PEOPLE'S UNION FOR CIVIL LIBERTIES Vs. UNION OF INDIA
LAWS(SC)-2012-1-104
SUPREME COURT OF INDIA
Decided on January 16,2012

PEOPLE'S UNION FOR CIVIL LIBERTIES Appellant
VERSUS
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

- (1.) DELHI Learned Additional Solicitor General has brought to our notice a letter dated 12th January, 2012 received from the All India Institute of Medical Sciences (AIIMS) in which it is indicated that adequate accommodation for the patients and their attendants has been acquired in AIIMS. It is further mentioned that in deference to the orders of this Court, the Institute is willing to provide a built-up area of 6000 square feet for use as night shelter purely on temporary basis. This space has been erected for the supply of generic medicines to the patients in that hospital which will now be deferred for the present. We are told that this night shelter is operational now.
(2.) A Joint Inspection Report of Homeless Shelters has been filed by the Special Commissioner as well as the Commissioner of the Supreme Court. An inspection was carried out between 9th January, 2012 and 12th January, 2012 by the Commissioners and officials of the DUSIB.
(3.) According to the Report: (i) 62 out of 64 night shelters are in operation and 2 are closed. Learned Additional Solicitor General submits that those two night shelters have also been put into operation. (ii) occupancy at the time of inspection was 2997 and possible optimal capacity of the shelters is 5502. The capacity of these shelters as per DUSIB is 9085. According to the Survey conducted by the Civil Society Organisation - an NGO, the total number of homeless people in Delhi is 1 lakh and there is a need for 478 additional shelters. (iii) in general, infrastructure and maintenance of permanent shelters was found to be in order with the exception of space considerations. The key areas of improvement recommended by the Commissioners are to upgrade the toilet and washroom facilities and introduction of kitchen and cooking facilities for the destitute and ailing people. (iv) there are several shelters where occupancy is very low. There is a dire need to undertake large scale communication and information campaign and outreach among the areas of concentration of homeless and in general among the larger society about this programme. Such a campaign will also reduce the hostility that sometimes the middle class and wider society feel towards the homeless and the poor citizens. (v) there are certain areas where more shelter homes are necessary such as areas like Jama Masjid and Bangla Sahib Gurudwara which has a large population of homeless people. (vi) there are shelters which are not fully occupied. Learned Additional Solicitor General submits that adequate publicity would be given both on electronic and print media so that homeless people can avail the facilities which is made available for them. Learned Counsel for the parties suggest that the Joint Apex Advisory Committee be directed to visit these shelter homes and ensure the implementation of the Joint Inspection Report as far as possible without any loss of time. (vii) Some homeless people come particularly in the category of mentally ill, addicts, destitute and old age people.;


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