Shelter For Urban Homeless : Supreme Court Directs North Indian States To File Status Report On Winter Plan

The counsel pointed out that despite the efforts by the top court, a large number of states had either virtually not complied with their orders and the relevant operation guidelines for setting up shelter homes for the houseless or complied only in name. Bhushan explained, “There are two kinds of problems, one being the inadequacy of shelters, and the second, the condition of these shelters. These shelters are maintained in horrible conditions and have become hotbeds for diseases such as tuberculosis, which is why homeless people are reluctant to go there. There are also no separate shelters for single women.” He also drew the attention of the court to the non-payment of arrears to private non-profit organisations to which the maintenance of shelters has been outsourced in some states, such as Delhi. “Despite a contract between the government and the non-governmental organisation, the NGOs have not been paid in years and the outstanding amounts are now in the tune of crores,” Bhushan told the bench.

Bhushan also informed the court that despite all states being directed in October of last year to file status reports, many of them had not filed one and others have submitted reports in which key details were missing. “17 states have not filed the status report, and the affidavits we got from the others are inadequate,” the counsel said, urging the court to direct the states to file brief affidavits containing relevant information with regard to compliance with the ‘Scheme of Shelters for Urban Homeless’ under the National Urban Livelihoods Mission (NULM), which was formulated by the central government pursuant to court orders in 2013. The operational guidelines for the scheme provided the details of the norms and types of shelters and the facilities to be provided at the shelters. “We have specified the information that the states need to provide. They have to essentially give answers to the pointed questions we have asked on the population of the urban homeless, methodology of surveys, the number of urban homeless shelters provided, the total fund allocated and utilised for construction of shelters and their operation and management, pending dues to shelter management agencies, et cetera,” said Bhushan. He further insisted that every North Indian state submit a status report on a ‘winter plan’ and the temporary measures put in place for the urban houseless.

Accepting Bhushan’s contentions, the bench pronounced, “It is hereby directed that the states shall file affidavits containing specific and pointed details with respect to the questions asked by the petitioner in their note. The court is also of the opinion that Uttar Pradesh, Madhya Pradesh, Rajasthan, Haryana, Punjab, Delhi, Jammu and Kashmir, Uttarakhand, Himachal Pradesh, and Bihar should file status reports/affidavits on their winter plan and temporary measures that have been initiated for the urban homeless as well the construction of temporary shelters. The affidavit on the above aspect should be filed within two weeks. List after two weeks.”

A similar exercise was conducted in 2016, when a three-judge bench headed by the then-Chief Justice T.S. Thakur, while hearing these petitions, took note of the fact that the measures adopted in towns and cities were inadequate, even in spite of the availability of funds and a mechanism for its disbursement. Therefore, the court ordered that a committee be constituted under the leadership of retired Delhi High Court judge, Justice Kailash Gambhir to determine, inter alia, the number of available shelters in each state and union territory, whether they were in compliance with the relevant operational guidelines, and the reason for the slow progress in setting up shelter homes, including any non-utilisation or misutilisation of funds disbursed for the purpose. The committee was also directed to issue suitable recommendations to the state governments to ensure the setting up of temporary shelters in urban areas during winter.

Case Title

E.R. Kumar v. Union of India | Writ Petition (Civil) No. 55 of 2003