IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION (C) NO.: ________ OF 2013

(UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA)

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

INDEX

Sl. No. Particulars Court Page No.

Fee
1. Notice of Motion
2. Urgent Application
3. Synopsis and List of Dates
4. Memo of Parties with Court Fee
5. Writ Petition with Affidavit
6. Annexure P-1

True copy of identity card of the Petitioner

issued by the Mission Convergence and

AADHAR
7. Annexure P-2

True copy of the letter dated 11.12.2012 to the

Petitioner communicating her about the

compensation.
8. Annexure P-3

True copy of the news report dated 15.01.2012

published in Times of India

9. Annexure P-4

True copy of the Fact Finding Report on Night

 Shelters in New Delhi: The status of pregnant

and Lactating Women prepared by Human

Rights Law Network

10. Annexure P-5

True copy of an excerpt of the list of residents

at Motia Khan
11. Annexure P-6

True copy of the Shelter Manual 2010

12. Annexure P-7

True copy of the photographs taken at Motia

Khan
13. Annexure P-8

True copy of order dated 12.01.2011 in W.P.

(C) 5913 of 2010

14. Annexure P-9

True copy of report titled Shelters for Pregnant

and Lactating Women throughout Delhi: March

April 2012, A Fact-Finding Report Prepared by

Delhi Health Activists in Conjunction with the

Human Rights Law Network dated 18.04.2012

15. Annexure P-10

True copy of UN General Assembly Technical

Guidelines dated 02.07.2012

16. C.M. No.:_________ of 2013

Application for Interim Relief with Affidavit

17. Vakalatnama
Total Court Fee:
Filed by
New Delhi

Date:
Dr. Doma Bhutia, Amiy Shukla and
Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION (C) NO.: ________ OF 2013

(UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA)

In the matter of:

Priya Kale Petitioner

VERSUS
Govt. of NCT of Delhi and Others Respondents
Notice of Motion
Sir

Please find enclosed the writ petition along with its annexures and

accompanying application(s) filed on behalf of the Petitioner herein before

the Honble Delhi High Court. The writ petition along with the accompanying

application is likely to be listed before the Honble Court on ____/____/2013

at 10:30 am or on any other day thereafter as per the convenience of the

Honble Court.

Please take notice accordingly.

New Delhi

Date:
Dr. Doma Bhutia, Amiy Shukla and
Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
To
1. Govt. of NCT of Delhi
(Through its Chief Secretary)
Govt. of NCT of Delhi
A-Wing, I.P. Estate,
Delhi Secretariat, Delhi - 110002
2. Dept. of Health and Family Welfare
(Through its Secretary)
Govt. of NCT of Delhi
9th Level, A-Wing, I.P. Estate,
Delhi Secretariat, Delhi - 110002
3. Delhi Urban Shelter Improvement Board
(Through its Chief Executive Officer)
Govt. of NCT of Delhi
Punarvas Bhawan, I.P. Estate,
New Delhi 110002
4. Ministry of Health and Family Welfare
(Through its Secretary)
Govt. of India
Nirman Bhawan, Maulana Azad Road
New Delhi- 110011
5. Ministry of Urban Development
(Through its Secretary)
Govt. of India
Nirman Bhawan, Maulana Azad Road
New Delhi- 110011
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION (C) NO.: ________ OF 2013

(UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA)

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

Urgent Application

To

Registrar

Delhi High Court

New Delhi

Sir

Please treat the accompanying writ petition and accompanying application on

urgent basis. The ground for urgency is the Petitioner is living in night shelter

and she is not being provided basic amenities there and in this regard, urgent

intervention and direction of this Honble Court is necessary.

New Delhi

Date:
Dr. Doma Bhutia, Amiy Shukla and
Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
 Synopsis

The present writ petition is being filed under Article 226 of the Constitution of

India seeking directions to Respondents to ensure availability and

functionality of 24 hours shelters for homeless pregnant and lactating women

living in the National Capital Territory of Delhi (hereinafter NCTD) and for the

implementation of Orders of the Honble Supreme Court in the case of PUCL

vs. Union of India in I. A Nos. 94 & 96 in Writ Petition No.196 of 2001 and

the orders of this Honble Court in suomoto case W.P. (C) No. 5913 of 2010

in letter and spirit. By way of this Petition, the Petitioner is seeking relief for

herself under NMBS and other benefits available to pregnant and lactating

mothers. The Petitioner has been denied benefits and entitlements by the

Respondents.

Petitioner has given birth to a baby in 2011 in a Park. Taking note of the

apathy of the Petitioner, National Human Rights Commission has directed to

compensate the Petitioner. However the compensation was not paid till late

2012. In the meantime, she gave birth to another baby girl on 25.10.2012.

When the Petitioner was running from pillars to post to get the compensation

amount as directed by NHRC, the baby girl died due to exposure of cold

weather. It is important to mention here that for both these babies, the

Petitioner did not get any entitlement under NMBS and other social security

schemes for pregnant and lactating mothers.

Petitioner is also seeking further direction of this Honble Court to provide hot

meals twice a day, i.e. lunch and dinner, including tea snacks in the morning

and afternoon in order to protect the residents of Commercial Complex at

Motia (hereinafter Motia Khan) to prevent them from contracting colds,

diseases, and their potential subsequent death.

Although state governments still largely neglect urban homeless people,

recent decisions of the Honble Supreme Court and this Honble Court have

recognized the fundamental rights of homeless people. In 2010, in response

to the deaths of several homeless people in New Delhi during the harsh

winter weather, the Honble Supreme Court in Peoples Union for Civil

Liberties (PUCL) vs. Union of India and Ors., [W.P. (C) 196 of 2001] passed a

series of orders mandating that the New Delhi state government provide

sufficient numbers of permanent shelters for homeless people, that the

shelters be open 24 hours a day, that they function in all seasons, and that

they have basic facilities and amenities to enable homeless people to live

their lives with dignity. Honble Supreme Court also recognised the discrete

needs of especially vulnerable groups of homeless people including single

women and their children, disabled homeless people, and homeless families.

