Urgently recruit doctors, decongest Asha Kiran shelter home: Delhi HC
Urgently recruit doctors, decongest Asha Kiran shelter home: Delhi HC
New Delhi, The Delhi High Court on Wednesday asked the secretary of the social welfare department to act with alacrity in taking urgent steps, among others, for recruitment of staff, including doctors, for the city government-run Asha Kiran shelter home for the intellectually disabled.
The Asha Kiran shelter home had recently witnessed the death of 14 inmates.
A bench headed by Acting Chief Justice Manmohan lamented the recent deaths of the mother-son duo who fell in an open drain as well as the three UPSC aspirants who drowned in a coaching centre's flooded basement, and asked the officer, who said certain approvals and clearances were required for decongestion and recruitment to ensure that "human lives don't get lost in procedure".
"We have lost 14 lives in 20 days. Human lives today don't have a cost. Day before, we dealt with the USPC matter where three children lost their lives. Yesterday, we dealt with a case where two people have lost their lives. You must act with alacrity. We may lose someone in the process," the court said.
The secretary, who was earlier directed to visit the shelter home and file a report, said the establishment has to be decongested as there were 961 inmates there, against a capacity of 570 persons.
The court was also informed that there were 12 vacancies in medical cadre and positions were vacant in non-medical cadre as well.
The bench, also comprising Justice Tushar Rao Gedela, asked the secretary to recruit people on contractual basis to deal with the "emergency" and "move the file" before the competent authorities for requisite sanction, adding that if the same is not given, it will pass a judicial order.
"Decongestion is top priority. Doctors visiting the dormitory and the shortage of the staff, medical as well as non-medical staff that has to be addressed and we should empower the secretary to employ staff on contractual basis," the court said.
"This is an emergency. Fourteen lives have been lost... Recruit the best.
"Don't let us down. Let it be a limited contract so that you can initiate the process for permanent recruitment. In one year you can complete the process," it added.
Listing the matter for further hearing on August 12, the court took on record the secretary's assurance that he will personally monitor the situation and take care of any emergent situations.
"Since 14 lives have been lost in a short span of 20 days, this court impresses upon the secretary to take urgent and emergent steps to deal with the situation. He said he will seek requisite clearances from the chief secretary and the lieutenant governor during the course of the day," recorded the court in its order.
The secretary said he was confident the issues will be resolved soon.
"At the ground level, things have to change. Status quo can't continue like this," the court emphasised.
While the counsel for the Delhi government said a case was made out for invoking the disaster management law, the court also asserted that health was an essential service.
The secretary submitted that to address overcrowding, certain proposals were in motion for using buildings that are presently with the Municipal Corporation of Delhi and Foreigners Regional Registration Office , and the matter would be taken up with authorities concerned.
The court told the officer to directly speak to the MCD commissioner for permission to utilise its building which was stated to have a capacity of 200 persons.
"Speak to the commissioner on the mobile phone. This is an emergency. Human lives are precious. Speak to the minister and get it done. You will get the place," the court said.
The secretary said some dormitories, which faced severe heat on account of being on the top floor, will be handed over soon after the installation of additional fans and exhaust, and the inmates, who are presently living in the air-conditioned auditorium, can be shifted there.
The court, however, asked the secretary to explore installing an AC in the dormitories itself and also install mobile toilets for the use of these inmates in the meantime.
The counsel for the Delhi Jal Board said water in the facility came out to be fine in quality-testing. The court was informed that inmates with TB are already residing in a separate building and some other inmates may be shifted to other two shelter homes for the intellectually disabled.
The court also asked the secretary to inform the chief secretary that "things are not good" in Asha Kiran and a dedicated officer was needed to be stationed there.
At present, the administrator was holding the post as an "additional charge", the court was told.
"Situation calls for some action. Some officer can be withdrawn or he can be discharged of other additional duties. Please speak to the chief secretary and get it done," the court said.
As the petitioner's lawyer claimed that certain issues were flagged by the medical staff there, the secretary said "there were two sides" and the issue has been resolved.
"Superintendent had passed an order as per manual that a doctor and CMO will visit every dormitory and OPD. He showed me the register.
"Since April, not a single doctor visited the dormitory... Now they have started . Now there is a common committee to supervise and issue a weekly report," he said.
The court said the senior official was aware of the issues as he has already visited the shelter home.
The court was hearing a public interest litigation seeking constitution of an independent committee headed by a retired high court judge to probe the incident.
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