Dismissed

P.S.Dheepthi v. The State of Tamil Nadu

Madras HC22 Mar 2019WP/6629/2019

Case brief

AI extract

What is this about?

Women students and workers challenged the constitutional validity of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 and its 2015 Rules, including the 120 sq.ft. per woman space norm. The High Court upheld the enactment as within the State's legislative competence and saved by Article 15(3), found no Article 14 violation, and dismissed the petition.

What the court decided

AI extract

P.S.Dheepthi Vs The State of Tamil Nadu — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.03.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and

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THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.6629 of 2019 and W.M.P.Nos.7454 and 7539 of 2019

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1.P.S.Dheepthi 2.S.Anusha 3.D.Jeevitha 4.M.Aparna 5.C.Rajeswari 6.V.Saraswathi 7.S.Vidhya .. Petitioners Vs. 1.The State of Tamil Nadu Rep by its Principal Secretary Social Welfare and Nutrition Meal Department Secretariat, Chennai - 600 009

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2.Soma Ladies Hostel Rep. by its Proprietor No.9/17, Tiruvalluvarpuram 1st Street Choolaimedu, Chennai - 600 094

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3.K.G.N. Ladies Hostel Rep. by its Proprietor No.1627, AJ Block 6th Street 13th Main Road, Anna Nagar Chennai - 600 040

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4.Anandham Ladies Hostel Rep. by its Proprietor 8, Kamala Street Sholinganallur, Chennai - 600 119 .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of declaration declaring the statutory provisions under impugned Act and the rules made thereunder, viz. Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014 and the rules framed thereunder, namely, Tamil Nadu Hostels and Home for Women and

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Children (Regulation) Rules, 2015 as illegal, unconstitutional, void ab initio and consequently to strike down the same.

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For Petitioner : Mr.N.Subramaniyan

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For Respondent 1 : Mr.E.Manoharan, Additional Government Pleader

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O R D E R

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(Order of this Court was made by S.MANIKUMAR, J.)

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Instant public interest litigation has been filed for a writ of declaration, declaring Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014 and the rules framed thereunder, namely, Tamil Nadu Hostels and Home for Women and Children (Regulation) Rules, 2015 as illegal, unconstitutional, void ab initio and consequently to strike down the same.

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The 1st petitioner is studying M.A. English Literature in Pachaiyappas College. Petitioners 2, 3 and 4 have passed B.L. degree in the year 2018 and are now working as juniors Advocates in the Madras High Court. Petitioners 5 to 7 are working women in private companies.

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It is the contention of the petitioners that pursuant to the decision taken by the Hon'ble Chief Minister of Tamil Nadu in the meeting held on 26.6.2014 with the object of ensuring maintenance, care and welfare of girl students, girl children, teen age girls and working women who are staying away from their homes, executive orders in G.O. Ms. No.31 dated 26.6.2014 which contain various guidelines, were issued. A perusal of the said Government Order would show that the said Government Order was passed hurriedly on the same day of the decision of the Hon'ble Chief Minister in this regard on 26.6.2014. After realising that executive orders could not be enforced, Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014, hereinafter referred to as "the Act" which was enacted and notified on 2.9.2014. Pursuant to the same, Tamil Nadu Hostel for Women and Children (Regulation) Rules, 2015, hereinafter referred to as "the Rules" were framed thereunder and notified in the Tamil Nadu Government Gazette on 21.2.2015. The petitioners are shocked to note that the Act and the rules made thereunder, instead of protecting the women and children destroys their freedom and independence in addition to making them jobless. Therefore, aggrieved by the same, the petitioners have filed this writ petition challenging the constitutional validity of the Act and the rules framed thereunder.

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Further case of the petitioners is that they are staying in women hostels, paying rent including boarding ranging from

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Rs.4,500/- to Rs.6,000/-. At present, in the hostels run by respondents 2 to 4 (Eg. Soma Ladies Hostel), 4 women are accommodated, in a room having a carpet area of about 120 sq.ft. (12 ft x 10 ft) with attached bath and 6 women are accommodated, in a room, having a carpet area of about 240 sq.ft. (20 ft x 12 ft) with attached bath. The position in other hostels are similar to this. Now, suddenly the hostel owners are demanding a rent ranging from Rs.15,000/- to Rs.30,000/- i.e. almost three to five times the existing rent and further, half of the inmates are also requested to search for some other accommodation on or before 1.3.2019. When the petitioners made an attempt to seek accommodation elsewhere in other hostels, the situation therein also is similar. Enquiry reveals that this additional demand of rent as well as the direction to vacate the hostels is due to the prescription of minimum of 120 sq.ft. requirement for each inmate, compulsory appointment of managers and security personnel that too by the retired police officials round the clock i.e. three shifts under the impugned Act.

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Petitioners have further contended that they had legal consultations and pursuant to the same they were instructed by the learned advocate to collect the details of men's hostels/mansions, lodges etc. and accordingly through their friends they enquired, in this regard they came to know that even in a room having a carpet area of 8' x 10', normally two to three men, are accommodated resulting space index of about 40 sq.ft. per inmate. Further, opposite to the 2nd respondent Soma Hostel, a men's hostel, namely, Amma nana hostel is located. In that hostel also, even in a room having carpet area of 100 sq.ft., 4 men are staying in space index of 25 sq.ft. per inmate. But, under the impugned rules, 5(2) it is mandated, a minimum of 120 sq.ft. per inmate, which is on the face of it offends right to equality and it is hostile discrimination, exclusively based on sex and thus making the petitioners and like women, to become shelterless.

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It is the contention of the petitioners that parents of 5th and 6th petitioners are uneducated and are farmers, and these petitioners alone have graduated in their family, and now working in private companies, namely Sun-Infotech, a BPO company and earning a monthly income of Rs.10,000/-, per month and paying a sum of Rs.5,500/- as rent, for boarding and they could save only a sum of Rs.1,000/- to 2,000/-.

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Some of the petitioners are studying using their savings to get better job opportunities. If the demand of the respondents hostels 2 to 4 is allowed to stand, then these petitioners have to leave Chennai losing their jobs, which is detrimental to the women empowerment and their financial independence and is also against the mandate of the Directive

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Principles of the State Policy, in addition to affecting the livelihood of the petitioners and similarly placed women. Further, it is pertinent to note that there is no such regulation for men hostels and several men, i.e. 4 or 5 are staying in a single room of size of 10' x 10', whereas, the impugned Act mandates a minimum of 120 sq. ft. per woman, without any basis. The 1st respondent has no power or authority to fix, space index which is the right of the petitioners to decide and elect depending upon their financial conditions. Where there is more space, the inmates have to spend a lot and hence it is for them to choose and stay, and it is not for the State to mandate.

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Petitioners have contended that in villages, in a single room of about 160 to 200 sq.ft. entire family of even 6 members are living without any privacy, but the Act, under Section 25(g) r/w Rule 5(2) of the Rules made thereunder mandates to provide a minimum of 120 sq.ft. irrespective of the locations, viz., Corporations, Municipalities, Panchayats etc. making the provisions as irrational and arbitrary. Further, recently, the State themselves have declared to pay, as an one time measure, an amount of Rs.2,000/- to poor families and if the strength of a family is taken as 4, it works out to about 2.50 Crores population and none of their children could afford to stay in the hostels, because of the impugned provisions and they have to lose their jobs and return to their villages. Their enquiry reveals that the 1st respondent has neither conducted any study nor analysed the conditions of working women and the ill effects of the impugned provisions on the livelihood of the women, but arbitrarily imposed various conditions, on women including prescription of space index of 120 sq.ft. per inmate, purely mechanically obeying the decision of the Hon'ble Chief Minister without any basis and hence the same is liable to be declared as unconstitutional and struck down.

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It is the further contention of the petitioners that they have jointly decided to stay in apartments by taking a flat for rent, but the flat owners are not ready to rent the flats for a spinster, even though the reasons they openly say are different. Further, they were legally advised to state that as per the provisions under Section 2(e), definition of hostel, the Act would apply even if 5 or 6 women takes a flat or a separate house for rent and the owner of the building has to provided a manager and securities therefor.

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It is the further contention of the petitioners that engagement of a manager and securities round the clock would be a financial burden on the inmates, as the salary of them, along with a profit margin for the owner would ultimately is to be borne by the inmates. Petitioners have submitted that when the

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police is taking care of the safety of the entire populace free of cost, it is not known as to why the 1st respondent forces the women staying out of their family alone to spare the cost of their security.

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It is the further contention of the petitioners that the inmates could be affected either by theft of their properties or by sexual harassment and nothing more. When there is theft in any normal house, the Crime Branch Police will look into it. Similarly, if there is any theft within the hostel, the Crime Branch Police has to tackle it. Further, there is no guarantee that the security personnel appointed will prevent the theft. Similarly, sexual harassments are faced by the women only during travel in the bus and in the working place and not at all in the hostels where all the inmates are women. Even the incidences such as installation of CCTV cameras in the hostel rooms and bath rooms discretely by a hostel owner in Alandur unearthed recently could not be stopped, in any manner, even under this Act, as the security who stands outside the premises, has no role to prevent the same, he would be an appointee of the hostel owner. Therefore, the petitioners are constrained to state that the impugned Act in no way safeguards the interests of the women inmates of a hostel and hence the Act has been passed without any purpose and only detrimental to the interests of the working women.

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Petitioners have further contended that when the inmates are women, having age of more than 18 years and being majors, no one could control their movements and hence appointment of a Manager serves no purpose, except to burden the inmates financially and interfere with their privacy and freedom of movement, guaranteed under Article 19 of the Constitution of India. Apart from the same, the State has no powers or authority to regulate the living standards of women who reside privately. Further, when more than 30% population is below poverty line and defined as having income of Rs.32/- per day for rural areas and Rs.47 per day for urban areas, it is impossible for the women to afford to stay, in such luxury rooms, paying such huge amount as rent, and hence the impugned Act is ultra vires of the Constitution of India. When 30% population is stated to be living in poor standards of living, it is not known as to why the State have prescribed such luxury standards for working women. It is not only discriminatory, but also manifestly arbitrary, as none of the relevant factors, such as the income and affordability of the working women, impact of the Act on them, the actual cost of accommodation etc., had been considered before passing the Act. The petitioners have contended that the entire legislation has been passed arbitrarily without any cause, and without any purpose. Petitioners have submitted that it is the rights of the inmates, to have a manager to manage the

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affairs, their joint accommodation, and State has no powers/authority, to force a manager to administer their residence without their desire. Therefore, the impugned Act and the rules framed mandating to appoint a manager or security personnel for the women hostel that too, round the clock without the consent/desire of the inmates, is without authority and ultra vires of the Constitution of India and hence the Act is liable to be struck down.

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It is the further contention of the petitioners that they have their right to elect the hostel, and their right to stay based on their financial conditions and as a matter of right to suffer with lesser space index, so as to save more money to help their poor families. It at all the 1st respondent is interested to provide such luxury accommodation with cheaper rates, State should have constructed women hostels and provided accommodation at a cheaper rent.

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According to the petitioners, their enquiry revealed that throughout the State there are only 28 Nos. of working women hostels and 3 of them are at Chennai to accommodate 170 inmates. Out of the three hostels available at Chennai, two are defunct, now and only one Hostel is functioning with a inmate capacity of 50 persons. But, enquiry of the petitioners revealed that there are about 5000 hostels in Chennai and roughly, about 4 laksh women are staying in these hostel. If the Act is implemented fully, more than 2.00 Lakhs women, would be in streets, without accommodation and consequently, would lose their jobs, and have to return to their native villages. Therefore, the 1st respondent, having failed in their duties, enacted the impugned Act, depriving women of their basic rights of livelihood, shelter, financial independence and empowerment, and would deny the working women, the mandate of the Directive principles of the Constitution of India, under Article 38(2) and 39(a).

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It is the further contention of the petitioners that if at all the State is interested to protect the interests of the women, the impugned Act should have provisions for fixing a ceiling on the rent, by the land owners, to be paid by those who have, availed by the petitioners, students and others employed and pursuing education, and without any ceiling on rent, the Act mandates to provide facilities and space index uniformly irrespective of the locations and cost of living and the value of the lands/buildings viz. cities, towns or villages, thereby treating all the different places, equally violating the the mandate of Article 14 of the Constitution of India. It is pertinent to note that even though they are using the premises only as residence, the owners are collecting Electricity charges under commercial tariff illegally. Therefore, the impugned further burden the petitioners like working women and hence the

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impugned Act is detrimental to the interest of the working women and it is an legislative attempt for disempowering the working women which is blatent violation of the rule of equality and hostile discrimination exclusively based on sex and hence the impugned provisions of the Act is liable to be struck down.

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Based on the above contentions, Mr.N.Subramaniyan, learned counsel for the petitioners put-forth his arguments. We called for the original G.Os and perused.

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Files disclose that in 2014, the Hon'ble Chief Minister, in a meeting decided to take immediate steps to enhance the security and prevent acts of violence against children and women, who are accommodated in facilities away from Homes. Hon'ble Chief Minister's report dated 26.06.2014, is extracted hereunder:-

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gjpntl;oy; tpLjp fhg;ghsu; gjpt[ bra;a ntz;Lk;/ nkYk; tpLjpapy; j';fpapUg;gtu;fs; mtu;fs; J}';fr; bry;tjw;F Kd;g [ fzf;bfLf;fg;gl ntz;Lk;/ 13/ j';fpapUg;gtu;fisr; re;jpf;f ghu;itahsu;fshf mtu;fSila bgw;nwhu; my;yJ m';fPfhpf;fg;gl;l ghJfhg;ghsu;fis kl;Lnk mDkjpf;f ntz;Lk;/ 14/ epu;zapf;fg;gl;l neuj;jpy; tuntw;giwapy; kl;Lnk ghu;itahsu;fis ghJfhg;ghsu;fspd; fz;fhzpg;gpy; mDkjpf;f ntz;Lk;/ 15/ btsp egu;fs; fl;llj;jpDs; EiHtJ Kw;wpYkhf jil bra;ag;gl ntz;Lk;/

¶71

16/ ,sk; FHe;ijfs; kw;Wk; tsu; ,sk; bgz;fis fhz tUk; ghhu;itahsu;fspd; re;jpg;g[ fz;og;ghf tpLjpf; fhg;ghsu; fz;fhzpg;gpw;Fl;gl;L eilbgw ntz;Lk;/

¶72

17/ rpW taJila Mz; kw;Wk; bgz; FHe;ijfs; kw;Wk; tsu; , sk; bgz;fs; Mfpnahiu tpLKiw ehl;fspy; tPl;ow;F mDg;g[k; nghJ. mtu;fSila bgw;nwhu; - ghJfhg;ghshplk; me;j tpLjp fhg;ghsu; xg;gilf;f ntz;Lk;/ ve;j neuj;jpYk; jdpahfnth btspahl;fSlndh mDg;gf; TlhJ/

¶73

18/ tpLjpf; fhg;ghsu; - ghJfhtyu; ghh;itahsu;fis tpLjpf;Fs; EiHa mDkjpf;ff; TlhJ/ 19/ ghu;itahsu; g[j;jfk; tpLjpf; fhg;ghsuhy; guhkhpf;fg;gl ntz;Lk;/

¶74

20/ ghu;itahsu; g[j;jfj;jpy; bgau;. Kfthp. cwt[ Kiw kw;Wk; re;jpg;gpw;fhd nehf;fk; Mfpait gjpt[ bra;ag;gl;L ghu;itahsuhy; ifbahg;gk; ,lg;gl ntz;Lk;/ m';F gzpg[hpa[k; gzpahsu; xUtuhy; nkbyhg;gk; ,lg;gl ntz;Lk;/