Subsequently, Honble Supreme Court mandated that the Government of New

Delhi pay special attention to vulnerable groups within the homeless

community.

In August 2010, Laxmi Mandal, a destitute pregnant woman, died on the

streets of New Delhi while giving birth to a baby girl. Prior to her death,

Laxmi had been denied access to New Delhi hospitals. At that time, many

hospitals run by the Government of New Delhi did not admit destitute

pregnant women, forcing them to give birth on the footpath. Following a

news article in The Hindustan Times, this Honble Court took the case

suomoto W.P. (C) 5913 of 2010 and assigned Dr Colin Gonsalves, Senior

Advocate as amicus in the case. Ultimately, this Honble Court found that

forcing homeless women to give birth on the streets is a violation of the

womens and newborns right to life under Article 21 of the Indian

Constitution. Subsequently, the Court directed the New Delhi government to

establish two homeless shelters exclusively for homeless pregnant and

lactating women throughout the City. In the 12.01.2011 Order, this Honble

Court observed:

a. In view of the aforesaid, we command the government

of NCT of Delhi to file a proper and comprehensive affidavit

within a period of four weeks and pending that we direct the

Government of NCT of Delhi to demarcate or hire or create at

least two shelter centres meant for destitute pregnant women

and lactating women so that proper care can be taken to see

that no destitute woman is compelled to give birth to a child on

the footpath.

Despite the orders, the provision and condition of homeless shelters in New

Delhi remains severely lacking. There are still not enough permanent shelters

in New Delhi to meet either the Honble Supreme Courts orders or the needs

of New Delhis homeless population. Furthermore, the shelters that are in

place do not meet the basic requirements recommended in the 2010 Shelter

Manual compiled by the Supreme Court Commissioners. The lack of adequate

and functional 24 hours shelters for pregnant and lactating homeless women

in New Delhi forces them to live in squalid and undignified conditions and risk

their health and the health of their children. More recently, a team of Human

Rights Law Network activists met with three women living at Motia Khan who

had all delivered in the shelter without any medical assistance. One of them,

the Petitioner in this present petition, lost her two-month-old daughter in

early January due to her exposure of living in a shelter without appropriate

heating or health services.

The needs of vulnerable groups of homeless people, especially pregnant and

lactating women, continue to be neglected in New Delhi. It is imperative that

this Honble Court issue any orders as it sees fit to Respondents to protect,

promote, and fulfil the fundamental rights of pregnant and lactating homeless

women and their children by providing them with sufficient food, clothing,

and shelter.

List of Dates and Events

Date Event
January : Petitioner gave birth to her child in a park.

2011
25.10.2012 : Petitioner gave birth to her baby girl in Motia Khan Shelter

Home.
11.12.2012 : Taking cognisance of the child birth in the Park in January

2011, the National Human Rights Commission directed to

pay compensation to the Petitioner. She subsequently

received the money after running from pillar to post.

06.01.2013 : When the Petitioner was running from pillar to post to get

the compensation, her new born baby was exposed to winter

and cold wave and died because of the exposure.

Petitioner has not received any entitlement under NMBS and

other social benefits available to pregnant and lactating

mothers. She was also not given adequate care and

protection when she gave birth to her child in October, 2012.

: Hence this petition.
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION (C) NO.: ________ OF 2013

(UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA)

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

Memo of Parties

1. Priya Kale
D/o Maryam Harange and W/o Dharma Kale
R/o Commercial Complex at Motia Khan
PaharGanj, New Delhi 110066 Petitioner

VERSUS

1. Govt. of NCT of Delhi

(Through its Chief Secretary)
Govt. of NCT of Delhi
A-Wing, I.P. Estate,
Delhi Secretariat, Delhi 110002 Respondent No. 1

2. Dept. of Health and Family Welfare

(Through its Secretary)
Govt. of NCT of Delhi
9th Level, A-Wing, I.P. Estate,
Delhi Secretariat, Delhi - 110002 Respondent No. 2

3. Delhi Urban Shelter Improvement Board

(Through its Chief Executive Officer)
Govt. of NCT of Delhi
Punarvas Bhawan, I.P. Estate,
New Delhi 110002 Respondent No. 3
4. Ministry of Health and Family Welfare
(Through its Secretary)
Govt. of India
Nirman Bhawan, Maulana Azad Road
New Delhi- 110011 Respondent No. 4

5. Ministry of Urban Development

(Through its Secretary)
Govt. of India
Nirman Bhawan, Maulana Azad Road
New Delhi- 110011 Respondent No. 4

Filed by
New Delhi

Date:

Dr. Doma Bhutia, Amiy Shukla and

Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION (C) NO.: ________ OF 2013

(UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA)

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

AND
In the matter of Article 21 of the Constitution of India
AND
In the matter of provision of food, hot water, beverages etc. to the residents
of the shelter homes
AND
In the matter of condition of shelter homes in Delhi
AND
In the matter of making shelter homes safe and secure for the female
residents

To
The Chief Justice and His Companion Justices
Honble Delhi High Court
New Delhi
Humble Petition of the
Petitioner above-named
Most Respectfully Showeth:

1. This Petition is being filed by the Petitioner herein for a direction of this

Honble Court to the Respondents, inter alia, to promptly implement the

Orders of the Honble Supreme Court and Orders of this Honble Court

and further directions to provide hot water, foods inclusive of tea,

snacks [morning and afternoon], and dinner as without these basic

 fundamental rights, the Petitioners right to life will have no meaning

and also to provide benefits and entitlements to the Petitioner which are

available to pregnant and lactating mothers under various government

schemes.

2. Additionally, Petitioner also seeks further directions of this Honble Court

to Respondents to ensure availability and functionality of 24 hours

shelters for homeless pregnant and lactating women living in the

National Capital Territory of Delhi (hereinafter NCTD).

