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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
I N D E X
IN
CIVIL MISC. PUBLIC INTEREST LITIGATION NO. 33595 OF 2013 (Under Article 226 of the Constitution of India)
(DISTRICT :: ALLAHABAD.)
Akansha Tiwari & others. …Petitioners.
Versus
State of U.P. & others. …Respondents.
Sl.
No.
Particular of Papers. Dates
Annex.
No.
Page No.
Fm | To
1. List of relevant dates and events.
2. Civil Misc. Stay Application.(Under
Section 151 of Code of Civil Procedure).
3. Civil Misc. (PIL) Writ Petition.
(Under Article 226 of the Constitution of
India).
4. Photocopy of the orders of the
Hon'ble High Court passed in Public
Interest Litigation No. 33721 of
2011, ‘Utkarsh Dixit & others Vs.
State of U.P. & others.
06.06.2011,
09.06.2011
and
10.06.2011
(1)
5. Photocopy of the fact finding report
alongwith the photographs.
(2)
6. AFFIDAVIT in support of Writ
Petition.
7. Proof of Identification of the
deponent.
8. Vakalatnama.
(Akansha Tiwari) (Juhi Matani) (Heena Keswani)
(Abhishek Srivastava) (Varun Tandon) (Devesh Yadav)
(Shekhar Raju) (Shashank Tiwari)
ALL IN-PERSON
Dated : June, 2013 Mob.: 8005333039.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
LIST OF RELEVANT DATES & EVENTS
IN
CIVIL MISC. PUBLIC INTEREST LITIGATION NO. 33595 OF 2013 (Under Article 226 of the Constitution of India)
(DISTRICT :: ALLAHABAD.)
Akansha Tiwari & others. …Petitioners.
Versus
State of U.P. & others. …Respondents.
Dates Events
The Petitioners are the students who are doing internship on
Human Rights and it is also their part of project to prepare the
report of the violations in the area of their work, to draft the
Public Interest Litigation and also to appear before the Hon'ble
Court for seeking relief to the persons who have no access to
the justice delivery system for their social handicaps.
The India being the signatory of the convention of the
rights of the Child convened by the General Assembly of
the United Nations in 1989 which prescribed a set of
standards to be adhered to by all the State parties in
securing the best interest of the child.
Our Constitution in several provisions including Clause
(iii) of the Article 15, Clause (e) and (f) of the Article
39, Article 45 and 47 impose on the State, a primary
responsibility for ensuring that all the needs of the
children are met and that there basic human rights are
fully protected.
Under the obligations due to the signatory in the child
convention of the United States and due to salutary
provisions of our Constitution, the Parliament enacted
the Juvenile Justice (Care and Protection of Children)
Act, 2000 which was subsequently substituted by
Juvenile Justice (Care and Protection of Children) Act,
2006.
In 2007, the Juvenile Justice (Care and Protection of
Children) Rules, 2007 came into being in exercise of the
power conferred by the proviso to sub-section 1 of
Section 68 of Juvenile Justice (Care and Protection of
Children) Act, 2000.
The Schedule-I under the rule 41 and Schedule- II under the
rule 44 gives a detailed and mandatory description for the
Juveniles under the headings Bedding, Clothing for Girls,
Clothing for Boys, Miscellaneous Articles, Nutrition and Diet
Scale.
There is a shelter home in Allahabad situated at Shivkuti
where the children upto the age of 10 year are kept.
The Petitioners are the students of law studying in
various law universities and are doing summer internship
in the office of the Human Rights Law Network.
The Petitioners being the law interns also came across
the Public Interest Litigations done on the basis of the
fact finding reports of the law students of the previous
years and also read the various orders of the Hon'ble
High Court for the improvement of the Human Rights
conditions of the Shishu Graha at Shivkuti.
After reading the fact finding report, Public Interest
Litigations and the orders of the Hon'ble Court, it was
decided that the Petitioners being the law interns shall
make a visit to the Shishu Graha, Shivkuti, Allahabad.