¶75

21/ tpLjpf; fhg;ghsu; kw;Wk; ghJfhtyu; MfpnahUf;F g [ifg;glj;Jld; Toa milahs ml;il tH';fg;gl ntz;Lk;/

¶76

22/ bgw;nwhu; kw;Wk; m';fPfhpf;fg;gl;l ghJfhg;ghsu;fSf;Fk; g [ifg;glj;Jld; Toa milahs ml;il tH';fg;gl ntz;Lk;/ 23/ tpLjpf; fhg;ghsu; kw;Wk; ghJfhtyu;fsJ bjhiyngrp vz; kw;Wk; Kfthp Mfpait fhg;gfj;jpd; Kd;thapypy; vspjpy; fhzf; Toa tifapy; ghu;itapy; itf;fg;gl ntz;Lk;/

¶77

II. tpLjpf; fhg;ghsu; kw;Wk; ghJfhtyu; epakd';fSf;fhd bewpKiwfs; 1/ tpLjpf; fhg;ghsu; kw;Wk; ghJfhtyu;fshf Kd;dhs; Fw;wthspfs; kw;Wk; re;njfj;jpw;fplkhdtu;fs; epakpf;fg;gLtij jtph;f;Fk; bghUl;L epakpf;fg;gl cs;stu;fspd; Ke;ija ed;dlj;ij gw;wpa rhd;wpjH;fis cs;S:u; fhty; JiwaplkpUe;J bgw;W. KGikahd ghprPyidf;Fg; gpd;dnu mtu;fs; epakdk; bra;ag;gl ntz;Lk;/

¶78

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¶79

2/ bjhw;W neha; cs;stu;fs; epakpf;fg;gLtij jtph;f;Fk; bghUl;L. epakpf;fg;gl cs;stu;fspd; kUj;Jt Mtz';fs; cs;S:u; muR kUj;Jtkidahy; rhd;wspf;fg;gl ntz;Lk;/ mtu;fspd; kd epiy kw;Wk; kd cWjpapid kjpg;gPL bra;a ntz;Lk;/

¶80

3/ muR my;yhj epWtd';fshy; elj;jg;gLk; fhg;gf';fspy; epakpf;fg;gLk; tpLjpf; fhg;ghsu; kw;Wk; ghJfhtyu;fSf;F nghJkhd mst[ Cjpak; tH';fg;gl ntz;Lk;/ ,t;thW tH';fg;gLk; Cjpak; rk;ge;jg;gl;l khtl;l Ml;rpauhy; mt;tg;nghJ eph;zapf;fg;gLk; Fiwe;jgl;r Cjpaj;jpw;F Fiwahky; ,Uf;f ntz;Lk;/

¶81

III. khtl;l epu;thfj;jpdhy; fz;fhzpf;fg;gLtjw;fhd tHpfhl;L bewpKiwfs; 1/ rpW taJila Mz; kw;Wk; bgz; FHe;ijfs;. tshpsk; bgz;fs; kw;Wk; kfspu; j';Ftjw;fhf mikf;fg;gl;Ls;s midj;J tpLjp - ,y;yk; - miktpl';fs; khtl;l Ml;rpau; mYtyfj;jpy; gjpt [ bra;tij cWjp bra;jpl khtl;l epu;thfk; midj;J eltof;iffisa[k; nkw;bfhs;s ntz;Lk;/

¶82

2/ gjpt[ bra;ag;gl;l tpLjpfs; - ,y;y';fs; - miktpl';fs; Fwpj;j gl;oay; Kiwahd Ma;t[ kw;Wk; fz;fhzpg;gpw;fhf khtl;l fhty;Jiw fz;fhzpg;ghshplk; xg;gilf;fg;gl ntz;Lk;/ fhty; Jiwapduhy; nkw;bfhs;sg;gLk; nuhe;J gzpapy; ,j;jifa mikg;g[fis. Fwpg;ghf ,ut[ neu';fspy; fz;fhzpf;f khtl;l fhty;Jiw fz;fhzpg;ghsu; Vw;ghL bra;a ntz;Lk;. khjj;jpw;F xU KiwnaDk; nuhe;Jg; gzp gjpntL khtl;l fhty;Jiw fz;fhzpg;ghsuhy; Ma;t [ bra;ag;gl ntz;Lk;/

¶83

3/ khtl;l Ml;rpau;fs; j';fsJ khjhe;jpu rl;lk; kw;Wk; xG';F Tl;lj;jpy; ,j;jifa tpLjpfs; - ,y;y';fs; - miktpl';fspd; ghJfhg;g[ kw;Wk; eyd; Fwpj;j Ma;t[ nkw;bfhs;s ntz;Lk;/

¶84

4/ khtl;l Ml;rpahpd; jiyikapd; fPH; tUtha;. gpw;gLj;jg;gl;nlhu;. kpft[k; gpw;gLj;jg;gl;nlhu; kw;Wk; rPu;kugpdu; eyd;. Mjpjpuhtplu; kw;Wk; gH';Foapdu; eyd;. bjhHpyhsu; eyd;. rK:f eyk;. gs;spf; fy;tp. cau;fy;tp kw;Wk; cs;shl;rp epu;thfk; Mfpa Jiwfisr; rhu;e;j mYtyu;fis cs;slf;fpa midj;J khtl;l epu;thf mikg;g[fs; fz;fhzpg;g[ eltof;iffspy; <LgLj;jg;gl ntz;Lk;/

¶85

5/ tpLjpfs; - fhg;gf';fs;- miktpl';fspd; chpikahsu;fSf;F ghJfhtyu; epakdj;jpy; cjtpLk; tifapy;. khtl;lj;jpy; Xa;t[ bgw;w fhty; Jiw mjpfhhpfs;. Kd;dhs; ,uhQqtj;jpdu; kw;Wk; Cu;f;fhty; gilapdu;fsJ gl;oaiy fhty; Jiw jahhpf;f ntz;Lk;/

¶86

6/ murhy; tFf;fg;gl;l tHpfhl;L bewpKiwfis nkw;fz;l , y;y';fs; gpd;gw;Wfpd;wdth vd;gij FHe;ijfs; eyf; FG mt;tg;nghJ Ma;t[ bra;a ntz;Lk;/

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https://hcservices.ecourts.gov.in/hcservices/

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7/ tpLjpfs; - ,y;y';fs;- miktpl';fspy; j';fpapUg;gtu;fs; cly; hPjpahfnth kw;Wk; cs hPjpahfnth ghjpf;fg;gLtij jLg;gJ fz;fhzpg;g[ mjpfhhpfshy; cWjp bra;ag;gl ntz;Lk;/

¶89

8/ ghjpg;gpw;Fs;shff; Toa epiyapid fUj;jpw; bfhz;L. khtl;l Ml;rpauhy; ,t;tpy;y';fs; tifg;gLj;jg;gl;L njitahd fz;fhzpg;g [ ,af;fKiw totikf;fg;gl ntz;Lk;/

¶90

IV. tpsk;guk; kw;Wk; tpHpg;g[zu;t[f;fhd tHpfhl;L bewpKiwfs;

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1/ ,j;jifia mikg;g[fs; khtl;l epu;thfj;jplk; cldoahf gjpt

¶92

[ bra;tij cWjp bra;jpl cs;S:u; Clf';fs;. bjhiyf;fhl;rpfs; kw;Wk; gj;jphpiffspd; thapyhf epfH;r;rpfs; kw;Wk; tpHpg;g[zu;t

¶93

[ Kfhk;fSf;F khtl;l Ml;rpau;fs; Vw;ghL bra;antz;Lk;/

¶94

2/ jw;nghJs;s FHe;ijfs; cjtp vz; 1098?I gad;gLj;Jtjw;F khtl;l epu;thfk; jFe;j tpsk;guk; bra;a ntz;Lk;/

¶95

3/ ghJfhtyu; kw;Wk; tpLjpf; fhg;ghshpd; bjhiyngrp vz;Qqld; Toa ,t;tikg;g[fspd; gl;oay; bghJkf;fspd; jftYf;fhf khtl;l tiyjsj;jpy; Vw;wg;gl ntz;Lk;/ ,J. jFe;j gjpt[ bra;ag;glhky; ,a';Fk; mikg;g[fs; Fwpj;J khtl;l epu;thfj;jplk; bjhptpg;gjw;F kf;fis Cf;fg;gLj;Jk;/

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7/ ghypay; td;Kiwia Kw;wpYk; jLf;ff;Toa vdJ jiyikapyhd murpd; ,e;j tHpfhl;L bewpKiwfis eilKiwg;gLj;j tpLjpfspd; chpikahsu;fSk;. bgw;nwhu;fSk;. bghJkf;fSk; xj;JiHg;g[ ey;f ntz;Lk; vd;W md;g[ld; nfl;Lf; bfhs;fpnwd;/

¶97

b$ b$ayypjh jkpH;ehL Kjyikr;ru;

¶98

Outcome of the meeting is G.O.(Ms).No.31 Social Welfare and Nutritious Meal Programme (SN 5) Department, dated 26.06.2014, stipulating guidelines for regulating the homes/hostels for protection of boys/girl children/adolescent girls/women, who reside in places away their homes.

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Files disclose that the Directorate of Collegiate Education, Department of Adi Dravidar and Tribal Welfare and Backward Classes, have issued instructions regarding admission, maintenance of hostels, and action to be taken against the teachers/wardens. Instances of indiscipline, sexual harassment and many subjects, have been considered while the issuing guidelines, by the departments.

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For brevity, Government Orders and Instructions issued, are extracted:-

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G.O.Ms.No.31, SW & NMP Department, dated 26.06.2014:

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GOVERNMENT OF TAMILNADU

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Abstract

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Social Welfare and Nutrition Meal Programme Department - Children Welfare - Guidelines for maintenance and safety and welfare of Girl Children, Adolescent Girls and Women staying outside their homes, and those stay in Children’s home, Girl students Hostel, working women Hostel- Orders- issued

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SOCIAL WELFARE AND NUTRITION MEAL PROGRAMME (SW5) DEPARTMENT G.O (Ms) No.31 Dated: 26.06.2014 Read: Hon’ble Chief Minister’s Review Meeting Orders - News Report, Dated 26.06.2014

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--------Order: Generally, Girl Children, Adolescent Girls and Women staying outside their homes stay in Children homes, Girl students hostel, Working Women’s Hostel, etc., The above mentioned institutions are generally being run by the Government, Non-Government Organizations, Trusts, Associations, Religious Institutions, Schools, Colleges, Training Institutes, Technical Education Training Institutes, Establishments/ Industries, private and private individuals. To ensure the maintenance, safety and welfare of the Girl students, Girl Children, Adolescent girls and working women who stay outside their homes, a review meeting headed by Hon'ble Chief Minister was conducted on 26.06.2014.

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In accordance with decision taken in the above meeting, orders are issued to publish the following new guidelines:-

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I. General Guidelines

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Generally, the Girl Children, Adolescent Girls and Women staying outside their homes stay in Children homes, Girl students hostel, Working Women’s Hostel, etc., The above mentioned institutions are generally being run by the Government, Non- Government Organizations, Religious Institutions, Schools, Colleges, Training Institutes, Technical Education Training Institutes, Establishments/Industries, private and private individuals. The institutions

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running hostels for Girl Children, Adolescent girls and women are Subjected to the following guidelines immediately:-

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The Hostels/ Homes/Accommodations should be housed / located in a building which complies with the conditions of building regulations and duly approved by the competent authority. The Hostels/Homes/Residences so established should have adequate satisfy measures and should be provided with required infra structure facilities.

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If the accommodations are for both boys and girls, the buildings should be provided separately for boys and girls.

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If the accommodations are for both boys and girls, the buildings should be provided separately for boys and girls. Due to unavoidable reasons, if the boys and girls are to be accommodated in the same building, they should be accommodated in separate rooms.

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In the Hostels/Homes/Accommodations for adolescent girls and women, women alone shall be appointed as warden/Care taker.

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There should be one warden/Care taker for every fifty inmates.

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To ensure safety and welfare of the inmates of the hostels, adequate security personnel shall be appointed to provide 24x7 service.

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In case of more than one entrance, Security Personnel shall be posted at Each and every entrance.

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The hostels/residences with more than 50 inmates, Closed Circuit Television camera /Digital Video recorder (DVR) shall be installed.

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Hostel/Warden/Security Personnel shall not take leave without prior permission or without the alternative arrangement. In their absence, the hostel owner should ensure appointment of responsible persons in their place. Either the warden or Assistant warden shall always be present.

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Unless for emergent reasons, the security personnel shall not be allowed inside the hostels accommodating adolescent girls and women. They shall stay in their rooms constructed at the entrance of the hostels.

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The hostels shall be located within compound walls on all four sides. The entry and exit openings shall have doors fitted with latches.

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The Warden of the Hostel shall enter in the daily attendance register the time at which the inmates leave the hostel and return to the hostels. Further, the head counts of the inmates shall be done

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before they go to bed at night.

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Only Parents or Authorized Guardians of the inmates alone shall be allowed as visitors to meet the inmates.

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The visitors shall be allowed to the reception hall only at the appointed time under the supervision of the warden.

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The entry of the outsiders shall be prohibited fully.

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The visitors shall be allowed to meet young children and adolescent girls only in under the supervision of the hostel warden.

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While sending the young girls and boys and adolescent girls to their family homes, the security personnel shall hand over them only their parents or their guardians. At any time, they shall not be sent alone or with outsiders.

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The Hostel warden/care taker shall allow the visitors in the hostel.

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Visitors book shall be maintained by the Hostel warden.

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The name, address, relationship and the purpose of visit shall be entered and signed by the visitor. I should be endorsed by an employee working herein.

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The warden and the security personnel shall be provided with photo identity cards.

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The parent or lawful guardian of the inmate shall also be provided with photo identity cards.

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The name, address and phone numbers of the warden and the security personnel shall be displayed at at a prominent place in the front entrance.

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II. Guidelines for Appointing Hostel/Homes Wardens and Security personnel

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To prevent the appointments of the former convicts and persons of doubtful character as warden and the security personnel, the conduct certificates as to the antecedents of the persons proposed to be appointed shall be obtained from the local police proposed to be appointed shall be obtained from the local police and appointments shall be made after full verification.

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To prevent the appointments of persons with contagious diseases, the medical documents of the persons proposed to be appointed shall be certified by the local Government hospital. Their mental conditions and mental stability shall be estimated.

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The wardens and security personnel of the hostels appointed in hostels run by non-governmental organisations shall be paid adequate salary. The

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salary so paid shall not be lesser than the minimum wages fixed by the District Collector.

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III. Guidelines for Monitoring by the District Administration

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The District administration shall take all steps to ensure registration of the hostels/Homes/accommodations in which young girls and boys, adolescent girls and women stay in the District Collector’s office.

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The list of registered hostels/homes/accommodations shall be handed over to the District Superintendent of Police for inspection and supervision. The District Superintendent of Police shall arrange to subject these hostels to the police beats, especially during nights. The District Superintendent of Police shall review the Register of beats at least once in a month.

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The District Superintendent of Police during the monthly review meeting on law and order shall also review the safety and welfare of the Hostels/Homes/Accommodations.

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The District Form comprising the officers belonging to the departments of Revenue, Backward classes, Most Backward classes and denotified communities welfare, Adidravidar and scheduled tribes welfare, Labour welfare, Social welfare, School education, Higher Education and Local Administration, headed by the District Collector shall be involved for the superintending activities.

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To help the owners of hostels/homes/accommodations in the appointments of security personnel, a list of the retired police officals, former military personnel and home guards shall be prepared by the District Superintendent of Police.

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The Children’s welfare Group shall inspect to ensure the adherence of the Guidelines framed by the Government by the above hostels.

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The prevention of suffering bodily and mentally by the inmates of the hostels/homes/accommodations shall be ensured by the supervising officers.