3. Respondents in this petition are the Government agencies which are

responsible to implement various government schemes and previous

order passed by Honble Supreme Court of India and this Honble Court

in various cases granting benefits to homeless persons in general and

pregnant and lactating mothers in particular. The Respondents have

failed to fulfil their obligations under the Constitution of India and has

also infringed upon the fundamental rights guaranteed under the

Constitution of India and more particularly the Right to Life under article

21 of the Constitution of India of the Petitioner.

4. The Petitioner herself is a resident of the shelter home at Commercial

Complex at Motia Khan (hereinafter Motia Khan or the Shelter) and

recently lost her two-month-old baby girl in the said shelter home due

to exposure to bitter cold and unhygienic conditions at the said shelter.

Consequently, she has preferred this petition to improve the living

conditions of the homeless people living in all shelter homes in New

Delhi and further, to seek implementation of the Orders of this Honble

 Court suomoto W.P. (C) 5913 of 2010 and the Honble Supreme Court in

the case of PUCL vs. Union of India (W.P. (C) No. 196 of 2001).

5. The current conditions at permanent shelters in Delhi are wholly

inadequate and require substantial and continuous promotion,

renovation, and supervision. This is particularly hostile for homeless

pregnant and lactating women and their children who are an especially

vulnerable group of persons within the homeless community. Homeless

womens and childrens right to shelter has been read into their right to

life under Article 21 of the Constitution of India by the Honble Supreme

Court of India (Chameli Singh vs. State of U.P., (1996) 2 SCC 549). As

such, Respondents continue to violate the fundamental rights of women

and children like those mentioned in this petition with impunity.

6. The living conditions of homeless pregnant and lactating women in

NCTD 24 shelters as provided by Respondents directly violate the

womens and children right to life under Article 21 of the Constitution of

India. The Respondents fail to ensure these women and children

adequate reproductive and child health services, violating its obligations

to protect the lives of women and children.

7. Respondents are in violation of Articles 14, 15, 15(3) 39((a)-(c), (f)),

and 46 of the Constitution of India by failing to place homeless women,

especially those who are pregnant and/or lactating, and homeless

children on equal footing with others, in spite of their appalling living

conditions, low levels of literacy, ethnic, gender, and socio-economic

status.
8. Respondents are in violation of the Janani Suraksha Yojana Scheme

(hereinafter JSY), by failing to ensure women deliver at safe

institutional facilities and receive incentive payments for institutional

deliveries.

9. Respondents are in violation of numerous provisions of international

law, including but not limited to Article 25 of the Universal Declaration

of Human Rights; Articles 2, 11, and 12 of the International Covenant of

Economic Social and Cultural Rights; Articles 2, 6, 7, and 10 of the

International Convention on Civil and Political Rights; Articles 12 and 14

of the Convention on the Elimination of Discrimination Against Women;

Articles 24 and 27 of the Convention on the Right of the Child; and the

International Cairo Programme of Action, 1964.

10. The Petitioner herein, is twenty-five years old, wife to Dharma Kale, and

mother of two: Sunny, who is five years old, and Appi, who is two years

old. Petitioner moved to New Delhi with her mother when she was 1

year old. She is a homeless person and lives in the 24 hours shelter

homes. She has also been issued an identity card by Mission

Convergence, Samajik Suraksha Sangam, Govt. of NCT of Delhi. She has

also got herself enrolled with Unique Identification Authority of India for

AADHAR. True copy of identity card of the Petitioner issued by the

Mission Convergence and AADHAR is annexed herewith and marked as

Annexure P-1 (Colly).

11. Priya Kale has lived at Commercial Complex at Motia Khan in PaharGanj,

New Delhi (hereinafter Motia Khan or the Shelter) on and off since

2011, when it became operational. Petitioner lives at Motia Khan with

 her husband, two children, sister, brother-in-law, niece, and mother-in-

law.

12. It is important to mention here that the Petitioner gave birth to a baby

boy in 2011 at Pusa Park, Delhi. This birth was widely reported in the

newspaper. Taking cognisance of this birth in public place, National

Human Rights Commission (NHRC) directed to compensate the

Petitioner. She was communicated about this compensation on

11.12.2012 and was later paid the compensation. However the

Petitioner has to run from pillar to posts to get her compensation and

then get the cheque encashed in her bank account. True copy of the

letter dated 11.12.2012 to the Petitioner communicating her about the

compensation is annexed herewith as Annexure P-2.

13. The woes and problems faced by the Petitioner were reported in Times

of India, Delhi on 15.01.2013. True copy of the news report dated

15.01.2012 published in Times of India is annexed herewith as

Annexure P-3.

14. In early 2012, Petitioner became pregnant with her third child.

Petitioners pregnancy was not registered and she only received one

antenatal check up when she visited St. Stephens Hospital and

attended their Mother and Me health care programme.

15. On October 25th, 2012, Petitioner gave birth to a daughter who she

named Preeti. Petitioner gave birth to Preeti at Motia Khan under the

care of only her sister and mother-in-law. Petitioner did not visit a

hospital but instead delivered at Motia Khan shelter home in unsanitary

conditions, without privacy, and without medical supervision. Delivering

 in such conditions is akin to delivering in a public space without dignity.

Petitioner did not receive her entitlement for home delivery.

16. On 6th January being only two months old, Preeti passed away.

Petitioner says that Preeti died of exposure due to the cold winter

weather. As mentioned above, Motia Khan does not make space heaters

available to its residents. It also does not have geysers to warm water

during the colder months. No post-mortem exam was performed. The

babys death was also attributed to the woes faced by the Petitioner in

getting compensation as referred to above.

17. On 15th January, the Times of India reported on Petitioners current

status and baby Preetis death. The article, written by Ambika Pandit,

explains that Petitioner was inconsolable, grief stricken. Petitioner

reported in the days preceding the death of her daughter, she had

carried the child to the home guard office and the bank in a bid to get

information on the compensation.