30.05.2013 A meeting was held in the office of Human Rights Law
Network on 30th
May, 2013 and it was decided that a
team shall be constituted who will visit the Shishu Graha
at Shivkuti under the guidance of Shri Utkarsh Dixit, a
law student of Allahabad University.
01.06.2013 On the basis of the decision so taken, the fact finding team
visited the juvenile home on 01.06.2013 and prepared a report
on the basis of their interaction with the children, staff and
other members present there.
The Petitioners respectfully submits that in spite of the fact that
there is the Constitutional provisions for the safeguards of the
children, a separate complete exhaustive Act and Rules and
various orders of the Hon'ble Court to improve the condition of
the Shishu Graha at Shivkuti, situation was much worse.
When the fact finding team inquired the Assistant
Superintendent about the deplorable condition of the Bal
Shishu Graha and they gave lame excuses. The behavior of
authorities of Bal Graha was so inhuman that they were not
even providing mattresses to the children. There is no
ambulance or any other vehicle provided to take the ill children
to the hospitals.
In Bal Shishu Graha, there was not sufficient number of staffs
and the existing staffs are also not regular. As the children are
more in number as compared to staffs so more number of staffs
is required because mentally and physically challenged children
live together with normal children so the management needs
perfection to manage it properly and according to the needs of
the children.
It is a clear-cut violation of Article 21A of Fundamental Right
to free and compulsory education is there, the children are not
facilitated with proper educational facilities. According to a
child a sometimes a teacher comes at her own sweet will to
teach the children some rhymes and alphabets and that is it. No
child is catered to according to his/her special needs, so much
so that even the mentally challenged children who require a
different approach w.r.t. methods of teaching are not provided
so and are dealt with indifferently.
The Fact Finding Team found the rooms are unclean and stink
badly. There is no proper ventilation and this makes it a
suffocating plight for the children. Altogether the condition
inside the children's home present an appalling sight and a
straightaway infringement of Article 21 of the Constitution of
India.
June,13 Hence the present Public Interest Litigation filed by the
Petitioners.
(Akansha Tiwari) (Juhi Matani) (Heena Keswani)
(Abhishek Srivastava) (Varun Tandon) (Devesh Yadav)
(Shekhar Raju) (Shashank Tiwari)
ALL IN-PERSON
Dated : June, 2013 Mob.: 8005333039.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
CIVIL MISC. STAY APPLICATION No. 33595 OF 2013 (Under Section 151 of Code of Civil Procedure)
On behalf of :-
Akansha Tiwari & others. …Applicants/Petitioners. g
IN
CIVIL MISC. PUBLIC INTEREST LITIGATION NO. OF 2013 (Under Article 226 of the Constitution of India)
(DISTRICT :: ALLAHABAD.)
1. Akansha Tiwari,
Daughter of Shri Amit Tiwari,
IInd Semester, University of Law, Nirma University,
Resident of P-85, A.D. Commanders House, Air Enclave,
Central Air Command, Bumrauli,
Allahabad.
2. Juhi Matani,
Daughter of Shri Kanhaiya Matani,
IInd Semester, Amity University,
Lucknow.
Resident of 3018, Anant Vihar,
1, Lohiya Marg, Civil Lines,
Allahabad.
3. Heena Keswani,
Daughter of Shri Vasudev Keswani,
IInd Semester University of Petroleum and Energy Studies,
Dehradun,
Resident of 23/34-A, Lukarganj,
Allahabad.
4. Abhishek Srivastava,
Son of Shri Arun Kumar Srivastava,
IInd Semester, Institute of Law, Nirma University,
Resident of HIG-S4, Preetam Nagar,
Allahabad.
5. Varun Tandon,
Son of Shri Ashok Tandon,
IInd Semester, Institute of Law, Nirma University,
Resident of 35/11/7, Pushpanjali Colony,
Hastings Road, Allahabad.
6. Devesh Yadav,
Son of Shri Balvir Singh,
IInd Semester, KIIT Law School, Bhubaneshwar,
Resident of Street No. 2, Yadav Nagar,
Mainpuri, U.P.
