Asha Kiran Shelter Homes: Delhi HC directs MCD to transfer Nursing colleges to Social Welfare Department

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Synopsis

The case is being taken up before court in light of a Public Interest Litigation (PIL) filed by Samadhan Abhiyan, seeking a court-monitored investigation into the deaths of 14 people including children. Alternatively, the plea has sought a CBI inquiry and a social audit of all shelter homes in the national capital to reveal accurate conditions.

Amid alarming overcrowding and the tragic deaths of 14 inmates within a month in Asha Kiran Shelter Home, the Delhi High Court on Monday directed the Municipal Corporation of Delhi (MCD) to transfer one of its Narela nursing colleges and hostel buildings to the Social Welfare Department for relocation of inmates.

The division Bench led by Acting Chief Justice Manmohan and Justice Tushar Rao directed the nursing college to be renovated to accommodate the inmates of Asha Kiran home, as the current capacity of 928 inmates exceeds the intended capacity of 570.

 A status report filed by the department on Monday indicated that all authorized health staff positions at Asha Kiran have been filled, except two clinical psychologist roles. This was in response to a direction of the Delhi HC on August 5 to the Secretary of Social Welfare of the Delhi Government for visiting the shelter home, where 14 inmates, including a child, had died last month. 

On Monday, the division bench also directed FRRO and Delhi Police to facilitate the social welfare department for immediate shifting of inmates.

The Social Welfare Department Secretary Vinod Kalve was directed to decongest the shelter home informed the court that 20 women foreign detainees at Asha Jyoti home would be shifted to Shehzada Bagh FRRO Centre within a week, which in turn “shall pave the way to shift residents from Asha Kiran Complex to Asha Jyoti Home at Hari Nagar”.

 Additionally, the court was informed that the Social Welfare Department had consented to purchase the MCD’s nursing college and hostel, with the final price to be set by the MCD. Acknowledging this submission, the court recorded that the MCD would provide the asset value to the department in due course.

The court ordered a fresh status report to be filed within two weeks and scheduled the next hearing for September 30. In addition, ACJ Manmohan cautioned the secretary of the Social Welfare Department to “keep a watch, or things will go astray in a short time”.

The Social Welfare Department had earlier submitted a proposal for setting up a new home for 456 people at an expenditure of Rs 98.22 crore at Mamurpur in Narela, and government approval was awaited.

Previously, the court had instructed all the authorities concerned to address the situation immediately bypassing the procedural formalities and asserted that financial constraints should not be considered a barrier to addressing the crippling situation. The court suggested approaching the Lieutenant Governor for additional funds and recommended hiring contractual employees to address the staff shortage.

The official report stated that a total of 25 deaths were recorded from February 2024, out of which 14 deaths occurred (Male-6, Female-8) in the shelter home in July only.

The court while highlighting the need to shift the inmates to another facility ordered that a new status report should be filed within two weeks and the matter is further listed for September.  Additionally, ACJ Manmohan advised the secretary of the Social Welfare Department to  “keep a watch, or things will go astray in a short time”.

Case Title: Samadhan Abhiyan v. GNCTD & Ors.

[Some Inputs: ANI & Indian Express]