18. On 16th January, after reading the Times of India article, a team of

activists and Advocates associated with Human Rights Law Network

travelled to the Pusa Road roundabout in search of Petitioner. There,

the team found Petitioners mother who told the team that Petitioner

was staying at a shelter locally known as Motia Khan. After finding Motia

Khan shelter, the team learned that Petitioner had gone out for the day.

However the team conducted a detailed fact finding of the situation and

prepared a report in this regard. True copy of the Fact Finding Report

on Night Shelters in New Delhi: The status of pregnant and Lactating

 Women prepared by Human Rights Law Network is annexed herewith

as Annexure P-4.

19. Motia Khan shelter has been operational since 2010 and is under the

purview of the Delhi Urban Shelter Improvement Board (DUSIB).

However, the NGO Safe Approach for Nascent Termination of Social

Hazard (SANTOSH) runs Motia Khan, with funds provided by the Delhi

State Government.

20. Motia Khan shelter is difficult to find for anyone who seeks it out, let

alone for a homeless person who does not know it is there. Asking over

half a dozen local people about its whereabouts, it still took the HRLN

team over an hour to find the shelter. There are no signs directing

people to it or advertising its location and availability.

21. Motia Khan is situated in the industrial neighbourhood of Pahar Ganj

and is only a few feet away from an electricity sub-station. It can hold a

maximum of 500 residents and currently houses 296 permanent

residents comprised of 64 families. Of the 296 permanent residents,

over half (175) of these are children. The Shelters ground floor

allegedly has a room used as a classroom for 48 of the children who live

at the shelter. The team was unable to verify the existence of this

classroom because it was locked on all of the three days the team

visited the Shelter. True copy of an excerpt of the list of residents at

Motia Khan is annexed herewith and marked as Annexure P-5.

22. Motia Khan lacks basic amenities in contravention of the Supreme Court

Commissioners 2010 Shelter Manual Guidelines (hereinafter Shelter

Manual 2010), which were issued as a set of recommendations on the

 establishment and maintenance of shelters in New Delhi. True copy of

the Shelter Manual 2010 is annexed herewith as Annexure P-6.

23. During its visit, a team member even witnessed human waste in one of

the Shelters hallway. Moreover, the Shelters residential hall stair up

two flights of stairs and, therefore, not easily accessible by disabled and

pregnant homeless people.

24. Motia Khan has no beds and provides its residents only dirty blankets on

which to sleep on the ground. The Shelter also lacks lockers for its

residents to store their belongings. The Shelter does not accept mail on

behalf of its residents, making it difficult for residents to claim any

address for official purposes. This is especially important for registering

for entitlements and benefits.

25. Petitioner and fellow residents at Motia Khan, particularly pregnant and

lactating women, share Petitioners grievances and wish at least to

receive morning tea with bread and biscuits as many of them are

anaemic and cannot breastfeed their newborns.

26. Petitioner further states that she and fellow pregnant and lactating

women residing at Motia Khan spend their days in search of food for

themselves and their newborns. They search for petty work and food in

garbage bins so that they can eat and be able to breastfeed their

newborns. These sorry circumstances are compounded by the womens

lack of access to pre- and post-natal care.

27. Most of the pregnant and lactating women residing at Motia Khan

delivered their children at the 24 hours Shelter without any assistance.

Their children are not registered, which makes the children of this

country legally invisible as they babies are not registered in a

Government Hospital or even recorded in the citys or countrys census

statistics. Unfortunately, these children often face the same fate as their

mothers; being homeless, begging for money, and victimization at the

hands of the government that is supposed to protect them. These facts

show prima facie that neither these women nor their children have

access to basic government facilities to access essential health care,

education, etc. in violation of their basic fundamental rights including

food, shelter, and clothing. This vicious cycle pushes these women and

their children into a life of illiteracy and poverty. This Honble Court will

appreciate that the right to shelter for the urban poor has been

extensively dealt with in Ahmedabad Municipal Corporation vs. Nawab

Khan Gulab Khan &Ors, (1997) 11 SCC 121. In this case the Honble

Supreme Court rightly observed that;

It would, therefore, be the duty of the State to provide

right to shelter to the poor and indigent weaker section

of the society in fulfilment of the constitutional

objective.

The Court further made an observation:

The right to life enshrined under Article-21 has been

interpreted by this court to include meaningful right to

life and not merely animal existence as elaborated in

several judgment of this Court including Hawkers Case,

Olga Tellis case and the latest Chameli Singhs case and

host of other decisions which need not reiteration.

Suffice it to state that right to life would include right to

 live with human dignity. As held earlier, right to

residence is one of the minimal human rights as

fundamental right. Due to want of facilities and

opportunities, the right to residence and settlement is

illusion to the rural and urban poor/ Articles 38, 39 and

46 mandate the state, as its economic policy to provide

socio-economic justice to minimize inequalities.

28. Petitioner cannot afford to go to a hospital due to a lack of money and

cannot afford to stay at Motia Khan waiting for heath visitors because

Petitioner spends most of her day on the streets selling balloons and

flowers to earn enough money to provide livelihood for her family and

herself.

29. Motia Khans first, second, and third floors comprise the shelters living

halls. Each floor is divided into two big halls. The shelters manager told

the team that one of the halls on the first floor is designated for single

male residents and couples without children. The manager shared that

the shelter also allows non-permanent residents to stay in the shelter

and has a 100-person capacity for temporary residents.

30. The second hall on Motia Khans first floor is an open space occupied by

a dozen families of varying sizes. There are no doors or curtains to

provide privacy and families use personal belongings to demarcate their

living space. The second and third floors have the same layout as the

first floor. There is a television in every hall, but no other recreational

space or activities are provided to residents. True copies of the

 photographs taken at Motia Khan are annexed herewith Annexure P-7

(Colly).

31. Motia Khan employs five full time staff members: two managers and

three cleaning staff. On all three occasions, team only met the night

caretaker. Notwithstanding the cleaning staff, Motia Khan is in very poor

conditions; the shelters floor is dirty; the bathrooms have broken

windows, smell of urine, and are kept in very unhygienic conditions; the

shelter is crowded with cockroaches and mice. Additionally, there is no

heating system for the families, space heaters or geysers to warm water

for bathing or washing.

