IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Tiwari-PIL...IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** LIST OF RELEVANT DATES & EVENTS IN CIVIL MISC. PUBLIC INTEREST LITIGATION

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*****

I N D E X

IN

CIVIL MISC. PUBLIC INTEREST LITIGATION NO. 33595 OF 2013 (Under Article 226 of the Constitution of India)

(DISTRICT :: ALLAHABAD.)

Akansha Tiwari & others. …Petitioners.

Versus

State of U.P. & others. …Respondents.

Sl.

No.

Particular of Papers. Dates

Annex.

No.

Page No.

Fm | To

1. List of relevant dates and events.

2. Civil Misc. Stay Application.(Under

Section 151 of Code of Civil Procedure).

3. Civil Misc. (PIL) Writ Petition.

(Under Article 226 of the Constitution of

India).

4. Photocopy of the orders of the

Hon'ble High Court passed in Public

Interest Litigation No. 33721 of

2011, ‘Utkarsh Dixit & others Vs.

State of U.P. & others.

06.06.2011,

09.06.2011

and

10.06.2011

(1)

5. Photocopy of the fact finding report

alongwith the photographs.

(2)

6. AFFIDAVIT in support of Writ

Petition.

7. Proof of Identification of the

deponent.

8. Vakalatnama.

(Akansha Tiwari) (Juhi Matani) (Heena Keswani)

(Abhishek Srivastava) (Varun Tandon) (Devesh Yadav)

(Shekhar Raju) (Shashank Tiwari)

ALL IN-PERSON

Dated : June, 2013 Mob.: 8005333039.


*****

LIST OF RELEVANT DATES & EVENTS

IN

CIVIL MISC. PUBLIC INTEREST LITIGATION NO. 33595 OF 2013 (Under Article 226 of the Constitution of India)



Versus


Dates Events

The Petitioners are the students who are doing internship on

Human Rights and it is also their part of project to prepare the

report of the violations in the area of their work, to draft the

Public Interest Litigation and also to appear before the Hon'ble

Court for seeking relief to the persons who have no access to

the justice delivery system for their social handicaps.

The India being the signatory of the convention of the

rights of the Child convened by the General Assembly of

the United Nations in 1989 which prescribed a set of

standards to be adhered to by all the State parties in

securing the best interest of the child.

Our Constitution in several provisions including Clause

(iii) of the Article 15, Clause (e) and (f) of the Article

39, Article 45 and 47 impose on the State, a primary

responsibility for ensuring that all the needs of the

children are met and that there basic human rights are

fully protected.

Under the obligations due to the signatory in the child

convention of the United States and due to salutary

provisions of our Constitution, the Parliament enacted

the Juvenile Justice (Care and Protection of Children)

Act, 2000 which was subsequently substituted by

Juvenile Justice (Care and Protection of Children) Act,

2006.

In 2007, the Juvenile Justice (Care and Protection of

Children) Rules, 2007 came into being in exercise of the

power conferred by the proviso to sub-section 1 of

Section 68 of Juvenile Justice (Care and Protection of

Children) Act, 2000.

The Schedule-I under the rule 41 and Schedule- II under the

rule 44 gives a detailed and mandatory description for the

Juveniles under the headings Bedding, Clothing for Girls,

Clothing for Boys, Miscellaneous Articles, Nutrition and Diet

Scale.

There is a shelter home in Allahabad situated at Shivkuti

where the children upto the age of 10 year are kept.

The Petitioners are the students of law studying in

various law universities and are doing summer internship

in the office of the Human Rights Law Network.

The Petitioners being the law interns also came across

the Public Interest Litigations done on the basis of the

fact finding reports of the law students of the previous

years and also read the various orders of the Hon'ble

High Court for the improvement of the Human Rights

conditions of the Shishu Graha at Shivkuti.

After reading the fact finding report, Public Interest

Litigations and the orders of the Hon'ble Court, it was

decided that the Petitioners being the law interns shall

make a visit to the Shishu Graha, Shivkuti, Allahabad.

30.05.2013 A meeting was held in the office of Human Rights Law

Network on 30th

May, 2013 and it was decided that a

team shall be constituted who will visit the Shishu Graha

at Shivkuti under the guidance of Shri Utkarsh Dixit, a

law student of Allahabad University.

01.06.2013 On the basis of the decision so taken, the fact finding team

visited the juvenile home on 01.06.2013 and prepared a report

on the basis of their interaction with the children, staff and

other members present there.

