Right to Shelter for Urban Homeless: Supreme Court's Directive

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RIGHT TO SHELTER FOR URBAN HOMELESS: SUPREME COURT'S DIRECTIVE

Introduction

The Supreme Court of India has taken a significant step in addressing the plight of urban homeless individuals by emphasizing their right to shelter. In a recent ruling concerning two writ petitions, the Court directed the government to ensure the effective implementation of the National Urban Livelihoods Mission (NULM), which aims to provide shelters for the urban homeless. This decision underscores the importance of accountability in governance and the necessity of protecting vulnerable populations in urban areas.

Case Background

The two writ petitions, filed in 2003, highlighted the urgent need for shelters for homeless individuals in urban areas. Despite the petitions being filed over a decade ago, effective orders were not passed until 2014 due to the lack of responses from various states. The petitioners presented the "Scheme of Shelters for Urban Homeless," issued by the Government of India, which is part of the NULM launched in 2013. This scheme aims to reduce urban poverty and provide essential services to the homeless.

The NULM's mission document outlines the need for shelters equipped with necessary facilities, emphasizing that this is a top priority. The operational guidelines for the scheme were issued in December 2013, detailing the types of shelters and the responsibilities of urban local bodies in monitoring and evaluating the scheme's implementation.

What The Lower Authorities Held

The Supreme Court's involvement began with the acknowledgment of the inadequacies in the implementation of the shelter scheme. The Court directed states to file affidavits regarding the status of the scheme's implementation. Over the years, the Court expressed dissatisfaction with the slow progress, noting that many states had not sanctioned proposals for urban homeless shelters. The Union of India was repeatedly asked to provide updates on the implementation status, but the responses were often unsatisfactory.

The Court's scrutiny revealed that while funds were allocated for the construction of shelters, many states failed to utilize these funds effectively. The lack of monitoring and evaluation mechanisms contributed to the ineffective implementation of the scheme, leaving many homeless individuals without adequate shelter.

The Court's Reasoning

In its ruling, the Supreme Court highlighted the fundamental right to shelter as an essential aspect of human dignity. The Court noted that despite the availability of funds and a clear mechanism for disbursement, the situation on the ground remained unsatisfactory. The Court expressed concern over the inadequate infrastructure for shelter homes and the slow progress in setting them up.

The Court emphasized that the responsibility for implementing the NULM lies with the state governments, which must ensure that the allocated funds are utilized effectively. The Court's directive to constitute a committee to monitor the implementation of the scheme reflects its commitment to ensuring accountability and transparency in governance.

Statutory Interpretation

The Court's decision is rooted in the interpretation of the right to shelter as a fundamental right under the Constitution of India. The NULM and the Scheme of Shelters for Urban Homeless are legislative measures aimed at fulfilling this constitutional mandate. The Court's insistence on effective implementation underscores the need for state governments to adhere to their statutory obligations in providing shelter to the urban homeless.

CONSTITUTIONAL OR POLICY CONTEXT

The ruling aligns with the broader constitutional framework that recognizes the right to life and personal liberty under Article 21 of the Constitution. The Supreme Court has consistently interpreted this right to include the right to shelter, thereby reinforcing the state's duty to protect vulnerable populations. The Court's directive to establish a monitoring committee is a proactive measure to ensure that the rights of the homeless are upheld.

Why This Judgment Matters

This judgment is significant for several reasons. Firstly, it reaffirms the right to shelter as a fundamental right, compelling state governments to take their responsibilities seriously. Secondly, it highlights the need for effective monitoring mechanisms to ensure that funds allocated for social welfare schemes are utilized appropriately. Lastly, the establishment of a committee to oversee the implementation of the NULM represents a critical step towards accountability in governance, ensuring that the needs of the urban homeless are addressed.

Final Outcome

The Supreme Court directed the formation of a committee to oversee the implementation of the NULM and ensure that temporary shelters are provided for the homeless, especially during winter. The committee is tasked with verifying the status of existing shelters, investigating the reasons for slow progress, and making recommendations to state governments for compliance. The Court's directive to submit a report within four months underscores the urgency of the situation and the need for immediate action.

Case Details

• Case Reference: E. R. Kumar & Anr vs UNION OF INDIA & ORS
• Court: In The Supreme Court Of India
• Bench: T. S. THAKUR, CJI & L. NAGESWARA RAO, J
• Date of Judgment: November 11, 2016