32. When the team asked to see the ladys bathroom on the first floor, the

night manager reported that the bathroom is locked after the cleaning

staff cleans it and not opened until the evening. The night manager only

explained that the Shelters residents would dirty the bathrooms if they

were kept open all day. The manager opened the bathroom after the

teams insistence. The bathroom had only two bathroom stalls, lacked

shower facilities, and had two broken windows.

33. The night manager told the team that Motia Khan has only five bathing

areas. These are not separated by sex and when the team asked the

night manager to show it the ladys shower area, he pointed to the one

in the mens bathroom. Women have no choice but to bathe in the

mens washroom. As per the Shelter Manual 2010, a shelter with a

capacity for 400 persons must have at least 33 bathing areas. Motia

Khans five bathing areas mean that it has only 15% of the bathing

areas required of a facility of its size.

34. The night manager claimed the Shelter has running water and that

filtered water is available to residents on each of the Shelters floors.

However, the Shelter does not have access to hot water or geysers, so

that in winter, residents must heat up water for bathing and washing.

During its visit, the team witnessed several families heating water and

keeping warm in the open rooms over small fires of rubbish. The shelter

has glass windows that can be opened for ventilation. Several of these,

however, are broken so that there is a draught of cold air in the

Shelters living spaces.

35. On its third visit to the Shelter, the team spoke with two other female

residents. The first, Sona Johan, is thirty years old and is the mother of

two boys and two girls. Sona was born and raised in Delhi and has lived

at Motia Khan since its establishment. On 25th December 2012, Sona

gave birth to girl at the Shelter. Sona had no medical attendants during

her delivery. Her pregnancy was not registered and she received no

antenatal care. Moreover, Sona received no benefits, either before or

after her pregnancy.

36. The second woman the team spoke to is Sabana Bai. Sabani is forty

years old and the mother of three boys and two girls. Sabana has lived

at Motia Khan since its establishment. In August 2012, Sabana gave

birth to a boy at the Shelter. Sona had no medical attendants during her

delivery. Her pregnancy was not registered and she received no

antenatal care. Moreover, Sabana received no benefits, either before or

after her pregnancy. Sabanas son has not been vaccinated.

37. Young adolescent girls and minor children living at Motia Khan are

highly exposed to sexual assaults, as there are no separate rooms for

young adolescent girls, children and women. As such, they should have

a separate space to sleep so as to avoid sexual abuse and prevent child

trafficking for illegal purposes.

38. The Shelter Manual 2010 recommends, among other things, the

following essential medical health services:

1.6.4 Medical Services

Health Centre: A separate room in each shelter will be

appointed as the health centre for that shelter. The

health centre will be equipped with basic medical

supplies and medicines.

A trained health worker attached to the nearest

government health institution will attend the health

centre on a daily basis for fixed periods of time in the

evening.

First aid kit: First aid kits must be made available in

every shelter. Care must be taken to ensure that the

kit is fully equipped at all times, and that all staff

members are adequately trained to handle minor

medical problems.

Health camps: Health camps must be organized at

weekly intervals, in collaboration with a local hospital.

Linkages with hospitals for times of moderate or severe

illness:
 Each shelter must be linked to a local hospital, with

adequate travel arrangements in place to take sick

persons to the hospital.

39. Both women complained that they do not have enough food for their

children, both the newborns as well as their older children. Although a

French NGO visits Motia Khan every day, Monday through Friday, to

provide its residents with milk, this service is insufficient. Moreover, the

Shelter only provides dinner to its residents so that people have to

scavenge for breakfast and lunch outside the Shelter.

40. The challenges Priya Kale, Sona Johan, and Sabana face as pregnant

and lactating women in New Delhi 24 hours shelters are not unique to

them. Hundreds of women face these challenges and risk their lives and

the lives of their newborns on a daily basis in contravention of the

fundamental rights granted to them in the Constitution of India.

41. In August 2010, Laxmi, a destitute pregnant woman, died on the streets

of New Delhi while giving birth to a baby girl. Prior to her death, Laxmi

had been denied access to New Delhi hospitals. At that time, many

hospitals run by the Government of New Delhi did not admit destitute

pregnant women, forcing them to give birth on the footpath. On 29

August 2010, the Hindustan Times reported on the subject and

highlighted Laxmis death. Following the news article, this Honble Court

took the case suomoto, W.P. (C) 5913 of 2010. This Court then

appointed Dr Colin Gonsalves, Senior Advocate as amicus in the case.

Ultimately, the Court issued multiple Orders calling for the Government
 of New Delhi to establish shelters for destitute or homeless pregnant

and lactating women throughout the city.

42. On 12 January 2011, this Honble Court issued an Order directing the

Government of New Delhi to create two shelters for pregnant and

lactating women. Despite claims made by the Government of Delhi that

day that there were sufficient shelters in existence at the time to meet

the needs of pregnant and lactating women, this Honble Court held that

current government shelters for women have capacity to service only

20 unwed pregnant women with medical, nutritional and social services.

Thus, what has been stated in the [Governments] counter affidavit

really does not take care of the situation obtaining in the ground

reality. True copy of order dated 12.01.2011 in W.P. (C) 5913 of 2010,

is annexed herewith and marked as Annexure P-8.

43. In March and April 2012, HRLN fact-finding teams conducted an

investigation of the conditions at shelters for pregnant and lactating

women throughout New Delhi. The teams assessed the conditions of

shelters arising out of this Honble Courts suo-moto case and

subsequent orders. In addition to visiting Court-ordered shelters, the

team investigated the conditions homeless pregnant and lactating

women face. The team found that the Government of New Delhi failed

to address the needs of homeless pregnant and lactating women

throughout New Delhi. One shelter in Kalkaji, at an address provided to

the Court by the New Delhi Government, was never opened; two other

shelters at Jahangir puri and Sarai Rohilla, while functional, only

assisted a small number of women. Both shelters at Jahangir puri and

Sorai Rohilla were nearly impossible to access by a team in search for

 them, let alone for destitute homeless women living on the streets.

