IN THE HIGH COURT OF DELHI AT DELHI EXTRAORDINARY CRIMINAL JURISDICTION WRIT PETITION (CIVIL.) NO. OF 2019 IN THE MATTER OF: RAJEEV KUMAR PETITIONER VERSUS UNION OF INDIA AND ANR. RESPONDENT INDEX S.NO. PARTICULARS PAGE NO. 1. Urgent APPLICATION 1 2. Notice OF Motion 2 3. Certificate / Court Fees 3-4 4. Memo Of Parties 5 5. Synopsis and List Of Dates 6-10 6. Petition Under Article 226 Of The Constitution of India along With Affidavit 7. ANNEXURE P-1 11-24 25-31 Copy of the order of Ld. MM Ajay Nagar Convicting the Petitioner. 8. ANNEXURE P-2 32-54 Copy of the judgement dated 08.08.2018 passed by the Hon ble High court of Delhi. 9. ANNEXURE P-3 55-56 Copy of the list of leprosy patients. 10. ANNEXURE P-4 57-78 Copy Of The Judgement Dated 14.09.2018 Passed By The Hon ble Apex Court. 11. ANNEXURE P-5 79-83 Copy Of The Photographs Of The Leprosy Patients.
12. Application Under Section 151 CPC For Ad Interim Writ/ Order/ Direction alongwith Affidavit. 13 Application Under Section 151 86-88 89-92 CPC For Exemption From Filing Certified Copy Of Orders Being Annexures alongwith Affidavit 14 Vakalatnama 93 THROUGH MANISHA BHANDARI, OMKAR SHRIVASTAV DIVYADEEP CHATURVEDI ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI NEW DELHI PHONE: 9871740506 DATED : 14.01.2019 ENROLLMENT NO.: D/1882/1999
IN THE HIGH COURT OF DELHI AT DELHI EXTRAORDINARY CRIMINAL JURISDICTION WRIT PETITION (CIVIL.) NO. OF 2019 IN THE MATTER OF: RAJEEV KUMAR PETITIONER VERSUS UNION OF INDIA AND ANR. RESPONDENT CERTIFICATE The Petitioner herein is serving the respondent with a colours copy of the photographs THROUGH MANISHA BHANDARI, OMKAR SHRIVASTAV DIVYADEEP CHATURVEDI ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI NEW DELHI PHONE: 9871740506 DATED : 14.01.2019 ENROLLMENT NO.: D/1882/1999
IN THE HIGH COURT OF DELHI AT DELHI EXTRAORDINARY CRIMINAL JURISDICTION WRIT PETITION (CIVIL.) NO. OF 2019 IN THE MATTER OF: RAJEEV KUMAR PETITIONER VERSUS UNION OF INDIA AND ANR. RESPONDENT NOTICE OF MOTION To; 1. UNION OF INDIA THROUGH SECRETARY, MINISTRY SOCIAL WELFARE AND EMPOWERMENT DELHI 2. STATE OF NCT OF DELHI THROUGH SECRETARY, DEPARTMENT OF SOCIAL WELFARE GOVERNMENT OF DELHI Kindly take note that the accompanying Writ Petition is being filed before the Hon ble High Court of Delhi at New Delhi and the same is likely to be listed on. 16.01.2019 or thereafter. A copy of the complete Writ Petition is being supplied to you with this letter THROUGH MANISHA BHANDARI, OMKAR SHRIVASTAV DIVYADEEP CHATURVEDI ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI NEW DELHI PHONE: 9871740506 DATED : 14.01.2019 ENROLLMENT NO.: D/1882/1999
IN THE HIGH COURT OF DELHI AT DELHI Cl. M.A. No. OF 2019 IN WRIT PETITION (C.) No. OF 2019 IN THE MATTER OF: Rajeev Kumar PETITIONER VERSUS Union of India and Anr. RESPONDENT To, The Registrar, High Court of Delhi, At New Delhi. URGENT APPLICATION Sir, Will you kindly please treat the accompanying miscellaneous petition as an urgent one. The ground of urgency is as under: The petition is for grant of parole hence it is an appropriate ground for treating the petition as urgent. THROUGH COUNSELS PETITIONER/PAIROKAR NEW DELHI 9871740506. DATED: 14.01.2019 ENROLLMENT NO.: D/1882/99 MANISHA BHANDARI, MR. OMKAR SHRIVASTAVA, MR. DIVYADEEP CHATURVEDI, ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI PHONE:
IN THE HIGH COURT OF DELHI AT DELHI EXTRAORDINARY CRIMINAL JURISDICTION WRIT PETITION (CIVIL.) NO. OF 2019 MEMO OF PARTIES RAJEEV KUMAR s/o Chaita Paswan, r/o Saana, P.S Bajpatti, District - Sitamani, Bihar. Lodged at Home for Leprosy and T.B. affected patients, Tahirpur, Shahdara, Delhi. Currently on road adjacent to Home for Leprosy and T.B. affected patients, Tahirpur, Shahdara, Delhi PETITIONER VERSUS 3. UNION OF INDIA THROUGH SECRETARY, MINISTRY SOCIAL WELFARE AND EMPOWERMENT DELHI 4. STATE OF NCT OF DELHI THROUGH SECRETARY, DEPARTMENT OF SOCIAL WELFARE GOVERNMENT OF DELHI RESPONDENT PETITIONER/PAIROKAR THROUGH COUNSELS DELHI 9871740506 MANISHA BHANDARI, OMKAR SHRIVASTAVA DIVYADEEP CHATURVEDI ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI PHONE:
