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2026 Supreme(Online)(Gau) 18034
HIGH COURT OF GAUHATI
Devashis Baruah, J
Bina Pani Bhattacharjee – Appellant
Versus
Union of India – Respondent
WP(C)/2420/2025
For the Appellants/Petitioners: D. Chakraborty
For the Respondents: R. K. D. Choudhury, A. K. Dutta, S. R. Baruah
The right to live with basic dignity, as a facet of Article 21 of the Constitution of India, mandates that the state must ensure habitable living conditions for inmates of public destitute homes through necessary repairs and welfare assistance.
Headnote:(A) Constitution of India - Art. 21 - Right to Life - Inmates of Destitute Home - Petitioners sought renovation and habitation improvements for a destitute home to ensure basic dignity and living conditions recognized as a facet of Article 21. (Para 3)
Facts of the case:
Ninety-nine inmates of a Central Destitute Home in Cachar filed a writ petition highlighting the dilapidated physical state of their dwelling, seeking government intervention for renovation under the Pradhan Mantri Awas Yojana-Urban to ensure basic amenities.
Findings of Court:
Recognizing the case concerns the right to life with dignity, the Court directed the Union and State governments to collaboratively prepare and submit a proposal for the renovation and repair of the destitute home.
Issues: Whether the state of the destitute home currently violates the fundamental right to life with dignity and whether the government is obligated to renovate the home.
Ratio Decidendi: The preservation of human dignity for inmates, as a facet of the right to life under Article 21, necessitates government intervention to ensure basic living standards in state-run homes.
Result: Matter listed as part-heard; government directed to consult and submit a renovation proposal.
| Table of Content |
|---|
| 1. the plight of destitute home inmates and their right to dignity. (Para 1 , 2 , 3) |
| 2. court intervention to enforce state duty to improve living standards. (Para 4 , 5 , 6) |
ORDER
Heard Mr. D. Chakraborty, the learned counsel appearing on behalf of the Petitioners and Mr. R. K. D. Choudhury, the learned Deputy S. G. I. assisted by Mr. A. K. Dutta, the learned counsel appearing on behalf of the Union of India. I have also heard Mr. S. R. Baruah, the learned Government Advocate appearing on behalf of the Social Welfare Department of the Government of Assam.
2. The Petitioners herein who are 99 (ninety-nine) in numbers admittedly belong to the marginalized class of the society residing as inmates in the Central Destitute Home, Meherpur, Silchar. The said destitute home was earlier established on a plot of land which was 57 Bighas. However, on account of the parts of the land being allotted to various institutes and organizations by the Government of Assam, at present, the destitute home is situated over a plot of land admeasuring 32 Bigahs 3 Kathas 12 Chataks.
3. The grievances of the Petitioners herein are that the pitiable state of affairs of the condition of the destitute home as there has been no repairs being carried out. It is under such circumstances, the Petitioners have joined together and filed the instant writ petition so that at least the benefits provided in the Pradhan Mantri Awas Yojana-Urban be provided so that the destitute home could be renovated and repaired thereby making it conducive for the inmates to reside there in a better living condition having basic amenities which is the facet of Article 21 of the Constitution of India.
4. Taking into account the scope of the present writ petition which touches upon the right to life of the Petitioners to live with basic dignity, this Court implores upon both the Central Government and the State Government more particularly the Ministry of Housing and Urban Affairs, Government of India and the Department of Social Welfare, State of Assam to place a proposal before this Court as to how the living conditions of the inmates who are the Petitioners herein can be improved by carrying out renovations and repairs.
5. List this matter again on 11.08.2026 showing it as part-heard.
6. In the meanwhile, the Central Government as well as the State Government in their respective Departments more particularly referred to hereinabove shall consult with each other in the aforesaid aspect and place a proposal on the next date.