Furthermore, the team found homeless lactating women continuing to

live on the streets across New Delhi, in virtually the exact location of

Laxmi Mandals death in August 2010. True copy of report titled

Shelters for Pregnant and Lactating Women throughout Delhi: March

April 2012, A Fact-Finding Report Prepared by Delhi Health Activists in

Conjunction with the Human Rights Law Network dated 18.04.2012 is

annexed herewith as Annexure P-9.

44. Petitioner states and submits that pregnant and lactating women and

their children are the most vulnerable of the homeless residents. They

are in such pitiable conditions that pregnant and lactating women and

their children are forced to share their living spaces at Motia Khan with

residents that are sick and even stray dogs.

45. The team found that most of the residents at Motia Khan, particular

children, were half naked and that elderly frail people have to make do

without any medicine or sufficient food to survive the cold winter of

New Delhi in violation of the Honble Supreme Court directions given in

Public Union for Civil Liberties vs.Union of India, I.A. Nos. 94 & 96 in

Writ Petition (C) No. 196 of 2001. In that case, the Honble Court issued

the following directions:

DUSIB has also requested the health department of the

MCD and the Government of NCT of Delhi for providing

medical facilities either through deputing doctors visit the

night shelters or by providing mobile heath van. But

such pertinent requirement is absolutely overlooked or

 undermines by the Respondents in the 24 hours shelter

homes.

46. On 21st and 22nd January 2013, an HRLN team of activists conducted a

follow-up fact-finding to two of the above shelters: at Kalkaji and

Jahangirpuri. The team found that the shelter at Kalkaji remains un-

established. In fact, instead, the Delhi Urban Shelter Improvement

Board (DUSIB) established a mens shelter. The second shelter at

Jahangirpuri remains functional under the management of the Young

Womens Christian Association (hereinafter YWCA). The team was

unable to enter into the Jahangirpuri shelter and instead spoke to its

manager. The manager reported that the shelters maximum occupancy

is 10 women and that the shelter is currently housing 7 women and six

children. Echoing the words of this Honble Court, this number is really

does not take care of the situation obtaining in the ground reality. W.P.

(C) 5913/2010, Order Dated: 12 Jan. 2011. This report is already

annexed as Annexure P-4 above.

47. The Supreme Court of India has held in Chameli Singh vs. State of U.P.

[(1996) 2 SCC 549] that the right to shelter is a fundamental right

available to every citizen and it was read into Article 21 of the

Constitution of India as encompassing within its ambit, the right to

shelter to make the right to life more meaningful, saying:

"In any organized society, right to live as a human being

is not ensured by meeting only the animal need of man.

It is secured only when he is assured of all facilities to

develop himself and is freed from restrictions, which

inhibit his growth. All human rights are designed to

 achieve this object. Right to life guaranteed in any

civilized society implies the right to food, water, decent

environment, education, medical care and shelter. These

are basic human rights known to any civilized society. All

civil, political, social and cultural rights enshrined in the

Universal Declaration of Human Rights and Convention or

under the Constitution of India cannot be exercised

without these basic human rights.

48. The Honble Court further emphasized that "[s]helter for a human

being, therefore, is not a mere protection of his life and limb. It is

however where he has opportunities to grow physically, mentally,

intellectually and spiritually. Right to shelter, therefore, includes

adequate living space, safe and decent structure, clean and decent

surroundings, sufficient light, pure air and water, electricity, sanitation

and other civic amenities like roads etc. so as to have easy access to his

daily avocation. The right to shelter, therefore, does not mean a mere

right to a roof over ones head but right to all the infrastructure

necessary to enable them to live and develop as a human being. Right

to shelter when used as an essential requisite to the right to live should

be deemed to have been guaranteed as a fundamental right. As is

enjoined in the Directive Principles, the State should be deemed to be

under an obligation to secure it for its citizens, of course subject to its

economic budgeting. In a democratic society as a member of the

organized civic community one should have permanent shelter so as to

a physically, mentally and intellectually equip oneself to improve his

excellence as a useful citizen as enjoined in the Fundamental Duties and

 to be a useful citizen and equal participant in democracy. The ultimate

object of making a man equipped with a right to dignity of person and

equality of status is to enable him to develop himself into a cultural

being. Want of decent residence, therefore, frustrates the very object of

the constitutional animation of right to equity, economic justice,

fundamental right to residence, dignity of person and right to live itself."

49. That this Honble High Court in the case of Laxmi Mandal in [W.P. No.

(C) No. 8853 of 2008 & W. P. (C) No. 10700 of 2009] has given strict

directions to the Government to ensure that all Below Poverty Line

(BPL) women, irrespective of their number of children and their age at

marriage, receive rupees five hundred (Rs. 500) eight to twelve weeks

before delivery as required under the National Maternity Benefits

Scheme (NMBS) but Respondents have failed to comply with this

direction in letter and spirit.

50. In July 2012, the United Nations Human Rights Council issued its

Technical guidance on the application of a human rights based

approach to the implementation of policies and programmes to reduce

preventable maternal morbidity and mortality (hereinafter Technical

Guidelines). In it, the Council writes, [h]uman rights require particular

attention to vulnerable or marginalized groups. Among other groups,

adolescents, ethnic and racial minorities, indigenous women, women

with disabilities, sex workers, HIV-positive women, displaced and war

affected women, women living in underserved areas and other

stigmatized and excluded populations should be paid special attention.

True copy of UN General Assembly Technical Guidelines dated

02.07.2012 is annexed herewith as Annexure P-10.

51. The Technical Guidelines stress that [a]pplying a rights-based approach

to the reduction of maternal mortality and morbidity depends upon a

just, as well as effective, health system. Health systems are more than

delivery apparatus for interventions and commodities. A society in which

rich and poor women alike irrespective of race, ethnicity, caste,

disability or other characteristic can rely on the health system to meet

their sexual and reproductive health needs fairly is a more just society.

