REPORTABLE

       IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

W  RIT PETITION (CIVIL  ) N  O  .   659 of 2007

Environment and Consumer Protection Foundation                           ….Petitioner

versus

Union of India & Ors.                                 …Respondents  WITH

               WRIT PETITION (CIVIL) NO. 168 of 2012

AND

WRIT PETITION (CIVIL) NO. 133 of 2012

J U D G M E N T    

Madan B. Lokur, J.

1. These petitions were filed and taken up in public interest are intended

to bring back some sunshine in the lives of the widows in Vrindavan and in

ashrams elsewhere in the country. It is a pity that these widows have been so

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 1 of 20

unfortunately dealt with, as if they have ceased to be entitled to live a life of

dignity and as if they are not entitled to the protection of Article 21 of the

Constitution.     

2. The petitioner, Environment and Consumer Protection Foundation  is

a registered charitable society and a non-political body. It  filed a petition

under  Article  32  of  the  Constitution  essentially  for  an  appropriate  writ

requiring the Union of India and the State of Uttar Pradesh to take all steps

to rehabilitate the widows of Vrindavan so as to bring them to a stage where

they can live with dignity.

3. The petition was filed on the basis of an article ‘White Shadows of

Vrindavan’ written by Atul Sethi and published in the New Delhi edition of

the Times of India of 25th March, 2007. The apparent intention of the article

was  to  report  and  bring to  the  notice  of  the  public  and the  government

agencies  the  pathetic  and  shocking  conditions  of  the  widows  living  in

Vrindavan  -  begging  in  temples  and  then  huddling  together  in  hovels.

Broadly  speaking,  the  article  described  the  city  of  Vrindavan  in  which

abandoned widows live a hand to mouth existence like white shadows thus

giving the city another name that is the City of Widows. According to the

author  no  one  knows  since  when  these  widows  have  been  coming  to

Vrindavan but most of them are from West Bengal and their life stories often

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 2 of 20

follow a similar pattern which is the death of the husband, relatives leaving

them in Vrindavan, days spent singing prayers and begging at temples where

they live on a day to day basis.  Most widows refuse to go back to their

village or home, even if they are given a chance to do so, saying that now

this is our home.

4. According to the author, the widows congregate in some ashrams or

temples where they sing bhajans and are paid about Rs. 18 per day for about

7 to 8 hours of singing. The rest of their time is spent begging on the streets.

Many of them are too old to look after themselves requiring others to pool in

their resources to look after them. Overall, the article paints a rather tragic

and dismal picture of the living conditions of the widows in Vrindavan.

5. On reading the article, the petitioner addressed a letter to the District

Magistrate  in  Mathura  and brought  to  his  notice  its  contents  and sought

further  information  on  what  was  stated  therein.  A reply  was  sent  to  the

petitioner to the effect that necessary steps were being taken to improve the

living  condition  of  the  widows.  There  was  some  correspondence  in  this

regard for a couple of months but to no real effect. It is this sequence of

events that persuaded the petitioner to file a petition in this Court with the

prayer as aforesaid.

6. This Court took up the petition in public interest and passed certain

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 3 of 20

significant  directions.  For example,  on 14th November, 2008 the National

Commission for Women was directed to prepare a comprehensive report on

the problems faced by the widows. It was also directed that the report should

contain the age groups of the widows, their family background and all other

information relevant for the purposes of this case.

7. On 1st April, 2011 the Ministry of Women and Child Development in

the Government of India was impleaded as one of the respondents and on 9 th

May, 2012 this Court directed that in order to mitigate the miseries of the

widows, a Special Committee should be constituted to undertake an exercise

of identification and enumeration of the destitute in Vrindavan - both those

having shelter and those wandering in the streets without any shelter. The

Committee was required to collect complete data of the widows including

the reason for their shifting to Vrindavan and particulars about their family

and their present source of income.