DATED :14.01.2019 D/1882/1999 ENROLLMENT NO.:
IN THE HIGH COURT OF DELHI AT DELHI C.M. No. OF 2019 IN WRIT PETITION (CL.) No. OF 2019 IN THE MATTER OF: RAJEEV KUMAR UNION OF INDIA AND ANR. VERSUS PETITIONER RESPONDENTS APPLICATION UNDER SECTION 151 CPC FOR AD INERIM WRIT/ ORDER/ DIRECTION MOST RESPECTFULLY SHOWETH: 1. That the petitioner is filing the present application seeking Ad Interim writ/order/direction in the accompanying Writ petition under Article 226 of the Constitution of India for directing the respondents to make arrangements as an interim measure to ensure continuation of the operation and running of the Home for leprosy and TB affected patients, (located at Tahirpur Shahdara), and accommodating all the leprosy patients till the pendency of the writ petition. 2. That the petitioner alongwith 40 others have been constrained to be on road and back to begging as a means of sustenance and survival post the
decimalisation of begging and have forced to face the winters on road as there is no place to go due to the stigma attached to their disease that is leprosy. Due to acute urgency of the matter the petitioner is before this Hon ble Court seeking indulgence of this Hon ble Court. 3. That the instant application is bona- fide and in the interest of justice and in extreme emergency so that the petitioner and others do not have to face the winters of Delhi shivering on roads PRAYER In view of the aforesaid facts and circumstances, it is most humbly prayed that this Hon ble Court may most graciously be pleased to: 1. Direct the respondents to make arrangement as an Ad interim measure to ensure continuation of the operation of Home for leprosy and TB affected patients, (located at Tahirpur Shahdara) as a Shelter home instead of Jail/correctional home that it used to be earlier till the pendency of the writ petition; 2. Direct the respondents to allow the displaced inmates /leprosy patients to live and provide them shelter /food and medicine till an
alternate arrangement in the form of rehabilitation centre for leprosy patients is made; 3. Pass such further and other orders as this Hon ble Court may deem fit and proper in the facts and circumstances of the present case. PETITIONER/PAIROKAR THROUGH COUNSELS MANISHA BHANDARI, OMKAR SHRIVASTAVA DIVYADEEP CHATURVEDI ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI NEW DELHI PHONE: 9871740506 DATED : 14.01.2019 D/1882/1999 ENROLLMENT NO.:
IN THE HIGH COURT OF DELHI AT DELHI EXTRAORDINARY CRIMINAL JURISDICTION WRIT PETITION (CIVIL.) NO. OF 2019 IN THE MATTER OF: RAJEEV KUMAR PETITIONER VERSUS UNION OF INDIA AND ANR. RESPONDENT INDEX S.NO. PARTICULARS PAGE NO. 1. URGENT APPLICATION 2. MEMO OF PARTIES 3. COURT FEES 4. SYNOPSIS AND LIST OF DATES 5. PETITION UNDER ARTICLE 226 OF THE CONSITUTION 6. ANNEXURE P-1 COPY OF THE ORDER OF LD. MM AJAY NAGAR CONVICTING THE PETITIONER. 7. ANNEXURE P-2 COPY OF THE JUDGEMENT DATED 08.08.2018 PASSED BY THE HON BLE HIGH COURT OF DELHI. 8. ANNEXURE P-3 COPY OF THE LIST OF LEPROSY PATIENTS. 9. ANNEXURE P-4 COPY OF THE JUDGEMENT DATED 14.09.2018 PASSED BY THE HON BLE APEX COURT. 10. ANNEXURE P-5 COPY OF THE PHOTOGRAPHS OF THE LEPROSY PATIENTS.
11. APPLICATION FOR AD INTERIM WRIT/ORDER/DIRECTION 12. VAKALATNAMA MANISHA BHANDARI, OMKAR SHRIVASTAV DIVYADEEP CHATURVEDI ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI NEW DELHI PHONE: 9871740506 DATED : 14.01.2019 ENROLLMENT NO.: D/1882/1999
