The Supreme Court termed homeless persons with mental illnesses as “extremely destitute” and “most vulnerable,” granting the Centre a final chance to frame SOPs for rehabilitation. Justices Vikram Nath and Sandeep Mehta adjourned the PIL to February 9 hearing.
NEW DELHI: The Supreme Court referred to homeless individuals with mental illnesses as “destitute to the extreme” and “most vulnerable,” providing the Centre with a final opportunity to establish standard operating procedures for their rehabilitation.
A bench comprised of Justices Vikram Nath and Sandeep Mehta made these observations while rescheduling a public interest litigation (PIL) for February 9. This came after the Centre’s counsel requested additional time to respond to the petition.
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The bench instructed senior advocate Nachiket Joshi, representing the Centre,
“We are giving you a last opportunity to frame the SOPs and file the reply. It is a sensitive issue, and all depends on the effective implementation of the SOPs. These are people who are destitute to the extreme and most vulnerable. Please file the draft SOPs on the next date of hearing,”
Joshi informed the court that Additional Solicitor General Brijender Chahar, who is handling the case, was unwell and unable to submit a response. Advocate Gaurav Bansal, the petitioner, pointed out that this marks the third instance where the Centre has not responded to the PIL, which calls for the development and execution of a policy for the homeless suffering from psychosocial disabilities.
Bansal emphasized,
“This issue concerns homeless individuals who are mentally ill and wander the streets and public areas in search of food. They require rehabilitation,”
The Centre had previously notified the court on December 19 that two draft SOPs are in the works for the rehabilitation of these individuals.
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The Supreme Court had earlier urged the Centre to take the matter “very seriously,” following the government’s assurance that discussions and meetings on the issue were ongoing. Psychosocial disabilities encompass the difficulties faced by people with mental health issues, often stemming from discrimination and a lack of support.
The petition seeks following reliefs :
- Directives for creating and implementing SOPs for essential stakeholders, including law enforcement (police) and medical health departments,
- To ensure compassionate and effective treatment of homeless individuals with psychosocial disabilities.
It highlights that such individuals frequently face neglect, social isolation, and physical and sexual abuse instead of receiving necessary care.
The petition states,
“Despite existing legal and policy frameworks, including the Mental Healthcare Act, 2017, and the National Mental Health Policy, 2014, respondents have failed to operationalise the provisions intended to protect and assist homeless individuals suffering from mental illnesses,”
The petitioner argues that the absence of a structured national policy on homelessness and mental illness has led to a “complete breakdown of the system, leaving thousands of individuals to fend for themselves,” without access to medical care, shelter, or social entitlements.
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