In turn, claims for sexual and reproductive health goods, services and

information should be understood by health system users, providers and

policymakers as fundamental rights, not as commodities to be allocated

by the market or matters of charity.

52. Women have the right to survive pregnancy and live a productive life of

dignity. The risks associated with delivering in a shelter without any

medical assistance are anathema to a womans reproductive and health

rights. Moreover, the disservice Respondents do the young women

living at shelters like Motia Khan rob them of their futures and force

them into a pitiable and undignified life. These risks also violate the

womans right to life under Article 21 of the Constitution of India.

53. The Petitioner craves leave of this Honble Court to file any additional

documents and affidavit during the course of the hearing in the interest

of justice if so advised.

GROUNDS

54. The Petitioner herein is filing this Petition before this Honble Court,

inter alia, on following grounds:

a. Because Respondents have failed to meet their obligations to

guarantee women their right to shelter under Article 19(1)(e) of

the Constitution of India as has been read into the ambit of the

right to life as enshrined under Article 21 of the same;

b. Because Respondents have failed to ensure adequate reproductive

and child health services in the National Capital Region Territory of

Delhi, violating its obligations to protect the lives of women and

children as enshrined in Article 21 of the Constitution of India;

c. Because Respondents have failed to ensure that women receive

their national incentive payments for institutional deliveries in

contravention of their obligations under theJanani Suraksha Yojana

Scheme (JSY);

d. Because Respodnets have failed to ensure that women reeive their

national benefits as under the National Maternity Benefits Scheme

(NMBS);

e. Because Respondents have failed to place homeless women living

in NCT/New Delhi, especially those who are homeless, pregnant

and/or lactating, and homeless children on equal footing with

others, in spite of their appalling living conditions, low levels of

literacy, ethnic, gender, and socio-economic status in violation of

their obligations under Articles 14, 15, 39((a)-(c), (f)), and 46 of

the Constitution of India;

f. Because Respondent have failed to have safe space for the young

adolescents girls and children residing at Motia Khan in order to

 avoid sexual assaults as there are no separate rooms for young

adolescents girls, children, and women;

g. Because the health department of the MCD and the Government

of NCT of Delhi have failed to provide medical facilities either

through deputing doctors to visit the 24 hours shelters or by

providing mobile heath vans;

h. Because the most shelters in New Delhi do not have an identifying

name and publicity is not given in public places to identify them;

i. Because Respondent have impermissibly derogated from their

obligations under binding international human rights treaties to

respect, protect, and fulfil the human, reproductive, and health

rights of pregnant and lactating women in New Delhi. These

include, but are not limited to, the Universal Declaration of Human

Rights, the International Covenant of Economic Social and Cultural

Rights, the International Convention on Civil and Political Rights,

the Convention on the Elimination of Discrimination Against

Women, the Convention on the Rights of the Child, and the

International Cairo Programme of Action, 1964;

j. Because this Honble Court has jurisdiction under Article 226 of the

Constitution to restore the fundamental rights of the people of New

Delhi and in particular of marginalized and vulnerable women and

children.

k. Because Petitioner has not filed any other petition seeking the

same relief as prayed for herein and above against Respondents

 herein and above before this Honble Court or before any other

Court in the country.

l. Because the Petitioners have not filed any other writ Petition before

this Honble Court or before any other High Court or before the

Supreme Court of India on the same matter, which is the subject

matter of this Petition.

m. Because there is no other efficacious remedy available to the

Petitioner, therefore the Petitioner is left with no other option than

to approach before this Honble Court and file this petition.

PRAYER

55. In view of the facts and circumstances of this petition, the Petitioner

prays before this Honble Court as under:

(i) For an order directing the Respondents to provide the

Petitioner all her entitlements under NMBS and other

social schemes available to the pregnant and lactating

mothers;

(ii) For an order directing the Respondents to compensate

the Petitioner for loss of her child in cold weather

because of negligence of the Respondents;

(iii) For an order directing Respondents to establish and

maintain at least two functioning family shelters near a

homeless hub (like the NDMC area and Jama Masjid) that

is both accessible and well advertised. Currently, shelters

like Motia Khan are in poor locations, inaccessible to

 most women living on the streets. The shelters should be

located in places where the target population actually

lives and open to women who live in slums as well as on

the streets;

(iv) For an order directing Respondents to establish a clear

mechanism by which shelters, like Motia Khan, can be

functionally operated. This includes mandating the

appointment of sufficient staff numbers with proper

training and institutional support, a manager from a

collaborating NGO to strengthen the link between the

shelter and local NGOs, and a supervisor from the Delhi

Government who can be held accountable for the

shelters operation;

(v) For an order directing Respondents to create and

administer a comprehensive media campaign to publicize

the existence of night shelters. The government must

develop a mechanism to publicize information regarding

the shelters, involving publicity campaigns in the slums

and public spaces, alerting the media, and the

establishment of regular advertisements to be run

throughout the year publicizing the existence of the

shelters like Motia Khan;

(vi) For an order directing Respondents to provide free

transport for women from slums and the streets to these

24 hours shelters in ambulance vans or mobile medical

units;
 (vii) For an order directing Respondents to ensure that

pregnant and lactating women and their children residing

in permanent shelters like Motia Khan have ready access

to medical health care facilities in the form of free

transportation to public health facilities or mobile health

clinics; and

(viii) For an order directing Respondents to review budgets

allotted to the shelters in Delhi to ensure that all monies

designated for the shelters are appropriately handled and

used.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVERY AS IN

DUTY BOUND EVER PRAY.