The Petitioners respectfully submits that in spite of the fact that

there is the Constitutional provisions for the safeguards of the

children, a separate complete exhaustive Act and Rules and

various orders of the Hon'ble Court to improve the condition of

the Shishu Graha at Shivkuti, situation was much worse.

When the fact finding team inquired the Assistant

Superintendent about the deplorable condition of the Bal

Shishu Graha and they gave lame excuses. The behavior of

authorities of Bal Graha was so inhuman that they were not

even providing mattresses to the children. There is no

ambulance or any other vehicle provided to take the ill children

to the hospitals.

In Bal Shishu Graha, there was not sufficient number of staffs

and the existing staffs are also not regular. As the children are

more in number as compared to staffs so more number of staffs

is required because mentally and physically challenged children

live together with normal children so the management needs

perfection to manage it properly and according to the needs of

the children.

It is a clear-cut violation of Article 21A of Fundamental Right

to free and compulsory education is there, the children are not

facilitated with proper educational facilities. According to a

child a sometimes a teacher comes at her own sweet will to

teach the children some rhymes and alphabets and that is it. No

child is catered to according to his/her special needs, so much

so that even the mentally challenged children who require a

different approach w.r.t. methods of teaching are not provided

so and are dealt with indifferently.

The Fact Finding Team found the rooms are unclean and stink

badly. There is no proper ventilation and this makes it a

suffocating plight for the children. Altogether the condition

inside the children's home present an appalling sight and a

straightaway infringement of Article 21 of the Constitution of

India.

June,13 Hence the present Public Interest Litigation filed by the

Petitioners.




ALL IN-PERSON

Dated : June, 2013 Mob.: 8005333039.


*****

CIVIL MISC. STAY APPLICATION No. 33595 OF 2013 (Under Section 151 of Code of Civil Procedure)

On behalf of :-

Akansha Tiwari & others. …Applicants/Petitioners. g

IN

CIVIL MISC. PUBLIC INTEREST LITIGATION NO. OF 2013 (Under Article 226 of the Constitution of India)


1. Akansha Tiwari,

Daughter of Shri Amit Tiwari,

IInd Semester, University of Law, Nirma University,

Resident of P-85, A.D. Commanders House, Air Enclave,

Central Air Command, Bumrauli,

Allahabad.

2. Juhi Matani,

Daughter of Shri Kanhaiya Matani,

IInd Semester, Amity University,

Lucknow.

Resident of 3018, Anant Vihar,

1, Lohiya Marg, Civil Lines,

Allahabad.

3. Heena Keswani,

Daughter of Shri Vasudev Keswani,

IInd Semester University of Petroleum and Energy Studies,

Dehradun,

Resident of 23/34-A, Lukarganj,

Allahabad.

4. Abhishek Srivastava,

Son of Shri Arun Kumar Srivastava,

IInd Semester, Institute of Law, Nirma University,

Resident of HIG-S4, Preetam Nagar,

Allahabad.

5. Varun Tandon,

Son of Shri Ashok Tandon,


Resident of 35/11/7, Pushpanjali Colony,

Hastings Road, Allahabad.

6. Devesh Yadav,

Son of Shri Balvir Singh,

IInd Semester, KIIT Law School, Bhubaneshwar,

Resident of Street No. 2, Yadav Nagar,

Mainpuri, U.P.

7. Shekhar Raju,

Son of Shri A.P. Nigam,

IInd Semester, Amity University, Lucknow,

Resident of 36/F, Louther Road, Anand Mai Colony,

Allahabad.

8. Shashank Tiwari,

Son of Shri Rakesh Tiwari,

IInd Semester, University of Petroleum and Energy Studies,

Dehradun.

Resident of 46/14/7, Ganesh Nagar,

Muirabad, Allahabad.

…Petitioners.

Versus

1. State of U.P.,

Through Principal Secretary

Child Welfare, Lucknow.

2. Director,

Child Welfare, Secretariat, Lucknow.

3. District Magistrate, Allahabad.

4. District Social and Child Welfare Officer,

District Allahabad.

5. Superintendent, Shishu Graha,

Shivkuti, Allahabad.

…Respondents.

To,

The Hon’ble the Chief Justice and his other companion Judges of the

aforesaid Court.

