2. विक्रम देव सिंह तोमर बनाम बिहार राज्य ए० आई० आर० 1988 एस० सी० 178 के वाद के तथ्यों एवं निर्णय का वर्णन कीजिए।
Vikram Dev Sing Tomar Vs. State of Bihar,
AIR 1988 SC 178
Vikram dev Singh Tomar ---------
Petitioner
V/s.
State of Bihar --------
Respondent
Reference: AIR 1988 SC
1782
Subject: This case
is based on Article 21 of the Constitution of India.
Facts of the case:
A miserable condition of the women
residing in 'Naari Niketan' has been narrated in a letter on behalf of the Yuva
Adhivakta Kalyan Samiti, Sasaram, Jila Rohtas, Bihar.
-In this petition, it was said that
the women residing in this 'Naari Niketan' are bound to live in an old
building.
-They are provided low quality food,
and they are not given any kind of medical facility.
-The condition of 'Care Home' is
dilapidated (broken down). The floor of the room is broken in which only 25
women can sleep, and the rest women have to sleep in the verandah.
-They are not provided with Woolen
clothes nor any soap nor oil. There is no proper arrangement for drinking
water.
-There is no toilet in this
apartment, in such a condition they must go other places for toilet.
Supreme Court:
The Supreme Court directed the
government of the State of Bihar that it should provide an alternative and
proper building for 'Care Home'.
The Supreme Court said that we have
nothing to do with what time it will take, but this is necessary that the
inhabitants living in this 'Care Home' be shifted to such other building soon
where in there is proper arrangement for living, toilet, bathroom, water,
electricity, clothes, etc.
The Supreme Court directed the
welfare department that it will ensure the compliance of its directives and
appoint a full-time superintendent for it.
Judgment: The Supreme Court, while
giving aforesaid directives to the State Government, the superintendent of the
'Care Home' and District Judge of Patna, disposed of the petition.
Law laid down:
- -The right to
life includes the right of dignified life.
- -A public interest litigation can be filed for the public purpose.
- -The Court can give proper directions against the government departments and public bodies for the fulfilment of the public purpose.
- -The letter can be deemed as petition for public purpose.
Textbook References :
- Textbook on Human Rights Law and Practice by Rashee Jain
- International Law & Human Rights by Dr. H.O. Agarwal
- Human Rights by Michael Freeman
- International Human Rights Law by David Harris
- A philosophical Introduction to Human Rights by Thomas Mertens
- Human Rights Law by Howard Davis
- Human Rights A Very Short Introduction by Andrew Clapham
Comments
Post a Comment