Allahabad HC directs state to identify homeless, provide shelter and care

Allahabad High Court mandates identification and aid for homeless people in Uttar Pradesh, stresses human dignity and legal rights, in response to a Public Interest Litigation

To address homelessness in Uttar Pradesh, the Allahabad High Court on July 11 directed a statewide exercise to identify homeless individuals within municipal limits and mandated the provision of necessary relief, including shelter and healthcare, according to a report by Bar and Bench. 

This directive came in response to a Public Interest Litigation (PIL) filed by advocate Jyoti Rajpoot, highlighting the plight of various categories of homeless persons in the state, particularly in Lucknow.

The order stressed the state’s duty under Article 21 of the Constitution of India, which entitles every person to live with dignity and have access to proper public healthcare.

 

Four categories of homeless persons

The division bench of Justice Rajan Roy and Justice Om Prakash Shukla emphasised the identification of four categories of homeless persons: able, mentally ill, mentally retarded, and differently-abled. The Chief Medical Officer of each district, in cooperation with local police, is tasked with identifying these individuals. Post-identification, necessary relief in terms of health care and shelter is to be provided under relevant statutes or schemes.

The court observed that the Rights of Persons with Disabilities Act, 2016, and the Mental Healthcare Act, 2017, along with the Central Government’s National Urban Livelihood Mission, which includes Shelters for Urban Homeless, are pertinent to this initiative.

Distinctions between homeless and mental illness

The court also noted that should officers face a person suffering from mental illness, they would be covered under the Rights of Persons with Disabilities Act, 2016. In which case, “the said Act would come into picture,” the court said.

District Magistrates to oversee exercise

“The District Magistrates of each district shall oversee the entire exercise and coordinate with other authorities. The details regarding such persons and the succour provided to them shall be transmitted to the Director General of Medical & Health Services,” the court said. The police are instructed to ensure humane treatment of these individuals.

The court specifically directed the authorities in Lucknow to file a separate response, as the PIL highlighted particular cases from the city.

A report detailing the identification and aid provided to homeless persons is to be submitted to the court by the Director General of Medical & Health Services and the Director General of Police on the next hearing date on August 12, 2024.