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On the method of Striking the Officers should monitor the Staying personnel in Hostels/Homes from mental or physical harassment.

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The hostels are to be classified based the possibility of their inmates subjecting to sufferings, and required supervisory mechanism shall be designed. IV. Advertisement and Awareness Guideline Protocol

¶154

To ensure registration of these organizations run by Non-Government Organizations, Trusts,

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Associations, Religious Institutions, Schools, Colleges, Training Institutes, Technical Education Training Institutes, Establishments/Industries, private and private individuals with the District Administrations, the District Collectors shall arrange programmes and awareness camps through local media, Televisions and news papers.

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The District administration shall do adequate advertisements to make use of the present Children Help line no.1098.

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In the public interest, the list of these organizations along with the phone numbers of wardens and security personnel shall be uploaded in the District web sites. This will encourage the people to make complaints to the District administration against the institutions running without registration.

¶159

All the departments shall ensure adherence of these guideline by the hostel/homes/accommodations running under their control. The Departments concerned shall issue necessary executive instructions to the field offices so as to follow and implement these guidelines.

¶160

This orders comes into force with immediate effect.

¶161

G.O.Ms.No.10, SW & NMP Department, dated 21.02.2015: Government of Tamil Nadu Abstract Social Welfare and Nutritious Meal Programme Department - Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 - Rules notified - Orders issued.

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Social Welfare and Nutritious Meal Programme (SW5)

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Department

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The appended notification will be published in the Tamil Nadu Government Gazette.

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The Works Manager,

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The Government Central Press, Chennai-600 079 (for publication in the Tamil Nadu Government Gazette)

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All Secretaries to Government, Chennai-600 009. All District Collectors

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All Commissioner of Police/All District Superintendent of Police (Through Commissioner of Social Welfare) The Commissioner of Social Welfare, Chennai-600 032. The Director of Social Defence, Chennai-600 010.

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The Director cum Mission Director, Integrated Child Development Services Schemes, Chennai-600 113.

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The Chairperson, Tamil Nadu State Commission for Women, Chennai-600 002.

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Copy to:

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The Law Department, Chennai-600 009.

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The Hon’ble Chief Minister Office, Chennai-600 009. All Special Personal Assistant to Ministers

¶176

The Personal Assistant to the Advisor, Tamil Nadu. Stock File / Spare copies

¶177

(By order of the Governor) //Forwarded by Order// P.M.Basheer Ahamed Secretary to Government

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APPENDIX NOTIFICATION

¶179

In exercise of the powers conferred by sub-section (1) of section 25 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, the Governor of Tamil Nadu hereby makes the following rules:-

¶180

Rules

¶181

Chapter-1 Preliminary

¶182

Short Title and Commencement.- (1) These rules may be called the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015.

¶183

(2) It shall come into force on the date of its publication in the Tamil Nadu Government Gazette.

¶184

Definitions.- In these rules, unless the context otherwise requires,-

¶185

(a) “Act” means the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014; (b) “Certificate of Registration” means registration order issued by the competent authority under rule 4;

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(d) "Form” means a form appended to these Rules;

¶189

(e) “Inmates” means women and children residing in the licensed or registered institutions like homes, hostels and lodging houses run by Government or NonGovernmental Organizations or Private or Religious Institutions or Factories or Enterprises etc.;

¶190

(f) “Licence” means a licence granted under section 5 of the Act;

¶191

(g) “Non Governmental Organisation” means an institution which is registered either under the Indian Trusts Act, 1882 (CA 2 of 1882) or the Tamil Nadu Societies Registration Act, 1975 (TN Act 27 of 1975) or the Companies Act, 2013 (CA 18 of 2013) or the Juvenile Justice (Care and Protection of Children) Act, 2000 (CA 56 of 2000) or any other Act.

¶192

Chapter- II

¶193

Licensing of Hostels, Lodging Houses and Homes for Women and Children

¶194

Procedure for issue of licence.- (1) Any person desiring to establish, maintain or conduct hostel, lodging house or home for women and children and any person who is entitled to continue the hostel, lodging house or home for women and children under sub-section (1) of section 6 of the Act shall make an application for licence in Form-I to the Collector.

¶195

(2) Every application for licence shall be accompanied by a fee of R.3,000/- (Rupees Three thousand only) in Banker's cheque or Demand Draft drawn in favour of the Collector.

¶196

(3) On receipt of an application for licence, the Collector shall cause an inspection of the institution with a team consisting of the following officers, within 20 days of the receipt of such application, namely:-

¶197

(i) an officer not lower in rank than the District Social Welfare Officer or District Child Protection Officer or Project Officer, Integrated Child Development Services Scheme or District Differently Abled Welfare Officer;

¶198

(ii) a representative from Health Department; (iii) Personal Assistant (Accounts) to Collector;

¶199

and

¶200

(iv) the Tahsildar or Deputy Tahsildar of the respective jurisdiction.

¶201

(4) The inspection team shall submit its report in Form II within a week from the date of its constitution.

¶202

(5) Upon receipt of the inspection report, the

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Collector may either grant a licence in Form III which will be valid for three years or reject the application:

¶205

Provided that before rejection of the application for grant of licence the applicant shall be given an opportunity to make his submission, if any, against such rejection.

¶206

(6) Renewal.- (i) Every application for renewal of the licence granted under sub-rule (5) shall be made to the Collector in Form I and shall be accompanied by fee of Rs.3000/- (Rupees three thousand only) in Banker’s cheque or Demand Draft drawn in favour of the Collector.

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(ii) An application for renewal shall be made not less than three months before the date of the expiry of the period of such licence:

¶208

Provided that the Collector may allow such application after the expiry of the aforesaid period but before the expiry of the period of the licence, if he is satisfied that the applicant was prevented by sufficient cause from applying for renewal in time.

¶209

(iii) The procedure for the renewal of the licence shall be the same as applicable to the issue of licence as specified in sub-rules (1) to (5).

¶210

(7) Appeal.- Any person who is aggrieved by an order of the Collector refusing to grant a licence or cancelling or suspending a licence may appeal to the Government or such authority as may be specified by the Government in this behalf within fifteen days from the date of receipt of such order:

¶211

Provided that the appellate authority may entertain an appeal after the expiry of the period specified above, if it is satisfied that the applicant was prevented by sufficient cause from preferring an appeal in time.

¶212

Chapter-III

¶213

Registration of Hostel or Lodging House or Home for

¶214

Women and Children

¶215

(1) Every home for women and children, by whatever name it is called, which is established, registered or maintained under any other law on or after the date of commencement of this Act, shall be registered under this Act within a period of six months from the date of such registration or establishment or maintenance as the case may be.

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(2) Every hostel or lodging House or home for women and children by whatever name it is called, which is in existence on the date of commencement of the Act and which has been established, registered or'

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maintained under any other law shall be registered under the Act within six months from the date of commencement of these rules. Subject to the provisions contained in sub.-section (5) of section 12 of the Act, those children homes, which have already been registered under the Juvenile Justice (Care and Protection of Children) Act, 2000 (CA 56 of 2000) shall also be registered under the Act.

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(3) If any hostel or lodging House or home for women and children, fails to apply for registration within the periods specified in sub-rules (1) and (2), action shall be initiated as per the provisions contained in sub-section (2) of section 20 of the Act.

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(4) The owner or manager of every hostel or lodging house or home for women and children referred to in sub-sections (1) and (2) of section 12 of the Act shall make an application for registration to the Collector in Form IV. The collector on being satisfied that an institution has complied with the provisions of the Act and these rules as regards registration, shall issue a certificate of registration in Form V.

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(5) The Collector shall, after issue of certificate of registration to a hostel or lodging house or home for women and children, enter in a register regarding the particulars of the name of institution, address, number and date of registration certificate issued, validity of the registration certificate in Form VI.

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Chapter - IV Appointment of Manager or Resident Manager

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Appointment of manager or resident manager.(1) Every person, who is appointed as manager or resident manager shall produce a certificate of fitness before appointment, in Form VII from a Medical officer not below the rank of a Civil Surgeon.

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(2) The manager or resident manager shall ensure accommodation facilities with an average space norms of 40 sq.ft. per child and 120 sq.ft. per woman.

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G.O.Ms.No.11, SW & NMP Department, dated 21.02.2015: GOVERNMENT OF TAMIL NADU Abstract

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https://hcservices.ecourts.gov.in/hcservices/

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Social Welfare and Nutritious Meal Programme Department - Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 - Specifying the Appellate Authority - Orders - Issued.

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Social Welfare and Nutritious Meal Programme (SW.5) Department

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G.O(Ms)No.11 Dated: 21/02/2015 Read:

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G.O.(Ms)No.31, Social Welfare and Nutritious Meal Programme Department, dated 26.06.2014.

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Act No.18 of 2014 Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014.

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G.O.(Ms) No.10, Social Welfare and Nutritious Meal Programme Department, dated 21.02.2015.

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ORDER:

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Under Section 10 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, (Tamil Nadu Act 18 of 2014), the Governor of Tamil Nadu hereby specifies the Commissioner of Social Welfare as the authority for the purpose of the said section 10 of the said Act.

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The Commissioner of Social Welfare, Chennai-600 002. The Director of Social Defence, Chennai-600 010.

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All District Collector (Through Commissioner of Social Welfare)

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The Director/Mission Direction, Integrated Child Development Schemes, Chennai-600 113.

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All Commissioner of Police/All District Superintendent of Police (Through Commissioner of Social Welfare)."

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G.O.Ms.No.12, SW & NMP Department, dated 21.02.2015: GOVERNMENT OF TAMIL NADU

¶241

ABSTRACT

¶242

Social Welfare and Nutritious Meal Programme Department - Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act , 2014 - Certain instructions - Orders issued.

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SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME (SW.5) DEPARTMENT

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https://hcservices.ecourts.gov.in/hcservices/

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G.O.(Ms.)No.12

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Dated 21.02.2015 Read:

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G.O.(Ms) No.31, Social Welfare and Nutritious Meal Programme Department, dated 26.06.2014.

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Act No. 18 of 2014 - Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014.

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G.O.(Ms) No.10, Social Welfare and Nutritious Meal Programme Department, dated 21.02.2015.

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ORDER:

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The Government of Tamil Nadu HAVE enacted the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 and in the Government order third read above the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, have been issued and notified.

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The district officials shall ensure that every institution which runs hostels, lodging houses or homes of women and children, adheres to the following while implementing the Act and Rules,

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I. (i) Duties and Responsibilities of Manager or Resident Manager:-

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As per the provisions contained in section 13 of the said Act, every person appointed to the post of Manager or Resident Manager shall,

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a) Ensure adequate and appropriate nutritious food is provided.

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b) Ensure daily menu chart is exhibited in the kitchen, dining hall and in the office room, stating the time for breakfast, lunch, snacks in the evening and dinner.

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c) Ensure the quality and sufficient quantity of food is served.

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d) Ensure that kitchen is maintained in clean hygienic manner.

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e) Ensure individual health record for children.

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f) Ensure regular doctor visit.

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g) Ensure regular medical check-ups and referral service.

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h) Ensure periodical updating of health records.

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i) Ensure special attention for children with learning difficulties.

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j) Ensure provision of recreational and cultural activities.

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k) Ensure the proper cleaning of toilets, floors, dormitories, rooms and entire premises.

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I) Arrangements for washing of children’s cloths.

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m) The profile for each child should be

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maintained.

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n) Respect the individuality of each child (Listening to them, individual care plan, periodical review of child case).

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o) Should maintain all relevant documents such as grant-in-aid ledger, cash book, cash voucher, ration stock, issue book, clothing and bedding stock file, donation register, etc.

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p) Ensure maintenance of Register for check-in and check-out time.

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q) Ensure authorised visitors only are allowed to visit the children and women.

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r) Ensure authorised persons only are allowed to take the children to home.

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s) Proper permission letter with all details should be taken from woman who go on leave.

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(ii) Duties and Responsibilities of Warden or Caretaker:-

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(i) Warden

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a) Maintaining database of the children and women housed in the hostels or lodging houses, homes for women and children and shall ensure that the residents in his or her charge, observe the hostel rules properly and maintain discipline and decorum.

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b) Arrangement of immediate medical assistance during sickness of residents.

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c) The warden shall be responsible for the proper upkeep and maintenance of such properties of the concerned hostels, lodging houses, homes for women and children which are under his or her charge.

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d) Regular interaction with the students.

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e) Supervise the work of hostel staff.

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f) Solve the day to day problems of the residents.

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g) Address all the issues of residents and to ensure peace during conflicts among them.

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h) Ensure the quality and quantity of food as per the minimum standards prescribed by the Government.

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i) Check the various registers and ledgers maintained by the caretaker and mess supervisor from time to time,

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j) Communicate with the parents/guardians of the residents.

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k) Maintain overall ambiance of such premises.

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I) Ensure proper maintenance of the rooms and such premises to check misbehaviour, indiscipline and sickness of the residents in her / his charge.

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m) Check for and to prevent substance abuse, consumption of alcohol, narcotic drugs and smoking or chewing of tobacco and its related products in the

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premises,

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n) Shall ensure that no student should stay away from her / his room during the night except with prior written permission. Any resident who wishes to leave the campus temporarily or otherwise, should obtain the permission of the warden in writing. Those applying for permission must state the date and time of her/ his intended departure and return as well as the destination and enter all these details in the in and out register maintained in every hostel.

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o) Warden shall restrict the resident to avoid singing aloud, shouting or making all types of noises which are likely to distract the attention of those who may be resident in the premises.

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(ii) Caretaker

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a) To ensure proper maintenance of the hostel rooms, common rooms, rest rooms, mess and entire premises.

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b) To ensure proper water supply and drinking water arrangement in the premises.

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c) Maintaining the record of the Guest/visitors.

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d) Maintain such requisite.

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e) Supervise the work of helper, gardener, sweeper and security personnel.

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II. Sanitation and Hygiene:-

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Every hostels or lodging houses or homes for women and children should be kept clean and well maintained to ensure hygiene and to keep a healthy environment. Dirt and Filth promote an unhygienic environment which is undesirable for the child or woman housed therein;

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Every such institution shall provide such facilities to the resident namely,

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a) Sufficient filtered drinking water; (water filters wherever necessary)

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b) Sufficient water for bathing and washing clothes, maintenance and cleanliness of the premises;

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c) Proper drainage system;

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d) Arrangements for disposal of garbage

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e) Sufficient number of well-lit and airy toilets

¶310

for children, women as per the strength of the inmates.

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f) Arrangements/space for washing clothes;

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g) Clean and fly-proof kitchen and separate area for washing utensils;

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h) Clean surroundings (proper waste management and disposal garbage)

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i) Special provisions have to be provided to adolescent girls or women (Providing napkins, incinerator)

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III. Nutrition and Diet Scale:

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Every hostels or lodging houses or homes for women and children shall follow the minimum standards in providing nutritious and diet to the inmates housed therein namely,

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a) The children / women shall be provided breakfast in the morning and meals twice in a day.

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b) Children / women shall be provided with special meals on holidays and festivals.

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c)Infants and sick children / women shall be provided special diet according to the advice of the doctor on their dietary requirement.

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d) The diet scale should include adequate quantities of cereals, pulses, vegetables, fruits, eggs, milk, and meat and fish in accordance with the local dietary habits.

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(ii) Instructions on Variation in Diet:

¶323

Three varieties of dal i.e., Thoor Dal, Green Gram and Bengal Gram shall be given alternatively.

¶324

The Officer in-charge shall be arranged to substitute chicken with fish at his/her discretion.

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On non-vegetarian days, vegetarian children shall be provided either 60 gm of Jaggery or 60gm of Groundnut seeds per head in the shape of laddus or any other sweet dish or 100 gm paneer.

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Potatoes shall be provided in lieu of vegetables once in a week.