7. Shekhar Raju,
Son of Shri A.P. Nigam,
IInd Semester, Amity University, Lucknow,
Resident of 36/F, Louther Road, Anand Mai Colony,
Allahabad.
8. Shashank Tiwari,
Son of Shri Rakesh Tiwari,
IInd Semester, University of Petroleum and Energy Studies,
Dehradun.
Resident of 46/14/7, Ganesh Nagar,
Muirabad, Allahabad.
…Petitioners.
Versus
1. State of U.P.,
Through Principal Secretary
Child Welfare, Lucknow.
2. Director,
Child Welfare, Secretariat, Lucknow.
3. District Magistrate, Allahabad.
4. District Social and Child Welfare Officer,
District Allahabad.
5. Superintendent, Shishu Graha,
Shivkuti, Allahabad.
…Respondents.
To,
The Hon’ble the Chief Justice and his other companion Judges of the
aforesaid Court.
The humble application on behalf of above named, Applicants/
Petitioners, Most Respectfully Showeth as under:
1. That the full facts and circumstances of the case have been stated in
the accompanying (PIL) writ petition, which forms part of this
application.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court
may graciously be pleased to appoint a Commission to give a detailed
report of the conditions of the Bal Shishu Graha at Khuldabad and
submit its report before the Hon'ble Court and further direct the
Respondent No. 3 & 4 to provide the clothing, food and medical
facilities to the inmates of the Bal Shishu Graha, Shivkuti, Allahabad
immediately.
And/or pass such other and further orders which this Hon'ble
Court may deem fit and proper in the nature and circumstances of the
case.
(Akansha Tiwari) (Juhi Matani) (Heena Keswani)
(Abhishek Srivastava) (Varun Tandon) (Devesh Yadav)
(Shekhar Raju) (Shashank Tiwari)
ALL IN-PERSON
Dated : June, 2013 Mob.: 8005333039.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
***** CIVIL MISC. PUBLIC INTEREST LITIGATION NO. OF 2013
(Under Article 226 of the Constitution of India)
(DISTRICT :: ALLAHABAD.)
1. Akansha Tiwari,
Daughter of Shri Amit Tiwari,
IInd Semester, University of Law, Nirma University,
Resident of P-85, A.D. Commanders House, Air Enclave,
Central Air Command, Bumrauli,
Allahabad.
2. Juhi Matani,
Daughter of Shri Kanhaiya Matani,
IInd Semester, Amity University,
Lucknow.
Resident of 3018, Anant Vihar,
1, Lohiya Marg, Civil Lines,
Allahabad.
3. Heena Keswani,
Daughter of Shri Vasudev Keswani,
IInd Semester University of Petroleum and Energy Studies,
Dehradun,
Resident of 23/34-A, Lukarganj,
Allahabad.
4. Abhishek Srivastava,
Son of Shri Arun Kumar Srivastava,
IInd Semester, Institute of Law, Nirma University,
Resident of HIG-S4, Preetam Nagar,
Allahabad.
5. Varun Tandon,
Son of Shri Ashok Tandon,
IInd Semester, Institute of Law, Nirma University,
Resident of 35/11/7, Pushpanjali Colony,
Hastings Road, Allahabad.
6. Devesh Yadav,
Son of Shri Balvir Singh,
IInd Semester, KIIT Law School, Bhubaneshwar,
Resident of Street No. 2, Yadav Nagar,
Mainpuri, U.P.
7. Shekhar Raju,
Son of Shri A.P. Nigam,
IInd Semester, Amity University, Lucknow,
Resident of 36/F, Louther Road, Anand Mai Colony,
Allahabad.
8. Shashank Tiwari,
Son of Shri Rakesh Tiwari,
IInd Semester, University of Petroleum and Energy Studies,
Dehradun.
Resident of 46/14/7, Ganesh Nagar,
Muirabad, Allahabad.
…Petitioners.
Versus
1. State of U.P.,
Through Principal Secretary
Child Welfare, Lucknow.