SYNOPSIS AND LIST OF DATES That the present Writ petition has filed seeking indulgence of this Hon ble Court for bringing to light the pain and sufferings of leprosy patients who have been languishing on road in the extreme winters of Delhi after being released from Home for Leprosy and T.B. affected patients (HLTB), Tahirpur, Shahdara, Delhi(Jail for leprosy beggars) due to the decriminalising of the begging (the Bombay Prevention of Begging Act 1959 was extended to the Union Territory of Delhi(Now the NCT of Delhi) by way of the Historic Judgement of this Hon ble Court. Leprosy is one of the oldest diseases, known to mankind. There is a lot of fear associated with leprosy and support and encouragement is the prime requirement for the people afflicted by the said disease to lead a life of equality and dignity. Unfortunately, most of the beggars who have been patients of leprosy have a distinct case as compared to those beggars who have any other disease because there is no stigma attached to the disease. These people who do not have any place to fall back upon are back to roads and have to resort to begging as they do not have a family to bank upon and they are also not taken at normal shelter homes because of their disease. There is an increasing awareness on the social and economic implications of the leprosy diagnosis and a concern to address the broader impact of the disease. The task of removing public fear and at the same time maintaining public concern and interest may be difficult but not impossible. Efforts to create a broad
interest in the social problems of leprosy afflicted are beginning to yield good results. People are accepting patients in their community who can live in their own homes in the natural environment. Patients who are successfully rehabilitated and are leading normal family life should be taken as examples and this will give authenticity to the rehabilitation programme and will have the right effect too. LIST OF DATES Date Particulars 2006 That the petitioner is a patient of leprosy aged about 25. He was diagnosed with leprosy in the year 2006 when he was about 14 approximately. His family and relatives abandoned him and the neighbouring society ostracized him, consequently he landed up in Delhi in 2010 started begging for survival. The Petitioner is currently living on the road adjoining Home for Leprosy and T.B. affected patients (HLTB), Tahirpur, Shahdara, Delhi, earlier where he was undergoing his incarceration for being convicted for begging by the concerned court. The Petitioner is accompanied by several other leprosy patients who are also forced to live on road post their release from Home for Leprosy and T.B. affected patients (hereinafter HLTB), Tahirpur, Shahdara. The Petitioner being young in age could still manage and survive being homeless since his day of release from HLTB but was constrained to move the
present writ petition seeing the plight of 40 other older inmates suffering from advanced stage of leprosy back on road fighting for their day to day survival. He was further traumatized and troubled by the fact that there were hundreds more to follow due to the decriminalization of Bombay Prevention of Begging Act 1959 extended to Union Territory of New Delhi, and no place for rehabilitation. 1959-60 Leprosy is one of the oldest diseases, known to mankind. There is a lot of fear associated with leprosy and support and encouragement is the prime requirement for the people afflicted by the said disease to lead a life of equality and dignity. That the Bombay Prevention of Begging Act 1959 was extended to the Union Territory of Delhi (Now the NCT of Delhi) vide G.S.R. No. 638 dated 2.6.1960, published in the Gazette of India, Pt. 11 Section 3(i) dated 11.06.1960. That begging has been an offence since then and ironically the only and basic source of income/sustenance for the patients of leprosy who survive on the alms given to them while begging. That the Delhi Government has framed Delhi prevention of begging rules 1960. The department has set up 11 Certified
