M.S. PATTER versus STATE OF NCT OF DELHI AND OTHERS

1. The electric switch board and toilets in the Medical Care Unit need repair and the table lying in the Medical Care Unit is to be replaced.

2. The bathroom and toilet behind medical room were not repaired and the backdoor entrance of the medical room was also not in good condition. One cooler was still lying in dirty condition and the windows and grills of the medical room were also not painted.

3. Drainage system was found blocked at the bathing area. The clamps on the water pipes was not fitted properly. Slopping on the floor was not proper and the water cooler needed to be replaced/ painted. PWD had been requested to provide stainless steel unbreakable sanitary fittings which had low maintenance and there was no unusual risk of damage and theft to the same.

4. Geysers for hot water supply were yet to be provided. Old water pump house was yet to be repaired. Grill in the area surrounding the pump was yet to be painted. Grills over the drains were yet to be provided.

5. No exhaust fan had been provided in the urinal block. At least two fans should be provided so that the block does not stink.

6. Additional trained staff is required for the laundry to operate the machines but the requisition had not been sent to the concerned authority.

7. The collapsible iron gate which appeared to be of no use, is to be removed. Door frame had to be painted. Lot of water logging was found inside the laundry area because of insufficient slope of the floor. The backside area around the ground water pump was required to be repaired. 918

8. Outside laundry area, the electrical poles are yet to be painted and street lights are yet to be provided.

9. Though broken cots had been repaired, yet the height of cots was found inappropriate as per the requirements of inmates and the cots were still found to be supported on bricks to raise their height. The work providing and fitting of window panes was yet to be completed.

10. Exhaust fans at most of the places were yet to be provided and fitted. The drainage pipe of rain water fitted on the wall of wards was not properly connected. It has to be connected with proper clamping. The approach road to the wards were required to be properly repaired.

11. One of the rooms kept for entertainment in the wards with the facility of LED TV requires proper sitting arrangements by providing mats, chairs etc.

12. The dark spot areas in the home should be appropriately fenced and lighted to check unauthorized entry and commission of thefts etc.

13. No substantial work had been done in the kitchen for renovation except repairing of some tiles.

14. There was no supervisory staff to check the preparation of food items. Superintendent informed that he would seek advice from Dietician for posting of supervisory staff to check preparation of various food items, their quantity and quality etc.

15. Repairing work in open space between kitchen and dormitory is yet to be completed.

16. In the dining room, painting of roof, window, grills, frames and shutters were required to be done. Exhaust fan was also required to be installed. There was sitting capacity of around 80 inmates at one time. The repair work of roof of the corridor was required to be done in two dining rooms. It was [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others noticed that one of these rooms was situated much away from kitchen area which is not advisable.

17. Four food distribution trolleys had been hired for one month for a sum of Rs.20,000/- per month and the trolleys were yet to be purchased.

18. Painting of exhaust fans, window frames, shutters and stools were yet to be done.

19. Grills and dwarf walls around the temple/ worship place were yet to be painted.

20. Some toilets in the sick ward still require repair work.

21. Inmates of sick ward stated that the trees at the complex of sick ward needs to be pruned from time to time for proper sun light.

22. Welfare Officers who were doing counselling of inmates were stated to be possessing the Master degree in social welfare. Thus it was stated that meanwhile they were providing counselling to the inmates, the professional counsellors were yet to be appointed.

23. Upon interaction with inmates, it was enquired as to whether the diet chart provided by the dietician was followed or not. Around 20-25 inmates confirmed that the diet had been provided as per the chart but they were not satisfied with the quantity.

24. The Inspection Team is of the opinion that painting of windows, grills, frames and shutters are required to be done in all the dormitories and dining room. The surface which is being painted has not been properly cleaned and shall be peeled off to increase durability of paint/white wash.

25. The team also visited the temple adjacent to the Laundry room and found that it was required to be properly painted and some plantation should be done for its beautification. 920

26. It is reported that there are only seven Safai Karamcharis for cleaning the entire premise and keeping in view of the huge area around 20 Safai Saramcharis are required to be deputed/appointed. It has been further reported that the demand in this regard has already been sent to the Department of social Welfare but there is no progress so far.

