Ensure humane conditions in beggars' homes across India, orders SC

All beggars’ homes across India must go for mandatory medical screening of inmates and maintain data on deaths caused due to negligence or the lack of basic facilities, or failure to provide timely medical care, the Supreme Court has ordered.

“In every case where the death of an inmate is attributed to negligence, lack of basic facilities, or failure to provide timely medical care, the State/UT shall pay reasonable compensation to the next of kin of the deceased; and initiate departmental and, where warranted, criminal proceedings against the officials found responsible,” a Bench of Justice JB Pardiwala and Justice R Mahadevan ordered.

“A beggars’ home, maintained by the state, is thus a constitutional trust, not a discretionary charity. Its administration must reflect the values of constitutional morality – ensuring liberty, privacy, bodily autonomy and dignified living conditions,” the Bench said, reminding the state of its responsibility towards indigent persons.

The failure to ensure humane conditions in such homes did not merely amount to maladministration; it amounted to a constitutional breach of the fundamental right to life with dignity, it said.

In such cases, the State/UT is responsible for providing a ‘reasonable compensation’ to the next of kin of the deceased. In cases where warranted, criminal proceedings can also be initiated against those responsible.

“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,” the top court ordered.

“Every individual admitted to a beggars’ home shall mandatorily undergo a medical screening by a qualified medical officer within 24 hours of admission,” it said, adding “Monthly health check-ups shall be conducted for all inmates by a designated medical team.”

It also ordered that 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.

“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,” the top court said in its September 12 order.

The order came in a case arising out of an incident at a beggars’ home in Lampur in North Delhi, where contamination of drinking and cooking water with coliform bacteria resulted in an outbreak of cholera and gastroenteritis among inmates.

“Where women or children are housed in such homes, the states/UTs shall provide separate facilities to ensure privacy, safety, and access to child care, education and counselling. 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,” it said.

“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 prepare and publish annual reports on the condition of beggars’ homes, besides maintaining accurate records of illnesses, deaths and remedial actions taken,” the Bench said.

All the state governments/UTs shall conduct an independent third-party infrastructure audit of every beggar’s home within their jurisdiction at least once every two years, it said, adding that occupancy in each home shall not exceed its sanctioned capacity, so as to prevent overcrowding and the spread of communicable diseases.

The state legal services authorities shall designate panel lawyers to visit the homes at least once every three months to provide free legal assistance and facilitate access to bail, release, or appeal remedies, it ordered.

“Adequate provisions shall be made for safe housing, ventilation and access to open spaces, consistent with human dignity. Every beggar’s 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 the inmates. Standardised dietary protocols shall be framed, ensuring nutritional adequacy.

“All beggars’ homes shall establish or expand vocational training facilities aimed at skill development and economic self-reliance of inmates. The state governments/UTs shall explore partnerships with government agencies, NGOs, and private institutions to introduce diverse trades and employment-oriented training programmes,” it said.