Disposed

Ms. Purnima Upadhyay v. State of Maharashtra and 4 Ors.

Bombay HC7 Mar 2013SMWP/113/2012

Case brief

AI extract

What is this about?

The High Court reviewed the report of the Family Court Judge regarding improvements at Navjeevan Mahila Vasti Gruha. Satisfied that basic amenities and rehabilitation are being addressed, the Court closed the suo motu proceedings while directing the Legal Services Authority to continue monitoring. The Court also directed financial compensation for the Judge, Amicus Curiae, and Court Committee memb

What did the court decide?

Proceedings closed;江水 & ARC to continue quarterly visits; Rs.10,000 deposited for Judge, Amicus, and Committee.

Ms. Purnima Upadhyay Vs State of Maharashtra and 4… — Writ and Judicial Review | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUO MOTU WRIT PETITION NO. 113 OF 2012

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Ms. Purnima Upadhyay ... Petitioner vs

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State of Maharashtra and others ... Respondents

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Mr. Vijay Hiremath for the petitioner. Ms. Shubhada Khot, Amicus Curiae for respondent. Ms. S. Sreedharan, AGP for State.

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Smt. Shobha Shelar, Superintendent of Navjeevan Mahila Vasti Gruha, present.

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API Ms. Anagha Satavase, Crime Branch, Unit 5, present.

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CORAM : MOHIT S. SHAH, CJ. & ANOOP MOHTA, J.

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DATE : 7 MARCH 2013

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P.C. :

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Pursuant to the orders dated 13 December 2012, 31 January 2013 and 13 February 2013, Ms. Swati Chauhan, Judge, Family Court, Mumbai, has submitted a report dated 2 March 2013.

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(i) While concluding the report, Ms. Chauhan has made the following general observations in para 24:-

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(a) Navjeevan Mahila Vasatigruh is now capable of providing basic amenities to the inmates and also give them a normal living condition.

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(b) The process of repatriation of Bangladeshi must be expedited for which the members of Task force must meet at short intervals.

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(c) At an earliest sustainable rehabilitation programme for inmates must be articulated and implemented by Women and Child Development Department, Maharashtra.

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(d) The inmates must not be kept detained at protective home beyond the period of intermediate custody unless there is a detention order and for which at the concerned must observe the object and time frame of Section 17 of ITPA.

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(ii) Apart from the above general observations, Ms. Chauhan has also pointed out that out of total 24 sanctioned posts, 4 posts are lying vacant, i.e. 2 posts of Probation Officers, 1 post of Counsellor and 1 post of Cook. Against 4 vacant posts, 3 employees are taken from other establishment to Navjeevan Mahila Vasatigruh on working basis.

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Learned A.G.P. Ms. Sreedharan states on instructions that though orders for one Probation Officer and one Counsellor have been issued, they have not yet joined.

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(iii) Ms. Chauhan has also recommended that training is required to be given to the staff members of Navjeevan Mahila Vasatigruh and that training has commenced from 1 March 2013. Ms.Chauhan has further recommended that staff members of Navjeevan Mahila Vasatigruh in group of five shall attend the training.

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We direct that the Maharashtra State Legal Services Authority shall impart and continue to give training to staff members of all other rescue homes in the State.

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(iv) As regards rehabilitation activities, Ms. Chauhan has noted that no substantial rehabilitation programme has been articulated so far. With the help of NGOs, training in paper bag making and candle making is conducted, but not regularly. The report, however, does refer to the Superintendent's proposal to start a project of manufacturing sanitary napkins, paper dish and paper bag within the premises.

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Learned A.G.P. has placed on record a copy of the Government Resolution dated 21 December 2012. The Resolution is taken on record and marked “X” for identification. Learned A.G.P. states that since administrative sanction and the budget of Rs.4,53,040/- is also sanctioned, the Superintendent will be in a position to start the above project by 31 March 2013.

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(v) The report also indicates that the doctor and the nurse attached to Navjeevan Mahila Vasatigruh do regular check up of inmates and in case of emergency or special treatment, the inmates are sent to Shatabdi Government Hospital, Chembur. For some special treatment, the inmates are sent to Local Government Hospital, Sion.

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(vi) Dr. Sushma Sonawane, a lady psychiatrist has also started visiting Navjeevan Mahila Vasatigruh from 15 January 2013 at fortnightly intervals.

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(vii) Various Committees are also formed being Food Committee, Cleanliness Committee, Cultural Committee, Sanitation Committee, and Medical Officer is head of all the Committees. For transparency, the Superintendent has agreed to invite members of different NGOs to be part of every committee.

