Disposed

Member Secy., Apslsa, Hyd. v. Secy., Min. of Consumer Affairs, New Delhi and 24 Ors.

Telangana HC10 Mar 2022PIL/238/2015

Case brief

AI extract

What is this about?

The High Court directed the State to ensure strict compliance with existing Government Orders concerning the care and rights of juveniles, women prisoners, the mentally challenged, and the mentally ill. It mandated periodic reports every six months and retained the PIL to monitor implementation.

What did the court decide?

Strict compliance with Government Orders enforced; periodic reports required every six months; PIL retained for monitoring.

Member Secy., Apslsa, Hyd. Vs Secy… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD

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THURSDAY, THE TENTH DAY OF MARCH

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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PUBLIC INTEREST LITIGATION NO: 238 OF 2015

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Between:

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Member Secretary, Andhra Pradesh State Legal Services Authority, City Civil Courts Buildings, Hyderabad.

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...PETITIONER

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AND

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The Union of lndia, represented by its Secretary, Ministry of Consumer Affairs, Food and Public Distribution, New Delhi.

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The Union of lndia, represented by ats Secretary, Ministry of Drinking Water Supply and Sanitation, New Delhi.

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The Union of lndia, represented by its Secretary, Ministry of Home Affairs, New Delhi

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The Union of lndia, represented by its Secretary, Ministry of Health and Family Welfare, New Delhi

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The Union of lndia, represented by its Secretary, Ministry of Women and Child Development, New Delhi

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The State of Telangana, represented by its, Chief Secretary, Secretariat, Hyderabad.

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The State of Andhra Pradesh, represented by its, Chief Secretary, Secretariat, Hyderabad.

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B. The State of Telangana represented by Principal Secretary,, Home Department, Secretariat, Hyderabad.

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The State of Andhra Pradesh rep. by Principal Secretary, Home Department, Secretariat, Hyderabad.

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The State of Telangana represented by Principal Secretary,, Women Development, Child Welfare and Disable Welfare Department, Secretariat, Hyderabad.

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11.The State of Andhra Pradesh represented by Principal, Secretary, Women Development, Child Welfare and Disable Welfare Department, Secretariat, Hyderabad.

¶22

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12.The State of Te angana represented by Principal Secretan/,^llocial Welfare Department, Se .;retariat, Hyderabad.

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1 3. The State of Ar lhra Pradesh represented by Principal, Secretary, Social Welfare Depart nent, Secretariat, Hyderabad.

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14-The State of Te angana represented by Principal Secretari, School Education Dep; rtment, Secretariat, Hyderabad.

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15.The State of Ar dhra Pradesh represented by Principal, Se cretary, School Education Dep, rrtment, Secretariat, Hyderabad.

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16.The State of Tr langana represented by Principal Secretary,, Medical, Health and Family We fare Department, Secretariat, Hyderabad.

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17.The State of Ar dhra Pradesh represented by Principal. Secretary, ltrledical, Health and Fanily Welfare Department, Secretariat, Hyderabad.

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The State of T( langana represented by Principal Secretary, Social Welfare Department, S rcretariat, Hyderabad.

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19.The State of A rdhra Pradesh represented by Principal, Sr;c.etary, Social Welfare Depar ment, Secretariat, Hyderabad.

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20.The Director G::neral of Police,, Telangana, Hyderabad.

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21.The Director € :neral of Police,, Andhra Pradesh, Hyderabad.

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22.Direclot Gene al and lnspector General of Prisons ancl, C.orrectional Services, Telangana, Hy lerabad.

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Director Gene al and lnspector General of Prisons and, C;orrectional Services, Andhra Prade^,h, Hyderabad.

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Director, Juve rile Welfare, Correctional Services and Welfare of Street Children, Tela rgana, Hyderabad.

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Director, Juve rile Welfare, Conectional Services and Welfare of Street Children, And rra Pradesh, Hyderabad.

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..RESPONDENTS

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Petitior under Article 226 of the Constitution of lndia praying that in the circumstances tated in the Affidavit filed therewrth. the lligh Court may be pleased to issue a r rrit, direction, order in the nature of man lermus calling for the records with respe( t to the enforcement of the rights r>f the i) luvenile offenders, women prisoners rnd their children, ii) mentally challenrleC under-trials and convicts, such unfr rtunate members of the society as sulfer from any mental disability and iii) th: people who suffer from such illness brrt are not involved in any crime and yet r uffer harassment, neglect or deprivatron at the hands of their family or are see r roaming about in public places wittrout any one taking responsibility for tt eir care, prolection or maintenance an(l \iith regard to their

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/ food, shelter, medical care, clothing, education, recreational facilities and to issue appropriate directions in enforcement of the rights of the aforesaid class of persons.

