Article 21 Includes Right To Dignity: Supreme Court 2017 Orders Rehabilitation Of Vrindavan Widows. The Supreme Court in Environment And Consumer Protection Foundation vs Union Of India dealt with abandonment of widows in religious places like Vrindavan. The Court on 11.08.2017 used PIL jurisdiction to direct State to provide shelter, health, legal aid. The Court framed it as enforcement of Article 21. This blog explains the directions and constitutional basis.
PIL To Protect Voiceless And Socially Disadvantaged. The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 14: Quoted PUDR: PIL "intended to promote and vindicate public interest...of people who are poor, ignorant or socially disadvantaged".The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 15: Advantage of PIL is "to empower those suffering from social disabilities...Widows of Vrindavan...socially disadvantaged class".The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 16: Cited Balwant Singh Chaufal: First phase of PIL was for "marginalized groups...because of extreme poverty, illiteracy".The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 17: Cited Delhi Jal Board: "Constitutional duty" of courts to give succour to deprived sections.
Specific Problems Identified In Reports. The Supreme Court in Environment And Consumer Protection Foundation vs UOI: Problems: No shelter, Rs 18 for bhajans, begging, no medical care, no pension access, legal problems regarding property/inheritance.The Supreme Court in Environment And Consumer Protection Foundation vs UOI: NCW, NALSA, DLSA Mathura, WCD Ministry all filed reports highlighting gaps in implementation.The Supreme Court in Environment And Consumer Protection Foundation vs UOI: State of UP also filed status report 11.03.2016.Agreed Action Plan: Key Welfare Measures
The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 10: Table of Action Plan:Structure: Swadhar Greh for destitute women. No user fee. Integration of Old Age Homes. Health: Free medicines via NHM. Link homes with dispensaries. Pension: Widow pension to individuals. Legal: Free legal aid. Monitoring: Inspections annually for 3 years, then every 3 years. Awareness: Generate awareness at rural/district level.The Supreme Court in Environment And Consumer Protection Foundation vs UOI: Court advised Ministry to ensure funds intended to "assist and benefit destitute widows". Follow Up Mechanism. The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 11: Committee to submit plan by 30.11.2017. NCW to provide working space. Honorarium to be decided.The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 19: Expressed gratitude to petitioners, WCD Ministry, NCW, and Ms. Renuka Kumar for reports.The Supreme Court in Environment And Consumer Protection Foundation vs UOI para 20: Listed matter on 09.10.2017 for follow-up.
Conclusion
Environment And Consumer Protection Foundation vs Union Of India establishes right to dignity article 21 widows vrindavan supreme court principle. Supreme Court 11.08.2017 used PIL to convert newspaper article into welfare program. Court approved Action Plan for Swadhar Greh and constituted Committee. Court held social ostracism violates dignity. As the law stands, Article 21 imposes positive obligation on State for vulnerable groups. The Supreme Court’s ruling in Environment And Consumer Protection Foundation is guiding judgment for destitute women rehabilitation.