2. Director,
Child Welfare, Secretariat, Lucknow.
3. District Magistrate, Allahabad.
4. District Social and Child Welfare Officer,
District Allahabad.
5. Superintendent, Shishu Graha,
Shivkuti, Allahabad.
…Respondents.
To,
The Hon’ble the Chief Justice and his other companion Judges of the
aforesaid court.
The humble Petition on behalf of above named Petitioners, Most
Respectfully Showeth as under:
1. That this is the first Writ Petition being filed on the present
cause of action and no other Petition of any kind has been filed
by or on behalf of the Petitioners for the same or similar relief.
2. That no copy of the caveat application has been received by the
Petitioners nor Petitioners have any knowledge regarding filing
of any caveat application on behalf of any of the Respondents.
3. That the Petitioners have no ill-will of prejudice towards anyone and
he is not prejudiced in filing the present Public Interest Litigation.
4. That the Petitioners are not filing this petition to benefit themselves or
to harm any person or institution.
5. That the Petitioners are not filing this Public Interest Litigation at the
behest of some other persons to fulfill their other motives.
6. That the Petitioners are not filing this Public Interest Litigation for
any personal interest or personal gain.
7. That the Petitioners are the students who are doing internship on
Human Rights and it is also their part of project to prepare the report
of the violations in the area of their work, to draft the Public Interest
Litigation and also to appear before the Hon'ble Court for seeking
relief to the persons who have no access to the justice delivery system
for their social handicaps.
8. That the India being the signatory of the convention of the
rights of the Child convened by the General Assembly of the
United Nations in 1989 which prescribed a set of standards to
be adhered to by all the State parties in securing the best
interest of the child.
9. That our Constitution in several provisions including Clause
(iii) of the Article 15, Clause (e) and (f) of the Article 39,
Article 45 and 47 impose on the State, a primary responsibility
for ensuring that all the needs of the children are met and that
there basic human rights are fully protected.
10. That under the obligations due to the signatory in the child
convention of the United States and due to salutary provisions
of our Constitution, the Parliament enacted the Juvenile Justice
(Care and Protection of Children) Act, 2000 which was
subsequently substituted by Juvenile Justice (Care and
Protection of Children) Act, 2006.
11. That in 2007, the Juvenile Justice (Care and Protection of
Children) Rules, 2007 came into being in exercise of the power
conferred by the proviso to sub-section 1 of Section 68 of
Juvenile Justice (Care and Protection of Children) Act, 2000 .
12. That Chapter II of the Act deals with the juvenile in conflict
with law which contains Section 4 to 28.
13. That Chapter III of the Act deals with child in need of care and
protection which runs from Section 29 upto Section 39.
14. That Section 4 of the Act deals with rehabilitation and social
integration and section 41 of it deals with adoption.
15. That Section 34 of the Act contains the provisions of Children
Home which says that the State Government may establish and
maintain children homes by itself or in association with the
voluntary organization for the reception of child in need of care
and protection.
16. That the Juvenile Justice (Care and Protection of Children) Act, 2000
is divided in five chapters.
17. That Chapter-III deals with child in need of care and protection which
runs from Section 29 to Section 39.
18. That the Section 34 deals with children's home which is establish and
maintained by State Government either by itself or in association with
the voluntary organization for the reception of the child in need of
care and protection.
19. That Section 34(2) says that the government may by rule provide for
the management of children's home including the standards and the
natures of services to be provided by them.
20. That the Uttar Pradesh Juvenile Justice (Care and Protection of
Children) Rules, 2004 (hereinafter referred as Rule, 2004) has been
made in exercise of power under Section 68 of the Juvenile Justice
(Care and Protection of Children) Act, 2000.
21. That Rule 27 of the Rules, 2004 deals with the children's home.
22. That Rule 27(2) says that every children's home shall have a
comprehensive child care centre with primary objective to promote an
integrated approach to child care by involving the community and
local NGO's.
23. That Rule 27(4) says that every children shall have a facility of
physical infrastructure, clothing and bedding, nutrition, medical,
education, vocational training, counseling and recreation facilities.
