HC orders medical staff hiring at Asha Kiran, seeks report

A bench led by acting chief justice Manmohan said that the social welfare department should act with ‘alacrity’ for providing adequate medical infrastructure at the shelter home and should not ‘get lost in procedure’

The Delhi High Court on Wednesday directed the state government’s social welfare secretary to take immediate steps for hiring medical and non-medical staff at the Asha Kiran shelter home for the intellectually challenged even as it expressed concern over the recent deaths of 14 inmates in less than a month.

During the hearing, the bench, also comprising justice Tushar Rao Gedela, stressed that the need of the hour was to change things at the ground, adding that this sort of “emergency situation” called for action. (Shutterstock)

A bench led by acting chief justice Manmohan said that the social welfare department should act with “alacrity” for providing adequate medical infrastructure at the shelter home and should not “get lost in procedure”.

During the hearing, the bench, also comprising justice Tushar Rao Gedela, stressed that the need of the hour was to change things at the ground, adding that this sort of “emergency situation” called for action.

The court’s remarks came after the social welfare secretary, who was present during the hearing physically, admitted to the shortage of medical and non medical staff but said that he did not have the authority to hire them on a contractual basis. At present, 12 medical posts were vacant at the shelter home, including that of specialist doctor in medicine, general duty medical officer (GDMO) , physiotherapist, the secretary informed the court.

“We have lost 14 lives in 20 days. Human lives do not have cost? You must act with alacrity. Don’t get lost in procedure. Money is not an issue. We are seeing the staff position also. The non-health cadre the situation is not very good. Today when there is an emergency, you can surely go for contractual (staff). You have the power. You please go ahead; whatever is your requirement put it on the file and get it. We don’t know why are you feeling so powerless... Put up your request to the LG and I am sure it will be done. If they don’t sanction it, we will sanction it. Don’t feel helpless. If you start feeling helpless, who will help them? Please recruit the best (staff). It’s an emergency situation... these are very challenging situations,” the bench told the secretary and Sameer Vashisht, who represented the Delhi government.

The court was hearing a plea filed by Samadhan Abhiyan, an NGO seeking a court-monitored or a Central Bureau of Investigation probe into the deaths at the shelter home last month allegedly due to complications arising out of contaminated water supply. While the Delhi government has ordered an inquiry into the deaths to be conducted by its additional chief secretary, the petitioners said that the probe cannot be impartial, as the government is in direct control of the shelter home as well as the Delhi Jal Board. The petition also sought a social security audit of all the Delhi government-run shelter homes.

According to a report submitted by the social welfare secretary to the lieutenant governor on August 2, 28 inmates lost their lives since January this year. Of the 14 who died in July, 13 people were adults and one was a minor.

Pushing for immediate action, the bench called for a change in “things at the ground level”. “Decongestion, doctors, (shortage of) staff -- medical and non-medical -- need to be addressed. Please ensure that infrastructure is available. Whatever needs to be done, should be done... Mr Secretary, we are trusting you. We are giving you full power,” it said and adjourned the petition for Monday. The court also directed the secretary to file a fresh status report detailing the conditions at the shelter home.

Quality of water supplied to shelter home fine: DJB

On Monday too the court expressed concerns regarding the deaths, saying so many people dying in a “short span of time cannot be a coincidence.” Noting that nearly all the deaths were allegedly due to “tuberculosis”, the court directed the DJB to test the quality of water and also asked the social welfare secretary to visit the shelter home. It also ordered taking curative measures forthwith, including decongestion of the shelter home, provision of clean drinking water, and deploying staff to ensure hygiene.

During the hearing on Wednesday, the counsel representing the DJB submitted that the quality of the water being supplied to the shelter home was absolutely fine.

Meanwhile, the secretary submitted that the department, pursuant to the court’s directions, has shifted 14 males and 10 females to AshaDeep Home for Mentally Challenged Persons and Asha Jyoti Home for Mentally Challenged Persons, respectively. He also added that 70 adult females who were suffering from stomach issues had been shifted to an auditorium, since one of the dormitories in the shelter home was in an unworkable workable condition.

The secretary further informed that the department had also moved a proposal for shifting some of the female inmates to Mahila Sadan -- a female detention centre and had also impressed upon the municipal corporation to give the department a building to accommodate at least 200 inmates.

The court also asked the secretary to seek sanction of the concerned minister for deploying mobile toilets, installing air conditioners to ensure that the dormitories become functional and stationing fully equipped ambulances at all the places where the inmates were accommodated.

“Why don’t you bring the mobile toilet vans? Spend some money...state has enough money. These are the causes to spend on... Money should not be a problem in this matter. You please get some ACs so that these dormitories become functional. Please take all precautions and get it done. If this is done, then what will happen? We are still dealing with 400 excess inmates. Also ensure that these places are connected to the hospitals. This mahila sadan should also be close. You should also have fully equipped ambulances stationed at these places. Please ensure this or get them changed,” the bench said.