Institutions including the reception cum classification centre under the Bombay Prevention of begging Act with a sanctioned strength of 2180. Out of these 11 institutions two such institutions being Home for leprosy and TB affected patients, (located at Tahirpur Shahdara, official capacity 100) and Home for leprosy affected beggars (located Tahirpur Shahdara, official capacity 200) has been used as incarceration centres/jails of the convicted beggars (leprosy affected). This is the place where they are lodged till the period of conviction expires. 2009 That in the year 2009 a writ petition( c ) no. 10498/2009 by one Harsh Mander followed by another in 2015 being 1630/2015 challenging the constitutionality and validity of all sections except Section 11 of the Bombay Prevention of Begging Act 1959 as extended to the Union Territory of Delhi(Now the NCT of Delhi) vide G.S>R. No. 638 dated 2.6.1960on the ground that it violates the Fundamental rights guaranteed under the Articles 14,19,20,21 and 22 of the Constitution of India. Consequentially the inmates are being removed and thrown back to streets for begging and surviving on road as their remains no place for them to live and feed themselves. The result of such a fine step of
decriminalising is that they are shivering on road in the winters and a seen picking up eatables from the left over in the dust bin and nearby areas of the being Home for leprosy and TB affected patients, (located at Tahirpur Shahdara. 2014 That another Writ petition was filed before the Hon ble Apex Court being Writ petition (civil) no. 767/2014 cause title being Pankaj Sinha versus Union of India and others seeking issuance of directions to the Union of India and the states to conduct periodic national survey relating to detection ate of leprosy to conduct regular and sustainable awareness campaigns for the general public to dispel the fear associated with leprosy and encourage the people afflicted by the said disease to lead a life of equality and dignity. 12.10. That the petitioner was convicted for a 2017 period of one year on 12.10.2017 and was to be released a year after. 08.08. That the Hon ble High Court of Delhi in its 2018 historic Judgement decriminalised Sections 4 to 29 excluding 11 of the Bombay Prevention of begging Act 1959 as extended to Delhi as unconstitutional and struck down the abovementioned provisions. 14.09. That the Hon ble Supreme Court decided 2018 the Writ petition no. 767/2014 vide judgement dated 04.09.2018 and issued 15 directions to the Union of India and States where by in direction no xiii and xiv
17.09. 2018 11.10. 2018 ordered that (xiii) The states together with the Union of India should consider formulating and implementing a scheme for providing at least a minimum assistance, preferably on a monthly basis to all leprosy affected persons for rehabilitation and (xiv) The Union and the state Governments must proactively plan and formulate a comprehensive community based rehabilitation scheme which shall cater to all basic facilities and needs of the leprosy affected persons and their families, The scheme shall be aimed at eliminating the stigma that is associated with persons afflicted with leprosy. The stigma attached to the disease is such and also that there is no place for seeking rehabilitation, the patients have resorted to begging and are lying on roads, as they do not have a family to fall back upon. A representation was given to Director HLTB seeking his indulgence and action with regard to rehabilitation of the inmates post their release That the petitioner was released on 11.10.2018 from HLTB after a year of conviction which turned out to be a blessing in disguise as he could stay in a shelter home, was being treated regularly and this resulted in his leprosy being majorly cured. After his release he was back on road and exposed to extreme winters which led to his skin getting sores due to
the cold and his wounds started bleeding again. Sadly, he and others have no place to go and get treated and has resorted to begging all over again for survival. Hence the present Writ petition.
IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY WRIT JURISDICTION WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA W.P. (CRL.) NO. OF 2019 IN THE MATTER OF: Rajeev Kumar, Age 25, s/o Chaita Paswan, r/o Saana, P.S Bajpatti, District - Sitamani, Bihar. Lodged at Home for Leprosy and T.B. affected patients, Tahirpur, Shahdara, Delhi. Currently on road adjacent to Home for Leprosy and T.B. affected patients, Tahirpur, Shahdara, Delhi PETITIONER VERSUS 1. UNION OF INDIA THROUGH SECRETARY, MINISTRY SOCIAL WELFARE AND EMPOWERMENT DELHI 2. STATE OF NCT OF DELHI THROUGH DEPARTMENT OF SOCIAL WELFARE GOVERNMENT OF DELHI RESPOND ENTS WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING ISSUANCE OF APPROPRIATE WRIT / DIRECTION / ORDER / DECLARATION OF THIS HON BLE FOR THE RESPODENTS TO ENSURE ADEQUATE STEPS IN THE FORM OF LEGISLATIONS WITH A VIEW TO ENSURE
APPROPRIATE REHABILITATION AND RESETTLEMENT OF THE LEPROSY PATIENTS WHO HAVE BEEN RENDERED DISPLACED. To, The Hon'ble Chief Justice of India and His Lordship's Companion Justices of the Hon ble High Court of Delhi at New Delhi. The Humble Petition of the Petitioner Abovenamed. MOST RESPECTFULLY SHOWETH: 1. That the petitioner is filing the present writ petition invoking the extra ordinary jurisdiction of this Hon ble Court under Article 226 of the Constitution of India by issuance of a Writ/order/direction. 2. That the petitioner is a patient of leprosy aged about 25. He was diagnosed with leprosy in the year 2006 when he was about 14 approximately. His family and relatives abandoned him and the neighbouring society ostracized him, consequently he landed up in Delhi in 2010 started begging for survival. 3. The Petitioner is currently living on the road adjoining Home for Leprosy and T.B. affected patients (HLTB), Tahirpur, Shahdara, Delhi, earlier where he was undergoing his incarceration for being convicted for begging by the concerned court. The Petitioner is accompanied by several other leprosy patients who are also forced to live on road post their release from Home for Leprosy and T.B. affected patients (hereinafter HLTB), Tahirpur, Shahdara. The Petitioner being young in age could still manage and survive being homeless since his day of release from HLTB but was constrained to move
the present writ petition seeing the plight of 40 other older inmates suffering from advanced stage of leprosy back on road fighting for their day to day survival. He was further traumatized and troubled by the fact that there were hundreds more to follow due to the decriminalization of Bombay Prevention of Begging Act 1959 extended to Union Territory of New Delhi, and no place for rehabilitation. 4. Leprosy is one of the oldest diseases, known to mankind. There is a lot of fear associated with leprosy and support and encouragement is the prime requirement for the people afflicted by the said disease to lead a life of equality and dignity. 5. That the petitioner was convicted for a period of one year on 12.10.2017 and was to be released a year after. Copy of the order of Ld. MM Ajay Nagar convicting the petitioner is annexed and marked as Annexure NO. P-1. 6. That the Bombay Prevention of Begging Act 1959 was extended to the Union Territory of Delhi (Now the NCT of Delhi) vide G.S.R. No. 638 dated 2.6.1960, published in the Gazette of India, Pt. 11 Section 3(i) dated 11.06.1960. 7. That begging has been an offence since then and ironically the only and basic source of income/sustenance for the patients of leprosy who survive on the alms given to them while begging.