24. That the Schedule-I under the rule 41 and Schedule- II under the rule
44 gives a detailed and mandatory description for the Juveniles under
the headings Bedding, Clothing for Girls, Clothing for Boys,
Miscellaneous Articles, Nutrition and Diet Scale.
25. That there is a shelter home in Allahabad situated at Shivkuti
where the children upto the age of 10 year are kept.
26. That the Petitioners are the students of law studying in various
law universities and are doing summer internship in the office
of the Human Rights Law Network.
27. That during the course of their internship, they came across the
several fact finding reports done in the previous years by the
law students.
28. That the Petitioners being the law interns also came across the
Public Interest Litigations done on the basis of the fact finding
reports of the law students of the previous years and also read
the various orders of the Hon'ble High Court for the
improvement of the Human Rights conditions of the Shishu
Graha at Shivkuti. A photocopy of the orders of the Hon'ble
High Court dated 06.06.2011, 09.06.2011 and 10.06.2011
passed in Public Interest Litigation No. 33721 of 2011,
‘Utkarsh Dixit & others Vs. State of U.P. & others are being
filed herewith and marked as Annexure No. 1 to this Writ
Petition.
29. That after reading the fact finding report, Public Interest
Litigations and the orders of the Hon'ble Court, it was decided
that the Petitioners being the law interns shall make a visit to
the Shishu Graha, Shivkuti, Allahabad.
30. That a meeting was held in the office of Human Rights Law
Network on 30th
May, 2013 and it was decided that a team shall
be constituted who will visit the Shishu Graha at Shivkuti
under the guidance of Shri Utkarsh Dixit, a law student of
Allahabad University. The fact finding team consisted of
(i) Akansha Tiwari, IInd Semester, University of Law, Nirma
University, Ahemdabad.
(ii) Juhi Matani, IInd Semester, Amity University, Lucknow.
(iii) Heena Keswani, IInd Semester University of Petroleum and
Energy Studies, Dehradun.
(iv) Abhishek Srivastava, IInd Semester, Institute of Law, Nirma
University, Ahemdabad.
(v) Varun Tandon, IInd Semester, Institute of Law, Nirma
University, Ahemdabad.
(vi) Devesh Yadav, IInd Semester, KIIT Law School,
Bhubaneshwar.
(vii) Ashutosh Singh, IInd Semester, Law College, Dehradun.
(viii) Devesh Yadav, IInd Semester, KIIT, Bhuvaneshwar.
(ix) Nishit Dixit, IInd Semester, Symboisis Lal School, Pune.
(x) Shashank Tiwari, IInd Semester, UPS, Dehradun.
(xi) Shekhar Raju, IInd Semester, Amity Law School ,
Lucknow.
31. That on the basis of the decision so taken, the fact finding team visited
the juvenile home on 01.06.2013 and prepared a report on the basis of
their interaction with the children, staff and other members present
there. A photocopy of the fact finding report alongwith the
photographs is being filed herewith and marked as Annexure No. 2 to
this Writ Petition.
32. That the Petitioners respectfully submits that in spite of the fact that
there is the Constitutional provisions for the safeguards of the
children, a separate complete exhaustive Act and Rules and various
orders of the Hon'ble Court to improve the condition of the Shishu
Graha at Shivkuti, situation was much worse.
33. That when the fact finding team inquired the Assistant Superintendent
about the deplorable condition of the Bal Shishu Graha and they gave
lame excuses. The behavior of authorities of Bal Graha was so
inhuman that they were not even providing mattresses to the children.
There is no ambulance or any other vehicle provided to take the ill
children to the hospitals.
34. That the fact finding team found that the provisions given in the
Schedule-II of the Juvenile Justice (Care and Protection of Children)
Rules, 2007 was not adopted and implemented by the authorities of
the Bal Shishu Graha.
35. That the fact finding team found that all the facilities given in the
Schedule-II of Juvenile Justice (Care and Protection of Children)
Rules, 2007 was not provided to the children living in the Bal Shishu
Graha.