8. Several other orders were passed from time to time more particularly

from 2015 onwards when the Social Justice Bench was constituted by the

Hon’ble  Chief  Justice of  India. As a result, a very large number of reports

were generated and concerned authorities like the National Commission for

Women, the Ministry of Women and Child Development and the State of

Uttar Pradesh began taking considerable interest in the problems faced by  

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 4 of 20

the widows of Vrindavan. The reports generated from time to time are as

follows:

1. Summary Report (undated) of the Situation Analysis of Widows in Religious Places of West Bengal prepared by Jayaprakash Institute of Social Change DD – 18/4/1, Salt Lake City, Kolkata – 700 064. This is filed in W.P. No.133 of 2012.

2. Status Report (undated) filed  by National Legal Services Authority, Delhi  Legal  Services  Authority  and  by  National  Commission  for Women.

3. Study by the National Commission for Women in 2009-10 on widows in Vrindavan.

4. Minutes  of  the  Meeting  held  on  10th May, 2011 by  the  Secretary Ministry of Women and Child Development.

5. Report  filed  by  National  Legal  Services  Authority  dated  14th July, 2012.  This is filed in W.P. No. 133 of 2012 on 26th July, 2012.

6. A  Report  dated  10th September,  2012  on  Measures  taken  for compliance of  Hon’ble Supreme Court Order dated 03-08-2012 And Few Ground Realities With Some Reforms Immediately Required by Secretary  District  Legal  Service  Authority,  Addl.  Chief  Judicial Magistrate, Mathura.  This is filed in W.P. No.133 of 2012.

7. Plight  of  Foresaken/Forlorn  Women  –  Old  and  Widows  Living  in Vrindavan & Radhakund, Mathura (U.P.) – A Survey Report dated 10th November, 2012 by District Legal Services Authority, Mathura.  This is filed in W.P. No.133 of 2012.

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 5 of 20

8. Report of the Member Secretary, National Legal Services Authority dated  14th January,  2014  filed  in  W.P.  No.  133  of  2012  on  12th September, 2014.

9. Report of the Secretary, District Legal Services Authority at Mathura dated 31st March, 2014.

10.Status Report filed by Ms. Renuka Kumar on 16th April, 2015.

11.Minutes of the Meeting held by the Secretary, Ministry of Women and Child Development on 2nd September, 2015.

12.Status Report filed on 11th March, 2016 on behalf of State of Uttar Pradesh.

13.Report by Ms. Renuka Kumar dated 19th April,  2016 on 17 homes administered by the U.P. Mahila Kalyan Nigam.

 14.Status Report dated 28th April, 2016 by the National Commission for

Women of 28.04.2016 giving some preliminary recommendations.

15.Status report along with budget requirement submitted by Ms. Renuka Kumar on 31st August, 2016.

16.Status  Report  on  widows  in  Swadhar  Homes  in  Uttar  Pradesh, Uttarakhand, West Bengal and Odisha by the National Commission for Women in November, 2016.

17.Report on the medical facilities for widows and destitute women in Vrindavan submitted by Ms. Renuka Kumar on 8th November, 2016.

18. Affidavit in compliance filed by the Ministry of Women and Child Development  on  2nd June,  2017  concerning  order  dated  21st April, 2017.

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 6 of 20

9. With  the  plethora  of  reports  and  material  available  and  with  the

generous assistance given and deep involvement of all learned counsel, we

found it more appropriate to request them to give us agreed directions that  

could  be  issued  to  mitigate  the  discomfort  of  the  widows of  Vrindavan.

Accordingly, the following order was passed on 29th March, 2017:

“Ms.  Aparna  Bhat,  learned  counsel  appearing  for  the  National Commission for Women and Mr. A.K. Panda, learned senior counsel appearing  for  the  Ministry  of  Women  and  Child  Development assisted by Ms. Pushpa Bisht, Deputy Secretary in the Ministry of Women and Child Development say that  it  will  be  appropriate if agreed directions are formulated and issued so that immediate steps are taken to improve the conditions of widows in different parts of the country.