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Leafy vegetables such as Fenugreek (Methi), Spinach (Palak), Gongura Thotakura or any other saag etc., shall be given once in a week. If a kitchen garden is attached to any institution, leafy vegetables, in addition to drumstick trees, curry leaves trees and coriander leaves, should be grown and given to the inmates housed therein and the officer in-charge should try to provide variety of vegetables and see that the same vegetable is not repeated for at least a period of one week.

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The officer-in-charge shall make temporary alternations in the scale of diet in individual cases when considered necessary by him/her or on the advice of the Doctor’s subject to the condition that the scale laid down is not exceeded.

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The basic purpose to be understood is that children or women should be provided nutritious and balanced food with variety, to the extent possible.

¶330

(i)(a)	Diet Plan for Chi	ldren:
S.No	Name of the food	Scal	e per head
	items	per	day

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(i)(a) Diet Plan for Children:
1. Rice/Wheat/Ragi/Jowa r 600 gm (700 gm for 16-18 yrs age) of which atleast 100 gm to be either Wheat or Ragi or Jowar
2. Dal/Rajma/Chana 120 gm
3. Edible Oil 25 gm
4. Onion 25 gm
5. Salt 10 gm
6. Turmeric 05 gm
7. Coriander Seed Powder 05 gm
8. Ginger 05 gm
9. Garlic 05 gm
10. Tamarind/Mango powder 05 gm
11. Milk (at breakfast) 150 ml
12. Dry Chilies 05 gm
13. Vegetables Leafy & Non-leafy 100 gm & 130 gm
14. Curd or Butter Milk 100 gm/ml
15. Chicken once a week or Eggs 4 days (115 gm)
16. Jaggery & Ground Nut Seeds or Paneer (Vegetarian only) 60 gm each (100 gm for paneer) Once in a week
17. Sugar 40 gm
(b) Following items for 50 Children per day
18. Pepper 25 gm
19. Jeera Seeds 25 gm 20. Black Gramdall 50 gm
21. Mustard Seeds 50 gm
22. Ajwain Seeds 50 gm
(c) On Chicken serving Day for 10 Kg. of
Chicken
23. Garam Masala 10 gm

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(i)(a) Diet Plan for Children:

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24.	Kopra 150 gm
25.	Khas Khas 150 gm
26.	Groundnut Oil 500 gm
(d) Fo	r Sick Children
27.	Bread 500 gm
28.	Milk 500 ml
(e) Ot	her Items
29.	LP Gas for Cooking only

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(iii) Diet Plan for Women:

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S.No Name of the food Scale per head
items per day
Sedentar Moderate
y Worker worker
1. Cereals and Millets 300 gm 360 gm
2. Pulses 60 gm 75 gm
3. Milk 300 ml 300 ml
4. Root and Tubers 100 gm 100 gm
5. Greens 100 gm 100 gm
6. Vegetables 100 gm 100 gm
7. Fruits 100 gm 100 gm
8. Sugar 20 gm 25 gm
9. Oil and Fat 20 gm 30 gm

¶338

Note: 50 gram of Non vegetarian diet viz., egg, chicken, mutton, fish etc to be provided on alternate days.

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(iv) Meal Timing and Menu:

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a) Breakfast at 8.00 a.m.

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Idli, Dosa, Pongal, Upma, Poori, Chapathis made of Rice/Wheat or Ragi or any other dish.

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Chutneys - fresh curry leave or fresh coriander or Coconut and Putinadal etc., dal / vegetable shall be provided.

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Milk

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Any seasonal fruit in sufficient quantity.

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b) Lunch at 1:00 pm and Dinner at 7.30 pm.

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(v) Others:

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Depending on the season, the officer in charge

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shall have the discretion to alter the time for distribution of food.

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On the advice of the Institution's Doctor, every sick child who is prevented from taking regular food, on account of his/her ill-health, shall be provided with medical diet, as indicated in diet scale.

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Extra diet for nourishment like milk, eggs and fruits shall be given to the children on the advice of the institution's Doctor, in addition to the regular diet, to pick up weight or for other health reasons and for the purpose of calculation of the daily ration, the sick children shall be excluded from the day's strength.

¶352

IV (1) Minimum Infrastructure for children home (with 50 children):

¶353

S.No DETAILS OF ROOM AREA (in
Sq.ft)
1. 40 sq.ft. per child X 50 2000
children
2. 2 classrooms 300 sq.ft. for 600
25 children
3. Sickroom or first aid room 750
75 sq.ft. per children for
10
4. Kitchen 250
5. Dining hall 800
6. Store 250
7. Recreation room 300
8. Library 500
9. 5 bathrooms preferably 125
sufficient water with tap
connection 25 sq. ft each
10. 8 toilets or latrines 200
preferably sufficient water
with tap connection 25 sq.
ft. each
11. (a) Office rooms 500
300 sq.ft.
(b) Superintendent's room
200 sq.ft
12. Counselling and guidance 120
room

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S.No DETAILS OF ROOM AREA (in
Sq.ft)
13. Residence for 625
superintendent or manager
or warden
(a) 2 rooms of 250 sq. ft
each
(b) kitchen 75 sq. ft.
(c) Bathroom cum toilet or
latrine 50 sq.ft.

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Explanation: Arrangements have to be made for segregation of girls and boys in dormitories, toilets and bathrooms.

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(2) Description of facility (buildings) for
women:
(a) Living room
Single room with : 8-9 sq.mt. per
bathroom resident (not
including bathroom)
Single room without : 8-9 sq.mt. per
bathroom resident
Double room with : 7.5-8 sq.mt. per
bathroom resident (not
including bathroom)
Double room without : 7.5-8 sq.mt.per
bathroom resident
Three - seater room : 7 - 7.5 sq.mt. per
resident
Dormitory : 6 - 6.5 sq.mt. per
resident
Bathroom preferably : 25 sq.ft. each
sufficient water with
tap connection
Toilet for latrine : 25 sq.ft. each
preferably sufficient
water with tap
connection
(b) Description of Facility (buildings or
other infrastructures):

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(i) Common room-2 sq.mt. per residents for at least 25% of the hostel strength, subject to a maximum of 60 sq.mt. (ii) Dining room / hall - 1 sq.mt. per

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resident for 50% of the hostel strength, subject to a maximum of 40 sq.mt.

¶361

(iii) Kitchen and store - 0.5 sq.mt. per diner subject to a maximum of 60 sq.mt.

¶362

(iv) Sick room - one room of 9.6 sq.mt

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Bathroom : 1 for every 6 - 8
residents
Toilet : 1 for every 6 - 8
residents
Wash basin : 1 for every 8 - 10
residents
Water closet : 1 for every 8
residents
V. Minimum amenities to be provided to Children
a. Bedding
S.No. Article Quantity to be
provided per child
1. Towels 4 per Year
2. Cotton Bed Sheets 2 per 2 Years
3. Pillow (Cotton 1 per 2 Years
stuffed)
4. Pillow Covers 2 per 2 Years
5. Woolen blankets 2 per 2 Years
6. Cotton Durry 2 per 2 Years
7. Cotton filled quilt 1 per 2 years (in
cold regions)
8. Mattress 1 per 2 years
9. Mosquito Net 1 per 2 years
b. Clothing for Girls
S.No. Article Quantity to be
provided per child
1. Skirts & Blouse or 4 sets per year
Salwar Kameez or for girls
Half Sari with depending on age
blouses and and regional
petticoats preferences
2. Banyans (1 Metre 6 per year for
each) younger girls

¶365

V. Minimum amenities to be provided to Children

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b. Clothing for Girls
3. Brassieres 6 per year for
older girls
4. Panties (1 Metre 6 per year
Cloth each)
5. Sanitary Towels 12 packs per year
for older girls
6. Woolen Sweaters / 2 in 2 years (in
Shawls cold regions)
c. Clothing for Boys
S.No. Article Quantity to be
provided per child
1. Shirts 4 sets per year
2. Shorts 4 sets per year
for younger boys
3. Pants 4 sets per year
for older boys
4. Vest 4 sets per year
5. Underwear 4 sets per year
6. Woollen Jerseys 2 in 2 years (for
cold regions)
7. Scarfs 2 in 2 years (for
cold regions
d. Miscellaneous Articles
S.No. Article Quantity to be
provided per child
1. Slippers 1 pair per year
2. Shoes 1 pair per year
3. School Uniform 2 sets per year
for children
attending outside
schools
4. School Shoes 1 pair per year
for children
attending outside
schools

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	d. Miscellaneous	Articles
5.	School Bag and	1 set per year for
	Stationery	children attending
		outside schools
6.	Handkerchiefs	6 per year

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e. Sanitation and Hygiene (Toiletry
S.No. Article Quantity to be
provided per child
1. Tooth Powder / 50 gm Paste Per
Paste Month
2. Tooth Brush 1 Brush per 3
Months
3. Soap 1 Large Bar Per
Month
4. Hair Oil 100 ml Per Month
5. Comb 1 Per Year
6. Washing Soap 1 Soap for One
Month (125 gm)
7. Whitening / To the extent
Bleaching agent required only for
white clothing.
8. Sanitary Pads for As per the Need
Girls
9. Serving Dishes as As per the Need
required
f. Maintaining the Homes in a Healthy and
Clean Environment
S.No. Item Scale of Supply
1. Broom Stick As per the area of
the institution.
2. DDT spray As per the
institution
Doctor's advice
3. Effective bugs As required
killing agent

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f.	Maintaining the Homes Clean Environ	in a Healthy and ment
4.	Phenyl and cleaning	Depending on the
	acid (daily)	area of lavatories
		to be cleaned as
		per institution
		Doctor's advice

¶373

VI. Inspection of Homes:-

¶374

(i) The inspection team appointed under rule 3 (3) of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 shall visit and oversee the conditions in the hostels, lodging houses and homes for women and children and appropriateness of the processes for safety, well being and permanence, review the standards of care and protection being followed by the institutions, look out for any incidence of violation of child rights, Women rights.

¶375

(ii) The inspection team shall also make suggestions for improvement and development of the hostels, lodging houses and homes for women and children

¶376

(iii) Other than the inspection team, the Revenue Divisional Officer / Sub-Collector shall also visit or inspect surprisely any of the hostels or lodging house or home for women and children, within their jurisdiction and shall send the inspection report to the District Collector, concerned.

¶377

(iv) The inspection shall be carried out at least once in two months.

¶378

(v) The inspection of hostel shall be carried out by not less than two members of the Committee.

¶379

(vi) The team shall visit the institutions either by prior intimation or by a surprise visit.

¶380

(vii) The team shall interact with the children / women during the visits to the institution, to determine their wellbeing and uninhibited feed back

¶381

(viii) The follow up action on the findings and suggestion of the children / women shall be taken by all concerned authorities.

¶382

(ix) The action taken report, findings and suggestions of the Inspection Committee shall be sent to concerned District Collector.

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¶384

(x) Based on the action taken report, findings and suggestions of the inspection team, concerned district Collector shall take appropriate action against the institution.

¶385

(xi) The action taken or compliance to the findings and suggestions of previous inspections shall be analysed by the inspection team. Failure to take satisfactory action to meet requirements/actions and recommendations shall be specifically incorporated in the inspection report.

¶386

(xii) Inspection should be transparent and consistent.

¶387

(xiii) Inspection team shall make their report against their evaluation using a five- point scale. Outstanding a service of exceptional quality that significantly exceeds minimum requirements.

¶388

Good a service of high quality that exceeds minimum requirements. Adequate a service that only meets minimum requirements. Inadequate a service that does not meet minimum requirements. Poor very unhygienic, not meeting barest minimum requirement.

¶389

(xiv) The seriousness of the failure to address the needs of the institution and its potential impact on outcomes for children and women should be considered carefully. Similarly, progress on the previous recommendations/suggestions shall be graded as good, adequate or inadequate progress. (xv) Inspection activities will include: 1. listening and talking to children and women 2. Observing staff interactions with the residents

¶390

Observing the key activities

¶391

Case file/ individual file of the residents

¶392

Examining records

¶393

Inspecting premises, facilities, health and safety arrangements

¶394

Discussions with the residents of the institution.

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¶396

State Legislature decided to introduce a bill to provide for regulation of hostels, lodging houses, homes for women and children and other like institutions and for matters connected therewith. The said bill, later became an Act, viz., "Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014". Statement of objects and reasons as proposed in the bill, are as follows:-

¶397

"The Government is fully committed to the protection, Welfare and well being of women and children. The safety and security of women and children have also been accorded the highest priority by the Government.

¶398

Girl children, adolescent girls and women staying away from their homes are usually accommodated in children's homes, girl's hostels, working women's hostels, etc. Such facilities are normally run by Government, Non-Government Agencies, Trusts, Societies, Religious Institutions, Institutions including Colleges and Schools, Coaching and Training Centres for Educational, and Vocational purposes, NonEducational Institutions, Corporates/Industrial Hoses, Individuals, etc. To ensure the safety, security and well being of women and children, staying in places away from their homes, the Government have framed new set of guidelines in G.O.Ms.No.31, SW & NMP Department dated 26.6.2014. The Government have also decided to regulate the Hostels, Lodging houses, Homes for women and children and other like institutions by enacting a law.

¶399

The Bill seeks to give effect to the above decision."

¶400

The Tamil Nadu Hostels and Homes for Women and Children (Regulation) Bill, 2014 was introduced by the Hon'ble Minister (SW&NMP) in the Tamil Nadu Legislative Assembly and the same was passed on 12.08.2014.

¶401

The Governor has assented to the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Bill, 2014 (L.A.Bill No.16 of 2014) on the 2nd September 2014 and the same has been published in an Extraordinary issue of part IV-Section 2 of the Tamil Nadu Government Gazette, dated 3rd September 2014 as Tamil Nadu Act 18 of 2014.

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¶403

File discloses that while considering the competence of the government to enact Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, Government of Tamilnadu, have considered the following entries in the VII schedule to the Constitution of India.

¶404

Entry I:-Public Order - State List

¶405

Entry 23:-Social Security - Concurrent List and observed that the Act is intra-vires the State Legislature.

¶406

(ii) The recommendation of the Governor under Clause (1) of Article 207 of the Constitution is not necessary.

¶407

(iii) If the draft Bill, when enacted and brought into force, would involve expenditure from the Consolidated Fund of the State, then the recommendation of the Governor under Clause (3) of Article 207 of the Constitution will be necessary. In that case, a Financial Memorandum will have to be prepared by Social Welfare and Nutritious Meal programme Department, in consultation with Finance Department, as required under Business Rule 45.

¶408

One of the contentions of Mr.N.Subramaniyan, learned counsel for the petitioner is that the Government of Tamilnadu is not competent to frame Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 and Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015.

¶409

Let us consider the meaning of "public order". Though in State of U.P and another vs. Sanjai Pratap Gupta Alias Pappu and others, reported in (2004) 8 SCC 591, the Hon'ble Supreme Court dealt with a case of a detenue, as to whether, his activities amounted to prejudicial to public order, warranting detention, the Hon'ble Apex Court explained the difference of law and order and public order. At paragraph Nos.7 to 13, the Hon'ble Supreme Court, observed as hereunder:-

¶410

"7. The crucial issue is whether the activities of the detenu were prejudicial to public order. While the expression “law and order” is wider in scope inasmuch as contravention of law always affects order, “public order” has a narrower ambit, and public order could be affected by only such contravention which affects the community or the public at large. Public order is the even tempo of life of the community taking the country as a whole or even a specified locality. The distinction between the areas of “law and order” and

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¶412

“public order” is one of degree and extent of the reach of the act in question on society. It is the potentiality of the act to disturb the even tempo of life of the community which makes it prejudicial to the maintenance of the public order. If a contravention in its effect is confined only to a few individuals directly involved as distinct from a wide spectrum of public, it could raise problem of law and order only. It is the length, magnitude and intensity of the terror wave unleashed by a particular eruption of disorder that helps to distinguish it as an act affecting “public order” from that concerning “law and order”. The question to ask is: “Does it lead to disturbance of the current life of the community so as to amount to a disturbance of public order or does it affect merely an individual leaving the tranquillity of the society undisturbed?” This question has to be faced in every case on its facts.

