Shelters For Urban Homeless: Supreme Court Seeks Details Of Centre's New Urban Poverty Alleviation Mission

In the PIL seeking adequate shelters for homeless persons, the Supreme Court today asked Union of India to verify statistics relied upon by the petitioners as well as to seek relevant information from all states/Union Territories so that the issue can be considered on a pan-India basis.

Insofar as it was informed that the Union is in process of finalizing a New Mission on Urban Poverty Alleviation, the Court also asked Attorney General R Venkataramani to place on record the various aspects covered by the said scheme and to take instructions as to by what time the scheme is likely to be implemented.

A bench of Justices BR Gavai and AG Masih heard the matter and ordered thus:

"We find it appropriate that the learned AG finds out from the concerned Ministry - whether the Ministry of Home Affairs or the Ministry of Urban Development - as to whether the said figure depicts the correct position and as to whether the said figure is as per the actual data of Union of India. Ld. Attorney further stated that the Union of India is in process of finalizing the Urban Poverty Alleviation Mission which will address all issues regarding poverty, including provision of shelter for urban homeless. We therefore also request ld. AG to verify from Union of India as to within how much time the scheme would be made applicable and also place on record the various aspects that would be covered by the scheme. In the meantime, the ld. Attorney is also requested to take instructions as to whether till implementation of the said scheme, the Union of India would continue the National Urban Livelihood Missions...we would further request the Attorney General of India to impress upon the Union of India to take the relevant information from all the states so that we can consider the issue on a pan-India basis."

The order was passed in the backdrop of a chart handed over in Court by petitioner-ER Kumar (in person), which showed state-wise position with regard to number of homeless persons, number of shelters available, number of homeless persons who can be accommodated in the said shelters and actual number of homeless persons in a state. The Court noted that the last column (on actual number of homeless persons in a state) was stated to be based on data of Union of India. As such, it asked the AG to verify the statistics.

During the hearing, Advocate Prashant Bhushan and petitioner-in-person ER Kumar argued that the government has stopped funding the Urban Shelter scheme in the last few years. As a result, states/UTs are saying they do not have funds and cannot provide shelter, which is translating into the homeless languishing on roads. Highlighting the gravity of the situation, they pointed out that more than 750 homeless persons died this winter due to cold.

AG Venkataramani, on the other hand, contended that the issue is not adversarial. It needs to be addressed, but the situation being a dynamic one, the mechanism with which the issue should be dealt with needs to be addressed. The AG further informed the Court about the Centre's New Mission on Urban Poverty Alleviation, saying that it would take care of a wide range of problems related to poverty, including provision of shelters to the urban homeless. He also stated that as per information with the Centre, states/UTs have fund balances available with them for providing shelters.

Referring to available data, the AG mentioned that as of 4 December, 2024, 2557 shelters were sanctioned by states/UTs, out of which 1995 are functional (with a capacity of 1,16,000 beds). Responding to this, Bhushan claimed that as per actual survey, in Delhi itself, there are 3 lakh homeless persons and as such, the existing shelters are wholly inadequate, besides being in abominable condition. Referring to DUSIB's claim of shelter capacity of 17000, the counsel said that even as per the board, capacity with beds is only 5900.

"So, they have a total capacity, according to DUSIB, of 5900 people with beds...in all the shelters of Delhi put together. Whereas, the homeless population has been estimate to be 3 lakhs. This is the scale of the problem we are seeing!", Bhushan exclaimed.

When the counsel raised the issue of poor conditions in the existing shelters, in an attempt to explain why some homeless persons are not inclined to go to shelters, Justice Gavai remarked, "between a shelter home which is uninhabitable and sleeping on a road, what is more preferable?" The judge also pondered over the effect of freebies on homeless persons, asking whether it would not be better to integrate homeless persons in mainstream society so they can contribute to growth of the nation (instead of providing things for free).

Subsequently, it was pointed out on behalf of petitioners that the state-wise committees constituted by the Court to monitor compliance with its directions are not functioning effectively and their status also needs to be looked into.

Background

Briefly put, this is a case concerning the right to shelter of unhoused persons in urban areas. In October, 2022, the Court had directed all states/UTs to file status reports. Last year, it directed states/UTs of Uttar Pradesh, Madhya Pradesh, Rajasthan, Haryana, Punjab, Delhi, Jammu and Kashmir, Uttarakhand, Himachal Pradesh, and Bihar to furnish their winter plans and the temporary measures initiated for the urban homeless. On this occasion, Advocate Prashant Bhushan (for petitioner) highlighted a two-fold problem: the inadequacy of shelters and the condition of the shelters.

During the hearing on December 3, Bhushan argued that the total capacity of shelters across Delhi is 17000, although it should be more than 2 lakh. He further informed that since the Court's orders in 2022, 9 shelters have been demolished, displacing 450 homeless persons living in them (exceeding the capacity of 286). It was also contended that authorities were restrained from demolishing shelters without permission of the Court, yet 5 more shelters were closed citing dilapidated condition - which further displaced 250 homeless persons.

Subsequently, a counsel pointed out that the problem was not limited to Delhi. He further urged that there are various agencies looking after the shelters, but they are not being paid wages. It was requested that Union of India may be asked to revive the 2013 National Urban Livelihoods Mission scheme (which lapsed in 2018). Hearing him, the bench asked for the assistance of AG Venkataramani and adjourned the hearing.

On December 4, the AG appeared. Justice Gavai pointed to him that the states have amended the relevant scheme and the aspect of funding from central government needs to be looked at. Justice KV Viswanathan, on his part, highlighted that since the lapse of the scheme in 2018, it has not been renewed. In reply to this, the AG said that a new scheme is being proposed. Before parting, the bench also conveyed that assistance can be taken from corporates under the CSR scheme. Ultimately, the Court called for an affidavit from DUSIB, indicating inter-alia the number of persons who could be accommodated in existing shelters and how the Board proposed to address deficits (if any).

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

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