27. The team also observed that for the security purpose, there was no security guard in the entire premises and no CCTV camera was installed at any place of the entire premises of HLTB or TCPC, which are considered very necessary to have a better supervision over the security and activities going on.

28. No improvement was found at Training-cum- Production Centre (TCPC) by the team. It was as bad as it was noticed during visit on 12.12.2018. Let all the aforesaid deficiencies be removed and requisite improvements be made within four weeks from today except as directed by us hereinafter for kitchen and food quantity. In case the deficiencies are not removed, the concerned official shall be responsible for non- compliance and violating the mandate of this Court and will have to be present in the court on the next date of hearing. However, with respect to the quantity and quality of the food, the same should be done within one week after consulting a Dietician. The kitchen be repaired within two months and compliance affidavit be filed. The compliance affidavits filed on behalf of the respondent – Social Welfare Department is taken on record. List this matter on 27.3.2019.” 22.12. Notably, the deficiencies pointed out in the aforesaid order, were rectified and a compliance report was filed by the learned counsel for respondent(s) on 27.03.2019. [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others 22.13. On 25.04.2019, this Court directed the respondents to furnish a response regarding non-installation of CCTV cameras, and further directed that security guards be posted within ten days. 22.14. On 09.05.2019, when the matter was taken up, the learned Amicus Curiae, Mr. Ranjit Kumar, pointed out persistent deficiencies in the compliance / status report filed by the Social Welfare Department. The Court recorded these deficiencies and proceeded with further monitoring. For better understanding, the said order is reproduced below: Mr. Ranjit Kumar, learned senior counsel has pointed out that in the compliance / status report filed on behalf of the Social Welfare Department, there are deficiencies which still exist. Following deficiencies have been pointed out: 1) There is shortage of care taking staff. There are only 5 care taking staff whereas the requirement is that of 10 care taking staff. Let the respondent(s) appoint 5 more care taking staff within a period of six weeks from today. 2) It was also pointed that there is requirement of 20 Safai Karamcharis. However, only 10 Safai Karamcharis have been provided. Let 10 more Safai Karamcharis be provided within six weeks. (3) It was also pointed out that the bathroom fittings are not up to the mark. Let this work be looked into. (4) Out of 22 geysers, only 12 have been installed. Let 10 geysers be installed which are lying in the store within four weeks. (5) There is requirement of additional staff for laundry as pointed out in the report. Let additional staff be provided within six weeks as pointed out in the report. (6) Let the care takers be trained within a period of one month from today so that laundry machine may be operated with their help. 922 (7) There are certain inappropriate cots whose height was not sufficient. Let those cots be changed within one month from today. (8) There are certain holes due to removal of the exhaust fans. Those holes have not been closed. Let those holes be closed within a period of 3 weeks from today, especially in Ward Nos. 36 to 39. (9) Repair/renovation of Kitchen be completed within by 30th June, 2019. (10) It was also pointed out that the quantity and quality of food/diet provided to the inmates required is to be increased/improved and there was complaint of deficiencies of quality and quantity. Let the quantity/quantity be increased/improved. With respect to which we request the Dietician of GTB Hospital to make surprise inspection every month and submit periodical reports to this Court. Let fresh inspection be done in 10 days and report be submitted and concerned authorities be advised for improving the quality and quantity which shall be strictly followed forthwith without any further order of this Court. Let the advice so made by Dietician be placed on record within a period of 6 weeks from today. (11) Let the ROs which are not functioning be replaced within 15 days as water is an absolute necessity during the time of summers. (12) Professional Psychiatric Counsellor be provided within a period of six weeks from today. Only one Psychiatry Social Worker has been provided at HLTB that cannot be said to be compliance of the order passed by this Court. (13) With respect to Security Guards as well as CCTV installation, it was pointed out by learned Amicus as well as learned counsel on behalf of the petitioner that some officers of Centre create [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others unrest in the inmates so that no security guard and CCTV is installed to check their activities and also the pilferage which is being made by the officers. This aspect is required to be seriously looked into. We request learned counsel on behalf of the petitioner and State also to look into this aspect and there should be no room for any such complaint. Report be submitted by next date as to what is the basis of the objection by the inmates/ officers for security guards and CCTV installation. In case counsel for the petitioner wants to visit the centre, let police protection be provided to him. The Member Secretary of Delhi Legal Services Authority is requested to look into and investigate the matter at his own level and submit a report in this Court as regards Security Guard and CCTV installation. List in the last week of July, 2019.” 