Supreme Court Refuses To Interfere With Delhi HC Directions To Monitor Conditions Of Women Inmates In An Ashram

The Supreme Court, on Monday, dismissed a plea assailing the direction of the Delhi High Court to form a District Judge-led Committee to monitor the condition of women at Adhyatmik Vidyalaya, alleged to have been housed in "animal like" condition. The said spiritual ashram situated in Rohini is led by absconding self-styled godman Virendra Dev Dixit.

Refusing to interfere with the decision of the Delhi High Court, a Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna asked the Counsel for the petitioner-Ashram to raise all contentions before the High Court where the matter is pending as on date.

"The matter is before the High Court, you can argue there. We are not inclined to interfere."

The Counsel appearing on behalf of the Ashram submitted that the institution is following 'a certain spiritual direction' and maintaining a lifestyle which is distinct from other 'worldly institutions'. Therefore the Committees with their own worldly views, he argued, are in essence, causing undue harassment to the petitioner-Ashram.

"We are following a certain spiritual direction, and we are having a different lifestyle from the other worldly institutions. They are imposing on us. Every committee has a different opinion, that is undue harassment on us. They are exercising their whims."

Justice Chandrachud reckoned that the institution functioning in the worldly realm ought to abide by its stipulations -

"You may do what you want to in the spiritual realm, but when you live in the world you have to also comply with the worldly affairs of life. If somebody falls sick and there is a sore throat, you have to go to MBBS qualified doctor; in accountancy problems you have to go to a Chartered Accountant, if your building has a leakage, you have to get it repaired by a certified Engineer."

As the Counsel further argued that there was no mal-administration at the institution and therefore no requirement to set up the concerned Committee, Justice Chandrachud opined that in that case the Ashram should not oppose the constitution of the Committee in the interest of institutional transparency.

"Then you should not resist this. You should be happy. The District Judge is coming, they are not some interloper, like an NGO. The District Judge is being assisted by the former Governor of state. Let there be transparency."

The Counsel assailed the observation of the High Court that the Ashram is functioning in violation of Women's and Children's Institutions (Licensing) Act, 1956. He argued that the Ashram does not even fall under the ambit of the said Statute. It was also pointed out to the Bench that the High Court had not recorded the submissions made by the Ashram's counsel before it.

In the impugned order, the Division Bench of the Delhi High Court had constituted a committee for overseeing the condition of women housed at the petitioner Ashram. It comprised -

1. Concerned District Judge having jurisdiction of the area or his/her nominee holding the rank of ADJ, who shall be the chairperson of the Committee;
2. Deputy Commissioner of Police (Women Cell) having jurisdiction in the area
3. Secretary, District Legal Services Authority;
4. One nominee of Delhi Commission for Women (DCW);
5. District officer of Women and Child Department, who shall be the convenor and shall also act as the Nodal officer.

The Committee was granted access to the institution to inspect the premises and to interact with inmates freely. It was also permitted to take assistance from doctors, psychiatrists and other experts for making assessment of the physical and mental health of the women inmates. For supervision of the functioning of the Committee the Court had appointed Ms. Kiran Bedi, former L.G. of Puducherry. However, it was clarified by the High Court that in the interim the institution would be free to pursue its religious and spiritual activities, provided none of them infringe any Fundamental Rights or other rights of any inmate or any other person.

The "animal like" condition came to the knowledge of the High Court while perusing the report filed by Advocate Nandita Rao, pursuant to its order to conduct inspection of the Ashram on 19.12.2017. As per the report internal cubicles of the toilets at the Ashram were without any doors; only a single door existed for a group of toilets. Apprehension was also expressed by Ms. Rao about the health of inmates, indicating that they may be under the influence of drugs/ narcotic substances. The High Court were also apprised that these women are completely confined behind metal grills with no access to sunlight.

Case Title: Adhyatmik Vishwa Vidhyalya v. Union of India And Ors. SLP (C)No. 9410/2022

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