¶413

“Public order” is what the French call “ordre publique” and is something more than ordinary maintenance of law and order. The test to be adopted in determining whether an act affects law and order or public order, is: does it lead to disturbance of the current life of the community so as to amount to disturbance of the public order or does it affect merely an individual leaving the tranquillity of the society undisturbed? (See Kanu Biswas v. State of W.B. [(1972) 3 SCC 831 : 1973 SCC (Cri) 16 : AIR 1972 SC 1656] )

¶414

“Public order” is synonymous with public safety and tranquillity: “it is the absence of disorder involving breaches of local significance in contradistinction to national upheavals, such as revolution, civil strife, war, affecting the security of the State” [Ed.: See Supdt., Central Prison v. Ram Manohar Lohia, (1960) 2 SCR 821 at p. 839.] . Public order if disturbed, must lead to public disorder. Every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the ground that they were disturbing public order. Disorder is no doubt prevented by the maintenance of law and order also but disorder is a broad spectrum, which includes at one end small disturbances and at the other the most serious and cataclysmic happenings. [See Ram Manohar Lohia (Dr.) v. State of Bihar [(1966) 1 SCR 709 : 1966 Cri LJ 608] .]

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¶416

“Public order”, “law and order” and the “security of the State” fictionally draw three concentric circles, the largest representing law and order, the next representing public order and the smallest representing security of the State. Every infraction of law must necessarily affect order, but an act affecting law and order may not necessarily also affect public order. Likewise, an act may affect public order, but not necessarily the security of the State. The true test is not the kind, but the potentiality of the act in question. One act may affect only individuals while the other, though of a similar kind, may have such an impact that it would disturb the even tempo of the life of the community. This does not mean that there can be no overlapping, in the sense that an act cannot fall under two concepts at the same time. An act, for instance, affecting public order may have an impact that it would affect both public order and the security of the State. (See Kishori Mohan Bera v. State of W.B. [(1972) 3 SCC 845 : 1973 SCC (Cri) 30], Pushkar Mukherjee v. State of W.B. [(1969) 1 SCC 10 : (1969) 2 SCR 635], Arun Ghosh v. State of W.B. [(1970) 1 SCC 98 : 1970 SCC (Cri) 67 : (1970) 3 SCR 288] and Nagendra Nath Mondal v. State of W.B. [(1972) 1 SCC 498 : 1972 SCC (Cri) 227] )

¶417

The distinction between “law and order” and “public order” has been pointed out succinctly in Arun Ghosh case [(1970) 1 SCC 98 : 1970 SCC (Cri) 67 : (1970) 3 SCR 288] . According to that decision the true distinction between the areas of “law and order” and “public order” is “one of degree and extent of the reach of the act in question upon society”. The Court pointed out that: (SCC p. 100, para 3) “An act by itself is not determinant of its own gravity. In its quality it may not differ from another but in its potentiality it may be very different.” (See Babul Mitra v. State of W.B. [(1973) 1 SCC 393 : 1973 SCC (Cri) 353] and Milan Banik v. State of W.B. [(1974) 4 SCC 504 : 1974 SCC (Cri) 540] )

¶418

The true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach upon society. Acts similar in nature, but committed in different contexts and circumstances, might cause different reactions. In one case it might affect specific individuals only, and therefore touches the problem of law and order only, while in another it might affect public order. The act

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by itself, therefore, is not determinant of its own gravity. In its quality it may not differ from other similar acts, but in its potentiality, that is, in its impact on society, it may be very different.

¶421

The two concepts have well-defined contours, it being well established that stray and unorganised crimes of theft and assault are not matters of public order since they do not tend to affect the even flow of public life. Infractions of law are bound in some measure to lead to disorder but every infraction of law does not necessarily result in public disorder. Law and order represents the largest scale within which is the next circle representing public order and the smallest circle represents the security of State. “Law and order” comprehends disorders of less gravity than those affecting “public order” just as “public order” comprehends disorders of less gravity than those affecting “security of State”. (See Kuso Sah v. State of Bihar [(1974) 1 SCC 185 : 1974 SCC (Cri) 84], Harpreet Kaur v. State of Maharashtra [(1992) 2 SCC 177 : 1992 SCC (Cri) 370], T.K. Gopal v. State of Karnataka [(2000) 6 SCC 168 : 2000 SCC (Cri) 1037] and State of Maharashtra v. Mohd. Yakub [(1980) 3 SCC 57 : 1980 SCC (Cri) 513 : (1980) 2 SCR 1158].)"

¶422

Entry 23 of the Constitution list deals with Social Security - Concurrent List.

¶423

Statement of object and reasons, extracted supra would speak for itself that the Government of Tamilnadu have considered the safety and security of women and children, who should be accorded the highest priority. Government have already issued guidelines in G.O.(Ms).No.31 Social Welfare and Nutritious Meal Programme (SN 5) Department, dated 26.06.2014. Added further Article 15(3) of the Constitution of India, reads thus:-

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"15(3). Nothing in this article shall prevent the State from making any special provision for women and children."

¶425

A Combined reading of the Constitutional mandate under Article 15(3) of the Constitution of India, entries "Public Order, Entry I, Social Security - Entry No.23, in the concurrent list", would certainly empower the State Government to enact the Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014. Reading of Act and the rules also makes it clear,

¶426

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State Government have framed provisions, in consonance with the Constitution of India. In the light of the expression, Public Order, as explained by the Hon'ble Supreme Court in Sanjai Pratap Gupta's case, instant enactment and the rules framed would fall under the head, "Public Order", Entry I in State List. On the aspect of Entries in the three lists, in the Constitution of India, per majority, the Hon'ble Supreme Court, in State of West Bengal vs. Kesoram Industries Ltd. and Others reported in (2004) 10 SCC 201, held thus:-

¶428

"The various entries in the three lists are not "powers" of legislation but "fields of legislation. The entries in the lists being merely topics or fields of legislation, they must receive a liberal construction inspired by a broad and generous spirit and not in a narrow pedantic sense. The words and expressions employed in drafting the entries must be given the widest possible interpretation. This is because, to quote V. Ramaswami, J., the allocation of the subjects to the lists is not by way of scientific or logical definition but by way of a mere simplex enumeratio of broad categories. A power to legislate as to the principal matter specifically mentioned in the entry shall also include within its expanse the legislations touching incidental and ancillary matters."

¶429

Right of a women to have empowerment on the basis of the economic status is altogether different from the mandatory duty of the State to provide security and safety to the women and children. In the case on hand, in terms of the Constitutional mandate and in public order, State Government have framed the Act. Apprehension on privacy, dis-empowerment, are not well founded and even taking it for granted that there is any semblance of the same, that would not curtail the power of the State Government to enact laws in public order.

¶430

Statute itself indicates the persons to whom the provisions apply. In this circumstances, this Court is required to examine as to whether the classification is based on reasonable differentia, distinguished from the persons the group from those left out and whether such differentia has reasonable nexus with the object sought to be achieved. Whether the Act and rules framed satisfy the twin test namely, (i) the classification is founded on an intelligible differentia which must distinguish persons or things that are grouped together from others leaving out or left out and (ii) such a differentia has a rational nexus to the object sought to be achieved by the statute or legislation in question.

¶431

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¶432

Dealing with the contention of violation of Article 14 of the Constitution of India, the Hon'ble Supreme Court, (i) In State of West Bengal v. Anwar Ali Sarkar, reported in AIR 1952 SC 75, the Hon'ble Supreme Court, has observed as follows:

¶433

"17. Even from the point of view of reasonable classification, I can see no reason why the validity of the Act should not be sustained. As already pointed out, wide latitude must be allowed to a legislature in classifying persons and things to be brought under the operation of a special law, and such classification need not be based on an exact or scientific exclusion or inclusion. I cannot share the view of Das Gupta, J. that the expediency of speedier trial is "too vague and indefinite" to be the basis of a "well de-fined" classification. Legislative judgment in such matters should not be canvassed by courts applying doctrinaire "definite objective tests". The court should not insist in such cases on what Holmes, J. called "delusive exactness" (Truax v. Corrigan, 1921-257 U.S. 312 supra). All that the court is expected to see, in dealing with equal protection claims, is whether the law impugned is 'palpably discriminatory', and, in considering such a question great weight ought to be attached to the fact that a majority of the elected representatives of the people who made the law did not think so, though that is not, of course, conclusive. They alone know the local conditions and circumstances which demanded the enactment of such a law, and it must be remembered that "legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the Courts" (per Holmes, J. in Missouri K. & T. R. Co. v. May, [1880] 101 U.S. 22).

¶434

The Supreme Court, in the said judgment, has made the following observation:

¶435

The difference brought about by a statute may be of such a trivial, unsubstantial and illusory nature that that circumstance alone may be regarded as cogent ground for holding that the statute has not discriminated at all and that no inequality has in fact been created. This aspect of the matter apart, if a statute brings about inequality in fact and in substance, it will be illogical and highly undesirable to make the constitutionality of such a statute depend on the degree of the inequality so brought about. The adoption of such a principle will run counter to the plain language of Article 14."

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While deciding about the constitutionality of a statute in the light of Article 14 of the Constitution of India, a Constitutional Bench of the Supreme Court, after referring the earlier judgments regarding the intelligible differentia, in its landmark judgment in Ram Krishna Dalmia v. Justice S.R. Tendolkar, AIR 1958 SC 538 has narrated the established principles as follows:

¶438

"14. The principle enunciated above has been consistently adopted and applied in subsequent cases. The decisions of this Court further establish-

¶439

(a) that a law may be constitutional even though it relates to a single individual if, on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself;

¶440

(b) that there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles;

¶441

(c) that it must be presumed that the legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds;

¶442

(d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest;

¶443

(e) that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and

¶444

(f) that while good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain

¶445

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individuals or corporations to hostile or discriminating legislation."

¶447

In Ram Krishna Dalmia and Ors. vs. Shri Justice S.R. Tendolkar and Ors., [AIR 1958 SC 538], the Hon'ble Apex Court considered the inter-play of the doctrines of equality and classification and held:-

¶448

"It is now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely (i) that the classification must be found on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (ii) that that differentia must have a rational relation to the object sought to be achieved by the statute in question. The classification may be founded on different bases, namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration. It is also well established by the decisions of Supreme Court that article 14 condemns discrimination not only by a substantive law but also by a law of procedure."

¶449

Speaking for the Court, Chief Justice S.R. Das enunciated some principles, which have been referred to and relied in all subsequent judgments. These are:

¶450

"(a) that a law may be constitutional even though it relates to a single individual if, on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself;

¶451

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(c) that it must be presume that the legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made manifest by experience and that its

¶453

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discriminations are based on adequate grounds;

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(d) that the legislature is free to recognize degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest;

¶456

(e) that in order to sustain the presumption of constitutionality the Court may take into consideration matters of common knowledge, matters of common report, the history of times and may assume every state of facts which can be conceived existing at the time of legislation; and

¶457

(f) that while good faith and knowledge of the existing conditions on the part of a legislature are to be resumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and unknown reasons for subjecting certain individuals or corporations to hostile or discriminating legislation."

¶458

(ii) In Probhudas Morarjee Rajkotia v. Union of India, reported in AIR 1966 SC 1044, a Constitutional Bench of the Supreme Court, while interpreting Article 14 of the Constitution of India, held as follows:

¶459

"8. ...... It cannot be too strongly emphasized that to make out a case of denial of the equal protection of the laws under Art.14 of the Constitution, a plea of differential treatment is by itself not sufficient. An applicant pleading that Article 14 has been violated must make out that not only he had been treated differently from other but he has been so treated from persons similarly circumstanced without any reasonable basis, and such differential treatment is unjustifiably made."

¶460

(iii) In Western M.P. Electric Power & Supply Co. Ltd. v. State of U.P., reported in AIR 1970 SC 21, the Hon'ble Supreme Court held that Article 14 of the Constitution of India does not operate against rational classification. The relevant portion is as under:

¶461

"7. Article 14 of the Constitution ensures equality among equals; its aim is to protect persons similarly placed against discriminatory treatment. It does not, however, operate against rational

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classification. A person setting up a grievance of denial of equal treatment by law must establish that between persons similarly circumstanced, some were treated to their prejudice and the differential treatment had no reasonable relation to the object sought to be achieved by the law."

¶464

In Mohd. Shujat Ali vs. Union of India [1975 (3) SCC 76], the Hon'ble Supreme Court observed that Article 14 ensures to every person equality before law and equal protection of the laws. However, the constitutional code of equality and equal opportunity does not mean that the same laws must be applicable to all persons. It does not compel the State to run "all its laws in the channels of general legislation". It recognises that having regard to differences and disparities which exist among men and things, they cannot all be treated alike by the application of the same laws. "To recognise marked differences that exist in fact is living law; to disregard practical differences and concentrate on some abstract identities is lifeless logic." The Legislature must necessarily, if it is to be effective at all in solving the manifold problems which continually come before it, enact special legislation directed towards specific ends limited in its application to special classes of persons or things. "Indeed, the greater part of all legislation is special, either in the extent to which it operates, or the objects sought to be attained by it." At the same time, the Court cautioned against the readymade invoking of the doctrine of classification to ward off every challenge to the legislative instruments on the ground of violation of equality clause and observed:

¶465

"The equal protection of the laws is a "pledge of the protection of equal laws". But laws may classify. And, as pointed out by Justice Brawer, "the very idea of classification is that of inequality". The Court has tackled this paradox over the years and in doing so, it has neither abandoned the demand for equality nor denied the legislative right to classify. It has adopted a middle course of realistic reconciliation. It has resolved the contradictory demands of legislative specialization and constitutional generality by a doctrine of reasonable classification. This doctrine recognises that the legislature may classify for the purpose of legislation but requires that the classification must be reasonable. It should ensure that persons or things similarly situated are all similarly treated. The measure of reasonableness

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of a classification is the degree of its success in treating similarly those similarly situated."

¶468

"A reasonable classification is one which includes all persons or things similarly situated with respect to the purpose of the law. There should be no discrimination between one person or thing and another, if as regards the subject-matter of the legislation their position is substantially the same. This is sometimes epigrammatically described by saying that what the constitutional code of equality and equal opportunity requires is that among equals, the law should be equal and that like should be treated alike. But the basic principle underlying the doctrine is that the Legislature should have the right to classify and impose special burdens upon or grant special benefits to persons or things grouped together under the classification, so long as the classification is of persons or things similarly situated with respect to the purpose of the legislation, so that all persons or things similarly situated are treated alike by law. The test which has been evolved for this purpose is - and this test has been consistently applied by this Court in all decided cases since the commencement of the Constitution - that the classification must be founded on an intelligible differentia which distinguishes certain persons or things that are grouped together from others and that differentia must have a rational relation to the object sought to be achieved by the legislation."

¶469

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¶471

The doctrine of classification should not be carried to a point where instead of being a useful servant, it becomes a dangerous master, for otherwise, as pointed out by Chandrachud, J., in State of Jammu & Kashmir v. Triloki Nath Khosa the guarantee of equality will be submerged in class legislation masquerading as laws meant to govern well-marked classes characterised by different and distinct attainments". Overemphasis on the doctrine of classification or an anxious and sustained attempt to discover some basis for classification may gradually and imperceptibly deprive the guarantee of equality of its spacious content. That process would inevitably end in substituting the doctrine of classification for the doctrine of equality: the fundamental right to equality before the law and equal protection of the laws may be replaced by the overworked methodology of classification. Our approach to the equal protection clause must, therefore, be guided by the words of caution uttered by Krishna Iyer, J. in State of Jammu & Kashmir v. Triloki Nath Khosa: (at SCC p.42)

¶472

"Mini-classifications based on micro-distinctions are false to our egalitarian faith and only substantial and straightforward classifications plainly promoting relevant goals can have constitutional validity. To overdo classification is to undo equality."