8. That the Delhi Government has framed Delhi prevention of begging rules 1960. The department has set up 11 Certified Institutions including the reception cum classification centre under the Bombay Prevention of begging Act with a sanctioned strength of 2180. 9. That Out of these 11 institutions two such institutions being Home for leprosy and TB affected patients, (located at Tahirpur Shahdara, official capacity 100) and Home for leprosy affected beggars (located Tahirpur Shahdara, official capacity 200) has been used as incarceration centres/jails of the convicted beggars (leprosy affected). This is the place here they are lodged till the period of conviction expires. 10. That in the year 2009 a writ petition( c ) no. 10498/2009 by one Harsh Mander followed by another in 2015 being 1630/2015 challenging the constitutionality and validity of all sections except Section 11 of the Bombay Prevention of Begging Act 1959 as extended to the Union Territory of Delhi(Now the NCT of Delhi) vide G.S.R. No. 638 dated 02.06.1960 on the ground that it violates the Fundamental rights guaranteed under the Articles 14,19,20,21 and 22 of the Constitution of India. 11. That another Writ petition was filed before the Hon ble Apex Court being Writ petition (civil) no. 767/2014 cause title being Pankaj Sinha versus Union of India and others seeking issuance of directions to the Union of India and the states to conduct periodic national survey relating to detection ate of leprosy to conduct regular and
sustainable awareness campaigns for the general public to dispel the fear associated with leprosy and encourage the people afflicted by the said disease to lead a life of equality and dignity. 12. That the Hon ble High Court of Delhi in its historic Judgement decriminalised Sections 4 to 29 excluding 11 of the Bombay Prevention of begging Act 1959 as extended to Delhi as unconstitutional and struck down the abovementioned provisions. Copy of the judgement dated 08.08.2018 decriminalising the sections 4 to 10 ad 12 to 29 of the Bombay Prevention of Begging Act 1959 as extended to the Union Territory of Delhi (Now the NCT of Delhi) is annexed and marked as Annexure no. P-2. 13. That the result of such a fine step of decriminalising is that they are shivering on road in the winters and a seen picking up eatables from the left over in the dust bin and nearby areas of the being Home for leprosy and TB affected patients, (located at Tahirpur Shahdara). Consequentially the inmates are being removed and thrown back to streets for begging and surviving on road as their remains no place for them to live and feed themselves. Copy of the list of leprosy patients back on road and begging is annexed and marked as Annexure no. 3. 14. That the Hon ble Supreme Court decided the Writ petition no. 767/2014 vide judgement dated 4.9.2018 and issued 15 directions to the Union of
India and States where by in direction no xiii and xiv ordered that (xiii) The states together with the Union of India should consider formulating and implementing a scheme for providing at least a minimum assistance, preferably on a monthly basis to all leprosy affected persons for rehabilitation and (xiv) The Union and the state Governments must proactively plan and formulate a comprehensive community based rehabilitation scheme which shall cater to all basic facilities and needs of the leprosy affected persons and their families, The scheme shall be aimed at eliminating the stigma that is associated with persons afflicted with leprosy. Copy of the judgement dated 4.9.2018 passed by the Hon ble Apex Court giving directions with regard to treatment of leprosy and its patients is annexed and marked as Annexure no P-4. 15. That unfortunately the stigma attached to the disease is such and also that there is no place for seeking rehabilitation, the patients have resorted to begging and are lying on roads, as they do not have a family to fall back upon. The petitioner alongwith other inmates languishing now on road gave a representation to the Superintendent GLTB for providing them Shelter. Copy of the photographs of the leprosy patients lying on road as on date in front of GLTB is annexed and marked as Annexure P-5
