are not repeated herein for the sake of brevity.
2. The Petitioner has just lost her new born baby and is in a weak health
condition. She is staying at Motia Khan shelter homes where the basic
amenities are not available to the residents. The shelter home lacks
facilities for hot bathing water, provision for health care, morning tea
etc whish are very important for the pregnant and lactating mothers.
3. The Petitioner has given birth to her baby in October 2012 and lost her
4. The fact finding team whose report has also been annexed in the main
petition, has also found that the conditions of the Motia Khan shelter
home is not very good and the facilities for basic amenities for the
benefit of pregnant and lactating mothers are not available. The team
also found out that the orders passed by Honble Supreme court of
India and this Honble Court in a number of cases have also not been
5. The Motia Khan shelter home also does not provide separate sleeping
quarters to the residents with families and hence the women and
6. There is also not any provision for taking the women to hospitals in
7. The Motia Khan shelter home also does not provide breakfast to its
10. In view of the facts and circumstances of this petition, the Petitioner
f. For any such other and suitable order/s as this Honble Court
Filed by
New Delhi
Date:
VERSUS
AFFIDAVIT
I, Priya Kale, aged 25 years, d/o Maryam Harange, w/o Dharma Kale, r/o
well conversant with the facts and circumstances of this case and
2. That I have been read over the contents of the writ petition and
DEPONENT
Verification
Verified at New Delhi on ______ th day of January of 2013 that the contents
of the Affidavit are true and correct to the best of my knowledge and nothing
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
IN
VERSUS
AFFIDAVIT
I, Priya Kale, aged 25 years, d/o Maryam Harange, w/o Dharma Kale, r/o
conversant with the facts and circumstances of this case and hence
2. That I have been read over the contents of the writ petition and
5. That the content of the affidavit have been read over to me and
DEPONENT
Verification
Verified at New Delhi on ______ th day of January of 2013 that the contents
of the Affidavit are true and correct to the best of my knowledge and nothing
DEPONENT