Learned  counsel  for  the  parties  say  that  either  they  or  their representatives will sit together and come out with a list of agreed directions which may be passed by this Court on 6th April, 2017.”

10. Unfortunately, perhaps  due  to  some misunderstanding or  a  lack  of

effective communication,  agreed directions could not be finalized till  18th

July, 2017. On that date the learned Solicitor General handed over an Agreed

Action Plan. The Agreed Action Plan with our comment on some issues is

given in the table below:  

AGREED ACTION PLAN  

Directions  proposed by  the  National Commission  for Women

Action  Plan  of  the  Ministry of  Women  and  Child Development

Our Comment

1. Create  an  interactive data-base  which

The  Ministry  of  Women  and Child  Development  will

The Aadhaar enabled software  will,  of

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 7 of 20

would  provide  access for  homes  to  input information as soon as a  widow  enters  their system.  The database must have a profile of the  widow to  be  able to  understand  her needs [and needs to be updated] as soon as a widow  enters  the system.   The  portal can be created by the government  with access  given  to registered  homes  to provide  their  inputs. The  Government  of India  has  initiated such a programme for the  purposes  of adoption.

develop  appropriate  Aadhaar enabled software for capturing data  concerning  inmates  of Swadhar  Greh within next  six months  and,  if  necessary,  an external  agency  will  be engaged for it.  Access, to the extent  required,  will  be provided  to  different stakeholders  and  the  agency entrusted with the development of the software will be asked to build in adequate safeguards to protect  the  confidentiality  of the information.

course,  be subject  to the pending litigation in this Court.

2. Widows with  families must be identified and their  families must be counseled  for  taking care  of  them  and  in cases  where  required legal  action,  as warranted,  may  be taken.

Family  counseling  centres working  under  Central  Social Welfare  Board  (CSWB)  and State  Social  Welfare  Boards (SSWB)  across  the  country will  be  entrusted  with  the responsibility  of  identifying widows  who  have  families. The progress of the work done will be compiled by the CSWB every month and a report sent to  the  Ministry  every  quarter. The  CSWB  will,  in consultation  with  other stakeholders,  be  asked  to develop a  suitable  module  for counseling  families  within  a period  of  six  months  and, thereafter, review and update it as and when required.

The  follow-up  post counselling should be made  clear  and particularly  in  cases where  the  family does not take care of the widow even after being counselled.

3. NALSA must create a mechanism  to  enable homes to  access  legal aid.

NALSA/DALSA  will  be advised to provide legal aid to the  inmates  of  Swadhar  Greh within  15  days  of  the

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 8 of 20

acceptance of the plan of action by the Hon’ble Supreme Court.

4. Public  sector organizations  must  be encouraged  to contribute  certain percentage  of  their CSR  funds  for  a Widows  Management Fund which would be used  for  developing vocational  trainings for widows.

The  Ministry  of  Women  and Child Development has already taken  up  the  matter  with  the Department  of  Public Enterprises  and  Ministry  of Corporate Affairs.  The matter shall  be  further  pursued  with them.

The  concerned Ministry  should  be advised that the fund is  intended  to  assist and  benefit  destitute widows.

5. The  government  must actively  explore medical insurances for all widows and at least widows  that  are housed in the Swadhar Homes  so  that  good medical  facilities  can be  accessed  by  the widows.

In  all  States  and  Union Territories,  medicines  are provided  free  of  cost  to  the patients  through  the  Common Health  Centres  and  Primary Health  Centres  under  the National Health Mission of the Ministry  of  Health  &  Family Welfare.  It may, therefore, not be  necessary  to  introduce medical  insurance  as  such  a measure  could  take  away  a portion  of  the  income  of widows  and  impoverish  them further.  The Ministry of Health &  Family  Welfare  has  been requested  to  advise  all  State Governments  and  Union Territory  administrations  to ensure  that  access  to  free medicines  is  ensured  to  all those  staying  in  Swadhar Homes.

The  benefit  of  the supply  of  free medicines  should  be made  available  to destitute  women  as well.   Availability of free  medical treatment  needs consideration.