16. The present petition involves, inter alia, the following questions of law: QUESTIONS OF LAW A. Whether Article 21 envisages life with dignity namely shelter food and a healthy life or mere animal existence. B. Whether it is the duty of the state to provide its citizens the right to shelter and a life of dignity and violation of the same would amount to violation of Article 21 of the Constitution of India? C. Whether the policies of the Government and directions of the Hon ble Apex Court would remain on papers and in files or the same would be implemented in letter and spirit? 17. That the Petitioner has preferred the present petition on, inter alia, the following grounds: GROUNDS A. Because, unfortunately the stigma attached to the disease is such and also that there is no place for seeking rehabilitation, the patients have resorted to begging and are lying on roads, as they do not have a family to fall back upon. Most of the leprosy patients are wheelchair bound or in a vegetative state and hence there are no means of work generation, fooding, lodging and above all treatment. Most of them require a change of bandage every single day and in the current scenario once they are removed from HLTB they
have no other place to go except spent their day and night on road. B. Because, the peculiar social connotations of the disease need to be paid adequate attention to, while discussing the rehabilitation of a leprosy affected person. The social stigma and consequential resentment and ostracism often make the lives of leprosy sufferers unbearable. Current leprosy patients require treatment, but you must remember that this is one disease which requires preventive rehabilitation. This being the enormity of the disease, here we have more than 450 inmates (leprosy patients) either on road or at the verge of being on road because they do not have a place to be, post the judgement dated 08.08.2018. Hence, they do need to have a roof in order to live a life of dignity where their fundamental right of living with dignity is not violated. C. Because, the basic concept behind rehabilitation is that the person affected with leprosy should be restored back to normal social life or as near as possible. Rehabilitation means restoration of economic productivity leading to economic independence in case of leprosy patient, economic productivity would mean nothing except begging. One can understand the pure and pious the judgement dated 08.08.2018 decriminalizing begging and should be applauded but somewhere in between the fact that beggar who is a patient of leprosy and a beggar who is orthopedically handicapped/blind/deaf are two different
scenarios. There is a possibility of a child beggar/handicapped/blind/deaf person earlier begging and being penalised, being restored with their families, but this is not the case when it comes to a leprosy patient. This is due to the stigma attached to the disease and therefore it is one of the essential requirements in socioeconomic rehabilitation and that is to create a suitable condition in the community for social acceptance of leprosy affected and cured persons. In the current scenario rehabilitation seems a farfetched dream as today we do not even have a plan of a shelter home in order to save them from the chilling winters of Delhi post their release. D. Because, the Hon ble Supreme Court decided the Writ petition no. 767/2014 vide judgement dated 4.9.2018 and issued 15 directions to the Union of India and States where by in direction no xiii and xiv ordered that (xiii) The states together with the Union of India should consider formulating and implementing a scheme for providing at least a minimum assistance, preferably on a monthly basis to all leprosy affected persons for rehabilitation and (xiv) The Union and the state Governments must proactively plan and formulate a comprehensive community based rehabilitation scheme which shall cater to all basic facilities and needs of the leprosy affected persons and their families, The scheme shall be aimed at eliminating the stigma that is associated with persons afflicted with leprosy. The emphasis of this judgement has been on spreading awareness and rehabilitation and therefore the present petition