22.15. The record of proceedings dated 09.11.2022 is also of significance, wherein, this Court took note of remedial measures adopted by the respondent authorities and directed the Department to furnish details regarding the number of residents undergoing training, the carrying capacity of the training centres, and the feasibility of reopening the second training centre at Lampur, Narela. The Court had further called upon the Department to explore the possibility of introducing additional trade activities to promote economic self-reliance among the residents. For ease of reference, the said order is extracted below: “A further affidavit-in-reply on behalf of respondent No.2 – Department of Social Welfare, Government of NCT of Delhi, to the Status Report dated 10.12.2021 is filed which is dated 04.05.2022. In the affidavit-in-reply, it is stated that the Training- cum-Production Centres (TCPC) at the Home for Leprosy & TB affected Beggars’ (HLTB), Tahirpur Complex in North-East Delhi is functional. It is stated that Leprosy Affected Persons (LAPs) 924 residing in this Complex are being provided training in the trade of handloom weaving and for this purpose, an Instructor had been engaged to manage and oversee training of residents under the supervision of the Superintendent, TCPC(L). It appears that during the pandemic, the training programme was temporarily suspended. However, thereafter, training at TCPC(L) has been resumed. It is reported that the Instructor has retired w.e.f. 28.02.2022. Ms. Madhavi Divan, learned ASG, has stated at the Bar, under the instruction, that the new Instructor has taken over the charge. In the affidavit-in-reply, it is further stated that there is adequate quantity of raw materials available for the training programme at the TCPC. Procurement of additional quantities of raw material for future needs is under process. It is further stated in the reply that the Department is presently identifying and exploring the possibility of providing training in other trades, based on the abilities of the residents at the Complex and also the current market demand and the Department is liaising with the NGOs for that purpose. Shri Ranjit Kumar, learned Amicus Curiae, has drawn our attention to paras 8, 11, 13 & 15 of the further affidavit-in reply. Paras 8, 11, 13 & 15 reads as under: “8. The answering Department is presently con- sidering proposals for training collaborations with non-government organizations. The collaborations will facilitate engagement of trainer on salary basis, internships for trainees who can assist during the training programmes, provision for stipends to be offered to trainees based on the sale of products and creation of market linkages for sale of the products etc. The answering Department is con- sidering whether pilot Batch of 50 residents can [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others be created to test the feasibility of certain training programmes over others. Further, the answering Department will ensure space allocations and water and electricity for the training programmes to be conducted. Suitable personnel will be authorized to take care of the stock of finished goods, and also to assist the trainers and other staff to acclimatize at the TCPC(L). 11. The answering Department has obtained status reports from the respective PWD’s regarding rectification of defects and work done at the HLTB Complex. It is respectfully submitted that a lot of progress has been made and most of the defects have been rectified. 13. The Executive Engineer (Civil), KKD Court Division, PWD has informed the answering Department that the following defects have also been rectified: repair of staircase of two storied building; repair/replacement of doors, sanitary and water supply fittings of toilets pursuant to complaints from time to time; laying of a new sewer line for the sick ward in front of the administration office; replacement of damaged overhead tank of 5000 litre capacity near the two storied building; and strengthening of pillars of the sick ward by fixing wall tiles. Further, work to make the building complex suitable for Persons with Disability will also be taken up in conformity with accessibility guidelines, and an estimate for the same has already been submitted. 