The duty of the State to provide necessary succor to the inmates, irrespective of their domicile or citizenship, and the unreasonable and arbitrary denial of old-age pension and disability pension to non-bonafide inmates as a violation of their basic rights.

Rajiv Sharma, J.

1. The Court has taken cognizance of the letter, dated 22nd December, 2014, whereby the plight of inmates of State Home for Destitute Women at Mashobra, District Shimla, has been highlighted. There are about 30 adult inmates housed in the State Home for Destitute Women at Mashobra, District Shimla. There is 6 years old boy also. The inmates are not provided with Sanitary Napkins. There is no Sweeper available between 5 p.m. to 10 p.m. There is no nurse to look after the mentally sick persons. There is no female nurse appointed at the State Home. There is no provision for psychological counseling. There is no boundary wall around the Home. They are neither provided newspapers nor magazines. Two minor girls aged 14 to 17 are also housed there. The inmates are not provided any disability pension. The inmates are not provided with old age pension, though they are 60 years old. The close relations of the inmates have not been contacted till date.

2. In the reply filed, it is admitted that on 31.01.2015, 34 inmates were enrolled in the State Home, which comprises of 32 adults, 1 minor girl, named Asha. Daughter of one of the inmate, namely, Smt. Sunita has now been shifted to Balika Ashram, Durgapur on 17.01.2015. Smt. Leela, Aya has been transferred from Children Home, Tutikandi to Nari Sewa Sadan, Mashobra. According to the averments contained in the reply, the inmates being mentally retarded are not able to handle and use the Sanitary Napkins. One daily waged Sweeper is working from 10:00 a.m. to 5:00 p.m. and the need for extra Sweeper shall be considered after assessing the situation. Since the staff sanctioned to this institution is not trained to attend/look after mentally ill women, who have been admitted in the Nari Niketan, the department has taken up the matter with the Health Department to shift the mentally ill inmates of Nari Niketan to Hospital for Mental Health and Rehabilitation, Boileauganj, Shimla. The inmates are got examined at IGMC. The Psychiatrists from IGMC, Shimla are visiting the State Home monthly. The trainer has been provided in the State Home, Mashobra to provide training on Cutting and Tailoring, Embroidery and making of soft toys to the inmates. A sum of Rs. 24,56,900/- for providing and fixing of fencing around the building of Nari Sewa Sadan, Mashobra has been procured from the Executive Engineer, HPPWD Division, Theog, District Shimla and the money would be sanctioned soon. Case of Neelam was pending for grant of old age pension. Damitri, being not bonafide Himachali, was not found eligible for old age pension. Case of Kamla for old age pension was being considered. Six inmates were produced before the District Medical Board for assessment of their disability on 27.02.2015 for granting disabled relief allowance after obtaining the disability certificate. Few inmates have been shifted to Old Age Home Basantpur. The efforts were being made to restore their kith and kin on the addresses mentioned by the inmates. Five inmates, namely, Saraswati Pal, Shayama Payari, Deepali, Muskanand Pooja Sahu have been restored to their kith and kin during the years 2012, 2013 and 2014. One inmate, namely, Ms. Bimla Devi was sent for vocational training in Vardhman Mills Baddi.

3. We are of the considered view that the prevailing conditions in the Aashram are not habitable. It is the duty of the State to provide all the basic amenities to the inmates taking into consideration the difficulties faced by them. Few of the inmates are mentally retarded, some are disabled. There is only one Sweeper available between 10:00 a.m. to 5:00 p.m. There is no female nurse appointed at the State Home. There is no provision for psychological counseling. There is no boundary wall around the Home. They are neither provided newspapers nor magazines. Few inmates have not been provided old age pension. Few inmates are denied the old age pension, though they are 60 years old. The close relations of the inmates ha