36. That in Bal Shishu Graha, there was not sufficient number of staffs
and the existing staffs are also not regular. As the children are more in
number as compared to staffs so more number of staffs is required
because mentally and physically challenged children live together
with normal children so the management needs perfection to manage
it properly and according to the needs of the children.
37. That the two most important authorities, first is Superintendent and
second Vice-Superintendent in Bal Graha were vacant. The
Superintendent who was appointed earlier was absent since four
months and no action has been taken against her till now.
38. That the most mismanagement was on the part of District Probation
Officer namely Mr. Puneet Sharma, as he remained inactive and has
not taken a single action regarding crucial issues like insufficient
staffs, poor education system, irregularity on the part of teachers,
requirement of daily needs of the children, salary deduction.
39. That inspite of the fact that free and compulsory education has been
the part of the fundamental right for the children upto 6-14 years, but
no effort has been made by the authorities to enroll the children in any
neighbouring school or write to the Basic Education Officers of the
Allahabad to arrange the teachers for informal/formal teaching under
the Sarv Shiksha Abhiyan in the children's home campus.
40. That the Fact Finding Team found that only there were only 4-5
caretakers present in the children's home when they made the surprise
visit, although the authorities told them that there are 14 staff
members in the home. It shows that the working staffs were
inadequate.
41. That it was found by the Fact Finding Team that there was no indoor
and outdoor game facilities, music, television, story books, dance
facilities provided to the children.
42. That the Fact Finding Team found that all the toys, books, bicycles
were lying locked in the storeroom and the children had no access to it
and they cannot even touch it. The authorities take the plea that the
children may escape if they are allowed outdoor activities or game.
43. That the infrastructure for the purpose of the residence of the children
is not adequate. All the 17 boys are kept in a single room which
makes it a suffocating affair. Same is the case with girls, 9 girls are
kept in a single room. Wooden cots were not in sufficient numbers.
Improper ventilation facilities make it stuffy and in hygienic
conditions add on to it. The place was also very congested such that
children were not even having space to run, play and perform other
personality development activities.
44. That all the children are grouped together for the purpose of providing
daily needs. Children requiring special care, such as mentally and
physically challenged children, are denied those and this leads to their
accelerated deterioration of their physical and mental health,
consequently becoming a threat to the development of other children.
Resultantly no special education and medical treatment is provided to
them. Even the children who are detected with HIV+ virus are not
segregated according to their special needs and are kept together.
45. That the Team was informed that the children perform their own tasks
like washing clothes, toilets, rooms and other daily tasks. They are
even made to sweep the floors. There was one washing machine and
one refrigerator which were not functioning properly. There was no
water cooler for cold drinking water.
46. That the children kept in the home are facing harsh attitude of the
authorities. They are severely beaten by the authorities, as told by
them to the Fact Finding Team.
47. That the caretakers of the Bal Shishu Graha told the Petitioners that
they are 35 children are presently there but when the fact finding team
counted the number of children, they are only 26 and two were
admitted in Children Hospital and there were two rooms having no
ventilation and in every room there were wooden cots and the children
told to the Team that in one cot, more then 4 children are forced to
sleep.
48. That the children were terrified by the treatment meted out to them by
the staff and reported instances of frequent beating. Due to the
presence of the staff nearby, they were reluctant to speak to the team
as they might be flogged later on due to the divulgence of
information.
49. That with respect to food, the children reported that almost the same
menu is there for every day, the quality of the food is degraded and
hence the children suffer from malnutrition. According to the
supervisor, sufficient funds are allocated for meeting dietary
necessities but sadly and evidently, they are not properly utilized.
The team also found that the food grains kept there were infested with
insects.
50. That a clear-cut violation of Article 21A of Fundamental Right to free
and compulsory education is there, the children are not facilitated with
proper educational facilities. According to a child a sometimes a
teacher comes at her own sweet will to teach the children some
rhymes and alphabets and that is it. No child is catered to according to
his/her special needs, so much so that even the mentally challenged
children who require a different approach w.r.t. methods of teaching
are not provided so and are dealt with indifferently.
