The Delhi High Court on Wednesday (August 7) directed the Secretary of the Social Welfare Department to take prompt action, including the recruitment of staff such as doctors, for the city government-run Asha Kiran shelter home for the intellectually disabled.
The shelter home has recently experienced the deaths of 14 inmates.
A bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela expressed sorrow over the recent deaths of a mother and son who fell into an open drain, as well as the three UPSC aspirants who drowned in a coaching centre’s flooded basement. The court addressed the officer, who mentioned that certain approvals and clearances were needed for decongestion and recruitment to prevent such tragedies, saying, “We have lost 14 lives in 20 days. Human lives today don’t have a cost. The day before, we dealt with the UPSC matter where three children lost their lives. Yesterday, we addressed a case where two people lost their lives. You must act with urgency. We may lose someone in the process.”
The secretary, who had been directed to visit the shelter home and file a report, noted that the establishment needs decongestion, as it currently houses 961 inmates, against a capacity of 570. The court was also informed of 12 vacancies in the medical cadre and positions vacant in the non-medical cadre.
The bench instructed the secretary to recruit personnel on a contractual basis to address the “emergency” and to “move the file” to the competent authorities for the required sanctions. If these are not granted, the court indicated it would issue a judicial order. “Decongestion is a top priority. Address the shortage of both medical and non-medical staff and empower the secretary to employ staff on a contractual basis,” the court said. “This is an emergency. Fourteen lives have been lost… Recruit the best. Don’t let us down. Make it a limited contract to allow for the initiation of permanent recruitment. You can complete the process in one year.”
The court scheduled a further hearing for August 12 and noted the secretary’s assurance that he would personally monitor the situation and address any emergent issues. “Since 14 lives have been lost in a short span of 20 days, this court impresses upon the secretary to take urgent and emergent steps to address the situation. He said he would seek the necessary clearances from the chief secretary and the lieutenant governor during the day,” the court’s order stated.
The secretary expressed confidence that the issues would be resolved soon. “At the ground level, things have to change. Status quo cannot continue,” the court emphasized. While the counsel for the Delhi government suggested invoking the disaster management law, the court affirmed that health services are essential.
The secretary reported that proposals were in progress to use buildings currently under the Municipal Corporation of Delhi and the Foreigners Regional Registration Office to address overcrowding, and the matter would be discussed with the relevant authorities. The court directed the officer to directly contact the MCD commissioner to request permission to use a building with a capacity of 200 persons. “Speak to the commissioner on the mobile phone. This is an emergency. Human lives are precious. Speak to the minister and get it done. You will get the place,” the court instructed.
The secretary mentioned that some dormitories facing severe heat due to being on the top floor would be made available soon after installing additional fans and exhausts, and the inmates currently in the air-conditioned auditorium could be relocated there. The court, however, asked the secretary to consider installing an AC in the dormitories and to provide mobile toilets for the inmates in the interim.
The counsel for the Delhi Jal Board stated that the water quality at the facility was satisfactory. The court was informed that inmates with tuberculosis were already in a separate building, and some other inmates might be moved to other shelter homes for the intellectually disabled.
The court also instructed the secretary to inform the chief secretary that “things are not good” at Asha Kiran and that a dedicated officer was needed there, as the current administrator was holding the post as an “additional charge.” “The situation calls for action. An officer can be withdrawn or relieved of other additional duties. Please speak to the chief secretary and get it done,” the court directed.
The petitioner’s lawyer claimed that medical staff had flagged certain issues, to which the secretary responded that “there were two sides” to the matter and that the issue had been resolved. “The superintendent had issued an order per the manual for a doctor and CMO to visit every dormitory and OPD. He showed me the register. Since April, not a single doctor visited the dormitory… Now they have started. There is now a common committee to supervise and issue a weekly report,” he said.
The court noted that the senior official was aware of the issues as he had already visited the shelter home. The court was hearing a public interest litigation seeking the formation of an independent committee led by a retired high court judge to investigate the incident.