6. Homes must be linked to  existing Government Programmes.   Homes must be encouraged to open more avenues for employing the widows in  the  care  and hospitality sector  than sticking  to  tailoring

The  Ministry  of  Skill Development  and Entrepreneurship  has  been requested to prepare a plan of action  for  development  of skills  of  widows;  and  orphan, destitute  and  marginalized women  through  sectoral  skill development  councils.   They have  also  been  requested  to

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 9 of 20

etc.  which  do  not provide  economically viable  employment  to the widows and hence compels  them to  stay in these homes.

monitor  the  progress  in  this regard at regular intervals.  The Ministry  of  Women  &  Child Development  will  continue  to engage  with  the  Ministry  of Skill  Development  and Entrepreneurship  to  ensure development  of  suitable modules for skill development.

7. Staff  of  Swadhar Home must be trained periodically  and should  be  adequately and  appropriately, compensated financially.  

The National Institute of Public Cooperation  and  Child Development (NIPCCD) under the  Ministry  of  Women  & Child  Development  is  already mandated to provide training to different stakeholders including the  staff  of  Swadhar  Greh. Depending upon training needs assessment,  the  CSWB  can also  be  entrusted  with  this responsibility.   Provision  has been  made  for  imparting induction  training  and subsequent periodic training on regular intervals of time to the staff of Swadhar Greh.

8. Immediate action to be taken  to  improve  the infrastructure  of  the Homes  and  funds  to maintain it.  

In  addition  to  the  Swadhar Greh  Scheme  being implemented  throughout  the country,  the  Ministry  of Women & Child Development has commenced construction of a  new  1000  bedded  Swadhar Greh  at,  Vrindavan,  Distt. Mathura.  It has been designed to be old age friendly and will have dormitories with attached toilet and utility balconies.  The Swadhar  Greh  will  also  have facility for physiotherapy, open theatre,  vocational  training, solar  PV, solar  water  heating system, multipurpose hall,  etc. The  expected  date  of completion  of  this  Swadhar Greh is January, 2018.

State  Governments should be encouraged to  adopt  the  model planned  by  the Ministry.

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 10 of 20

PENSION

1. It  was  found  that  the current  allocation  of pension  was  either inadequate  or non-existent.   The primary  concerns  that arose  out  of  the research  was  that  the pension amounts were not  linked to  the  cost of  living.   There  was no rational calculation for the amounts or the ceiling  in  the  number of  beneficiaries  that the  pension  could  be given to  in  any given State.  Pension should be  based  on  the  Cost of  Living  Index  and hence it  should be on par with the minimum wage  of  an  unskilled worker  with corresponding increase  as  the minimum  wage increases.

The  comparison  between  the amount of pension provided by the  Government  and  the minimum wages payable under various government schemes is not fair.  While, pension is paid as  a  welfare  measure  without any services being rendered by the  beneficiary,  wages  is  the remuneration  for  the  services rendered by the wage earner.  If the two were to be equal, it will be a major disincentive to able bodied person to do any work.

Pension, as a welfare measure  ought  to  be linked  with  the  cost of  living  index  and should  not  be arbitrarily fixed.

STRUCTURE AND FUNCTIONING OF SHELTERS

1. A  Multi-optional model  be  employed for  institutionalized shelters.   The shelters can  be  built  to  cater the requirement of the user on the basis of a corresponding user-fee for  an  overnight shelter,  a  day  shelter

User-fees  can  be  paid  by  a person  who  is  earning. Swadhar  scheme  caters  to women who are in the abyss of poverty  and  payment  of  any user-fee  by  them  would  be beyond  their  means. [However,  working  women hostels  will  be  encouraged  to be established by the States and

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 11 of 20

or a fulltime shelter. Union Territories.] 2. Direct  the  integration

of  Swadhar  Homes, short  stay  homes  and other  similarly placed facility  homes  to facilitate  a  smoother implementation of the policies  directed  for widow rehabilitation.