The humble application on behalf of above named, Applicants/

Petitioners, Most Respectfully Showeth as under:

1. That the full facts and circumstances of the case have been stated in

the accompanying (PIL) writ petition, which forms part of this

application.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon'ble Court

may graciously be pleased to appoint a Commission to give a detailed

report of the conditions of the Bal Shishu Graha at Khuldabad and

submit its report before the Hon'ble Court and further direct the

Respondent No. 3 & 4 to provide the clothing, food and medical

facilities to the inmates of the Bal Shishu Graha, Shivkuti, Allahabad

immediately.

And/or pass such other and further orders which this Hon'ble

Court may deem fit and proper in the nature and circumstances of the

case.




ALL IN-PERSON

Dated : June, 2013 Mob.: 8005333039.


***** CIVIL MISC. PUBLIC INTEREST LITIGATION NO. OF 2013

(Under Article 226 of the Constitution of India)


1. Akansha Tiwari,

Daughter of Shri Amit Tiwari,

IInd Semester, University of Law, Nirma University,

Resident of P-85, A.D. Commanders House, Air Enclave,

Central Air Command, Bumrauli,

Allahabad.

2. Juhi Matani,

Daughter of Shri Kanhaiya Matani,

IInd Semester, Amity University,

Lucknow.

Resident of 3018, Anant Vihar,

1, Lohiya Marg, Civil Lines,

Allahabad.

3. Heena Keswani,

Daughter of Shri Vasudev Keswani,

IInd Semester University of Petroleum and Energy Studies,

Dehradun,

Resident of 23/34-A, Lukarganj,

Allahabad.

4. Abhishek Srivastava,

Son of Shri Arun Kumar Srivastava,


Resident of HIG-S4, Preetam Nagar,

Allahabad.

5. Varun Tandon,

Son of Shri Ashok Tandon,


Resident of 35/11/7, Pushpanjali Colony,

Hastings Road, Allahabad.

6. Devesh Yadav,

Son of Shri Balvir Singh,

IInd Semester, KIIT Law School, Bhubaneshwar,

Resident of Street No. 2, Yadav Nagar,

Mainpuri, U.P.

7. Shekhar Raju,

Son of Shri A.P. Nigam,

IInd Semester, Amity University, Lucknow,

Resident of 36/F, Louther Road, Anand Mai Colony,

Allahabad.

8. Shashank Tiwari,

Son of Shri Rakesh Tiwari,

IInd Semester, University of Petroleum and Energy Studies,

Dehradun.

Resident of 46/14/7, Ganesh Nagar,

Muirabad, Allahabad.

…Petitioners.

Versus

1. State of U.P.,

Through Principal Secretary

Child Welfare, Lucknow.

2. Director,

Child Welfare, Secretariat, Lucknow.

3. District Magistrate, Allahabad.

4. District Social and Child Welfare Officer,

District Allahabad.

5. Superintendent, Shishu Graha,

Shivkuti, Allahabad.

…Respondents.

To,

The Hon’ble the Chief Justice and his other companion Judges of the

aforesaid court.

The humble Petition on behalf of above named Petitioners, Most

Respectfully Showeth as under:

1. That this is the first Writ Petition being filed on the present

cause of action and no other Petition of any kind has been filed

by or on behalf of the Petitioners for the same or similar relief.

2. That no copy of the caveat application has been received by the

Petitioners nor Petitioners have any knowledge regarding filing

of any caveat application on behalf of any of the Respondents.

3. That the Petitioners have no ill-will of prejudice towards anyone and

he is not prejudiced in filing the present Public Interest Litigation.

4. That the Petitioners are not filing this petition to benefit themselves or

to harm any person or institution.

5. That the Petitioners are not filing this Public Interest Litigation at the

behest of some other persons to fulfill their other motives.

6. That the Petitioners are not filing this Public Interest Litigation for

any personal interest or personal gain.

7. That the Petitioners are the students who are doing internship on

Human Rights and it is also their part of project to prepare the report

of the violations in the area of their work, to draft the Public Interest

Litigation and also to appear before the Hon'ble Court for seeking

relief to the persons who have no access to the justice delivery system

for their social handicaps.

8. That the India being the signatory of the convention of the

rights of the Child convened by the General Assembly of the

United Nations in 1989 which prescribed a set of standards to

be adhered to by all the State parties in securing the best

interest of the child.

