Rajiv Sharma, J.

On the oral prayer of learned counsel for the petitioner, Ministry of Social Justice and Empowerment, through its Secretary is added/arrayed as respondent no.8, in view of the letter addressed to one of us (Rajiv Sharma, J.) by the father of the inmate. Mr. Rakesh Thapliyal, learned Asst. Solicitor General appearing for Union of India has waived service of notice on behalf of newly arrayed respondent.

2. A question of grave public importance has been raised in the present petition (PIL) highlighting the molestation, rape, harassment and victimization of Nari Niketans inmates in the State of Uttarakhand, more particularly, in Nari Niketan, Kedrapuram, Dehradun.

3. It is averred in the petition that in the State, two inmates of Nari Niketan, Kedarpuram, Dehradun have died under mysterious circumstances. One deaf and dumb inmate has been subjected to rape/sexual harassment and forcible abortion. The death of two inmates is suspicious. The State has not taken any appropriate action to ascertain the cause of death of two inmates. One sweeper was arrested in sexual harassment of the deaf and dumb inmate of Nari Niketan, Kedarpuram, Dehradun. His DNA matched with the victim.

4. Petitioner has sought information under the Right to Information Act, 2005. Petitioner was informed that in the State of Uttarakhand, there are only three Nari Niketans i.e. Nari Niketan, Naugaon, District Uttarkashi, Nari Niketa, Narendra Nagar, Tehri Garhwal and Nari Niketan, Kedarpuram, District Dehradun. These three Nari Niketans are situated in Garhwal Division. There is no Nari Niketan in Kumaon Division.

5. Petitioner has sought information about the monthly allowance sanctioned to the inmates for their meals and other expenses. It was informed that the State Government has sanctioned Rs. 1,600/- per month for meal and other expenses.

6. A startling revelation has been made when 14 inmates of Nari Niketan, Kedarpuram, Dehradun were admitted in Doon Hospital. According to the news items which have appeared in the daily edition of vernacular newspaper, the inmates are living in inhuman conditions. The inmates of Nari Niketans are not allowed to go outside the Nari Niketans except to attend the Court proceedings and for medical treatment to hospital. The conditions of shelter homes are also very pathetic.

7. The mentally ill/retarded inmates are also kept in the Nari Niketans. There is no adequate facility of psychiatrists for these mentally ill/retarded inmates. The mentally ill inmates are residing in the Nari Niketans since 1999-2000, as per the information received under the Right to Information, Act.

8. The different Non-Governmental Organizations (NGOs’) are also running Nari Niketans/shelter homes.

However, the conditions of these Nari Niketans/shelter homes/children homes are also deplorable. No arrangements have been made for return of inmates to their homes. It is the duty of the State Government to make policies in furtherance of Articles 39, 39-A and 47 of the Constitution of India.

9. There is overcrowding in the Nari Niketans. In Nari Niketan, Kedarpuram, Dehradun, there are 111 inmates, as per the information supplied under the Right to Information.

10. Petitioner has prayed that prompt and effective steps be taken for providing required nutrition, medical facilities, adequate living standards and protection from sexual harassment to the inmates residing at Government Nari Niketans and shelter homes run by the Government as well as by NGOs’. An Inquiry Committee be constituted under the supervision of this Court to find out the culprits who were committing rape and forcible abortion of inmates of Nari Niketan, Kedarpuram, Dehradun. The inmates be made self-dependant. A mandamus be issued directing the respondents to take effective steps for increasing the number of Nari Niketans in the State in each district.

11. It has co