Follow Up Fact-Finding Report: Priya Kale vs. GNCT of Delhi and Ors

Post Date: Wednesday, May 25, 2016

To determine whether the Respondents were complying with the Hon’ble High Court’s orders, issued 1st February 2013 in Priya Kale vs. Government of NCT Delhi and Ors., W.P. (C) 641/2013, a Human Rights Law Network (HRLN) fact-finding team of social activists and the concerned advocate (hereafter “the team”) visited Commercial Complex at Motia Khan (hereafter “Motia Khan”) on 11th and 12th March 2013. The team found that the Respondents had made no efforts to comply with the Hon’ble Court’s interim orders. The team also visited Ram Manohar Lohiya Hospital (hereafter “RML Hospital”) on 11th March 2013 to meet the Petitioner and her injured son, Appi, and to get details of an accident that had occurred on 9th March. The team learned that a road accident took place near the Rajendra Place Roundabout and that the Petitioner’s mother-in-law, Ratna Bai, died in the accident. Additionally, two children, Appi and Sunil, a boy who also lives at Motia Khan, were injured in the accident.

Case Background

On 1st February 2013, the High Court of New Delhi heard opening arguments in the case Priya Kale vs. Government of NCT Delhi and Ors., W.P. (C) 641 of 2013. The case concerns the shocking living conditions at government homeless shelters in Delhi, particularly for pregnant and lactating women. The petitioner, Priya Kale, is a resident of the government run 24X7 family shelter home, Motia Khan, in the industrial Paharganj district in Delhi. On 6th January 2013, Priya’s two month old daughter, Priti, died unexpectedly, most likely due to her and Priya Kale’s lack of access to nutritional and medical health services at Motia Khan and the inadequate protection it offers its residents from Delhi’s harsh winter months.

The Hon’ble Mr. Justice Rajiv Shakdher issued interim orders to the Respondents in the case on 1st February 2013 dictating certain immediate improvements at Motia Khan to prevent any future tragedies like Priya Kale’s. The Hon’ble High Court requested the Department for Women and Child Welfare (DWCW) to submit a report on the conditions at three shelters in Delhi.