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Counsel for Petitioner: SRI J. ANIL KUMAR

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Counsel for Respondent Nos.1 to 5: SRI N.RAJESWAR RAO,Asst.Sol.Gen. Counsel for Respondent No.6: GP FOR GENERAL ADMINISTRATION(TGy ADVOCATE GENERAL (TG)

¶42

Counsel for Respondent No.7: GP FOR GENERAL ADMINISTRATION (APy ADVOCATE GENERAL (AP)

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Counsel for Respondent No.8: GP FOR HOME (TG)

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Counsel for Respondent No.9: GP FOR HOME (AP) Counsel for Respondent No.10: GP FoR Br,?,ffiX,r?i5h:",IoTt^*

¶45

Counsel for Respondent No.11: GP FOR WOMEN DEVELOPMENT & CHILD WELFARE (AP)

¶46

Counsel for Respondent No.12 & 18: GP FOR SOCIAL WELFARE^(TG) Counsel for Respondent No.13 & 19: GP FOR SOCIAL WELFARE^(AP) Counsel for Respondent No.14: GP FOR SCHOOL EDUCATION^(TG) Counsel for Respondent No.15: GP FOR SCHOOL EDUCATION^(AP) Counsel for Respondent No.16: GP FOR MEDICAL, HEALTH & FAMILY WELFARE (TG)

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Counsel for Respondent No.17: GP FOR MEDICAL, HEALTH^& FAMILY WELFARE (AP)

¶48

Counsel for the Respondent No.20, 22 & 24: GP FOR HOME^(TG) Counsel for the Respondent No.21, 23 &^25'. GP FOR HOME^(AP)

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The Court made the following: ORDER

¶50

¶51

THE HON'BL :) THE CHIEF JUSTICE SATISH CIIAI{I)ltl!. SFIARMA AND

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THE HO] 'I]LE SRI JUSTICE ABHINAND KIjM.l\Ii SIiAI'ILI

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PUBLIC INTEREST LITIGATION No.23B cf 20 15

¶54

CRDER: lPer t e llon'ble the Chief Justice Satish Charulra Shon'.o)

¶55

Tl-re tr r-esent public interest litigatiorr ras; l-reen registerecl b ,rsed upon the communication rece ived lrom tLrir Assistar rt Registrar, Supreme Court of Iniiia. r,l:rtetl lO.1'-L.2ol4 .oursLrant to an order passed by the Hon'ble Supreme C lrrt in W.P (Civil).No.559 of 1994, dzrted i 3 l 1.2014.

¶56

The s rbject matter of tJle present Jlrl>lir: nterest litig;rtion rel ltes to enforcement of the rights c,f tlre lur'<:nile trfr. n ders, \ o ntcn prisoners and their chil<lr'i n. nrcnt.tll\ c irirllcrrgcd undertrials and convicts as rve'l its peopie su lle ring lrr m such illness who were not in'()l., e (l in :rrrv (nnlc. \et s.rlTering from harassment at the lriLn<ls of thr:ir lr,.r.: r ilv or ar' seen roaming in public piaces

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This⁽ ourt has passed various orders lrc,nr Limc Lo timc clirccti rg the State Government t.o takl) irpl)'-()l)rii{te :rclit,n irr th ) matl.cr and the State Covcrrtrrt. ll lir:; issrred

¶58

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G.O.Ms.No.2l on 19.O9.2017 keeping in view the order passed by the Hon'ble Supreme Court in respect of the mentally challenged undertria,ls and convicts. The State Govemment has also issued another Government Order i.e., G.O.Ms.No.22, dated lO.O2.2O18, in respect of pregnant women and women with infants and children in jail and a procedure has been prescribed for dealing with such inmates. They are also granted leave for the purpose of delivery of child by the authorities and again a detailed procedure is prescribed safeguarding the interest of such prisoners. The third Government Ordcr issued by the State Government i.e., G.O.Ms.No.73, dated 25.07.2OL8, is again in respect of woman convict prisoners for grant of parole. The State Government has also issued another Government Order i.e., G.O.Ms.No.22, dated 28.10.2O17, modifying the earlier Government Orders i.e., G.O.Ms.Nos.2O and 21, dated 19.09.2017. in respect of the mentally challenged persons u,ho are not involved in an,y crime and yet suffering harassment at the hands of their family. Various committees have been constituted pursuant to the aforesaid Governmer-rt Order. It is true

¶60

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that variou Government Orders have been issued on the sr-rbject, but they are required to be implement(:d in toto

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There ore, the State is directed to ensure strict compliance of all the Government Orders anJ a periodic report be a lso filed to this Court after everry srx months u,ith the Rr gistrar Genera] with a copy to the Telarrgana State Legal i<:rvices Authority. The Telerng;ara State [,egal Servir es Authority shall also monitor t]r: issue after rcceLving st :i'r report and in case there is nec,:s;sit't of an.), l'urther ord'rs to be passed in the present pu,blic intercst i it igatio n . t rc 'lelangana State Legal Servicr:s A.rthontr strall bc lr re to file an appropriate appliczLtion in tlre prcsent pul rlic interest litigation for revival of the present prrirlic inter 'st litigation.