Filed by
New Delhi

Date:

Dr. Doma Bhutia, Amiy Shukla and

Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

CIVIL MISCELLANEOUS APPLICATION NO. _______ OF 2013

IN

WRIT PETITION (C) NO.: ________ OF 2013

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

Application under Section 151 of the Code of Civil Procedure, 1908

for interim relief

To
The Chief Justice and His Companion Justices
Honble Delhi High Court
New Delhi
Humble Petition of the
Petitioner above-named
Most Respectfully Showeth:

1. The Petitioner has filed the accompanying writ petition seeking specific

directions to the Respondents. The facts and circumstances of the

accompanying petition are not repeated herein for the sake of brevity.

2. The Petitioner has just lost her new born baby and is in a weak health

condition. She is staying at Motia Khan shelter homes where the basic

amenities are not available to the residents. The shelter home lacks

facilities for hot bathing water, provision for health care, morning tea

etc whish are very important for the pregnant and lactating mothers.

In the Motia Khan shelter home, a large number of residents are

 pregnant and lactating mothers who require adequate food and other

facilities to maintain their health.

3. The Petitioner has given birth to her baby in October 2012 and lost her

in January 2013 because of cold and exposure to the baby. This

highlights the apathy of condition of the Motia Khan shelter home.

4. The fact finding team whose report has also been annexed in the main

petition, has also found that the conditions of the Motia Khan shelter

home is not very good and the facilities for basic amenities for the

benefit of pregnant and lactating mothers are not available. The team

also found out that the orders passed by Honble Supreme court of

India and this Honble Court in a number of cases have also not been

implemented by the Respondents in true spirit and letter.

5. The Motia Khan shelter home also does not provide separate sleeping

quarters to the residents with families and hence the women and

young girls are prone to sexual assault and sexual harassment.

6. There is also not any provision for taking the women to hospitals in

case of any emergencies. The residents are dependent on visiting

doctors who come periodically but are not very regular.

7. The Motia Khan shelter home also does not provide breakfast to its

residents. The residents particularly pregnant and lactating mothers

require adequate and nutritious food including breakfast in the

morning for their better health and their babys health.

8. This application is filed in the interest of justice.

9. The Petitioner has not filed any other application seeking similar relief

before this Honble Court or before any other Court or tribunal.

10. In view of the facts and circumstances of this petition, the Petitioner

prays before this Honble Court as under:

a. For an interim order directing Respondents to mandate that

Commercial Complex at Motia Khan make available separate

sleeping quarters for women and young girls, with their

families, to avoid cases of sexual assault;

b. For an interim order directing Respondents to provide

Commercial Complex at Motia Khan with space heaters and

geysers to use during winter months;

c. For an interim order directing Respondents to provide pregnant

and lactating women living at Motia Khan with free

transportation to and from hospitals where they can seek ante-

and neonatal medical care for themselves and their children;

d. For an interim order directing Respondents to allot sufficient

funding to Motia Khan so that it can provide breakfast and

lunch to its residents

e. For a direction the Respondents to provide clean drinking water,

morning tea, snacks and breakfast to the residents and more

particularly to the pregnant and lactating mothers of the Motia

Khan shelter home;

f. For any such other and suitable order/s as this Honble Court

may deem fit and necessary in the facts and circumstances of

the case and in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVERY AS IN

DUTY BOUND EVER PRAY.

Filed by
New Delhi

Date:

Dr. Doma Bhutia, Amiy Shukla and

Divya Jyoti Jaipuriar
Advocates for Petitioner
576, Masjid Road, Jangpura,
New Delhi-110014
Ph.: +91-11-24374501
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WRIT PETITION (C) NO.: ________ OF 2013

(UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA)

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

AFFIDAVIT

I, Priya Kale, aged 25 years, d/o Maryam Harange, w/o Dharma Kale, r/o

Commercial Complex at Motia Khan, PaharGanj, New Delhi 110066, do

hereby solemnly affirm and state as under:

1. That I am the Petitioner in the above captioned Petition and I am

well conversant with the facts and circumstances of this case and

hence competent to swear this affidavit in such capacity.

2. That I have been read over the contents of the writ petition and

accompanying application and explained in vernacular Hindi and I

have understood the contents of this writ petition and the

accompanying application. I further say that the contents thereof

are true and correct to the best of my knowledge and belief.

3. I further state that no petition/ application have been filed before

any other Court or tribunal seeking similar relief by the Petitioner.

4. That the Annexures attached to the writ petition/ application are

true and correct copies of the respective originals.

 5. That the content of the affidavit have been read over to me and

explained in vernacular Hindi and I have signed the same after

verifying the same as per my instruction.

DEPONENT

Verification

Verified at New Delhi on ______ th day of January of 2013 that the contents

of the Affidavit are true and correct to the best of my knowledge and nothing

material has been concealed thereupon.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

CIVIL MISCELLANEOUS APPLICATION NO. _______ OF 2013

IN

WRIT PETITION (C) NO.: ________ OF 2013

In the matter of:

Priya Kale Petitioner

VERSUS

Govt. of NCT of Delhi and Others Respondents

AFFIDAVIT

I, Priya Kale, aged 25 years, d/o Maryam Harange, w/o Dharma Kale, r/o

Commercial Complex at Motia Khan, PaharGanj, New Delhi 110066, do

hereby solemnly affirm and state as under:

1. That I am the Petitioner in the above captioned Petition and I am well

conversant with the facts and circumstances of this case and hence

competent to swear this affidavit in such capacity.

2. That I have been read over the contents of the writ petition and

accompanying application and explained in vernacular Hindi and I

have understood the contents of this writ petition and the

accompanying application. I further say that the contents thereof

are true and correct to the best of my knowledge and belief.

3. I further state that no petition/ application have been filed before

any other Court or tribunal seeking similar relief by the Petitioner.

 4. That the Annexures attached to the writ petition/ application are

true and correct copies of the respective originals.

5. That the content of the affidavit have been read over to me and

explained in vernacular Hindi and I have signed the same after

verifying the same as per my instruction.

DEPONENT

Verification

Verified at New Delhi on ______ th day of January of 2013 that the contents

of the Affidavit are true and correct to the best of my knowledge and nothing

material has been concealed thereupon.

DEPONENT