PEOPLE UNION FOR CIVIL LIBERTIES Vs. UNION OF INDIA
LAWS(SC)-2011-7-162
SUPREME COURT OF INDIA
Decided on July 18,2011

PEOPLE UNION FOR CIVIL LIBERTIES Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) In pursuance to the direction of this Court, comprehensive affidavit has been filed by the Chief Secretary to the Government of West Bengal. Rapid assessment surveys in three cities of Kolkata, Howrah and Asansol with more than five lakh population were conducted during the period February March, 2011 to identify the number, location of concentration and other relevant details of homeless population. The survey in three cities have been conducted by engaging civil society organizations having through knowledge, understanding and experience of working on the issue of homeless in urban areas with active involvement of youth groups. Survey data of Kolkata and Howrah were checked and validated during Census operation on the night of 28 February, 2011. The Rapid Assessment Survey took into account populations living in 'open air' and 'under plastic cover' in all three cities. While the first group was considered most vulnerable, the population groups (mostly families) living for years together under plastic roof was also covered in the survey, albeit separately. An overview of the findings of the Rapid Assessment Surveys on populations living in open air in three cities is given below: Sl.No.CityMale homelessFemale homelessTotal homeless 1Kolkata9534676916303 2Howrah12372391476 3Asansol582785
(2.) It is also mentioned in the affidavit of the Chief Secretary that the government would provide financial assistance for setting up and regular maintenance of homeless shelters. Taking an average of 40 inmates in a shelter in space-starved cities like Kolkata and Howrah, a framework of financial assistance has been provided in the Model Scheme. It is also mentioned therein that an approximate budget provision of Rs. 58 lacs, excluding renovation/repairing work, has been earmarked for setting up of 10 shelters for homeless population in the State during the financial year 2011-12. A comprehensive set of guidelines has been prepard for the implementing and partner organizations who will maintain, manage and oversee the shelters including maintenance of daily records of inmates.
(3.) In case of able-bodied men using the shelter, there could be a nominal fee to be charged by the implementing partner organization and the revenue earned would be utilized to meet part of operation and maintenance cost.;


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