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,\rith the aforesaid, the present prrblic r n tex':; t

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litir{ittion is .lisposed of accordingly.

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To,

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Stt/-1.6q1ar*A KUMAR DEPUT/r REGTSTRAR //TRUE COPY// ( - ltj SECTION OFFICER

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1 The Chief 51 cretary, State of Telangana, Secretariat, F yrJerabad.

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2 The Pnncipa Secretary, State of Telangana, Honte Dei)artmenl, Secretariat, Hyderabad.

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3 The Principa Secretary, Women Development, Chilcl Welfare and Disable wetrare Dep ,rrmenr, State or tednga-n{ S;;;il;;j, iyrrerabad

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9)"

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(

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The Principal Secretary,, Social Welfare Department, State of Telangana Secretariat, Hyderabad.

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The Principal Secretary, School Education Department, State of Telangana Secretariat, Hyderabad.

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The Principal Secretary, Medical, Health and Family Welfare Department, State of Telangana, Secretariat, Hyderabad.

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The Principal Secretary,, Social Welfare Department, State of Telangana Secretariat, Hyderabad.

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The Director General of Police,, Telangana, Hyderabad.

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The Director General and lnspector General of Prisons and, Correctional Services, Telangana, Hyderabad.

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The Director, Juvenile Welfare, Correctional Services and Welfare of Street Children, Telangana, Hyderabad.

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1 1 . The Registrar General, High Court for the State of Telangana, Hyderabad.

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The Member Secretary, Telangana State Legal Services Authority, Hyderabad.

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13.Two CCs to the Ad\rccate General(TG), High Court for the State of Telangana. [OUTI

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'l4.Two CCs to the Advocate General (AP), High Court of Andhra Pradesh at Amaravati. [OUTj

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15.Two CCs to the GP for General Administration (TG), High Court for lhe State of Telangana. [OUT]

¶84

Two CCs to the GP for General Administration^(AP), High Court of Andhra Pradesh at Amaravati. [OUT]

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17,Two CCs to the GP for Home(TG), High Court for the State of Telangana. touTl

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1B.Two CCs to the GP for Home^(AP), High Court for the State of Telangana. tourl

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19.Two CCs to th.l GP forWomen Development & Child Welfare^(TG), High Court for the S tate of Telangana. [OUT]

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Two CCs to tt -- GP for Women Development & Child We lfare (AP), High Court of Andh a Pradesh at Amaravati. [OUT]

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21 .fwo CCs to tt e GP for Social Welfare (TG), High Court fcr the State of Telangana. [C UTI

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22.Two CCs to tl e GP for Social Welfare (AP), High Court of Andhra Pradesh at Amaravati [Or ]Tl

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23.Two CCs to tl e GP for School Education (TG), High Court for the State of Telangana. [^,UT]

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24.Two CCs to t re GP for School Education(AP), High Court of Andhra Pradesh at Amaravati. |OUTI

¶93

25.Two CCs to t re GP for Medical, Health & Family Welfan:(Tc) High Court for the State of^'l i:langana. [OUT]

¶94

26.Two CCs to t re GP for Medical, Health & Family Welfarr..(AP), High Court of Andhra Prad, 'sh at Amaravati. [OUTI

¶95

Two CCs to he GP for Home(TG), High Court forthe State of Telangana. IOUTI

¶96

Two CCs to^' re GP for Home(AP), High Court of Andhr:r Pradesh at Amaravati. [{ )UT]

¶97

29.One CC to S iJ.Anil Kumar, Advocate IOPUCI

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One CC to S^-r N.Rajeswar Rao, Asst.Sol.General [OPUCI

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31 . Two C.D. Cr^pies.

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One Spare⁽ opy.

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MRCBS \A

HIGH COUR'"

DATED:1010.i'|2022

ORDER

PlL.No.238 of 2015

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¶107

DISPOSINC OF THE PIL

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Member Secy., Apslsa, Hyd. v. Secy., Min. of Consumer Affairs, New Delhi and 24 Ors.

Case brief

What is this about?

What did the court decide?

Member Secy., Apslsa, Hyd. v. Secy., Min. of Consumer Affairs, New Delhi and 24 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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