9. That our Constitution in several provisions including Clause

(iii) of the Article 15, Clause (e) and (f) of the Article 39,

Article 45 and 47 impose on the State, a primary responsibility

for ensuring that all the needs of the children are met and that

there basic human rights are fully protected.

10. That under the obligations due to the signatory in the child

convention of the United States and due to salutary provisions

of our Constitution, the Parliament enacted the Juvenile Justice

(Care and Protection of Children) Act, 2000 which was

subsequently substituted by Juvenile Justice (Care and

Protection of Children) Act, 2006.

11. That in 2007, the Juvenile Justice (Care and Protection of

Children) Rules, 2007 came into being in exercise of the power

conferred by the proviso to sub-section 1 of Section 68 of

Juvenile Justice (Care and Protection of Children) Act, 2000 .

12. That Chapter II of the Act deals with the juvenile in conflict

with law which contains Section 4 to 28.

13. That Chapter III of the Act deals with child in need of care and

protection which runs from Section 29 upto Section 39.

14. That Section 4 of the Act deals with rehabilitation and social

integration and section 41 of it deals with adoption.

15. That Section 34 of the Act contains the provisions of Children

Home which says that the State Government may establish and

maintain children homes by itself or in association with the

voluntary organization for the reception of child in need of care

and protection.

16. That the Juvenile Justice (Care and Protection of Children) Act, 2000

is divided in five chapters.

17. That Chapter-III deals with child in need of care and protection which

runs from Section 29 to Section 39.

18. That the Section 34 deals with children's home which is establish and

maintained by State Government either by itself or in association with

the voluntary organization for the reception of the child in need of

care and protection.

19. That Section 34(2) says that the government may by rule provide for

the management of children's home including the standards and the

natures of services to be provided by them.

20. That the Uttar Pradesh Juvenile Justice (Care and Protection of

Children) Rules, 2004 (hereinafter referred as Rule, 2004) has been

made in exercise of power under Section 68 of the Juvenile Justice

(Care and Protection of Children) Act, 2000.

21. That Rule 27 of the Rules, 2004 deals with the children's home.

22. That Rule 27(2) says that every children's home shall have a

comprehensive child care centre with primary objective to promote an

integrated approach to child care by involving the community and

local NGO's.

23. That Rule 27(4) says that every children shall have a facility of

physical infrastructure, clothing and bedding, nutrition, medical,

education, vocational training, counseling and recreation facilities.

24. That the Schedule-I under the rule 41 and Schedule- II under the rule

44 gives a detailed and mandatory description for the Juveniles under

the headings Bedding, Clothing for Girls, Clothing for Boys,

Miscellaneous Articles, Nutrition and Diet Scale.

25. That there is a shelter home in Allahabad situated at Shivkuti

where the children upto the age of 10 year are kept.

26. That the Petitioners are the students of law studying in various

law universities and are doing summer internship in the office

of the Human Rights Law Network.

27. That during the course of their internship, they came across the

several fact finding reports done in the previous years by the

law students.

28. That the Petitioners being the law interns also came across the

Public Interest Litigations done on the basis of the fact finding

reports of the law students of the previous years and also read

the various orders of the Hon'ble High Court for the

improvement of the Human Rights conditions of the Shishu

Graha at Shivkuti. A photocopy of the orders of the Hon'ble

High Court dated 06.06.2011, 09.06.2011 and 10.06.2011

passed in Public Interest Litigation No. 33721 of 2011,

‘Utkarsh Dixit & others Vs. State of U.P. & others are being

filed herewith and marked as Annexure No. 1 to this Writ

Petition.

29. That after reading the fact finding report, Public Interest

Litigations and the orders of the Hon'ble Court, it was decided

that the Petitioners being the law interns shall make a visit to

the Shishu Graha, Shivkuti, Allahabad.

30. That a meeting was held in the office of Human Rights Law

Network on 30th

May, 2013 and it was decided that a team shall

be constituted who will visit the Shishu Graha at Shivkuti

under the guidance of Shri Utkarsh Dixit, a law student of

Allahabad University. The fact finding team consisted of

(i) Akansha Tiwari, IInd Semester, University of Law, Nirma

University, Ahemdabad.

(ii) Juhi Matani, IInd Semester, Amity University, Lucknow.

(iii) Heena Keswani, IInd Semester University of Petroleum and

Energy Studies, Dehradun.