15. The Assistant Director (Horticulture), PWD has also sought approvals for the horticultural work required to be completed at the HLTB Complex. Horticultural work at the Complex is also in progress. A copy of the letter dated 25.10.2019 as received from the Assistant Director (Horticulture), PWD is marked and annexed herein as Annexure R/5. A sanction letter dated 21.03.22 amounting to 926 Rs.5,28,700/- has been issued to Deputy Director (Horticulture) for maintenance of Horticulture works at HLTB Tahirpur.” Let the Department file a fresh Status Report on what further steps are taken to improve the condition of the TCPC as well as the infrastructure and other facilities and on what is stated in the aforesaid paras. From the report of surprise visit held on 23.02.2022 by Mrs. Kamlesh Sethi, Dietician, Guru Teg Bahadur Hospital (GTBH), the following observations were made: “HLTB centre is well organized and net & clean. 1. Quality of food items:- There is no complaint raised by the inmates regarding quality of food. Food preparation was satisfactory. 2. Quantity of food items:- Few suggestions given by inmates regarding quantity which are:- A) Cereal intake i.e. Atta may be increased. We have already suggested this point earlier in meeting held at GTBH on 11/02/19 in the chamber of The Medical Director, GTBH. B) To increase palatability, salt may be increased from 5 gm to 10 gm per inmate. C) In winters milk intake may be increased instead of curd. D) As mentioned in food charts 2 portions of fruits (1 banana + 1 citrus/seasonal fruit) to be instead of one, two medium size fruits may be served. E) In dal portion size, they may include besan/ kabuli chana/rajma/kala chana/soyabean as per inmates choice. F) Instead of boiled egg, may be replaced with egg curry & egg bhurji/egg omelette as per inmates request.” [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others Of course there are some further reports filed by the Dietics Department of GTBH, the copies be furnished to Shri Ranjit Kumar, learned Amicus Curiae, as well as learned counsel appearing on behalf of the petitioner as well as Ms. Madhavi Divan, learned ASG. A specific report/answer be filed on behalf of the Department on the aforesaid aspects also. In the further reply to be filed, the Department to specifically state how many affected persons are taking training/residing; what is the carrying capacity of the Training Centres and whether the second training Centre at Lampur, Narela can be reopened or not. Further affidavit-in-reply to be filed within a period of four weeks pointing out the further steps taken as on today. In the further report, the Department may also state whether any other trade activities other than handloom activities is being carried out or not and/ or whether it can be carried out or not so that all those affected persons do not become dependent on others and they are economically sound. To come up on 12.12.2022.” 22.16. Pursuant to the aforesaid order, the Department filed its status report dated 10.03.2023, setting out the actions undertaken in compliance therewith. The relevant paragraphs of the same read as under: “5…. Report: Currently, the building complex is in good condition and it does not require modification. However, from time to time the need assessment is done, if need arises sanction is given accordingly. 6… 928 Report: Day to day maintenance of Horticulture Work are already being done against sanction of Rs 5,28,000/. 7. It is submitted that further report with regards to the surprise visit held on 23.02.2022 by Mrs. Kamlesh Sethi, Dietician, Guru Teg Bahadur Hospital (GTBH) which was extracted in the order dated 09.11.2022… Action taken :- In accordance with the report the following actions has been undertaken 2(B) to increasing the salt intake 5gm to 10gm, the proposal is under consideration for approval of the Department. 2(C) In winters milk intake has been increased instead of Curd. 2(D) As mentioned in food charts 2 portions of fruits (1 banana + 1 citrus/seasonal fruit) is being served. 2(E) As per inmates choice besan/kabulichana/ rajma/kala chana//soyabean has been included instead of Dal portion. 2(F) As per inmate request egg curry & egg bhurji/ egg omelette has been replaced instead of boiled egg. 8. It is submitted that a surprise visit was held on 21/11/22 by Mrs. Sushma Bara (Sr. Dietician) and Mr. Anjali Sharma (Asstt. Dietician) of Dietetics Department, GTB Hospital and few of the observations from her report as under: I) HLTB Centre is well organized, neat and clean. II) There is no complaint raised by the inmates regarding quality and Ill) Quantity of food prepared and increased quantity of cereals. IV) Daily Menu is provided as per the choice of inmates and meal [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others V) Checking register is also maintained by the Welfare Officer on duty. VI) In response to the earlier observation (letter No. FNo.11 (40)/Kitchen/GTBH/344-46 date 18/10/22, point no. (5) the Welfare Officer assured to make the relevant/required changes on the existing displayed board. 