¶473

[Emphasis added]

¶474

(iv) In Mohd. Shujat Ali vs. Union of India, reported in 1975 (3) SCC 76, the Hon'ble Supreme Court observed that, Article 14 ensures to every person equality before law and equal protection of the laws. However, the constitutional code of equality and equal opportunity does not mean that the same laws must be applicable to all persons. It does not compel the State to run "all its laws in the channels of general legislation". It recognises that having regard to differences and disparities which exist among men and things, they cannot all be treated alike by the application of the same laws. "To recognise marked differences that exist in fact is living law; to disregard practical differences and concentrate on some abstract identities is lifeless logic." The Legislature must necessarily, if it is to be effective at all in solving the manifold problems which continually come before it, enact special legislation directed towards specific ends limited in its application to special classes of persons or things. "Indeed, the greater part of all legislation is special, either in the

¶475

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extent to which it operates, or the objects sought to be attained by it." At the same time, the Court cautioned against the readymade invoking of the doctrine of classification to ward off every challenge to the legislative instruments on the ground of violation of equality clause and observed:

¶477

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persons or things that are grouped together from others and that differentia must have a rational relation to the object sought to be achieved by the legislation."

¶481

"We have to be constantly on our guard to see that this test which has been evolved as a matter of practical necessity with a view to reconciling the demand for equality with the need for special legislation directed towards specific ends necessitated by the complex and varied problems which require solution at the hands of the Legislature, does not degenerate into rigid formula to be blindly and mechanically applied whenever the validity of any legislation is called in question. The fundamental guarantee is of equal protection of the laws and the doctrine of classification is only a subsidiary rule evolved by courts to give a practical content to that guarantee by accommodating it with the practical needs of the society and it should not be allowed to submerge and drown the precious guarantee of equality. The doctrine of classification should not be carried to a point where instead of being a useful servant, it becomes a dangerous master, for otherwise, as pointed out by Chandrachud, J., in State of Jammu & Kashmir v. Triloki Nath Khosa the guarantee of equality will be submerged in class legislation masquerading as laws meant to govern well-marked classes characterised by different and distinct attainments". Overemphasis on the doctrine of classification or an anxious and sustained attempt to discover some basis for classification may gradually and imperceptibly deprive the guarantee of equality of its spacious content. That process would inevitably end in substituting the doctrine of classification for the doctrine of equality: the fundamental right to equality before the law and equal protection of the laws may be replaced by the overworked methodology of classification. Our approach to the equal protection clause must, therefore, be guided by the words of caution uttered by Krishna Iyer, J. in State of Jammu & Kashmir v. Triloki Nath Khosa: (at SCC p.42)

¶482

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(v) A Constitutional Bench of the Hon'ble Supreme Court in D.S. Nakara v. Union of India, (1983) 1 SCC 305, explained the said concept of Article 14 of the Constitution of India, as follows:

¶485

"11. The decisions clearly lay down that though Article 14 forbids class legislation, it does not forbid reasonable classification for the purpose of legislation. In order, however, to pass the test of permissible classification, two conditions must be fulfilled viz. (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group; and (ii) that that differentia must have a rational relation to the objects sought to be achieved by the statute in question (see Ram Krishna Dalmia v. Justice S.R. Tendolkar, AIR 1958 SC 538). The classification may be founded on differential basis according to objects sought to be achieved but what is implicit in it is that there ought to be a nexus i.e. causal connection between the basis of classification and object of the statute under consideration. It is equally well settled by the decisions of this Court that Article 14 condemns discrimination not only by a substantive law but also by a law of procedure.

¶486

After an exhaustive review of almost all decisions bearing on the question of Article 14, this Court speaking through Chandrachud, C.J. in In re Special Courts Bill, 1978, AIR 1979 SC 478, restated the settled propositions which emerged from the judgments of this Court undoubtedly insofar as they were relevant to the decision on the points arising for consideration in that matter. Four of them are apt and relevant for the present purpose and may be extracted. They are:

¶487

"***

¶488

(3)The constitutional command to the State to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise formula. Therefore, classification need not be constituted by an exact or scientific exclusion or inclusion of persons or things. The courts should not insist on delusive exactness or apply doctrinaire tests for determining the validity of classification in any given case. Classification is justified if it is not palpably arbitrary.

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(4)The principle underlying the guarantee of Article 14 is not that the same rules of law should be applicable to all persons within the Indian territory or that the same remedies should be made available to them irrespective of differences of circumstances. It only means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation, and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is substantially the same.

¶491

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(6)The law can make and set apart the classes according to the needs and exigencies of the society and as suggested by experience. It can recognise even degree of evil, but the classification should never be arbitrary, artificial or evasive.

¶493

(7) The classification must not be arbitrary but must be rational, that is to say, it must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of the legislation. In order to pass the test, two conditions must be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others and (2) that that differentia must have a rational relation to the object sought to be achieved by the Act. "

¶494

(vi) In Prem Chand Somchand Shah and another vs. Union of India reported in 1991 (2) SCC 48, the Hon'ble Supreme Court at paragraph Nos.9, 12 and 16, held thus:-

¶495

The petitioners, in order to successfully invoke the right guaranteed under Article 14 of the Constitution, will have to establish that they and the Export Houses which were issued Additional Licences under the Import Policy 1988-91 are similarly situate. A close examination of the Import and Export Policy 1978-79 under which the petitioners have been granted the Additional Licences and the Import and Export Policy 1988-91 shows that there is material difference between the conditions for grant of Additional Licences under Import Policy 1978-79 and the conditions for grant of such licences under the Import

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Policy 1988-91 and it cannot be said that the petitioners who have been granted Additional Licences under the Import and Export Policy 1978-79 and the Export Houses who are granted Additional Licences under the Import and Export Policy 1988-91 are persons similarly circumstanced.

¶498

The aforesaid examination of the provisions contained in the Import and Export Policy 1978-79 and the Import and Export Policy 1988-91 shows that while in the Import and Export Policy 1978-79 the emphasis was only on the f.o.b. value of exports without taking into account the outgo of foreign exchange in importing the goods required for achieving the exports by an Export House and Additional Licences were granted for a much larger amount at a higher percentage on the basis of the f.o.b. value of the exports, in the Import and Export Policy 1988-91 there is a more realistic appraisal of actual benefit to the country's economy by the exports by taking into account the net foreign exchange earnings after deducting the value of the imports and Additional Licences are issued on the basis of the net foreign exchange earnings for a much lesser value on a smaller percentage. The petitioners who were granted Additional Licences to the extent of 33.33 per cent of the f.o.b. value of the exports made by them during the year 1977-78 cannot, therefore, be said to be persons similarly circumstanced as Export Houses who exported goods in the year 1987-88 and in subsequent years and obtain Additional Licences for a much lesser value under the Import Policy 1988-91 on the basis of the net foreign exchange earnings. The provisions conferring flexibility in the matter of imports contained in sub-para (4) of para 215 of the Import and Export Policy 1988-91 are intended to give an incentive to Export Houses to increase the exports in a way as to enhance the net foreign exchange earnings of the country. The petitioners were not granted Additional Licences on the basis of net foreign exchange earnings and they have secured the Additional Licences on the basis of the f.o.b. value of the exports, without taking into account the value of the goods imported by them for achieving the exports. They cannot claim to be entitled to the same facilities that have been provided to Export Houses who are granted Additional Licences under the Import and Export Policy 1988-91.

¶499

Here we find that in the Import and Export Policy 1988-91 there has been relaxation to a limited

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extent in respect of imports by Export Houses who are granted Additional Licences under the said Policy on the basis of their exports during that period 1987-88 and subsequent periods. Since the basis for the grant of Additional Licences which are entitled to this relaxation is different from the basis on which Additional Licences were granted to the petitioners, the petitioners cannot claim the benefit of the same relaxation and assail the validity of sub-para (10) of para 218 of the Import and Export Policy 1988-91.

¶502

(vii) In Sri Srinivasa Theatre and others vs. Government of Tamil Nadu and others, reported in (1992) 2 SCC 643, while explaining the scope of Article 14, the Hon'ble Supreme Court at paragraph Nos.9 and 10, held thus:-

¶503

"9. Article 14 of the Constitution enjoin upon the State not to deny to any person 'Equality before law' or 'the equal protection of laws' within the territory of India. The two expressions do not mean the same thing even if there may be much in common. Section 1 of the XIV Amendment to U.S. Constitution uses only the latter expression whereas the Irish Constitution (1937) and the West German Constitution (1949) use the expression "equal before law" alone. Both these expressions are used together in the Universal Declaration of Human Rights, 1948, Article 7 whereof says "All are equal before the law and are entitled without any discrimination to equal protection of the law." While ascertaining the meaning and content of these expression, however, we need not be constrained by the interpretation placed upon them in those countries though their relevance is undoubtedly great. It has to be found and determined having regard to the context and scheme of our Constitution. It appears to us that the word "law" in the former expression is used in a generic sense-a philosophical sense-whereas the word "law" in the latter expression denotes specific laws in force.

¶504

Equality before law is a dynamic concept having many facets. One facet-the most commonly acknowledged-is that there shall be no privileged person or class and that none shall be above law. A facet which is of immediate relevance herein is the obligation upon the State to bring about, through the machinery of law, a more equal society envisaged by the preamble and part IV of our Constitution."

¶505

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¶506

(viii) In Venkateshwara Theatre vs. State of andhra Pradesh and Others, reported in (1993) 3 SCC 677, at paragraph Nos.20 and 23, the Hon'ble Supreme Court, held thus:-

¶507

"20. Article 14 enjoins the State not to deny to any person equality before the law or the equal protection of the laws. The phrase "equality before the law" contains the declaration of equality of the civil rights of all persons within the territories of India. It is a basic principle of republicanism. The phrase "equal protection of laws" is adopted from the Fourteenth Amendment to U.S. Constitution. The right conferred by Article 14 postulates that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Since the State, in exercise of its governmental power, has, of necessity, to make laws operating differently on different groups of persons within its territory to attain particular ends in giving effect to its policies, it is recognised that the State must possess the power of distinguishing and classifying persons or things to be subjected to such laws. It is, however, required that the classification must satisfy two conditions namely, (i) it is founded on an intelligible differentia which distinguishes those that are grouped together from others; and (ii) the differentia must have a rational relation to the object sought to be achieved by the Act. It is not the requirement that the classification should be scientifically perfect or logically complete. Classification would be justified if it is not palpably arbitrary. [See: Re Special Courts Bill, [1979] 2 SCR 476 at pp. 534-5361. It there is equality and uniformity within each group, the law will not be condemned as discriminative, though due to some fortuitous circumstance arising out of a peculiar situation some included in a class get and advantage over others, so long as they are not singled out for special treatment. [See: Khandige Sham Bhat v. Agricultural Income-Tax Officer, [1963] 3 SCR 809 at p. 8 171.

¶508

Just a difference in treatment of persons similarly situate leads of discrimination, so also discrimination can arise if persons who are unequals, i.e. differently placed, are treated similarly. In such a case failure on the part of the legislature to classify the persons who are dissimilar in separate categories and applying the same law, irrespective of the differences, brings about the same consequence as in a case where the law makes a distinction between

¶509

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¶510

persons who are similarly placed. A law providing for equal treatment of unequal objects, transactions or persons would be condemned as discriminatory if there is absence of rational relation to the object intended to be achieved by the law."

¶511

In K. Thimmappa v. Chairman, Central Board of Directors, SBI, (2001) 2 SCC 259 that the classification under Article 14 of the Constitution of India need not be a scientifically perfect one and it is sufficient if the distinction is on just and reasonable relation to the object of the legislation. The relevant portion is as under:

¶512

"3. ....... Before we deal with the respective contentions of the parties it would be appropriate for us to notice that what Article 14 prohibits is class legislation and not reasonable classification for the purpose of legislation. If the rule-making authority takes care to reasonably classify persons for a particular purpose and if it deals equally with all persons belonging to a welldefined class then it would not be open to the charge of discrimination. But to pass the test of permissible classification two conditions must be fulfilled:

¶513

(a) that the classification must be founded on an intelligible differentia which distinguishes persons or things which are grouped together from others left out of the group; and

¶514

(b) that the differentia must have a rational relation to the object sought to be achieved by the statute in question.

¶515

The classification may be founded on different basis and what is necessary is that there must be a nexus between the basis of classification and the object under consideration. Article 14 of the Constitution does not insist that the classification should be scientifically perfect and a court would not interfere unless the alleged classification results in apparent inequality. When a law is challenged to be discriminatory essentially on the ground that it denies equal treatment or protection, the question for determination by court is not whether it has resulted in inequality but whether there is some difference which bears a just and reasonable relation to the object of legislation. Mere differentiation does not per se amount to discrimination within the inhibition

¶516

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¶517

of the equal protection clause. To attract the operation of the clause it is necessary to show that the selection or differentiation is unreasonable or arbitrary; that it does not rest on any rational basis having regard to the object which the legislature has in view. If a law deals with members of a well-defined class then it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no application to other persons. It is for the rule-making authority to determine what categories of persons would embrace within the scope of the rule and merely because some categories which would stand on the same footing as those which are covered by the rule are left out would not render the rule or the law enacted in any manner discriminatory and violative of Article 14. It is not possible to exhaust the circumstances or criteria which may afford a reasonable basis for classification in all cases. It depends on the object of the legislation, and what it really seeks to achieve."

¶518

(ix) In L.I.C. of India and Another vs. Consumer Education & Research Centre and Others, reported in (1995) 5 SCC 482, the Hon'ble Apex Court reiterated the above noted principal in the following words:-

¶519

"The doctrine of classification is only a subsidiary rule evolved by the courts to give practical content to the doctrine of equality, overemphasis on the doctrine of classification or anxious or sustained attempt to discover some basis for classification may gradually and imperceptibly erode the profound potency of the glorious content of equality enshrined in Article 14 of the Constitution. The overemphasis on classification would inevitably result in substitution of the doctrine of classification to the doctrine of equality and the Preamble of the Constitution which is an integral part and scheme of the Constitution. Maneka Gandhi v. Union of India [1978 (1) SCC 248] ratio extricated it from this moribund and put its elasticity for egalitarian path finder lest the classification would deny equality to the larger segments of the society. The classification based on employment in Government, semi-Government and reputed commercial firms has the insidious and inevitable effect of excluding lives in vast rural and urban areas engaged in unorganized or self- employed sectors to have life insurance offending Article 14 of the Constitution and socio-

¶520

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¶521

economic justice."

¶522

(x). In Prafulla Kumar Das v. State of Orissa, reported in (2003) 11 SCC 614, a Constitutional Bench of the Supreme Court, deciding about the validity of a legislation, held thus it would be impossible to declare a law ultra vires merely because it would cause hardship, unless a case for discrimination or unreasonableness has been made out.

¶523

"45. In this case, the petitioners seek benefit to which they are not otherwise entitled. The legislature, in our opinion, has the requisite jurisdiction to pass an appropriate legislation which would do justice to its employees. Even otherwise a presumption to that effect has to be drawn. If a balance is sought to be struck by reason of the impugned legislation, it would not be permissible for this Court to declare it ultra vires only because it may cause some hardship to the petitioners. A mere hardship cannot be a ground for striking down a valid legislation unless it is held to be suffering from the vice of discrimination or unreasonableness. A valid piece of legislation, thus, can be struck down only if it is found to be ultra vires Article 14 of the Constitution of India and not otherwise. We do not think that in this case, Article 14 of the Constitution is attracted."

