Gauhati High Court suspends order to take over shelter homes under ‘Mission Shakti’

Staff Reporter

Guwahati: The Gauhati High Court (HC) suspended the impugned order dated February 23, 2024, issued by the state director, Women & Child Development, for taking over the shelter homes run by NGOs on an "as is where is basis".

The HC, however, gave liberty to the central and the state governments to integrate the shelter homes run by the petitioner (NGOs)under "Mission Shakti" in terms of the procedures laid down under the new scheme.

It should be mentioned here that the petitioners are NGOs running shelter homes for women in various districts of Assam under the schemes of Swadhar Greh and Ujjawala formulated by the Union of India. However, certain amendments were made to the said schemes, and it was decided by the Union of India that the schemes would be integrated into Mission Shakti with effect from April 1, 2024.

The petitioners are aggrieved by an order dated February 23, 2024, issued under the signature of the Director, Women & Child Development, Assam, whereby the shelter homes run by the petitioners are sought to be taken over by the state on an "as is where is" basis for the implementation of Mission Shakti. By way of the impugned decision dated February 23, 2024, all the existing "Shakti Sadans" currently being operated by the NGOs will be taken over by the government from April 1, 2024.

The schemes under which the petitioner-NGOs were operating the shelter homes were modified and integrated under the new scheme of Mission Shakti.

The new scheme reflects that the Union of India has taken a decision that proposals for new homes for state and union territories will only be considered for financial assistance, and no funding support for the construction of new homes will be provided. It was further decided that the cost of running homes, such as administrative or management costs, including rental, would be provided.

The HC pointed out that Mission Shakti was notified on August 14, 2022. Thus, it is clear that the Union Government has given ample time to state authorities to integrate the existing homes of the NGOs under Mission Shakti. However, the impugned order was issued only on February 23, 2024.

The court was of the prima facie view that the scheme envisages that the existing homes are required to be integrated with Mission Shakti, and it is not the decision of the union to altogether close them down or take over these homes.

 Another aspect of the matter underscored is that, admittedly, these homes are being run by the NGOs from the rented premises, and in the process, they have also accumulated certain assets. Therefore, in the prima facie view, such homes cannot be straightaway taken over in the manner that has been done by the state, the court ruled.

Accordingly, the impugned order was suspended by the HC till the returnable date after four weeks, with liberty to the Union of India as well as the State Government to integrate the homes run by the petitioners under "Mission Shakti" in terms of the procedure laid down under it.

 Also Read: Gauhati HC Orders Assam Government to Arrange Drinking Water in Shelter Homes (sentinelassam.com)

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