Supreme Court To Consider Plea Seeking Shelters For Homeless Citizens On November 29

The Supreme Court bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi heard a Public Interest Litigation seeking a mechanism to ensure shelters for homeless citizens on Tuesday.

At the outset, the CJI remarked that there had been considerable improvement in the issue since 2003 and night shelters had been put up at different places across the country. However, petitioner-in-person Advocate ER Kumar insisted that much was left to be desired as there was a vast population of the country which remained homeless and did not have any shelter to live in. To this, the CJI highlighted that at the central level, policies were made and it was the implementation of the schemes which were an issue. He said–

"We aren't being pessimistic but the kind of pressure of population we have today, whatever we do, there will always be an issue. Shelters need to be put up, yes, but rather than us looking at matter, one can understand if there were policy issues, but if there are issues at Tehsil or the Taluk level, wouldn't it be better for High Courts to look at it? As a general thing central government has extended financial assistance. Now this is a matter of execution so why should the High Courts not be given the task? Do we keep interfering at each juncture?"

At this juncture, Advocate Prashant Bhushan intervened and highlighted that the issue of homeless shelters was a national issue. Accordingly, Justice Kailash Gambhir had given a report on the issue and the Supreme Court had appointed monitoring committees in different states. He stated that while there had been considerable improvement, the issue died down when winters approached. He stated–

"Justice Kailash Gambhir had given a report. But now the monitoring committees have become defunct. So we require the States and Union Territories to provide us with some details. These include the ambit of committees, the number of homeless in each State, the allocation of funds, the facilities provided etc. Then the plan for winters is also required. Winter is already approaching. The court had already asked them to make emergency plans for winters. That is what is required."

However, CJI Lalit reiterated that the matter had already been dealt with by the Supreme Court and that once the matter had been dealt with at the top level, it would be easier for the High Courts to deal with the implementation of the matter. Here, Advocate Bhushan submitted that the issue was pertaining to a National livelihood mission and owing to its national nature, it was appropriate for the Supreme Court to deal with the matter as the State committees looking into the matter had long become defunct.

Accordingly, the bench listed the matter for 29th November 2022. CJI Lalit narrated the order which reads as follows:

"On substantive issues the matter was dated by this court in order dated 11.11.2016 wherein various directions were issued. Consequently, a committee headed by Justice Kailash Gambhir, retired judge of the Delhi High Court was constituted. The recommendations by Justice Kailash Gambhir's committee have been placed on record. The matter has come up by 3 years. A note by Mr. Bhushan has been submitted highlighting the issues. As stated in the note, certain questions raised in the penultimate paragraph call for detailed response on behalf of every State and Union Territory. We therefore, direct all States and Union Territories to respond to issues raised. Let response be filed in 3 weeks. Let the responses be compiled by Mr. Bhushan's office. Digital version of compilation of note be shared to all parties. During the course of submissions, a suggestion was given to all counsels that after having laid broad parameters, would it not be better for the issues to be dealt by High Courts. On the other hand, Mr. Prashant Bhushan and Mr. ER Kumar submit that great progress could only be achieved due to intervention by this court and thus the continued intervention would be justified. At this point, we leave this to the concerned bench. List the matter on 29th November 2022."

CASE TITLE: ER Kumar v UOI W.P.(C) No. 55/2003