The  two  schemes  Swadhar Homes and Short Stay Homes of  the  Ministry  of  Women  & Child  Development  have already  been  merged  into  the new  scheme  namely  Swadhar Greh  w.e.f.  01.01.2016.   This scheme is implemented by the State  Government/UT Administration  with  funding from Govt. of India.  

Social  audits  should be  conducted  with regard  to implementation  of the schemes.

3. Enhance  the  ceiling limit of three years on the women staying in Swadhar  Homes  in order  to  effectively stabilize  the  lives  of the inmates.

The proposal for enhancing the limit  for  staying  in  Swadhar Greh  for  women  beneficiaries above 55 years of age is under consideration  of  the Government and a decision in this  regard  will  be  taken shortly.

4. Structural  integration of old age homes into shelters;  To this  end, medical assessment of Women  between  the age of 60 to 65 years of  age  in  the  shelters be  conducted  on  the basis  of  which  the women  can  continue to  reside  in  the shelters.

The Ministry of Social  Justice and  Empowerment  has  been requested  to  accommodate widows from Swadhar Greh to Old Age Home on attaining age of  60  years.   The  required medical  facilities  will  be  tied up by agencies concerned with the local CHCs/PHCs.

HEALTH AND NUTRITION

1. To integrate the efforts of  the  Rashtriya Swasthya  Bima Yojana  into  the Swadhar Scheme.

Linkage of homes that house old women with medical  dispensaries is recommended.

As stated above, free medicines are  provided  by  CHCs  and PHCs to all patients under the NHM of the Ministry of Health &  Family  Welfare  and  the Ministry has been requested to advise  all  State  Governments and  Union  Territory administrations  to  ensure  that access  to  free  medicines  is ensured to all those staying in

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 12 of 20

Swadhar Homes. 2. Utilization  of  the

Widow  Pension Scheme for  procuring medical facilities.

Widow  pension  is  paid  to individuals.  In the light of the availability  of  medicines  free of cost, as stated above, it may not  be necessary to  divert  the pension amount for purchase of medicines.

COVERAGE OF LEGAL FEES AND EXPENSES

1. NALSA and  DALSA to allocate appropriate sanctions to cover the legal  expenses  of  the widows  involved  in legal matters,  and the incidental  expenses incurred  for commuting and so on and so forth.

The inmates of Swadhar Greh will  have  access  to  free  legal aid  provided  by NALSA/DALSA  and necessary  advisory  will  be issued in this regard.

VOCATIONAL TRAINING

1. Mandatory  and organized  vocational training of the women in  the  shelters  to impart  skill  sets necessary  for  an ordinary  life  and  to enable them to earn a dignified livelihood.

As  stated  above,  the  Ministry of  Skill  Development  and Entrepreneurship  has  been requested to prepare a plan of action  for  development  of skills  of  widows  and  orphan, destitute  and  marginalized women  through  sectoral  skill development  councils.   They have  also  been  requested  to monitor  the  progress  in  this regard at regular intervals.  The Ministry  of  Women  &  Child Development  will  continue  to engage  with  the  Ministry  of Skill  Development  and Entrepreneurship  to  ensure development  of  suitable modules.

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 13 of 20

GRANT OF SANCTIONS

1. Enhancement  of sanctions  by  the Ministry  to  provide the  concerned agencies  with  a budget  necessary  for the proper functioning of the homes.

Periodic  and  timely release  of  grants  to facilitate  the continuance  and sustenance  of  the homes.

The  financial  norms  of Swadhar  Greh  Scheme  have been revised w.e.f.  01.01.2016 and on further examination, the Department of Expenditure has opined that these are adequate for the time being.

The norms should be reviewed  every  six months.

PERIODIC REVIEW OF THE HOMES

1. That  the  National Commission  for Women be directed to conduct  a  review  to study  the  existing status  of  widows  in the  homes  in  our country  in  the  near future.

