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,
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.
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.
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.
“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.