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(viii) The report makes a detailed reference to the beautification of premises, library, furniture, security & vigilance, kitchen store room, sanitation and other issues.

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(ix) Various other administrative issues are also referred to in the report.

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(x) Last but not the least, the report states that as on 1 March 2013 there were 97 inmates and 3 infants at the above Navjeevan Mahila Vasatigruh, Deonar. Out of whom, 34 are Bangladesh women awaiting repatriation and 63 are Indian women (62 are in intermediate custody and 1 woman is under detention order of one year).

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Learned A.G.P. states that now there are 81 inmates, out of whom 34 are Bangladesh women including 2 women who are presently hospitalised undergoing treatment for minor ailments and the rest are Indian women. She further states that 9 permits are issued for Bangladesh women by the concerned authority and they will be repatriated shortly.

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The report dated 2 March 2013 of Ms. Swati Chauhan is taken on record and marked “Y” for identification.

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We are of the view that the suo motu public interest litigation has served the purpose and the proceedings need to be closed. Even while closing the judicial proceedings, we are of the view that Ms. Swati Chauhan should continue visiting Navjeevan Mahila Vasatigruh at least once in a quarter, i.e. once in 3 months, or at such frequency as Ms. Chauhan considers appropriate. The periodical quarterly reports shall be placed on record of this proceeding in the year 2013 and copies thereof shall be given to the learned A.G.P. as well as the learned Amicus Curiae by the Registry.

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So also, the Secretary of the District Legal Services Authority shall continue his periodical visits to Navjeevan Mahila Vasatigruh for legal awareness.

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Counsellor appointed by the District Legal Services Authority has assured that a Duty Counsel shall be appointed for visiting Navjeevan Mahila Vasatigruh. Duty Counsel shall also accordingly render the necessary services to the inmates of Navjeevan Mahila Vasatigruh as and when required including legal representation in court proceedings.

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We place on record our appreciation for the services rendered by Ms. Swati Chauhan and we find sea change, with her able guidance and monitoring, having been brought about in the premises as well as functioning and attitude of management of Navjeevan Mahila Vasatigruh as is evident from the report and the photographs produced by Ms. Swati Chauhan. We hope that the respondent authorities, including the Superintendent of Navjeevan Mahila

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Vasatigruh, will continue the efforts with the same spirit and in future also associate Ms. Swati Chauhan or any other lady Judicial Officer nominated by Ms. Swati Chauhan for developmental activities.

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We also place on record our appreciation for the assistance rendered by Ms. Shubhada Khot, learned Amicus Curiae, as also assistance rendered and the positive stand taken by Ms. Sreedharan, learned A.G.P.

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As regards the expenses incurred by Ms. Swati Chauhan for several visits and other expenses, the Women & Child Welfare Department shall deposit a sum of Rs.10,000/- within 4 weeks from today with the Prothonotary & Senior Master of this Court. Upon deposit of the amount, the Prothonotary & Senior Master shall issue an account payee cheque of Rs.10,000/- in favour of Ms. Swati Chauhan.

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The Women & Child Welfare Department shall also deposit a sum of Rs.10,000/- within 4 weeks from today with the Prothonotary & Senior Master towards the expenses of the Court Committee comprising of Dr. Harish Shetty and Dr. (Mrs.) Rashmi Karandikar. Upon deposit of the amount, he Prothonotary & Senior Master shall issue an account payee cheque of Rs.5,000/- each in favour of Dr. Harish Shetty and Dr. (Mrs.) Rashmi Karandikar.

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The statements and any other record collected by the Court Committee and lying in sealed envelopes shall be handed over to Ms. Anagha Satavase, Assistant Police Inspector, Crime Branch, Mumbai, for further investigation in accordance with law.

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It is clarified that this order for closure of proceedings is only for the suo motu public interest litigation and as far as the criminal proceedings are concerned, the Investigating Officer shall continue to investigate and take necessary action in accordance with law.

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With these observations and with the hope that this Court will not be required to initiate any such proceedings again for the rescue homes / shelter homes in the State of Maharashtra, we close these proceedings.

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CHIEF JUSTICE

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(ANOOP MOHTA, J.)

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Ms. Purnima Upadhyay v. State of Maharashtra and 4 Ors.

Case brief

What is this about?

What did the court decide?

Ms. Purnima Upadhyay v. State of Maharashtra and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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