9. It is submitted that another surprise visit was held on 10/01/23 by Mrs. Sushma Bara (Sr. Dietician) and Mr. Anjali Sharma (Asstt. Dietician) of Dietetics Department, GTB Hospital and few of the observations from her report as under: I) HLTB Centre is well organized, neat arid clean. II) There is no complaint raised by the inmates regarding quality and Quantity of food prepared and increased quantity of cereals. III) Daily Menu is provided as per the choice of inmates and meal IV) Lunch prepared was inspected by the above officials and found satisfactory. V) In response to the earlier observation, (letter no. F.No.11(40) /Kitchen/GTBH/344-46 date 18/10/22, point no. (05) the Welfare Officer assured has made the relevant/required changes on the existing displayed board. 10. It is submitted that currently, TCPC(L) has 10 persons who are engaged in Training. The carrying capacity of TCPC(L) Tahirpur is 50 (fifty). The Department is still in the process of identifying the dedicated NGO/Agencies who will help to upscale the existing activities and linked with market so that a handsome source of income may be created and sustainability of the trade be maintained. It is further stated that as far as starting other activities 930 are concerned, it is submitted that there are very limited possibilities because of the deformities are such that they are restricted to do physical work. 11. It is further also submitted that the TCPC(L) Tahirpur’s infrastructure is in good condition. The Drinking water facilities and 24 x7 electricity is available. A security guard is also available to maintain security for the TCPC(L). 12. It is submitted that Smt. Siya Dulari, Craft Instructor has been taken the charge on 16/08/22. She is also in charge of Goods & Raw Material. Further, ODO/HO has full power to purchase material vide F.10(530)/A-I/DSW/Estt/13445-13544 dated 13/10/22. Two months stocks are available for handloom. 13. It is submitted that TCPC does not exist at Lampur and Narela. It is also stated that no Leprosy Affected Person are staying at Lampur & Narela homes or nearby places. 22.17. The records further reveal that a surprise inspection was most recently conducted on 29.03.2025 by Mrs. Vandana Arora, Senior Dietician, Dietetics Department, GTB Hospital, at the HLTB Centre, Tahirpur, Delhi, accompanied by the caretaker officer on duty and other staff members. The inspection noted that the Centre was well-organized, neat, and clean. The inmates raised no complaints regarding either the quality or the quantity of food served. The daily menu was found to be in conformity with the prescribed dietary protocol, with appropriate variations introduced to accommodate the food preferences of the inmates. A meal-checking register was being duly maintained by the Welfare Officer on duty. The lunch preparation was also inspected and found satisfactory. The report, however, recommended that a dedicated Dietician be recruited or designated within the Department to ensure regular verification of food quality and adherence to nutritional standards. [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others 22.18. From the foregoing, it is evident that this Court has from time to time, issued a series of directions aimed at improving the conditions prevailing in Beggars’ Homes, and that the concerned authorities have, by and large, complied therewith. The cumulative effect of these measures has been tangible improvement in infrastructure, health facilities, diet, sanitation, and the overall living conditions of the inmates. The most recent reports also record nil complaints from the inmates, with the sole recommendation being the appointment of a permanent Dietician. Thus, it stands established that the respondents have duly complied with the order of the High Court dated 15.10.2001 in its entirety. 23. At the same time, we are of the considered view that the progress achieved should not remain confined to the Homes that were subject to scrutiny in the present case, but must extend to all Homes under the Government of NCT of Delhi. Moreover, all States and Union Territories are required to institutionalise similar reforms in Beggars’ Homes and analogous institutions under their control, so that the constitutional guarantee of life with dignity is meaningfully secured for this most vulnerable section of society. As already emphasised, Beggars’ Homes require a paradigm shift – from being perceived as instruments of social control to being recognised as spaces of social justice. The failure to ensure humane conditions in such Homes does not merely amount to maladministration; it constitutes a constitutional breach of the fundamental right to life with dignity. Accordingly, we deem it appropriate to issue the following directions, in respect of all Beggars’ Homes across the country, including the subject institutions to ensure that the improved conditions are continuously maintained. Preventive Healthcare and Sanitation (1) Every individual admitted to a Beggars’ Home shall mandatorily undergo a medical screening by a qualified medical officer within 24 hours of admission. (2) Monthly health check-ups shall be conducted for all inmates by a designated medical team. (3) A disease surveillance and early warning system shall be established in all Beggars’ Homes, with special protocols for the prevention, detection, and containment of communicable and waterborne diseases. 