(iv) Abhishek Srivastava, IInd Semester, Institute of Law, Nirma


(v) Varun Tandon, IInd Semester, Institute of Law, Nirma


(vi) Devesh Yadav, IInd Semester, KIIT Law School,

Bhubaneshwar.

(vii) Ashutosh Singh, IInd Semester, Law College, Dehradun.

(viii) Devesh Yadav, IInd Semester, KIIT, Bhuvaneshwar.

(ix) Nishit Dixit, IInd Semester, Symboisis Lal School, Pune.

(x) Shashank Tiwari, IInd Semester, UPS, Dehradun.

(xi) Shekhar Raju, IInd Semester, Amity Law School ,

Lucknow.

31. That on the basis of the decision so taken, the fact finding team visited

the juvenile home on 01.06.2013 and prepared a report on the basis of

their interaction with the children, staff and other members present

there. A photocopy of the fact finding report alongwith the

photographs is being filed herewith and marked as Annexure No. 2 to

this Writ Petition.

32. That the Petitioners respectfully submits that in spite of the fact that

there is the Constitutional provisions for the safeguards of the

children, a separate complete exhaustive Act and Rules and various

orders of the Hon'ble Court to improve the condition of the Shishu

Graha at Shivkuti, situation was much worse.

33. That when the fact finding team inquired the Assistant Superintendent

about the deplorable condition of the Bal Shishu Graha and they gave

lame excuses. The behavior of authorities of Bal Graha was so

inhuman that they were not even providing mattresses to the children.

There is no ambulance or any other vehicle provided to take the ill

children to the hospitals.

34. That the fact finding team found that the provisions given in the

Schedule-II of the Juvenile Justice (Care and Protection of Children)

Rules, 2007 was not adopted and implemented by the authorities of

the Bal Shishu Graha.

35. That the fact finding team found that all the facilities given in the

Schedule-II of Juvenile Justice (Care and Protection of Children)

Rules, 2007 was not provided to the children living in the Bal Shishu

Graha.

36. That in Bal Shishu Graha, there was not sufficient number of staffs

and the existing staffs are also not regular. As the children are more in

number as compared to staffs so more number of staffs is required

because mentally and physically challenged children live together

with normal children so the management needs perfection to manage

it properly and according to the needs of the children.

37. That the two most important authorities, first is Superintendent and

second Vice-Superintendent in Bal Graha were vacant. The

Superintendent who was appointed earlier was absent since four

months and no action has been taken against her till now.

38. That the most mismanagement was on the part of District Probation

Officer namely Mr. Puneet Sharma, as he remained inactive and has

not taken a single action regarding crucial issues like insufficient

staffs, poor education system, irregularity on the part of teachers,

requirement of daily needs of the children, salary deduction.

39. That inspite of the fact that free and compulsory education has been

the part of the fundamental right for the children upto 6-14 years, but

no effort has been made by the authorities to enroll the children in any

neighbouring school or write to the Basic Education Officers of the

Allahabad to arrange the teachers for informal/formal teaching under

the Sarv Shiksha Abhiyan in the children's home campus.

40. That the Fact Finding Team found that only there were only 4-5

caretakers present in the children's home when they made the surprise

visit, although the authorities told them that there are 14 staff

members in the home. It shows that the working staffs were

inadequate.

41. That it was found by the Fact Finding Team that there was no indoor

and outdoor game facilities, music, television, story books, dance

facilities provided to the children.

42. That the Fact Finding Team found that all the toys, books, bicycles

were lying locked in the storeroom and the children had no access to it

and they cannot even touch it. The authorities take the plea that the

children may escape if they are allowed outdoor activities or game.

43. That the infrastructure for the purpose of the residence of the children

is not adequate. All the 17 boys are kept in a single room which

makes it a suffocating affair. Same is the case with girls, 9 girls are

kept in a single room. Wooden cots were not in sufficient numbers.

Improper ventilation facilities make it stuffy and in hygienic

conditions add on to it. The place was also very congested such that

children were not even having space to run, play and perform other

personality development activities.

44. That all the children are grouped together for the purpose of providing

daily needs. Children requiring special care, such as mentally and

physically challenged children, are denied those and this leads to their

accelerated deterioration of their physical and mental health,

consequently becoming a threat to the development of other children.

Resultantly no special education and medical treatment is provided to

them. Even the children who are detected with HIV+ virus are not

segregated according to their special needs and are kept together.

