Noting that foreigners lodged at a beggar home here were denied legal rights, DCW today asked the government to take up the issue with DSLSA and set up a mechanism to provide free legal aid to women detainees.
In its recommendations to Deputy Chief Minister Manish Sisodia, the Delhi Commission for Women (DCW) said most women detainees at the beggar home in Nirmal Chhaya Complex were unaware of the reasons for their detention, the time period for which they have been detained and were unable to contact their families in their respective countries.
"Most of them were unaware of Indian laws and the legal recourse available to them. Access to a lawyer is the basic fundamental right of even the most hardened criminals," DCW chief Swati Maliwal said in her recommendations to Sisodia who also holds charge of Women and Child Development Department.
The Commission observed that despite the Department of Social Welfare running the foreign detention centre for decades it has not taken steps to collaborate with institutions like Delhi State Legal Services Authority (DSLSA) to provide free legal aid to the detainees.
Highlighting that the detainees were being subjected to "physical check of their private parts" by the staff on their arrival to the home, the Commission recommended procurement of metal scanners on an immediate basis.
"It is extremely unfortunate that instead of installing scanners and relying on technology, this crude archaic practice is being adopted in the beggar home. This practice is not only demeaning for the detainees but may leave a scar on their minds. The same may also be a form of sexual abuse. DCW views this as a serious human rights violation," she said.
It sought immediate steps by the Department to ensure that adequate care is provided to women with special needs like pregnant ladies or those encountering any disability/ disease.
Further noting that there are only two doctors in the entire complex catering to over 1,500 women and children, the Commission recommended that adequate number of senior doctors should be posted there round the clock.
It also observed that while the beggar home is being used as a detention home for foreign nationals from decades, till date there are no standard operating protocols put in place either by the Social Welfare Department or FRRO with regards to its operation.
"Further, it was observed that the home did not assist an
Uzbek national in filing a molestation complaint against an officer of FRRO. Similarly, it received a complaint from a detainee against her traffickers in Delhi who tried to force her into prostitution.
"The Commission is aghast that such serious complaints have not been reported by the beggar home to Delhi Police," Maliwal said.
She recommended that the Department should immediately, in consultation with all stakeholders, develop detailed standard operating procedures to run the home. Proper mechanisms should be instituted to ensure that allegations of cognisable offences, if any made by the detainees, should be immediately reported to the Delhi Police.
The Commission, further demanded strict action against the officers concerned for lapse of duty, citing the home lacked monitoring and was last visited by then Director Social Welfare in March 2015 which indicates apathy on the part of government.
It should be ensured that the Social Welfare Secretary and Director should conduct atleast one surprise inspection in a month to each home run by the Social Welfare department. Also, strict monitoring systems should be institutionalised which should include installation of CCTV cameras.
It further pointed out lack of basic facilities in the home, citing examples of two women, hailing from Uzbekistan and Kenya, who had to live with only one pair of clothes for 22 days and 12 days respectively.
"The women detainees have not been provided mattresses and are made to sleep on hard beds. The Department has stated that there are no provisions for mattresses in their manual. This is unacceptable and steps should be taken to provide mattresses to the women immediately.
"Steps should be taken to ensure that clothes if required are provided to women at the time of their entry into the Home," Maliwal said.
It also recommended appointment of adequate number of cooks and assistants, without any further delay, to end the practice of engaging mentally challenged women for cooking. It also suggested hiring of adequate number of sweepers to maintain hygiene in the home.