The  National  Commission  for Women  may  take  appropriate action for taking the proposed review  to  study  the  existing status of widows in homes.

2. To this end, grants be sanctioned  by  the Rural  Ministry, Ministry  of  Social Justice  and Empowerment and the Ministry  of  Women and  Children  for  the survey  to  be conducted  by  the NCW.  

National  Commission  for Women  may  carry  out  their study out of the existing funds available  with  them. Additional  funds  if  sought  by them will  be  made  subject  to availability of funds.

The  Ministry  ought not to be stingy with funds – especially for a good cause.

3. Mandate  a  periodic review  of  the  homes every five years at the State  and  District Level  to  conduct periodic inspections of

The Swadhar Greh Scheme has an  inbuilt  monitoring mechanism.  The monitoring of Homes is undertaken through a three  tiered  structure  viz. District Level, State Level and

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 14 of 20

the  homes  to  ensure the  proper implementation of the schemes  and  the functioning  of  the homes and the records monitored by the DPO (District  Project Officer).  

Annually  for  3  years and  then  every  3 years.

the  Central  Level.   Swadhar Greh  will  be  sanctioned initially  for  a  period  of  five years.  After implementation of the  scheme  for  5  years,  the Project Sanctioning Committee shall  decide  on  its  further continuance  or  otherwise depending  on  its  performance and need.

CREATION OF AWARENESS

1. To engage at rural and district  levels  to spread  awareness  of the  existence  of  the schemes  akin  to swadhar homes and to impart  knowledge  of the  rights  exercisable by  the  women  in similarly  placed situations.

The Swadhar  Greh Scheme is being implemented by the State Governments.  The States/UTs will  generate  awareness  about Swadhar Greh and disseminate information  about  Swadhar Greh  through  various  modes. As  a  part  of  the  scheme, guidelines  have  already  been issued  by  the  Ministry  of Women & Child Development.

11. It  is also our opinion that the effort  put in by all  concerned in the

reports that we have adverted to above should not go waste – it must be

gainfully utilized, being in a sense a gold mine of pragmatic and workable

suggestions.  Accordingly, we constitute a Committee to study all the reports

filed in this Court and provide us with a common working plan (based on the

suggestions in the reports) within a period of two months and in any case on

or  before  30th November,  2017.  The  Committee  shall  consist  of  the

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 15 of 20

following  (the  first  two  suggested  by  the  learned  Solicitor  General  on

instructions from the Ministry of Women and Child Development and the

third by learned counsel for the National Commission for Women):

1. Ms. Suneeta Dhar of NGO Jagori,

2. Ms. Meera Khanna of Guild for Service  

3. Ms. Abha Singhal Joshi, Lawyer and activist

4. A nominee of HelpAge India, an NGO that has rendered valuable assistance in this case,

5. A nominee  of  Sulabh  International,  an  NGO that  has  rendered valuable assistance in this case,

6. Ms. Aparajita Singh, a lawyer practising in this Court to provide any assistance on legal issues.

12. One of the issues adverted to during the hearing of the petitions, but

not  mentioned  in  any  of  the  reports,  is  the  need  to  encourage  widow

remarriage. This is a subject of hope that might enable our society to give up

the stereotype view of widows. We request the Committee to consider this

during its deliberations.      

13. We request the National Commission for Women, in public interest, to

assist in providing some working space to the Committee. We propose to

adequately  remunerate  the  Committee  with  an  honorarium  that  will  be

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 16 of 20

decided when the matter is next heard. The Registry will ensure that all the

reports are made available to the members of the Committee.

14. Why are the Action Plan and these directions necessary? We seem to

be forgetting the power of Public Interest Litigation and therefore need to

remind  ourselves,  from time  to  time,  of  its  efficacy  in  providing  social

justice. Many years ago, this Court noted in People’s Union for Democratic

Rights v. Union of India1 that  

“Public  interest  litigation  is  brought  before  the  court  not  for  the purpose of enforcing the right of one individual against another as happens  in  the  case  of  ordinary  litigation,  but  it  is  intended  to promote and vindicate public interest which demands that violations of constitutional or legal rights of large numbers of people who are poor,  ignorant  or  in  a  socially  or  economically  disadvantaged position should not go unnoticed and unredressed.  That would be destructive  of  the  rule  of  law  which  forms  one  of  the  essential elements of public interest in any democratic form of Government.”

