Delhi High Court Issues Notice In Plea Seeking Directions To Provide Food, Shelter & Financial Help To Beggars, Homeless, Slum Dwellers Across Delhi

Delhi High Court has on Monday issued notice in plea filed seeking directions to provide food, shelter, and financial help to the beggars, homeless, slum dwellers across Delhi with immediate effect, as denial of this right by State if contrary to Articles 14,19 and 21 of the Constitution

A division Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice returnable on June 4th 2021.

During the hearing, the petitioner in person Mr Shrikant Prasad submitted before the Court that the present case is totally different from those pending before Supreme Court and the Delhi High Court. In all other pleas, the emphasis has been given on migrant workers and for their welfare. But petitioners 1 and 2 have made ground survey of south east delhi.

"These people are in grave need of food." he added.

'We are issuing notice. We will see' the Bench said.

The present petition has impleaded as respondents NHRC, Centre, Delhi Government, Delhi Police, NCPCR and Delhi commission for protection of children rights, Delhi urban shelter improvement board, Delhi state legal service authority

The petitioners have stated that it is the duty of the government through its public servants to ensure that no individual goes to sleep hungry, in spite of which, the government has repetitively failed to stop hunger deaths and hunger suicides.

The petitioners have stated that the Right to have food is a Fundamental Right under Article 21 of the Constitution of India. They have further cited the Supreme Court's judgement in the case of "Chameli Singh v. State of Uttar Pradesh" where it was observed that "In any organised society, right to live as a human being is not ensured by meeting only the animal needs of man... Right to live guaranteed in any civilised society implies the right to food, water, decent environment education, medical care and shelter. These are basic human rights known to any civilised society."

According to the petitioners, Article 39(a) and Article 47 of the Constitution states that it shall be the duty of the state to direct its policy towards achieving adequate means of livelihood for all citizens and to raise the nutritional level of the people, respectively.

The petitioners have stated that they themselves visited many places and took a ground survey in south east delhi and found that at every red light signal and flyovers the families are living in a drastic conditions in a destitute manner with no relief for getting food or financial . Further. they found that, out of the total 1000 people, not a single person had ration card ,labour card or any beneficiary schemes benefits, and since they don't have home they are unable to get any benefits.

Reliefs Sought: The petitioners including some footpath dwellers ,homeless,slum dwellers and beggars, with the help of two law students Shrikant Prasad and Vineeta Mahamna have approached the High Court seeking several reliefs.

The plea has sought directions to NHRC, Delhi commission for protection of children rights, Delhi urban shelter improvement board, Delhi state legal service authority to conduct an instant detailed survey of no of street dwellers ,homeless ,beggars across delhi and direct Respondent no 3 to form a permanent committee to overlook these people from time to time.

The plea has sought directions for adequate arrangements to be made by creating community kitchens and provide quality food three times a day in hand and proper mechanism for its distribution through delhi state legal service authority and the delhi police personnels .

The plea has prayer for directions to Delhi Government to issue ration card,labour card and financial help of Rs 5000 p/m beneficiary scheme forthwith on priority bases through Delhi state legal service authority as the aggrieved are uneducated and marganalised people .

Further, petitioners have sought directions to NHRC, Centre, Delhi Government, and Delhi urban shelter improvement board to make adequate facilities of shelters through temporary/permanent shelter homes by increasing the number of night shelter for male and female both, and also make proper accommodation arrangement of people who come for treatment at AIIMS hospital and resides on footpaths .

According to the petitioners NHRC, NCPCR and Delhi commission for protection of children rights be directed to for arranging the instant education facilities for the children of roadside dwellers and homeless people, and Delhi Government be directed to provide skilled training to these destitute persons for any work according to their capabilities to help them become self dependant.