A critical note on the background and recommendations put forth in the "White Shadows of Vrindavan" case - 2017 (7) SCJ 442.

Profile of the Author:

Bhawna Pawar, student of Dr. B. R. Ambedkar National Law University, Sonipat, pursuing B.A. LL.B (Hons.), 2nd year, having areas of interest in constitutional law, civil law and criminal law.

Environment & Consumer Protection Foundation v. Union of India & Others [1]

The petitions were lodged and taken for the benefit of the community are intended to bring back some sunshine in the lives of the widows in Vrindavan and in ashrams elsewhere in the country. It is so unfortunate that these widows have been treated so badly, as if they have lost their right to a dignified life and may not have the right to be protected by Article 21 of the Constitution. The petitioner, Environment and Consumer Protection Foundation is a registered charitable society and a non-political body. It has applied under Article 32 of the Constitution for appropriate legislation that requires the Union of India and the State of Uttar Pradesh to take all necessary steps to rehabilitate Vrindavan widows and bring them into a state where they can live with dignity. The petition was filed on the basis of an article `White Shadows of Vrindavan' written by Atul Sethi and published in the New Delhi edition of the Times of India on 25th March, 2007. The apparent intention of the article was to report and bring to the notice of the public, society and the government agencies the pathetic and shocking living conditions of the widows in Vrindavan. They have been begging in temples and then huddling together in hovels. To put it bluntly, the article described the city of Vrindavan in which abandoned widows live a hand to mouth existence like white shadows thus giving the city another name that is the City of Widows.

According to the author no one knows since when the widows came to Vrindavan but most of them are from West Bengal and their life stories often follow the same pattern which is the death of a husband, relatives leaving them in Vrindavan, days spent singing prayers and supplications in the temples where they live daily. Most widows refused to return home, even though they were given the opportunity to do so, saying that this was now our home. According to the author, the widows gathered in other ashram or temples where they sang bhajans. They spent the rest of their time begging in the streets. Many of them are too old to take care of themselves and need others to combine their resources to look after them. Overall, the document paints a grim picture of the plight of widows in Vrindavan. On reading the article, the petitioner addressed a letter to the District Magistrate in Mathura and brought to his notice its contents and seeking further information on the content. A reply was sent to the petitioner to the effect that necessary steps were being taken to improve the living condition of the widows. There was some correspondence in this regard for a couple of months but to no real effect. It is this sequence of events that persuaded the petitioner to file a petition in this Court with the prayer as aforesaid. This Court took up the petition in public interest and passed certain significant directions. For example, on 14th November, 2008 the National Commission for Women was directed to prepare a comprehensive report on the problems faced by the widows. It was also directed that the report should include the age of the widows, their family background and all other relevant details in the case.

On April 1, 2011 the Ministry of Women and Children Development in the Government of India was appointed as one of the respondents and on May 9, 2012 the Court ruled that in order to alleviate the suffering of widows, a Special Committee should be formed to identify and determine those in need in Vrindavan - both asylum seekers and those wandering the streets without a place to hide. The Committee was required to collect full details of the widows including the reason for their move to Vrindavan and details about their family and their current source of income. Several other orders were passed from time to time especially from 2015 onwards when the Social Justice Forum was formed by the Chief Justice of India. As a result, numerous reports were made and concerned authorities such as the National Commission for Women, the Ministry of Women and Child Development and the State of Uttar Pradesh began to play a major role in the plight of Vrindavan widows.

Directions proposed by the National Commission for Women Action Plan of the Ministry of Women and Child Development:

1. Create an interactive database that will provide home access to installation details as soon as a widow enters their system. The website should have a widow's profile so that she can understand her needs [and need to be updated] as soon as the widow enters the program. The site can be created by the government by gaining access to registered homes to provide their installation. The Government of India has instituted such a scheme for the purpose of adoption.
2. Widowed families should be identified and their families should be counselled to care for them and in cases where legal action is required, such as authorization. Family counselling centers operating under the Central Social Welfare Board (CSWB) and the State Social Welfare Board (SSWB) nationwide will be tasked with identifying widows with families.
3. NALSA must develop a mechanism that will enable households to access legal aid. NALSA / DALSA will be advised to provide legal aid to Shadhar Greh inmates within 15 days of receiving an application by the Hon'ble High Court.
4. Public sector organizations should be encouraged to contribute a certain percentage of their CSR funds to the Widows Management Fund which will be used to improve skills training for widows. The Department concerned should be informed that this fund is designed to assist and benefit needy widows[2].
5. The government should actively review medical insurance policies for all widows and at least widows living in Swedish houses so that good medical facilities are accessible to widows. The Department of Health and Family Welfare has been requested to advise all State Governments and Union Territory administrators to ensure that access to free medicines is guaranteed for all residents of Swadhar homes. The benefits of providing free medicines should also be made available to needy women. The availability of free medical care needs to be considered.
6. Households should be linked to existing government programs. Households should be encouraged to open up more avenues to employ widows in the care and hospitality sector rather than sticking to repairs etc.
7. Swadhar Home staff should be periodically trained and should be adequately and effectively provided, paid financially.
8. Measures to be taken immediately to improve Home infrastructure and maintenance costs. In addition to the nationwide Swadhar Greh Scheme, the Department of Women and Child Development has started the construction of the new 1000 Swedhar Greh in Vrindavan, Distt. Mathura.

SOME RECOMMENDATIONS

1. Couples should be encouraged to include the woman's name in the title of the land and property of her husband. It is recommended that the widow's name be automatically added to the world records and to the meeting room by the executing authorities, upon the death of her husband.
2. The name of the widow must be mentioned in the death certificate so that she can claim government benefits freely.
3. Regulations need to be enacted to ensure that the deceased's wife is first offered a job at the deceased's government service. There is a need to provide age-appropriate leave for widows to write competitive government exams and Public Service activities.
4. Currently, various national governments provide financial incentives for the children of widows with educational and vocational training opportunities, which are suitable for development in other provinces as well.
5. Awareness must be created in relation to the provisions of the Parent and Senior Citizenship and Welfare Act the relevant authorities.
6. A national remuneration program should be initiated where a widow remarry where a widow is provided with financial assistance by marriage and is a cash beneficiary in lieu of her husband. The minimum age for a widow's remarriage should be 18 but no higher age limit should be set. A man must not be less than 21 years of age, and it may be the first marriage of the husband or a second marriage, depending on his ability to produce documents confirming the death of the first wife or legal separation. There should be no limit to the fact that only widows who do not have children and who are able to lead are entitled to this program, because it is based on the absurd reason that children, if they can benefit, would like to take care of them[3].

[1] Environment & Consumer Protection Foundation v. Union of India & Others, (2017) 916 SCC 780

[2] Widow Welfare, INDIA WOMEN WELFARE FOUNDATION, http://www.womenwelfare.org/Widow%20Welfare.html

[3] National Repository of Information for Women, MINISTRY OF WOMEN AND CHILD, GOVERNMENT OF INDIA, http://www.nari.nic.in/schemes