¶524

(xi) In Amita vs. Union of India, reported in (2005) 13 SCC 721, at paragraph No.11, the Hon'ble Supreme Court, held thus:"11. ....Article 14 of the Constitution of India guarantees to every citizen of India the right to equality before the law or the equal protection of law. The first expression "equality before the law" which is taken from the English common law, is a declaration of equality of all persons within the territory of India, implying thereby the absence of any special privilege in favour of any individual. It also means that amongst the equals the law should be equal and should be equally administered and that likes should be treated alike. Thus, what forbids is discrimination between persons who are substantially in similar circumstances or conditions. It does not forbid different treatment of unequal. Article 14 of the Constitution of India is both negative and positive right. Negative in the sense that no one can be discriminated against anybody and everyone should be treated as equals. The latter is the core and essence of right to equality and state has obligation

¶525

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¶526

to take necessary steps so that every individual is given equal respect and concern which he is entitled as a human being. Therefore, Art.14 contemplates reasonableness in the state action, the absence of which would entail the violation of Art.14 of the Constitution."

¶527

(xii) In Confederation of Ex-Servicemen Association vs. Union of India, reported in AIR 2006 SC 2945, at paragraph No.27, the Hon'ble Supreme Court, held thus:-

¶528

"27. Before more than five decades, a Constitution Bench of this Court was called upon to consider a similar contention in the well known decision in State of West Bengal v. Anwar Ali Sarkar & Another, (1952 SCR 284 : AIR 1952 SC 75). In that case, validity of certain provisions of the West Bengal Special Courts Act, 1950 was challenged on the ground that they were discriminatory and violative of Article 14 of the Constitution. Dealing with the contention, S.R. Das, J. (as His Lordship then was), made the following pertinent observations which were cited with approval in several cases;

¶529

"It is now well established that while article 14 is designed to prevent a person or class of persons from being singled out from others similarly situated for the purpose of being specially subjected to discriminating and hostile legislation, it does not insist on an "abstract symmetry" in the sense that every piece of legislation must have universal application. All persons are not, by nature, attainment or circumstances, equal and the varying needs of different classes of persons often require separate treatment and, therefore, the protecting clause has been construed as a guarantee against discrimination amongst equals only and not as taking away from the State the power to classify persons for the purpose of legislation. This classification may be on different bases. It may be geographical or according to objects or occupations or the like Mere classification, however, is not enough to get over the inhibition of the Article. The classification must not be arbitrary but must be rational, that is to say, it must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of the

¶530

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¶531

legislation. In order to pass the test, two conditions must be fulfilled, namely, that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others and that that differentia must have a rational relation to the object sought to be achieved by the Act. The differentia which is the basis of the classification and the object of the Act are distinct things and what is necessary is that there must be a nexus between them. In short, while the Article forbids class legislation in the sense of making improper discrimination by conferring privileges or imposing liabilities upon persons arbitrarily selected out of a large number of other persons similarly situated in relation to the privileges sought to be conferred or the liability proposed to be imposed, it does not forbid classification for the purpose of legislation, provided such classification is not arbitrary in the sense I have just explained." (emphasis supplied)"

¶532

(xiii) In Satyawati Sharma vs. Union of India and another, reported in AIR 2008 SC 3148, at paragraph Nos.14 to 17, the Hon'ble Supreme Court, observed thus:-

¶533

"14. Article 14 declares that the state shall not deny to any person equality before the law or the equal protection of the laws. The concept of equality embodied in Article 14 is also described as doctrine of equality. Broadly speaking, the doctrine of equality means that there should be no discrimination between one person and another, if having regard to the subject matter of legislation, their position is the same. The plain language of Article 14 may suggest that all are equal before the law and the State cannot discriminate between similarly situated persons. However, application of the doctrine of equality embodied in that Article has not been that simple. The debate which started in 1950s on the true scope of equality clause is still continuing. In last 58 years, the courts have been repeatedly called upon to adjudicate on the constitutionality of various legislative instruments including those meant for giving effect to the Directive Principals of State Policy on the ground that same violate the equality clause. It has been the constant refrain of the courts that Article 14 does not prohibit the legislature from classifying apparently similarly situated persons, things or goods into different groups provided that there is rational basis for doing so. The theory of

¶534

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¶535

reasonable classification has been invoked in large number of cases for repelling challenge to the constitutionality of different legislations.

¶536

(xiv) In Shayara Bano vs. Union of India, reported in 2017 (9) SCC 1 the Hon'ble Supreme Court, held thus:-

¶537

In the pre-1974 era, the judgments of this Court did refer to the rule of law or positive aspect of Article 14, the concomitant of which is that if an action is found to be arbitrary and, therefore, unreasonable, it would negate the equal protection of the law contained in Article 14 and would be struck down on this ground. In S.G. Jaisinghani v. Union of India, (1967) 2 SCR 703, this Court held: In this context it is important to emphasize that the absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. In a system governed by rule of law, discretion, when conferred upon executive

¶538

authorities, must be confined within clearly defined limits. The rule of law from this point of view means that decisions should be made by the application of known principles and rules and, in general, such decisions should be predictable and the citizen should know where he is. If a decision is taken without any principle or without any rule it is unpredictable and such a decision is the antithesis of a decision taken in accordance with the rule of law. (See Dicey Law of the Constitution 10th Edn., Introduction cx). Law has reached its finest moments, stated Douglas, J. in United States v. Wunderlick [342 US 98], when it has freed man from the unlimited discretion of some ruler. Where discretion, is absolute, man has always suffered. It is in this sense that the rule of law may be said to be the sworn enemy of caprice. Discretion, as Lord Mansfield stated it in classic terms in the case of John Wilkes [(1770) 4 Burr. 2528 at 2539], means sound discretion guided by law. It must be governed by rule, not by humour: Shayara Bano vs Union Of India And Ors. Ministry Of ... on 22 August, 2017 Indian Kanoon - http://indiankanoon.org/doc/115701246/ 239 it must not be arbitrary, vague, and fanciful. (pages 718 719) This was in the context of service rules being seniority rules, which applied to the Income Tax Department, being held to be violative of Article 14 of the Constitution of India."

¶539

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¶540

On the aspect of arbitrariness, it is trite law that statute or rule as the case may be struck down, on the ground of manifest arbitrariness or if the classification is substantiated as irrational. In Nikesh Tarchand Shah vs. Union of India and another, reported in 2018 (11) SCC 1, the Hon'ble Supreme Court, held thus:-

¶541

"23. In so far as manifest arbitrariness is concerned, it is important to advert to the majority judgment of this Court in Shayara Bano v. Union of India and others, (2017) 9 SCC 1. The majority, in an exhaustive review of case law under Article 14, which dealt with legislation being struck down on the ground that it is manifestly arbitrary, has observed:

¶542

"87. The thread of reasonableness runs through the entire fundamental rights chapter. What is manifestly arbitrary is obviously unreasonable and being contrary to the rule of law, would violate Article 14. Further, there is an apparent contradiction in the three-Judge Bench decision in McDowell [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] when it is said that a constitutional challenge can succeed on the ground that a law is disproportionate, excessive or unreasonable, yet such challenge would fail on the very ground of the law being unreasonable, unnecessary or unwarranted. The arbitrariness doctrine when applied to legislation obviously would not involve the latter challenge but would only involve a law being disproportionate, excessive or otherwise being manifestly unreasonable. All the aforesaid grounds, therefore, do not seek to differentiate between State action in its various forms, all of which are interdicted if they fall foul of the fundamental rights guaranteed to persons and citizens in Part III of the Constitution. ***

¶543

It will be noticed that a Constitution Bench of this Court in Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India [Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC 641 : 1985 SCC (Tax) 121] stated that it was settled law that subordinate legislation can be challenged on any of the grounds available for challenge against plenary legislation. This being the case, there is no rational distinction between the two types of legislation when it comes to this ground of challenge under Article 14. The test of manifest arbitrariness, therefore, as laid down in the aforesaid judgments would apply to invalidate legislation as well as subordinate legislation under Article 14. Manifest

¶544

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¶545

arbitrariness, therefore, must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. We are, therefore, of the view that arbitrariness in the sense of manifest arbitrariness as pointed out by us above would apply to negate legislation as well under Article 14.

¶546

This view of the law by two learned Judges of this Court was concurred with by Kurian, J. in paragraph 5 of his judgment."

¶547

In order to succeed the charge of discrimination, in the matter of providing security and safety of the children and women, in the hostels, lodging houses and homes for children and women, contention of the petitioner that they are equal to men and thus there is no need for any security personnel, burdening them with enhanced charges, cannot be accepted. Children and women have been grouped together and Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014, has been enacted to provide for safety and security of the women and children in hostels, lodging houses and homes for children and women, and for regulation of hostels, lodging houses and homes for children and women, and other like institutions and for matters connected therewith.

¶548

At this juncture, this Court deems it fit to consider a decision of the Hon'ble Supreme Court in Yusuf Abdul Aziz vs. State of Bombay and another, reported in AIR 1954 SC 321, wherein a Constitutional Bench of the Hon'ble Supreme Court while considering the validity of the last sentence of Section 497 IPC, held thus:-

¶549

"The question in this case is whether section 497 of the Indian Penal Code contravenes articles 14 and 15 of the Constitution.

¶550

The appellant is being prosecuted for adultery under section 497 of the Indian Penal Code. As soon as the complaint was filed he applied to the High Court of Bombay to determine the constitutional question mentioned above under article 228 of the Constitution. The High Court decided against him but granted him a certificate under articles 132 (1) and 134 (1) (c).

¶551

Under section 497 the offence of adultery can only be committed by a man but in the absence of any provision to the contrary the woman would be

¶552

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punishable as an abettor. The last sentence in section 497 prohibits this. It runs- "In such case the wife shall not be punishable as an abettor." It is said that this offends articles 14 and 15. 4. The portion of article 15 on which the appellant relies is this:

¶554

"The State shall not discriminate against any citizen on grounds only of............... sex."

¶555

But what he overlooks is that is subject to clause (3) which runs:

¶556

"Nothing in this article shall prevent the State from making any special provision for women.......... " The provision complained of is a special provision and it is made for women, therefore it is saved by clause (3).

¶557

It was argued that clause (3) should be confined to provisions which are beneficial to women and cannot be used to give them a licence to commit and abet crimes. We are unable to read any such

¶558

restriction into the clause; nor are we able to agree that a provision which prohibits punishment is tantamount, to a licence to commit the offence of which punishment has been prohibited.

¶559

Article 14 is general and must be read with the other provisions which set out the ambit of fundamental rights. Sex is a sound classification and although there can be no discriminate in general on that ground, the Constitution itself provides for special provisions in the case of women and children. The two articles read together validate the impugned clause in section 497 of the Indian Penal Code."

¶560

There is a difference in discrimination, without reason and discrimination with reason. Discrimination implies an unfair classification.

¶561

Keeping in mind the object of the Act and the rules framed, this Court is of the view that the enactment satisfies the twin tests. There is no unfair classification. The difference in treating women and children, in the matter of security and safety, cannot be compared to take of men, and the State Government enacting a special enactment exclusively for regulating Hostels, lodging houses, homes for women and children, has a rational nexus to the object sought to be achieved and thus there is no discrimination, violating Article 14 of the Constitution of India.

¶562

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¶563

Petitioners cannot compare the living conditions of a family in a village to that of a hostel. Contention that fixing specification of a room in a hostel, would entail the petitioners losing their jobs, is irrational. Conditions are imposed considering the safety, security, health, maintenance of cleanliness and other factors, and the same cannot be said to affect the livelihood of women. Living standards in villages, which according to the petitioners, is without privacy and comparing the same to the hostels, to be registered and licensed, cannot be accepted, for the reason that the Government have intended to regulate the functioning of the hostels, lodging houses and homes for children and women, in the State with specific objects.

¶564

Contention of the petitioners, is that appointment of a Manager would invade the right to privacy of the inmates. On this aspect, let us consider the duties and regulations of the Manager of the hostels. Part IV of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, is extracted hereunder:-

¶565

"PART – IV. APPOINTMENT OF MANAGER, HIS DUTIES AND RESPONSIBILITIES.

¶566

(1) Every person, who lets for occupation any hostel, lodging house or home for women and children shall appoint a manager. In any case where no manager is appointed, the person who lets the premises for accommodation shall be deemed to be the manager of such premises. If the manager does not permanently reside on the premises, a resident manager, who resides on the premises shall also be appointed with all the powers and responsibilities of the manager:

¶567

Provided that where girl children and women are housed in a hostel, lodging house or home for women and children, the manager and the resident manager shall be a woman.

¶568

(2) No person shall be appointed as manager or resident manager unless he produces a certificate of fitness, in the prescribed form from a Medical officer not below the rank of a Civil Surgeon.

¶569

(3) Every manager or resident manager shall be appointed after verifying his antecedents with the local police.

¶570

(4) For every fifty inmates, there shall be one manager or resident manager.

¶571

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¶572

(1) The owner or manager of a hostel, lodging house or home for women and children shall,—

¶573

(a) maintain all the buildings and all appliances, fixtures and fittings in the building in good repair and clean and hygienic condition;

¶574

(b) keep the premises free from any accumulation of refuse, foul matter or undesirable growth;

¶575

¶576

(d) provide a suitable storage area, where refuse, waste or rubbish can be stored prior to their disposal;

¶577

(e) provide and maintain in good repair and efficient working order any artificial lighting, emergency lighting and adequate fire extinguishers as prescribed under the relevant laws.

¶578

(2) The manager or resident manager of a hostel, lodging house or home for women and children shall not,— (a) store or keep or allow to be stored or keep any kerosene, petrol, spirit or any explosive or flammable substances inside the premises;

¶579

(b) cause or permit any obstruction to be caused in any flight of stairs, passage or other means of escape.

¶580

(3) The manager or resident manager shall not permit any room to be used as a sleeping place for inmates other than a room specified as a bed room.

¶581

(4) The manager or resident manager shall accommodate only such number of inmates in a room, as may be prescribed.

¶582

(5) (a) A manager or resident manager shall as soon as it comes to his knowledge that any person on the premises is suffering or is suspected to be suffering from a infectious disease, immediately, notify the Health Inspector of the area of the circumstances and shall at once isolate the person from coming in contact with the articles used by other inmates in the premises.

¶583

(b) The manager or resident manager shall, comply with every direction of the Health Inspector, in respect of— (i) the isolation or removal of any person suffering or suspected to be suffering from an infectious disease;

¶584

(ii) cleansing and disinfection of the hostel,

¶585

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¶586

lodging house or home for women and children, or of any bedding, linen, blankets or other articles used by such person; and (iii) any measures necessary for the prevention or reduction of any infection of the hostel, lodging house or home for women and children or amongst the inmates thereof.

¶587

(6) The manager and resident manager shall ensure that the inmates of hostel, lodging house or home for women and children are not subjected to any form of mental or physical harassment."

¶588

Rule 5 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015, deals with appointment of Manager and Resident Manager and the said Rule is extracted hereunder:

¶589

"5. Appointment of manager or resident manager.- (1) Every person, who is appointed as manager or resident manager shall produce a certificate of fitness before appointment, in Form VII from a Medical officer not below the rank of a Civil Surgeon. (2) The manager or resident manager shall ensure accommodation facilities with an average space norms of 40 sq.ft. per child and 120 sq.ft. per woman."

¶590

Reading of the provisions will make it clear that the appointment of a manager is only to ensure proper maintenance of the hostel, health of the inmates and children, inmates of the hostel, lodging home or house for children and women, are not subject to any form of mental or physical harassment. Contention that right of privacy of the inmates would be affected by a Manager cannot be accepted for the reasons that the manager to be appointed in a women or children hostel, would invariably be a woman only.

