The Supreme Court has directed the Delhi Urban Shelter Improvement Board (DUSIB) and states/UTs to file detailed affidavits addressing the availability, adequacy, and condition of shelters for homeless persons, especially in light of the approaching winter. This directive was issued by a bench of Justices BR Gavai and KV Viswanathan while hearing a public interest litigation (PIL) concerning the right to shelter for unhoused individuals in urban areas.
Supreme Courtās Orders to DUSIB
DUSIB was specifically asked to submit an affidavit, through a senior officer, providing the following details:
- Existing Facilities: The number and condition of facilities available for accommodating homeless persons.
- Capacity: The number of individuals that can currently be housed in these facilities.
- Demand and Deficit: An estimate of individuals requiring shelters and how DUSIB plans to address any shortfalls.
- Temporary Shelters: Status of individuals displaced from temporary shelters at Yamuna Pusta and Sarai Kale Khan.
The Court emphasized the importance of timely filing, given the urgency of the issue during winter.
Arguments and Observations
Advocate Prashant Bhushan, appearing for the petitioner, highlighted the inadequacy of shelters in Delhi, citing a requirement of over 2 lakh beds against the current capacity of 17,000. He also raised concerns over the closure of 14 shelters, displacing hundreds of homeless individuals.
Senior Advocate Devadatt Kamat, representing DUSIB, countered that displaced individuals from Yamuna Pusta could be accommodated in a permanent shelter at Gita Colony, which has 200 available beds. The bench, however, noted that the issue extended beyond Delhi, with several states failing to provide adequate facilities.
Role of the Union Government
The Attorney General (AG), R. Venkataramani, appeared on December 4 and acknowledged that funding issues arose after the lapse of a relevant central scheme in 2018. The Court suggested that a new scheme be formulated and corporates be incentivized to assist under their CSR obligations.
Background of the Case
This PIL, filed in 2003, seeks to address the systemic issue of shelter deprivation among the urban homeless. In 2022, the Court directed states like Uttar Pradesh, Rajasthan, and Bihar to submit winter plans, but compliance remains inconsistent.
Case Title
Case: E.R. Kumar v. Union of India
Writ Petition (Civil): No. 55 of 2003
The next hearing will examine compliance reports and proposals from both states and the Union government.
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