In a landmark move, the Allahabad High Court has mandated a comprehensive statewide initiative to identify homeless individuals within municipal areas and ensure they receive essential aid, including shelter and healthcare.
The directive, issued by a division bench comprising Justice Rajan Roy and Justice Om Prakash Shukla, targets four specific categories of homeless persons: able-bodied, mentally ill, mentally retarded, and differently-abled. The Chief Medical Officer, in collaboration with local police, will spearhead the identification process within each district’s municipal limits.
“The Chief Medical Officer shall identify the aforesaid four categories of homeless persons within the municipal limits of his district in cooperation with the local police. The Superintendent of Police/ Commissioner of Police shall ensure adequate cooperation by the local police in this regard. After identification of such persons, they shall be provided necessary relief whether it be of health or shelter under the relevant statutes or schemes as the case may be,” the Court ordered.
District Magistrates will oversee this initiative, coordinating with various authorities to ensure effective implementation. All findings and actions taken will be reported to the Director General of Medical & Health Services.
The Court emphasized the humane treatment of homeless individuals by law enforcement and called for a detailed report to be submitted at the next court session.
In particular, authorities in Lucknow have been asked to submit a separate response, addressing specific cases within the city. This order stems from a Public Interest Litigation (PIL) filed by advocate Jyoti Rajpoot, focusing on the rehabilitation of homeless persons in line with the Rights of Persons with Disabilities Act, the Mental Healthcare Act, and the Central government’s Shelters for Urban Homeless scheme.
While examining these statutes, the Court noted that mechanisms exist for certain categories of homeless persons but highlighted a gap concerning able-bodied homeless individuals. The State has acknowledged the need to implement the Central Government’s scheme for this group, ensuring the provision of shelter homes.
Reiterating the constitutional right to dignity under Article 21, the Court stressed the State’s obligation to facilitate access to public healthcare and appropriate living conditions.
Advocates Isha Mitta and Nishant Shukla represented the State in this case.
