A bench comprising Justices B.R. Gavai and K.V. Viswanathan instructed states to file affidavits within two weeks outlining available infrastructure. The court also invited Attorney General R. Venkataramani to assist in the case and suggested that authorities could leverage corporate social responsibility (CSR) initiatives.
New Delhi: The Supreme Court on Wednesday (4th Dec) directed state governments to submit details about facilities for homeless persons, particularly in light of the approaching winter season.
A bench comprising Justices B.R. Gavai and K.V. Viswanathan instructed states to file affidavits within two weeks outlining available infrastructure. The court also invited Attorney General R. Venkataramani to assist in the case and suggested that authorities could leverage corporate social responsibility (CSR) initiatives.
The case concerns the right to shelter for homeless individuals in urban areas. During the hearing, a petitioner’s advocate proposed that states present their winter action plans alongside current provisions for homeless shelters.
The bench remarked, “You may incentivize; there must be corporates willing to help,” and scheduled the next hearing in two weeks.
On December 3, the court had asked the Delhi Urban Shelter Improvement Board (DUSIB) for details on shelters in the national capital.
Expressing concern about the approaching winter, the bench emphasized, “We are on the eve of what is going to be a very chilly winter.”
The court required DUSIB to report the capacity of existing shelters and the number of homeless individuals needing accommodations. Additionally, it directed DUSIB to outline any shortfall in resources and explain its plans to address such deficits.
BRIEF FACTS
The case pertains to the right to shelter for homeless people in urban areas. Advocate Prashant Bhushan, representing one of the petitioners, emphasized that the issue was significant and that several orders had been issued by the court.
“What is the total capacity of shelter homes in Delhi?” the bench asked the DUSIB counsel.
He pointed out that the total capacity of shelter homes in Delhi was approximately 17,000, but nine shelter homes had been demolished, displacing around 450 residents, despite a capacity of just 286.
The bench inquired about the overall capacity of shelter homes in the city, to which the DUSIB lawyer confirmed it to be around 17,000. The case at hand specifically related to six temporary shelters destroyed by floods in the Yamuna River in 2023, which had been uninhabited since June 2023.
“Making such wild allegations that he is involved in corruption, he is made an accused,” the bench said, “where do you find it? This seriously affects somebody’s reputation”.
The DUSIB counsel proposed shifting homeless individuals from the area to a permanent shelter at Geeta Colony and claimed there were no deaths attributed to cold conditions during the previous winter.
The court asked the DUSIB to submit an affidavit with information about the available facilities for homeless people, and the matter was scheduled for a hearing on December 17. Bhushan also mentioned an allegation of bribery against a senior DUSIB officer, for which an FIR had been filed.
The bench remarked that such unsubstantiated accusations could harm the officer’s reputation, noting that the individual had not been named as an accused. The bench directed the DUSIB’s counsel to provide further details about the adequacy of the facilities, suggesting the use of reliable data from the past five to six years.