seeks the indulgence of this Hon ble Court to bridge the gap which has been created due to the leprosy inmates being back on road, begging for their sustenance leading to rehabilitation. E. Because, the problem of survival of a leprosy patient does not end with decriminalizing of the act but actually has commenced with it. Earlier HLTB was the only place where the leprosy patients could be treated, provided food and shelter. As a consequence of decriminalizing of begging the inmates can no longer stay at HLTB which was their only resort and only form of rehabilitation even though it was a prison. F. Because as far as the Government program is concerned, the Ministry of Social Justice and Empowerment is the responsible body for extending rehabilitation services to leprosy affected persons in India. The Ministry should act as pace setter and take the first step for reaching out to the leprosy handicapped persons. G. Because, the rehabilitation service benefits reaching leprosy handicapped is dismal in comparison to rehabilitation benefits provided to other categories under various schemes/provisions of the Ministry and this maybe due to the following reasons. a. Leprosy persons are not aware of the few rehabilitation schemes and centres for deformity care
b. No registration of leprosy cured persons in the handicapped category c. Inadequate awareness with regard to leprosy and non-availability of staff d. Extreme social stigma leading to zero rehabilitation back to families. H. Because the need for rehabilitation of the leprosy beggars is the need of the hour and the same can be done not only to give them shelter but also for the fact that they are the ones ostracised by their families and they are not taken back or welcomed just as the others are. The HLTB provides them not only shelter but also treatment for leprosy. The petitioner entered the jail and was started the treatment which was very effective and now when he is back on road his body cannot sustain the winters a has started getting the skin ulcers back. 18. That the Petitioner craves leave of this Hon ble Court to rely upon additional documents which may not be in his possession and are awaited. The Petitioner undertakes to file such documents before this Hon ble Court as soon as they are in the Petitioner s possession. 19. That the Petitioner has no other equally efficacious remedy available to him save and except moving this Hon ble Court by filing the instant Writ Petition. 20. That the present Petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition. PRAYER
In the light of the aforesaid facts and circumstances of the present petition, it is humbly prayed that this Hon ble Court may graciously be pleased to: a) Issue necessary writ of Mandamus or any other writ/direction/order, Directing the respondent to ensure adequate steps in the form of legislations or any other institutionalised arrangements with a view to ensure appropriate rehabilitation and resettlement of all the leprosy affected patients who have been rendered displaced and virtually on the roads; b) Issue necessary directions to the Government of NCT of Delhi to make budgetary allocation for continuation of the running of Home for leprosy and TB affected patients, (located at Tahirpur Shahdara) as a rehabilitation centre instead of Jail/correction centre post decriminalising of begging. c) pass such other order/orders as this Hon ble Court may deem fit in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL DUTY BOUND EVER PRAY. NEW DELHI DATE: MANISHA BHANDARI OMKAR SHRIVASTAVA DIVYADEEP CHATURVEDI, ADVOCATES OFFICE ADDRESS: 77, POORVI MARG, VASANT VIHAR, NEW DELHI 110057 Mob.: 9818390452
IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY WRIT JURISDICTION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA W.P. (CRL.) NO. OF 2019 AND IN THE MATTER OF: RAJEEV KUMAR PETITIONER VERSUS UNION OF INDIA AND ANR. RESPONDENT AFFIDAVIT I, Rajeev Kumar, Age 25, s/o Chaita Paswan, r/o Saana, P.S Bajpatti, District - Sitamani, Bihar, Lodged at Home for Leprosy and T.B. affected patients, Tahirpur, Shahdara, Delhi Currently on road adjacent to Home for Leprosy and T.B. affected patients, Tahirpur, Shahdara, Delhi do hereby solemnly affirm and state as under: 1. That I am the petitioner in the petition herein, in the abovementioned matter and am well conversant with the facts and circumstances of the case, hence competent to swear this affidavit. 2. That I have read and understood the contents of accompanying Petition and I state that the averments made therein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. VERIFICATION: DEPONENT Verified at New Delhi on this day of 2017 that the contents of the above affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom. DEPONENT