932 (4) All State Governments / UTs shall frame, notify, and strictly enforce minimum hygiene and sanitation standards in Beggars’ Homes, which shall mandatorily include: (a) continuous access to potable drinking water (b) functional toilets with proper drainage systems; and (c) regular pest control and vector management measures. II. Infrastructure and capacity (5) All State Governments / UTs shall conduct an independent third-party infrastructure audit of every Beggars’ Home within their jurisdiction at least once every two years. (6) Occupancy in each Beggars’ Home shall not exceed its sanctioned capacity, so as to prevent overcrowding and the spread of communicable diseases. (7) Adequate provision shall be made for safe housing, ventilation, and access to open spaces, consistent with human dignity. III. Nutrition and Food Safety (8) Every Beggars’ Home shall appoint, or designate from an associated Government Hospital, a qualified Dietician to regularly verify the quality and nutritional standards of food served to inmates. (9) Standardised dietary protocols shall be framed, ensuring nutritional adequacy. IV. Vocational Training and Rehabilitation (10) All Beggars’ Homes shall establish or expand vocational training facilities aimed at skill development and economic self-reliance of inmates. (11) The State Governments / UTs shall explore partnerships with governmental agencies, NGOs, and private institutions to introduce diverse trades and employment- oriented training programmes. [2025] 9 S.C.R.  M.S. Patter v. State of NCT of Delhi and Others (12) Periodic assessments shall be conducted to monitor the effectiveness of rehabilitation initiatives and to facilitate the reintegration of released inmates into society. Legal Aid and Awareness (13) Inmates shall be informed in a language they understand, of their legal rights, including the right to contest detention orders. (14) State Legal Services Authorities shall designate panel lawyers to visit Beggars’ Homes at least once every three months, to provide free legal assistance and facilitate access to bail, release, or appeal remedies. VI. Child and Gender Sensitivity (15) Where women or children are housed in such Homes, the States / UTs shall provide separate facilities ensuring privacy, safety, and access to child care, education, and counselling. (16) Children found begging shall not be detained in Beggars’ Homes but referred to child welfare institutions under the Juvenile Justice (Care and Protection of Children) Act, 2015. VII. Accountability and Oversight (17) Every State / UT shall constitute a Monitoring Committee for Beggars’ Homes, comprising officials from the Social Welfare Department, Public Health authorities, and independent civil society members, to: (a) prepare and publish annual reports on the condition of Beggars’ Homes; and (b) maintain accurate records of illnesses, deaths, and remedial actions taken. (18) In every case where the death of an inmate is attributed to negligence, lack of basic facilities, or failure to provide timely medical care: 934 (a) the State / UT shall pay reasonable compensation to the next of kin of the deceased; and (b) initiate departmental and, where warranted, criminal proceedings against the officials found responsible. VIII. Implementation and Compliance (19) State Governments / UTs shall maintain a centralised digital database of all inmates, recording details of admission, health, training, release, and follow-up. (20) The above directions shall be implemented within six months from the date of this judgment. 23.1. The Union of India, through the Ministry of Social Justice and Empowerment, shall, within three months, frame and notify model guidelines to facilitate uniform implementation of the aforesaid directions across all States and Union Territories. 23.2. The Registrar (Judicial) shall circulate a copy of this judgment to the Chief Secretaries of all States and Union Territories as well as to the Secretary, Ministry of Social Justice and Empowerment, Government of India, for strict compliance. 23.3. Liberty is reserved to the parties to seek further directions, should any difficulty arise in the course of implementation. 24. This appeal stands disposed of, with the above observations and directions. There is no order as to costs. 25. Pending application(s), if any, stand disposed of. Result of the case: Directions issued. †Headnotes prepared by: Divya Pandey