45. That the Team was informed that the children perform their own tasks

like washing clothes, toilets, rooms and other daily tasks. They are

even made to sweep the floors. There was one washing machine and

one refrigerator which were not functioning properly. There was no

water cooler for cold drinking water.

46. That the children kept in the home are facing harsh attitude of the

authorities. They are severely beaten by the authorities, as told by

them to the Fact Finding Team.

47. That the caretakers of the Bal Shishu Graha told the Petitioners that

they are 35 children are presently there but when the fact finding team

counted the number of children, they are only 26 and two were

admitted in Children Hospital and there were two rooms having no

ventilation and in every room there were wooden cots and the children

told to the Team that in one cot, more then 4 children are forced to

sleep.

48. That the children were terrified by the treatment meted out to them by

the staff and reported instances of frequent beating. Due to the

presence of the staff nearby, they were reluctant to speak to the team

as they might be flogged later on due to the divulgence of

information.

49. That with respect to food, the children reported that almost the same

menu is there for every day, the quality of the food is degraded and

hence the children suffer from malnutrition. According to the

supervisor, sufficient funds are allocated for meeting dietary

necessities but sadly and evidently, they are not properly utilized.

The team also found that the food grains kept there were infested with

insects.

50. That a clear-cut violation of Article 21A of Fundamental Right to free

and compulsory education is there, the children are not facilitated with

proper educational facilities. According to a child a sometimes a

teacher comes at her own sweet will to teach the children some

rhymes and alphabets and that is it. No child is catered to according to

his/her special needs, so much so that even the mentally challenged

children who require a different approach w.r.t. methods of teaching

are not provided so and are dealt with indifferently.

51. That there are no recreational facilities within the close reach of the

children. The building being situated in a congested area, has no

playground or open space for the children to play and run around.

Some toys and bicycles are there but they are permanently kept locked

up in the storeroom without the reach of the children. The television

sets are dysfunctional and no other recreational activities such as

music, dance, painting etc. are promoted here.

52. That the Fact Finding Team found that all the toys, books, bicycles

were lying locked in the storeroom and the children had no access to it

and they cannot even touch it. The authorities take the plea that the

children may escape if they are allowed outdoor activities or game.

53. That the Fact Finding Team found that the children were terrified by

the treatment meted out to them by the staff and reported instances of

frequent beating. Due to the presence of the staff nearby, they were

reluctant to speak to the team as they might be flogged later on due to

the divulgence of information.

54. That the Fact Finding Team found that the according to the



55. That the Fact Finding Team found requisite attention is paid to the

personal health and hygiene of the children. There appearance made it

apparent that they wanted in proper toiletries and their use. There are

no proper sanitation facilities as is clear by the condition of the

washrooms. The heads of the children have been shaved so that the

staff can do away with the expenses of hair-oil and other hair-care

facilities.

56. That the Fact Finding Team found the rooms are unclean and stink

badly. There is no proper ventilation and this makes it a suffocating

plight for the children. Altogether the condition inside the children's

home present an appalling sight and a straightaway infringement of

Article 21 of the Constitution of India.

57. That in view of the facts and circumstances stated above, it is

expedient in the interest of justice that this Hon'ble Court may be

pleased to appoint a Commission to give a detailed report of the

conditions of the Bal Shishu Graha at Khuldabad and submit its report

before the Hon'ble Court and further direct the Respondent No. 3 & 4

to provide the clothing, food and medical facilities to the inmates of

the Bal Shishu Graha, Shivkuti, Allahabad immediately.

58. That the Petitioners have no any other efficacious alternative remedy

except to approach this Hon’ble Court under Article 226 of the

Constitution of India.

59. That the Petitioners are filing the instant (PIL) writ petition inter-alia

on the following amongst other grounds :-

G R O U N D S

(i) BECAUSE, there is the Constitutional provisions for the safeguards

of the children, a separate complete exhaustive Act and Rules and

various orders of the Hon'ble Court to improve the condition of the

Shishu Graha at Shivkuti, situation was much worse.

(ii) BECAUSE, the fact finding team found that the provisions given in

the Schedule-II of the Juvenile Justice (Care and Protection of

Children) Rules, 2007 was not adopted and implemented by the

authorities of the Bal Shishu Graha.

(iii) BECAUSE, the fact finding team found that all the facilities given in

the Schedule-II of Juvenile Justice (Care and Protection of Children)

Rules, 2007 was not provided to the children living in the Bal Shishu

Graha.

