The Delhi High Court on Monday sought a report from the authorities on the recent deaths of 14 inmates at the municipality-run Asha Kiran Home for Mentally Disabled Persons, noting that almost all of the deceased were suffering from tuberculosis (TB).
Questioning how TB could become “rampant” in shelter homes, a bench headed by Acting Chief Justice Manmohan directed the Delhi Jal Board (DJB) to test water quality and the condition of water and sewerage pipes. It also ordered the Secretary of the Department of Social Welfare to inspect the premises on August 6.
The court said the large number of deaths could not be a coincidence and that treatment should first be instituted in asylums. In July, 14 people, including a child, died at the shelter.
“Too many people died in a short period of time. Fourteen people died in just one month. A large number of deaths. This cannot be a coincidence,” said judge Tushar Rao Gedela.
“There is no chance of a TB outbreak in a shelter… This situation today needs to be saved. If we can save some lives, we have to do it. The top priority is to get treatment in place first. We don't want people to suffer in the process.”
The court is hearing a public interest litigation (PIL) seeking the setting up of an independent committee headed by a retired high court judge to probe the incident or refer the matter to the Central Bureau of Investigation (CBI).
Official figures show that 25 inmates have died since February at the centre, which currently houses 980 “intellectually disabled” people, including men, women and children.
The petitioner's lawyer said this was a “very serious matter” involving serious failings on the part of the authorities.
The petitioner “Samadhan Abhiyan” has also sought directions from the authorities to conduct a “social audit” of all shelter homes.
Delhi government lawyers said only one of the 14 dead was a minor and “most” of the deaths occurred at the hospital where they were treated.
He claimed that the deceased was found in an “unstable condition” and suffered from comorbidities before being sent to the shelter, and City Minister Atish has announced an authoritative investigation into the death.
The lawyer added that there was a team of doctors and nurses at the shelter and the exact details of the death would be known after receiving the autopsy report.
A cursory look at the abstract shows that almost all of the deceased had tuberculosis. The DJB was asked to test water quality and the condition of water and sewer pipes and submit a report before the next hearing. The court, after hearing both sides, ordered that the secretary of the social welfare department of GNCTD visit the Asha Kiran complex tomorrow and submit a report to the court.
A criminal investigation and accountability were needed, but the situation had to be “salvaged” today, the court said, asking authorities to ensure clean drinking water in shelters and to take measures to maintain hygiene and ease overcrowding.
“The inquiry can wait, and what needs to be done is to take some therapeutic measures. If there is a problem with the institution, we have to rectify it and take some remedial measures.
When asked who is the in-charge of the shelter home, the court was informed that DANICS (Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli (Civil) Services) officer Rahul Agarwal is the in-charge of the shelter.
When Delhi government lawyers informed the court that certain recommendations had been made regarding overcrowding in shelters, the judges said it was time for action, not recommendations.
“Now is not the time to recommend; now is the time to act. Once the minister visits and passes the order, it will be done today. Nothing else is needed. No one can override the minister,” the court said.
DJB's lawyer assured that authorities would take “all necessary measures” in the case.
Court ordered DJB to inspect water contamination without waiting for complaints.
“This matter cannot be delayed. Please ensure that the Social Welfare Secretary visits the place and makes the changes that must be brought about, he must do so,” the court said.
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(This report has not been edited by News18 staff and is published from United News Agency-PTI)