51. That there are no recreational facilities within the close reach of the
children. The building being situated in a congested area, has no
playground or open space for the children to play and run around.
Some toys and bicycles are there but they are permanently kept locked
up in the storeroom without the reach of the children. The television
sets are dysfunctional and no other recreational activities such as
music, dance, painting etc. are promoted here.
52. That the Fact Finding Team found that all the toys, books, bicycles
were lying locked in the storeroom and the children had no access to it
and they cannot even touch it. The authorities take the plea that the
children may escape if they are allowed outdoor activities or game.
53. That the Fact Finding Team found that the children were terrified by
the treatment meted out to them by the staff and reported instances of
frequent beating. Due to the presence of the staff nearby, they were
reluctant to speak to the team as they might be flogged later on due to
the divulgence of information.
54. That the Fact Finding Team found that the according to the
supervisor, sufficient funds are allocated for meeting dietary
necessities but sadly and evidently, they are not properly utilized.
55. That the Fact Finding Team found requisite attention is paid to the
personal health and hygiene of the children. There appearance made it
apparent that they wanted in proper toiletries and their use. There are
no proper sanitation facilities as is clear by the condition of the
washrooms. The heads of the children have been shaved so that the
staff can do away with the expenses of hair-oil and other hair-care
facilities.
56. That the Fact Finding Team found the rooms are unclean and stink
badly. There is no proper ventilation and this makes it a suffocating
plight for the children. Altogether the condition inside the children's
home present an appalling sight and a straightaway infringement of
Article 21 of the Constitution of India.
57. That in view of the facts and circumstances stated above, it is
expedient in the interest of justice that this Hon'ble Court may be
pleased to appoint a Commission to give a detailed report of the
conditions of the Bal Shishu Graha at Khuldabad and submit its report
before the Hon'ble Court and further direct the Respondent No. 3 & 4
to provide the clothing, food and medical facilities to the inmates of
the Bal Shishu Graha, Shivkuti, Allahabad immediately.
58. That the Petitioners have no any other efficacious alternative remedy
except to approach this Hon’ble Court under Article 226 of the
Constitution of India.
59. That the Petitioners are filing the instant (PIL) writ petition inter-alia
on the following amongst other grounds :-
G R O U N D S
(i) BECAUSE, there is the Constitutional provisions for the safeguards
of the children, a separate complete exhaustive Act and Rules and
various orders of the Hon'ble Court to improve the condition of the
Shishu Graha at Shivkuti, situation was much worse.
(ii) BECAUSE, the fact finding team found that the provisions given in
the Schedule-II of the Juvenile Justice (Care and Protection of
Children) Rules, 2007 was not adopted and implemented by the
authorities of the Bal Shishu Graha.
(iii) BECAUSE, the fact finding team found that all the facilities given in
the Schedule-II of Juvenile Justice (Care and Protection of Children)
Rules, 2007 was not provided to the children living in the Bal Shishu
Graha.
(iv) BECAUSE, the free and compulsory education has been the part of
the fundamental right for the children upto 6-14 years, but no effort
has been made by the authorities to enroll the children in any
neighbouring school or write to the Basic Education Officers of the
Allahabad to arrange the teachers for informal/formal teaching under
the Sarv Shiksha Abhiyan in the children's home campus.
(v) BECAUSE, the children were terrified by the treatment meted out to
them by the staff and reported instances of frequent beating. Due to
the presence of the staff nearby, they were reluctant to speak to the
team as they might be flogged later on due to the divulgence of
information.
(vi) BECAUSE, a clear-cut violation of Article 21A of Fundamental Right
to free and compulsory education is there, the children are not
facilitated with proper educational facilities. According to a child a
sometimes a teacher comes at her own sweet will to teach the children
some rhymes and alphabets and that is it. No child is catered to
according to his/her special needs, so much so that even the mentally
challenged children who require a different approach w.r.t. methods of
teaching are not provided so and are dealt with indifferently.
