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1981 Supreme(SC) 329

SUPREME COURT OF INDIA
UPENDRA BAXI
VERSUS
State of Uttar Pradesh
DECIDED ON: July 31, 1981

Headnote:

Suppression, of Immoral Traffic in Women and Girls Act, 1956 - Ss. (2)10, (2)17 and (2)19 - Constitution of India, 1950 - Article 21 - Order to Ensure - Scheme for vocational training and rehabilitation of inmates - Inmates of Protective Home at Agra do not continue to live in inhuman and degrading conditions - Petition filed by Dr. Baxi and Mrs Lotika Sarkar "as a last resort to compel government to leave present accommodation" and their sole object is to secure that building where Home is located may be vacated by government - We are surprised that such a baseless insinuation should have been made by a responsible person like Superintendent of Home - Suggestion of a collusion between the landlord of the building on the one hand and Baxi and Mrs Lotika Sarkar on the other, is most reprehensible and we unhesitatingly condemn it in the strongest terms - Mrs Lotika Sarkar have filed the petition as a "public interest" litigation with a view to ensuring to inmates of the Home the right to live. With human dignity enshrined in Article 21 of the Constitution and what they have stated in their petition and in subsequent memoranda filed by them is not only borne out by the report of Sharma, Chief Judicial Magistrate made but also by subsequent reports - We very much wish that such an insinuation had not been made by miss Srivastava – Held, We are surprised that the Order made by us should have been interpreted by Miss Srivastava or the Additional District Magistrate, City as an order to transfer Lalita to the Mental Home irrespective of the fact whether she was in such mental condition as deserved to be admitted to the Mental Hospital - We Had clearly stated in our Order that "lalita shall be transferred provided the Mental Home is prepared to admit her" - IF mental Home was not prepared to admit Lalita on the ground that she was not insane, but was only mentally retarded, we do not see how our Order could be utilised for the purpose of forcing Lalita into the Mental Asylum - We therefore direct that Lalita be immediately removed to the Home and that she may be examined by Dr. R. K. Jain, Reader in Psychiatry, S. N. Medical College, Agra for proper diagnosis and further Programme of treatment – Order accordingly

( 1 ) WHEN this writ petition came up for hearing before us on 8/05/1981 we made an order giving various directions in order to ensure that the inmates of the Protective Home at Agra do not continue to live in inhuman and degrading conditions and that the right to live. with dignity enshrined in Article 21 of the Constitution is made real and meaningful for them. We gave to the State government which is running thehome, the entire period of vacation for carrying out these directions. Miss Srivastava, Superintendent of the Home, has filed an affidavit before us setting out the action taken by the State government with a view to complying with these directions.

( 2 ) BEFORE we proceed to consider how far the directions made by us have been complied with we should like to mention that Miss Srivastava has insinuated in paragraph 2 of her affidavit that the present petition has been filed by Dr. Baxi and Mrs Lotika Sarkar "as a last resort to compel the government to leave the present accommodation" and their sole object is to secure that the building where the Home is located may be vacated by the government. We are surprised that such a baseless insinuation should have been made by a responsible person like the Superintendent of the Home. The suggestion of a collusion between the landlord of the building on the one hand and Dr. Upendra Baxi and Mrs Lotika Sarkar on the other, is most reprehensible and we unhesitatingly condemn it in the strongest terms. Dr. Upendra Baxi and Mrs Lotika Sarkar have filed the petition as a "public interest" litigation with a view to ensuring to the inmates of the Home the right to live. With human dignity enshrined in Article 21 of the Constitution and what they have stated in their petition and in the subsequent memoranda filed by them is not only borne out by the report of Shri N. K. Sharma, Chief Judicial Magistrate made on 18/11/1980 but also by the subsequent reports. We very much wish that such an insinuation had not been made by MISS Srivastava.

( 3 ) WE are also surprised to learn from paragraph 3 of the affidavit of Miss Srivastava that not a single woman or girl has been sent to the Home under Ss. (2) of S. 10 or Ss. (2) of S. 17 or Ss. (2) of S. 19 of the Suppression, of Immoral Traffic in Women and Girls Act, 1956 (hereinafter referred to as act ). The Home has been established by the government as a Protective Home under the Act and we fail to understand how is it that not a single woman or girl has ever been sent to the Home under the provisions of the Act. We should like to know from the State government as to how many Protective Homes established or licensed by the State government under the provisions of the Act and the Uttar Pradesh Suppression of Immoral Traffic in Women and Girls Rules, 1961 (hereinafter referred to as "rules") are there in the State of Uttar Pradesh and how many women or girls are sent to these Protective Homes under the provisions of the Act.

( 4 ) WE should also like to know from the Additional District Magistrate (City), Agra as to what are the circumstances in which and the provisions of law under which he has been sending women and girls to the Home in Agra. We should also like to know from the Additional District Magistrate (City), Agra as to how many women or girls he has sent to the Home every year during the last five years and what are the circumstances in which he ban so sent them. We may make it clear that we do not wish tosuggest for a moment that no women or girls whose cases do not fall within Ss. (2) of S. 10 or Ss. (2) of S. 17 or Ss. 2 of S. 19, but who are ir distress for want of shelter over their head, should be sent to the Home. The Home may legitimately and whenever possible should, provide protection to women and girls who are helpless on account of want of shelter or who are in need of protection. But, what we wish to know is how is it that no women or girls have so far been sent to the Home under the provisions of the Act and what are t


























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