VIKRAM DEO SINGH TOMAR versus STATE OF BIHAR

Citation: [1988] SUPP. 1 S.C.R. 755 · Decided: 02-08-1988 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Disposed off

Judgment (excerpt)

VIKRAM DEO SINGH TOMAR 
v. 
A 
STATE OF BIHAR 
AUGUST 2, 1988 
[R.S PATHAK, CJ, L.M. SHARMA AND N.D. OJHA, JJ.J 
B 
Constitution of India-Art. 21-Right of female inmates of'Care 
Homes' established by State to live with human dignity. 
This writ petition arose upon a letter received from a voluntary 
organisation alleging that the female inmates of a 'Care Home' in Bihar 
were compelled to live in inhuman conditions. Pursuant to a direction 
made by the court, the District Judge, Patna visited the 'Care Home' 
and submitted a report on the conditions actually prevailihg there. 
Disposing of the writ petition, 
HELD: Every person is entitled to a quality of life consistent with 
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his human personality. The right to live with human dignity is the 
fundamental right of every Indian citizen under Art. 21 of the Constitu-
tion. And, so, in the discharge of its responsibilities to the people, the 
State recognises the need for maintaining establishments for the care of 
those unfortunates, both women ·and children, who are the castaways of E 
an imperfect social order and for whom, therefore, of necessity provi-
sion must be made for their protection and welfare. Both common 
humanity and considerations of law and order require the State to do 
so. To abide by the constitutional standards recognised by well-
accepted principle, it is incumbent upon the State when assigning 
women and children to these establishments, to provide at least the 
p 
minimum conditions ensuring human dignity. [758D-F] 
India is a welfare State governed by a Constitution which lays 
special emphasis on the protection and well-being of the weaker sections 
of society and seeks to ·improve their economic and social status. It 
shows a particular ragard for women and children, and notwithstand-
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ing the pervasive ethos of the doctrine of equality it contemplates special 
provision being made for them by law. l758B-CJ 
t. 
What we see before _us in the instant case is a crowded hovel~ in 
which a large number of human beings have been thrown together, 
compelled to subsist in conditions of animal survival, conditions which 
H 
755 
A 
B 
c 
D 
756 
SUPREME COURT REPORTS 
[1988) Supp. 1 S.C.R. 
blatanly deny their basic humanity. It is clear that the Welfare Depart-
ment of the State Government of Bihar views its responsibilities in 
regard to these women with a lightness which ill befits its existence and 
the public funds appropriated to it. The name of "Care Home" given to 
these establishments is an ironic misnomer. The primitive conditions in 
which the inmates are compelled to live shock the conscience. [758G; 
759A 0B) 
The State Government should provide suitable alternative accom, 
modation expeditiously for housing the inmates of the present "Care 
Home". It is necessary meanwhile to put the existing building, in which 
the inmates are presently housed, into proper order immediately, and 
for that purpose to renovate the building and provide sufficient 
amenities by way of living room, bathrooms and toilets within the build-
ing, and also to provide adequate water and electricity. A suitable range 
of furniture, including Cots must be provided at once, and an adequate 
number of blankets and sheets, besides clothing, must be supplied to the 
inmates. The Welfare Department of the State Government will take 
immediate steps to comply with these directions. [759D, F-Hl 
The inmates have been committed to the care of this Home under 
orders issued by various Courts in Bihar or by different Executive 
authorities. The Welfare Department will submit a report within one 
month from today detailing the particulars of these cases and mention-
ing the judicial or executive authority concerned to the High Court, and 
E 
the High Conrt will thereupon issne necessary instructions to the perti-
nent District authority for taking appropriate steps in the different 
cases for their early disposal. [760B-C l 
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 1426 of 
:· 
1987. 
~ 
F 
(Under Article 32 of the Constitution of India). 
Ms. Abha Jain for the Petitioner. 
M.P. Jha for the Respondent. 
G 
The Judgment of the Court was delivered by 
PATHAK, C.J .. This writ petition arises upon a letter received 
from the Yuva Adhivakta Kalyan Samiti, Sasaram, District Rohtas 
(Bihar). Among other things, it is alleged in the letter that the female 
H inmates of the "Care Home", Patna (Bihar) are compelled to live in 
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V.K. SINGH v. STATE OF BIHAR [

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