(vii) BECAUSE, there are no recreational facilities within the close reach
of the children. The building being situated in a congested area, has no
playground or open space for the children to play and run around.
Some toys and bicycles are there but they are permanently kept locked
up in the storeroom without the reach of the children. The television
sets are dysfunctional and no other recreational activities such as
music, dance, painting etc. are promoted here.
(viii) BECAUSE, the Fact Finding Team found that the according to the
supervisor, sufficient funds are allocated for meeting dietary
necessities but sadly and evidently, they are not properly utilized.
(ix) BECAUSE, the Fact Finding Team found the rooms are unclean and
stink badly. There is no proper ventilation and this makes it a
suffocating plight for the children. Altogether the condition inside the
children's home present an appalling sight and a straightaway
infringement of Article 21 of the Constitution of India.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to :-
i) issue a writ, order or direction in the nature of Mandamus
commanding/directing the Respondents No. 3 & 4 to
effectively implement the facilities contain in Schedule II & III
provided under the Juvenile Justice (Care and Protection of
Children) Rules, 2007.
ii) issue a writ, order or direction in the nature of Mandamus
commanding/directing the Respondents No. 3 & 4 to provide
the day to day service of the doctor and teacher in the Bal
Shishu Graha, Shivkuti, Allahabad.
iii) issue a writ, order or direction in the nature of Mandamus
commanding/directing the Respondents No. 1, 2 & 3 to shift
the Shishu Graha from Shivkuti to any other place.
iv) issue such other writ, order or directions as this Hon'ble Court
may deem fit and proper having regard to the facts and
circumstances of the case; AND
v) to award cost of the Petition to the Petitioners.
(Akansha Tiwari) (Juhi Matani) (Heena Keswani)
(Abhishek Srivastava) (Varun Tandon) (Devesh Yadav)
(Shekhar Raju) (Shashank Tiwari)
ALL IN-PERSON
Dated : June, 2013 Mob.: 8005333039.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
A F F I D A V I T
IN
CIVIL MISC. PUBLIC INTEREST LITIGATION NO. OF 2013 (Under Article 226 of the Constitution of India)
(DISTRICT :: ALLAHABAD.)
Akansha Tiwari & others. …Petitioners.
Versus
State of U.P. & others. …Respondents.
Affidavit of Juhi Matani, Aged
about ….years, Daughter of Shri
Kanhaiya Matani, IInd Semester,
Amity University, Lucknow, Resident
of 3018, Anant Vihar, 1, Lohiya
Marg, Civil Lines, Allahabad. Hindu
by Religion, Occupation : Student.
(Deponent)
I, the deponent above named, do hereby solemnly affirm
and state on oath as under :
1. That the deponent is the Petitioner No. 2 in the above noted
Writ Petition and also she is well conversant with the facts
deposed to below.
I, the deponent above named, do hereby swear and
declare that the contents of paragraph No. 1 of this Affidavit
and those contents of paragraphs No.
of the accompanying Writ Petition are true to my personal
knowledge; those of paragraph Nos.
of the accompanying Writ Petition are based on the record of
the case; those of paragraph Nos.
of the accompanying Writ Petition are based on the information
received from
and those of paragraph Nos.
of the accompanying Writ Petition are based on legal advice,
which all I believe to be true and correct, no part of it is false
and nothing material has been concealed in it.
So help me God.
---------------------------
(Deponent)
Solemnly affirmed before me on this ____ day of June,
2013 at about _____ a.m./p.m. by the deponent who has been
identified by the aforesaid person.
I have satisfied myself by examining the deponent that
she understands the contents of this Affidavit fully well, which
has been read over and explained to her.
---------------------------
(Oath Commissioner)
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*****
ANNEXURE NO.- ( 2 )
IN
CIVIL MISC. PUBLIC INTEREST LITIGATION NO. OF 2013 (Under Article 226 of the Constitution of India)
(DISTRICT :: ALLAHABAD.)
Akansha Tiwari & others. …Petitioners.
Versus
State of U.P. & others. …Respondents.
****************************
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