A little later in the judgment, it was said:  

“Millions  of  persons  belonging  to  the  deprived  and  vulnerable sections of humanity are looking to the courts for improving their life conditions and making basic human rights meaningful for them. They have been crying for justice but their cries have so far been in the wilderness. They have been suffering injustice silently with the patience of a rock, without the strength even to shed any tears.”

15. The advantage of public interest litigation is not only to empower the

economically weaker sections of society but also to empower those suffering

from  social  disabilities  that  may  not  necessarily  of  their  making.  The

1  (1982) 3 SCC 235

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 17 of 20

widows of Vrindavan (and indeed in other ashrams) quite clearly fall in this

category of a socially disadvantaged class of our society.    

16. Placing  empowerment  in  perspective,  this  Court  noted  in  State  of

Uttaranchal v. Balwant  Singh  Chaufal2 that  the  first  phase  of  public

interest litigation concerned itself with primarily with the protection of the

fundamental rights under Article 21 of the Constitution of “the marginalized

groups and sections of the society who because of extreme poverty, illiteracy

and ignorance cannot approach this Court or the High Courts.” We may add

– the socially underprivileged groups. These are the people who have no real

access to justice and in that sense are voiceless, and these are the people who

need to be empowered and whose cause needs to be championed by those

who advocate social justice for the disadvantaged.  

17. This  recognition  formed the  basis  of  the  decision  of  this  Court  in

Delhi Jal Board v. National Campaign for Dignity & Rights of Sewerage

& Allied Workers3 wherein providing succour to the deprived sections of

society was recognized as a “constitutional duty” of this Court. Referring to

several judgments delivered by this Court, it was observed:

“These judgments are a complete answer to the appellant’s objection to  the  maintainability  of  the  writ  petition  filed  by  Respondent  1. What the High Court has done by entertaining the writ petition and issuing directions for protection of the persons employed to do work  

2  (2010) 3 SCC 402 3  (2011) 8 SCC 568

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 18 of 20

relating to sewage operations is part of its obligation to do justice to the disadvantaged and poor sections of the society. We may add that the superior courts will be failing in their constitutional duty if they decline to entertain petitions filed by genuine social groups, NGOs and  social  workers  for  espousing  the  cause  of  those  who  are deprived of the basic rights available to every human being, what to say of fundamental rights guaranteed under the Constitution. It is the duty  of  the  judicial  constituent  of  the  State  like  its  political  and executive constituents to protect the rights of every citizen and every individual and ensure that everyone is able to live with dignity.”

18. There can be little or no doubt at all that widows in some parts of the

country are socially deprived and to an extent ostracized. Perhaps this is the

reason why many of them choose to come to Vrindavan and other ashrams

where, unfortunately, they are not treated with the dignity they deserve. This

is evident from the article that caused this public interest litigation and the

compilation of reports that this litigation has generated. It is to give voice

these hapless widows that it became necessary for this Court to intervene as

a part  of  its  constitutional  duty and for  reasons of social  justice  to issue

appropriate directions. 19. We must  express  our  gratitude  to  the  petitioners,  the  Ministry  of

Women and Child Development and the National Commission for Women

for the efforts put in and particularly to Ms. Renuka Kumar who has been of

great assistance to this Court through her reports.     

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 19 of 20

20. With a view to follow-up on the Agreed Action Plan submitted by the

learned Solicitor General, list these matters on 9th October, 2017.   

……………………………J   (Madan B. Lokur)  

……………………………..J   (Deepak Gupta)  

New Delhi; August 11, 2017

     W.P. (C) Nos. 659 of 2007 etc.                                                        Page 20 of 20