Asha Kiran shelter home deaths: Delhi HC orders water testing, seeks report from authorities

New Delhi: The Delhi High Court on Monday sought a report from the authorities on the recent death of 14 inmates at the city government-run Asha Kiran shelter home for the mentally challenged, noting that nearly all the deceased suffered from tuberculosis (TB).

Questioning how TB was "rampant" in the shelter home, a bench headed by Acting Chief Justice Manmohan directed the Delhi Jal Board (DJB) to test the quality of water as well as the condition of water and sewer pipelines. It also ordered the social welfare department secretary to visit the premises on August 6. Both the DJB and social welfare department secretary were asked to file their reports to the court.

The court said the large number of deaths cannot be a co-incidence and curative measures should be put in place first and foremost in the shelter home. Fourteen people, including a child, died at the shelter home in the month of July.

"Just too many deaths in a short span of time. Fourteen deaths in just one month. Large number of deaths. It cannot be a coincidence," the bench, also comprising Justice Tushar Rao Gedela, remarked.

"There can't be an outbreak of TB in a shelter home... Today the situation needs to be salvaged. If we can save a few lives, we must do it. What needs to be done immediately is that curative measures need to be put in place first and foremost. We don't want people to suffer in the process," the court added while listing the matter for further hearing on August 7.

The court was hearing a public interest litigation (PIL) seeking constitution of an independent committee headed by a retired high court judge to probe the incident or in the alternative, to refer the matter to the Central Bureau of Investigation (CBI).

Since February, 25 inmates have died at the centre, currently housing 980 "intellectually disabled" persons, including men, women and children, according to official data.

The petitioner's counsel said it was a "very grave matter" involving severe lapses by authorities.

Petitioner 'Samadhan Abhiyan' also sought a direction to the authorities to carry out a "social audit" of all shelter homes.

The Delhi government counsel said out of the 14 deceased, only one was a minor, and "maximum" deaths happened in the hospital where they were being treated.

He claimed the deceased, who were found in "precarious condition" before they were brought to the shelter home, had comorbidities, and a magisterial inquiry into the deaths has already been announced by city minister Atishi.

There is a team of doctors and nurses in the shelter home and the exact details with respect to the deaths would be known after the postmortem reports are received, the counsel added.

"A cursory glance of the summary shows that nearly all the deceased were suffering from TB. DJB is directed to test the quality of water as well as condition of the water and sewer pipelines and file a report before the next date of hearing. The secretary, social welfare department, GNCTD is directed to visit the Asha Kiran complex tomorrow and file a report before this court," the court ordered after hearing the parties.

The court said a criminal investigation and fixing of responsibility were needed but today the situation has to be "salvaged", and asked the authorities to ensure there is clean drinking water in the shelter home and steps are taken to maintain hygiene and decongest it, if required.

"Inquiry can wait, what needs to be done is carry out some curative measures. If there is some problem in the establishment, we must rectify and some curative measures need to be taken," the court said.

On being asked who the in-charge of the shelter home was, the court was told that Rahul Agarwal, a DANICS (Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services) officer, was the administrator.

As the Delhi government counsel informed the court that certain recommendations have been made with respect to overcrowding at the shelter home, the bench remarked it was time for action, and not recommendations.

"This is not a time for recommendation; this is the time for action. Once the minister has visited and she passes an order, it will be done today. There is nothing else required. There is no one over and above the minister," the court said.

Counsel for the DJB assured that the authorities will do "whatever has to be done" in the case.

The court asked the DJB to check for water contamination without waiting for a complaint.

"This matter brooks no delay. Please ensure that the social welfare secretary visits the place and changes that have to be brought about, he must do that," the court said.