¶591

Installation of CC TVs and Cameras, in the perception of the petitioners would not prevent a crime, cannot be accepted for the reason that it would not only prevent crime, but also in detection of the same. Citing an isolated incident in Alandur, as the rule of thumb, cannot be accepted. Contention of the petitioners that the impugned Act and the rules framed, in no way protects the interest of the inmates of the Act and on the contra detrimental to the inmates, cannot be accepted.

¶592

Law can be enacted in the interest of the entire public or in particular, in the interest of women and children.

¶593

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¶594

Contention of the petitioner that installation of CCTV cameras would invade the privacy of inmates and even if such installation is made, it would not prevent, sexual harassment, cannot be accepted for the reason that such installation is required only in a hostel, lodging house or home for women and children where more than fifty inmates are accommodated, and closed television or digital recorder has to be installed at every entry or exit points. No such appliances are to be installed in bedrooms and other places, where privacy has to be maintained.

¶595

Part V of the Act deals with the Safety and Security Measures, of the above said Act, is extracted hereunder:-

¶596

"15. (1) The hostel, lodging house or home for women and children shall be housed in a building approved by the competent authority under the relevant law.

¶597

(2) In every hostel, lodging house or home for women and children, there shall be separate building for girl children and women and separate building for boys. Where boys and girls are housed in the same building for any unavoidable reasons, they shall be accommodated in separate rooms.

¶598

(3) In every hostel, lodging house or home for women and children, where more than fifty inmates are accommodated, closed circuit television or digital video recorder shall be installed at every entry and exit points.

¶599

(1) Sufficient number of security personnel shall be appointed in every hostel, lodging house or home for women and children to provide round the clock security for the inmates.

¶600

(2) Security personnel shall be appointed preferably from among the ex-servicemen, retired police officers and home guards, not above the age of fifty five years.

¶601

(3) Each security personnel shall be appointed after verifying his antecedents with the local police.

¶602

(4) Security Personnel shall be posted at every entry and exit points of the hostel, lodging house or home for women and children. They shall not enter the building where the inmates are housed, without the permission of the manager or resident manager.

¶603

In every hostel, lodging house and home for women and children, the manager or resident manager

¶604

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¶605

shall maintain a visitor’s register, wherein the details of name, address, relationship, time and purpose of visit of each visitor shall be entered.

¶606

(1) The manager, resident manager and security personnel of a hostel, lodging house and home for women and children shall be provided with identity cards with photographs. The parent or lawful guardian of the inmate shall also be provided with identity cards with photographs. (2) The name, address and phone numbers of the manager, resident manager and the security personnel shall be displayed at a prominent place in the premises.

¶607

The manager shall, immediately after the occurrence of any untoward incident affecting the body, mind or property of any inmate of the hostel, lodging house or home for women and children, in addition to reporting the incident to the jurisdictional police shall also report the same to the Collector explaining the incident and circumstances leading to the incident, to the best of his knowledge."

¶608

Reading of the above, shows that the provisions have been enacted for the safety of the children and women in the hostels, lodging houses and like institutions. As regards security personnel, government have framed Section 16 of the Act, that such security personnel should among the ex-service men, retired police officers and home guards, shall be posted at every entry and exit points of the hostel, lodging house or home for women and children. They shall not enter the building where the inmates are housed, without the permission of the manager or resident manager. Thus, sufficient safeguards have been provided that the security personnel cannot enter the building, as stated supra.

¶609

Contention of the petitioners that police is taking care of the safety of the entire population, free of cost and therefore the petitioners cannot be forced to bear the cost of engaging security personnel, cannot be countenanced for the reasons contained in Section 16 of the Act and Rules framed thereunder, are only for the safety and security of the children and women, and not all the duties and responsibilities, mandated under Section 8 of the Act, and the rules framed are performed by the local police. The purpose for which managers and security personnel in the Hostels, are detailed in the Act, and the rules framed thereunder. Functioning of police to maintain law and order, public order and safety to the general public, cannot be

¶610

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¶611

compared to that of a Manager and Security Personnel mandated to be employed in hostels, lodging houses and homes for children and women, the vulnerable sections of the society. Principles of law, and the difference in law and order, public order, security of the State, have been explained in Sanjai Pratap Gupta's case (cited supra) and squarely applicable to the case on hand.

¶612

Considering the safety and security of women and children in the hostels, lodging houses and homes for women and children, Government cannot be directed to provide police to every hostel, lodging house or homes for children and women, moreso, in the light of a clear distinction between law and order and public order. As observed by the Hon'ble Supreme Court, there could be overlapping and that does not mean that there cannot be a special enactment for women and children, moreso, for their security, safety, in hostels, lodging houses and homes for children and women. Article 15(3) of the Constitution of India empowers the State to enact laws.

¶613

There are separate chapters for Registration, licensing of hostels, lodging houses and homes for the women and children. Chapter-II of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015, are extracted hereunder:-

¶614

Chapter - II Licensing of Hostels, Lodging Houses and Homes for Women and Children

¶615

Procedure for issue of licence.- (1) Any person desiring to establish, maintain or conduct hostel, lodging house or home for women and children and any person who is entitled to continue the hostel, lodging house or home for women and children under sub-section (1) of section 6 of the Act shall make an application for licence in Form-I to the Collector,

¶616

(2) Every application for licence shall be accompanied by a fee of Rs.3,000/- (Rupees Three thousand only) in Banker’s cheque or Demand Draft drawn in favour of the Collector.

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(ii) a representative from Health Department;

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(iii) Personal Assistant (Accounts) to Collector; and

¶621

(iv) the Tahsildar or Deputy Tahsildar of the

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respective jurisdiction.

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(4) The inspection team shall submit its report in Form II within a week from the date of its constitution.

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(5) Upon receipt of the inspection report, the Collector may either grant a licence in Form III which wifi be valid for three years or reject the application:

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Provided that before rejection of the application for grant of licence the applicant shall be given an opportunity to make his submission, if any, against such rejection.

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(6) Renewal.- (i) Every application for renewal of the licence granted under sub-rule (5) shall be made to the Collector in Form I and shall be accompanied by fee of Rs.3,000/- (Rupees three thousand only) in Banker’s cheque or Demand Draft drawn in favour of the Collector.

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(ii) An application for renewal shall be made not less than three months before the date of the expiry of the period of such licence:

¶629

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(iii) The procedure for the renewal of the licence shall be the same as applicable to the issue of licence as specified in sub-rules (1) to (5).

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(7) Appeal - Any person who is aggrieved by an order of the Collector refusing to grant a licence or cancelling or suspending a licence may appeal to the Government or such authority as may be specified by the Government in this behalf within fifteen days from the date of receipt of such order:

¶632

¶633

Part-III of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, dealing with registration of homes for women and children, are extracted hereunder:-

¶634

PART – III. REGISTRATION OF HOMES FOR WOMEN AND CHILDREN.

¶635

(1) Every home for women and children, by whatever name it is called, which is established, registered or maintained under any other law on or after the date of commencement of this Act, shall

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be registered under this Act within such period as may be prescribed.

¶638

(2) Every home for women and children, by whatever name it is called, which is in existence on the date of commencement of this Act and which has been established, registered or maintained under any other law shall be registered under this Act within such period as may be prescribed.

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(3) For the purpose of registration of a home for women and children, the owner or manager of such home for women and children shall make an application to the Collector in such form containing such particulars, as may be prescribed. The Collector on being satisfied that a home for women and children has complied with the provisions of this Act and the rules made thereunder as regards registration, shall issue a certificate of registration, in such form as may be prescribed.

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(4) The Collector shall, after the issue of a certificate of registration to a home for women and children enter in a register prescribed in that behalf such particulars as may be prescribed.

¶641

(5) Nothing contained in this Part shall apply to any home for women and children formed, established or managed by the Government

¶642

Part IV deals with offences and penalties. Sections 20 to 21 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, are extracted:-

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"20. (1) Any person who fails to obtain a licence under section 5 or 6, shall be punishable with imprisonment which may extend to two years and with fine which may extend to fifty thousand rupees.

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(2) Where a home for women and children registrable under sub-section (1) or sub-section (2) of section 12 fails to get itself registered within the period specified for registration, the owner or manager or resident manager of such homes shall be punishable with imprisonment which may extend to two years and with fine which may extend to fifty thousand rupees.

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(3) Any person who fails to comply with any of the provisions of this Act other than sections 5, 6 and 12 or of any rule made thereunder or any of the conditions of a licence or a certificate of

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registration shall be punishable in the case of a first offence with imprisonment of not less than two years which may extend to three years and with fine of fifty thousand rupees, and in the case of second or subsequent offence, with imprisonment of not less than three years which may extend to five years and with fine of one lakh rupees.

¶648

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

¶649

Provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

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(2) Notwithstanding anything contained in subsection (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

¶651

Explanation.—For the purposes of this section,—

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(a) “company” means any body corporate and include a firm or other association of individuals; and

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(b) “director” in relation to—

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(i) a firm, means a partner in the firm;

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(ii) a society, a trust or other association of individuals, means the person who is entrusted under the rules of the society, trust or other association with the management of the affairs of the society, trust or other association, as the case may be."

¶656

Part VII deals with miscellaneous. It empowers the Collector or any officer authorised in writing by him, by a general or special order to inspect at all reasonable times any

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hostel, lodging house or home for women and children for the purpose of ascertaining whether the provisions of this Act or of any rules or of the conditions of a licence or of certificate of registration are being complied with any may require the production for his inspection of any document, register or record kept thereunder and ask for any information relating to the working of such institution. Provided the Collector or the authorised officer shall not enter into any hostel, lodging house or home where there are females, without the presence of two respectable women of the locality.

¶659

Contention of the petitioner that by engaging managers, security personnel, inmates like the petitioner who have come from the native places and stay in hostels would be compelled to pay more hostel charges and in the event of their inability, may be compelled to vacate and therefore the Act and the rules framed have to be held as unconstitutional cannot be accepted as tenable arguments, for the reason that safety and security of the children and women in the hostels, lodging houses, and homes for the women and children, are more important than the fees to be charged by the owners of the hostels, lodging houses. Appointment of a manager cannot be construed to mean that the movement of the hostlers is totally curtailed. Appointment of a manager in a hostel, or lodging houses or home for children and women, arises only in a case where there are fifty inmates, Section 13(4) of the Act, reads thus:-

¶660

"(4) For every fifty inmates, there shall be one manager or resident manager" Duties and functions are defined.

¶661

Contention of the petitioner that in men hostels there is no restriction of the number of inmates in a room and whereas in women hostel there is space restriction of 120 sq.feet per inmate, and thus the Act is violative of Article 14 of the Constitution of India, cannot be accepted, in view of the Article 15(3) of the Constitution of India, as the State Government is empowered to enact laws in the interest of children and women, and in particular, Entry 1 of List of Constitution of India "Public Order". Even taking it for granted that the men's hostel do not provide for any space requirement, considering the object of the legislation and the rules framed, space requirement to be provided to a woman inmate, cannot be said to irrational, unreasonable.

¶662

Contention of the learned counsel for the petitioner, even if the petitioners take a place on rent for stay that would fall under the definition of a lodging house and that the petitioners may be burdened to pay the incidental charges for

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engaging a manager and security personnel is liable to be rejected for two reasons, because, in such places, the requirement for appointment of a manger would arise only if there are fifty inmates and in reality, there cannot be such a situation. Payment of electricity, water and charges for providing basic amenities are always included in rent or collected, as part of rent and any resident, has to incur.

¶665

Contention of the petitioners that executive orders could not be enforced, and that is why the Government have brought out the enactment, the Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014, is not correct. Article 162 of the Constitution of India, deals with the executive powers of the State and it reads thus:-

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"Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:

¶667

Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof."

¶668

Executive orders issued in exercise of powers under Article 162 of the Constitution of India can be enforced. In judging the Constitutionality of the Act and the rules framed which according to the petitioners, rights of privacy, autonomy, women empowerment, we are of the view that enactment of the law has underwent due process and law as enacted is just, fair and reasonable.

¶669

Contention of the petitioner that instead of protecting the women and children, the Act destroys the freedom and independence of women, rendered them as jobless, is an untenable argument for the reasons that right of employment was never recognised as a fundamental right to be enforced. The averments that in men's hostel, opposite to Soma's Hostel, and near Amma Nana Hostel, four men are permitted to stay, 25 Sq.ft. per inmate, is not supported by any material.

¶670

Petitioners have contended that the State Government have no powers to fix the space restriction, in women hostels. Depending upon their financial position they can stay in any hostel, which has a lesser space. For the above contention,

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petitioners have contended that the provisions of the Act and Rules, as framed are against the directive principles of State policy. Contention of the petitioner that the owners of the hostel respondents 2 to 4, are demanding Rs.15,000/- to Rs.30,000/- as rent and that therefore, space requirement prescribed by the Government for the hostels, lodging houses and homes for children and women, is erroneous and for this reason, the Act and the rules have to be struck down, cannot be accepted, it is for the Government to prescribe the licencing conditions, standards of maintenance of hostels, lodging house, sanitation and other aspects and the petitioners have no legal right to question the same. As stated supra, as per Article 15 of the Constitution of India, States are empowered to enact laws in favour of Children and Women. Contention of the petitioners that the Act and the Rules framed, are against the empowerment of the women, cannot be accepted.

¶673

Contention of the petitioners, that the State Government have recently announced Rs.2,000/- to the poor families and none of their children can stay in the Hostels, and return to their homes is inappropriate to case on hand.

¶674

It is pertinent to note that we are bound to follow the decision of this court made in W.P.(MD)No.494 of 2019, dated 31.01.2019, wherein Madurai Bench of this Court has directed as hereunder:-

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"7. We direct the Fire and Rescue Services to process all the pending applications and dispose of the same on merits and as expeditiously as possible and in any case, on or before 28 February, 2019.

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The District Collectors of the concerned Districts are directed to process all the applications and dispose of the same on merits and as per law, as expeditiously as possible and in any case on or before 28 February, 2019.

¶677

We make it clear that no hostel, lodging house or homes for women and children shall function across the State from 01 March, 2019 without the licence issued by the statutory authority under the provisions of the Tamil Nadu Hostels and Homes for women and children (Regulation) Act, 2014.

¶678

The District Collectors must ensure that the provisions of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 are complied with by the hostel owners in its letter and spirit.

¶679

The writ petition is disposed of with the above

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direction. No Costs."

¶682

Enactment is for a larger interest, aimed at the safety and security of women and children, in hostels, lodging houses and homes for children and women. When safety and security of children and women in hostels, lodging houses and homes for children and women, are the paramount objects, indeed there should be a exclusive enactment, to the vulnerable sections of the society. Concern of the State cannot be said to be, unrealistic and that special laws are unwarranted. In the light of the enabling provisions and having regard to the statement of objects and reasons for which Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act 2014, is enacted, we see no discrimination and therefore the said contention is rejected.

¶683

Reading of the entire Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act 2014 and the Rules framed thereunder makes it clear that the Government of Tamil Nadu have enacted the said act, within their legislative competence to provide safety and security to the women in hostels, lodging houses, and homes for children and women, and for regulating the Hostels, lodging houses, homes for women and children.

¶684

By imposing conditions for registration, licencing, maintenance and to provide managers and security personnel and such others matters connected therewith, in hostels, lodging houses, and homes for children and women, we are of the view that living standards of the women in hostels would not be affected in any manner, rather the provisions of the Act and the Rules framed, are in the interest of the women and children.

¶685

In the light of the above discussion and decisions, contention of the petitioner that the state legislature has competence only in the matter of an enactment pertaining entry Inn and not relating to hostels, lodging hoses and houses for children and women, is rejected.

¶686