Furnish Details Regarding The Functioning, Budgetary Allocation, Administration etc. Of Women Protection Homes In The State: Gujarat HC To Govt. [Read Order]

Further, the Bench of Justices Sonia Gokani and Nirzar S. Desai also asked the authorities to furnish details regarding the administration and the guidelines framed for running these homes, Officials obligated for implementation and its evaluating mechanism.

Matter before the Court

In the present matter, the Court was interacting with a minor corpus (having four months of pregnancy) who expressed her wish before the Court that she didn't want to get herself terminated and wishes to continue her pregnancy.

The Court noted,

"She being a minor, although her wish has no bearing, advanced months of pregnancy with no complications, would not permit any direction for termination."

Notably, the Court could notice from its detailed querries that at Women Protection Home, Kutchh, the food, which was being provided to the girls on a daily basis does not much regard any nutritive angle.

From what the Court gathered from the corpus, that neither milk nor ghee nor fruits nor any other nutritive food is included in the diet.

The Court remarked,

"She is a mother to be who would need utmost care and essentially nutritive diet first and foremost along with medical treatment and warmth and care as well. This has been the prevalent condition elsewhere in the women protection home."

Further, the Court directed,

"Let a senior officer deputed by the Principal Secretary, Social Justice and Empowerment Department [for women above 18 years] and Women Child and Development Department [for the girls below 18 years] to let the Court know on oath of the detailed functioning of the Women Protection Homes and the total amount of grant/funds allocated for these homes on yearly basis. Its administration, the guidelines framed for running these homes, Officials obligated for implementation and its evaluating mechanism shall also be made known to the court." (emphasis supplied)

The Court also opined that the corpus who are being housed are all young and many of them join there with the foetus in their wombs or a young child with them. Those who refuse to join their parents or parents or husband refuse shelter are necessarily housed at such Women Protection Home and at this stage the nutrition of their food shall need to be well taken care of.

Further, the Court said, it is found and noticed from many of the matters which have come before this Court that it is sadly lacking and hence, there will be a requirement for the Court to know these details for the purpose of redressal.

Lastly, the Court ordered,

"Let the same be furnished in the form of affidavit bearing in mind that it is not adversarial litigation and it is for the welfare of those girls who are directed to be housed there and for whose benefits, these homes are in existence. If there is a requirement of mending the ways, the same shall be revealed to the Court so that a better environment can be created for these girls in future."

It may be noted that the Gujarat High Court on Wednesday (16^th September) issued a slew of instructions/directions related to education, healthcare and other facilities in Women Shelter/Protection Home, to ADJ of Banaskantha, Robin Mogera, and asked him to implement them in consultation with the Principal District Judge.

The Division Bench of Justice Sonia Gokani and Justice N. V. Anjaria issued these directions while observing that the Corpus before it (13 years and 04 months old girl) does not want to join the parents and insists on staying at Women Protection Home.

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