(iv) BECAUSE, the free and compulsory education has been the part of

the fundamental right for the children upto 6-14 years, but no effort

has been made by the authorities to enroll the children in any

neighbouring school or write to the Basic Education Officers of the

Allahabad to arrange the teachers for informal/formal teaching under

the Sarv Shiksha Abhiyan in the children's home campus.

(v) BECAUSE, the children were terrified by the treatment meted out to

them by the staff and reported instances of frequent beating. Due to

the presence of the staff nearby, they were reluctant to speak to the

team as they might be flogged later on due to the divulgence of

information.

(vi) BECAUSE, a clear-cut violation of Article 21A of Fundamental Right

to free and compulsory education is there, the children are not

facilitated with proper educational facilities. According to a child a

sometimes a teacher comes at her own sweet will to teach the children

some rhymes and alphabets and that is it. No child is catered to

according to his/her special needs, so much so that even the mentally

challenged children who require a different approach w.r.t. methods of

teaching are not provided so and are dealt with indifferently.

(vii) BECAUSE, there are no recreational facilities within the close reach

of the children. The building being situated in a congested area, has no

playground or open space for the children to play and run around.

Some toys and bicycles are there but they are permanently kept locked

up in the storeroom without the reach of the children. The television

sets are dysfunctional and no other recreational activities such as

music, dance, painting etc. are promoted here.

(viii) BECAUSE, the Fact Finding Team found that the according to the



(ix) BECAUSE, the Fact Finding Team found the rooms are unclean and

stink badly. There is no proper ventilation and this makes it a

suffocating plight for the children. Altogether the condition inside the

children's home present an appalling sight and a straightaway

infringement of Article 21 of the Constitution of India.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble Court may

graciously be pleased to :-

i) issue a writ, order or direction in the nature of Mandamus

commanding/directing the Respondents No. 3 & 4 to

effectively implement the facilities contain in Schedule II & III

provided under the Juvenile Justice (Care and Protection of

Children) Rules, 2007.

ii) issue a writ, order or direction in the nature of Mandamus

commanding/directing the Respondents No. 3 & 4 to provide

the day to day service of the doctor and teacher in the Bal

Shishu Graha, Shivkuti, Allahabad.

iii) issue a writ, order or direction in the nature of Mandamus

commanding/directing the Respondents No. 1, 2 & 3 to shift

the Shishu Graha from Shivkuti to any other place.

iv) issue such other writ, order or directions as this Hon'ble Court

may deem fit and proper having regard to the facts and

circumstances of the case; AND

v) to award cost of the Petition to the Petitioners.




ALL IN-PERSON

Dated : June, 2013 Mob.: 8005333039.


*****

A F F I D A V I T

IN




Versus


Affidavit of Juhi Matani, Aged

about ….years, Daughter of Shri

Kanhaiya Matani, IInd Semester,

Amity University, Lucknow, Resident

of 3018, Anant Vihar, 1, Lohiya

Marg, Civil Lines, Allahabad. Hindu

by Religion, Occupation : Student.

(Deponent)

I, the deponent above named, do hereby solemnly affirm

and state on oath as under :

1. That the deponent is the Petitioner No. 2 in the above noted

Writ Petition and also she is well conversant with the facts

deposed to below.

I, the deponent above named, do hereby swear and

declare that the contents of paragraph No. 1 of this Affidavit

and those contents of paragraphs No.

of the accompanying Writ Petition are true to my personal

knowledge; those of paragraph Nos.

of the accompanying Writ Petition are based on the record of

the case; those of paragraph Nos.

of the accompanying Writ Petition are based on the information

received from

and those of paragraph Nos.

of the accompanying Writ Petition are based on legal advice,

which all I believe to be true and correct, no part of it is false

and nothing material has been concealed in it.

So help me God.

---------------------------

(Deponent)

Solemnly affirmed before me on this ____ day of June,

2013 at about _____ a.m./p.m. by the deponent who has been

identified by the aforesaid person.

I have satisfied myself by examining the deponent that

she understands the contents of this Affidavit fully well, which

has been read over and explained to her.

---------------------------

(Oath Commissioner)


*****

ANNEXURE NO.- ( 2 )

IN




Versus


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Documents

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Tiwari-PIL...IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** LIST OF RELEVANT DATES & EVENTS IN CIVIL MISC. PUBLIC INTEREST LITIGATION