L.NAGESWARA RAO,J. - (1.) These two Writ Petitions concern the right to shelter of homeless persons in urban areas. These Writ Petitions were filed in the year 2003 but no effective orders could be passed till 2014 as all the States did not file their responses and status reports.
(2.) On 04.09.2014, Mr. Prashant Bhushan, Counsel for the Petitioners in Writ Petition No.572 of 2003, placed the "Scheme of Shelters for Urban Homeless", issued by the Government of India, Ministry of Housing and Urban Poverty Alleviation before this Court. The said Scheme refers to the National Urban Livelihoods Mission (NULM). The NULM was launched on 24.09.2013 to reduce the poverty and vulnerability of urban poor households by enabling them to access gainful self-employment and skilled wage employment opportunities through building strong grassroots level institutions for the poor which would result in an appreciable improvement in their livelihoods on a sustainable basis. The NULM Mission Document also states that providing shelters equipped with essential services to the urban homeless in a phased manner is a top priority. The location and design of shelters and the funding pattern of the Scheme of Shelters for Urban Homeless is discussed in detail in the Mission Document. The Operational Guidelines for the Scheme of Shelters for Urban Homeless were issued in December, 2013 by the Ministry of Housing and Urban Poverty Alleviation. These guidelines provide the details of the norms and types of shelters and the facilities to be provided at the shelters. As per the Scheme, Government of India would fund 75 per cent of the cost of construction of the shelters and the remaining 25 per cent would be contributed by the States/UTs. In case of Special Category States, the Central Government would fund 90 per cent and the States would bear the remaining 10 per cent. The Urban Local Bodies were given the responsibility of monitoring and evaluation of the Scheme.
(3.) The States/UTs were directed to file affidavits regarding the status of implementation of the Scheme by an Order of this Court dated 04.09.2014. If the States did not fully implement the Scheme, they were directed to state the time frame during which they would do so. While directing the Ministry of Housing and Urban Poverty Alleviation to explore the ways and means of providing temporary shelters to the needy persons, this Court by an Order dated 13.11.2014 also directed the Government of India to enquire from the Chief Secretaries or the Administrators of each State/UT about the status of implementation of the Scheme. On 12.12.2014, a direction was issued by this Court for a meeting of the Executive Committee to be held on or before 31.12.2014 to prepare a report of the activities of the Mission. The Chief Secretaries of the States were directed to constitute the Executive Committees in terms of the NULM Mission Document on or before 31.12.2014. A further direction was issued to review the existing temporary and permanent shelters to ensure that all facilities are available in those shelters. In those States/UTs where the number of shelters was inadequate, steps were directed to be taken to provide at least temporary shelters forthwith.;