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OVERVIEW

A Division bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj heard the Public Interest Litigation (PIL) filed by the People’s Union for Civil Liberties-Karnataka. In the plea was stated the plight of the urban homeless residing in the State, and how the shelters provided by the State are inadequate in sheltering the homeless in the area.  On the 23rd of March, 2021, the bench observed that the inability of State to provide for basic shelter is an infringement of the right to life, conferred to the citizens of India by Article 21 of the Constitution of India. The State Government was also directed to conduct a survey on the number of homeless people and the number of shelters established for them and produce such outcome to the Court for consideration.

“State must be conscious of the fact that its failure to provide basic shelter to urban homeless may amount to violation of Right to Life guaranteed by Article 21 of Constitution of India. If poor homeless in the cities are without shelter, it is a violation of their Right to live a dignified life guaranteed under Article 21 of the Constitution of India,” the Court said. 

BACKGROUND 

In an earlier order dated 05.05.2010, passed by the Supreme Court in the case of PUCL v. Union of India (Writ Petition No. 196/2001), the States had been instructed to conduct a survey in the major cities and submit such report within six months so as to recognise the number of homeless people so that necessary actions could be taken to ensure their basic right of shelter in order for such urban homeless to live a dignified life.

The Supreme Court had also, on an order dated 09.05.2011, instructed the State Governments to set up night shelters if they had not already.

The petitioner, in their appeal had sought orders from the Court to direct the State governments to implement the operational guideline by the Union government with regard to Urban Homeless Shelters as was issued in the year 2014. Such an order was issued on challenging the constitutional validity of a few provisions of the Karnataka Prohibition of Beggary Act, 1975.

The petition had prayed for directions to the State Governments to undertake an audit of the beggary cess so collected and a social audit of the shelters for such homeless. The petition further claimed orders for the implementation of operational guidelines as had been issued on May 29, 2014 with regard to the urban homeless shelters. 

FURTHER DETAILS 

The court observed that on 47 of the total 64 shelters set up by the state government were functional. 

“We direct the State Government to place on record the outcome of this survey of urban homeless in the state. If the survey has been completed necessary details thereof shall be placed on record. If the survey is completed the state will have to take appropriate decisions on the number of shelters required in the entire state,” the bench said. 

After the completion of such survey, the requisite facilities are to be provided to the urban homeless in an attempt to ensure them a life with dignity. 

The Court, in this regard stated "We are dealing with the issue of providing shelters to urban homeless, the second issue with which we are concerned now is making provision for night shelters. State government has filed a statement of objections. The statement of objections is silent on the survey of urban homeless in the state of Karnataka."

The state was directed to file an affidavit in this regard by the 25th of May. 

Mohammed Afeef, who was representing the petitioner reported that the number of functional community centres in Karnataka were around 40, each with a capacity of sheltering 50-60 persons. It is to be noted that the operational guidelines issued by the Central government in this regard makes it mandatory for the centres to accommodate at least 100 persons in each of such shelters. 

The petitioner also reported on the non-compliance with another mandate of the said scheme, that is, the absence of special centres dedicated for children, disabled persons or people belonging to the transgender community.

CONCLUSION

Based on the observation of the non-compliance of the State with the order of the apex Court to submit the report on the number of shelters for the homeless, the High Court stated,“As stated earlier no material is placed on record to show how many night shelters set up in the state and if the same are set up, the details of the facilities there. We direct the state government to place on record all data regarding setting up of night shelter.”

The petitioner was further directed to submit the report of any further survey, to be carried out by it to the Advocate employed by the Government so that the points of concern in such reports could be communicated to the concerned authorities for them to adopt necessary steps in that direction.

This matter is scheduled to be heard on May 26.


WHAT DO YOU THINK ABOUT THE SETTING UP OF SHELTERS FOR THE URBAN HOMELESS ? DO LET US KNOW IN THE COMMENTS BELOW!
 

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