TENTH REPORT OF THE COMMISSIONERS OF THE SUPREME COURT

PERMANENT SHELTERS FOR URBAN HOMELESS POPULATIONS

_______________________________________________ THE NATIONAL REPORT ON HOMELESSNESS for SUPREME COURT OF INDIA

Review of Compliance of State Governments with Supreme Court Orders

Up to Dec 31, 2011

Supreme Court Commissioners WR 196/2001

Foreword and Acknowledgement Among the most dispossessed and disenfranchised of all populations in the country are the urban homeless. They are deprived of the elementary protection and minimal human dignity of a roof over their heads. They are forced therefore to suffer the extremes of climates, lack even place to cook and bathe, are denied the most basic citizenship rights like ration cards, election cards and social security. They typically suffer both grave neglect and hostility of state authorities. Until recently they were at the periphery of public policy. A decisive turning point for the rights of homeless persons has been the interventions of the highest court in the country, which responded to our reports of homeless people grappling against the severe Delhi winter two years ago, resulting in avoidable deaths and intense suffering. Since then, the Supreme Court has passed a series of important orders to all state governments to establish permanent shelters with basic services for homeless people in all major cities, including special shelters for most vulnerable categories among the homeless, such as single women and the disabled and aged. In this report, we have compiled reports from all states and UTs, to present a comprehensive update regarding compliance by various governments country-wide to implement orders of the Supreme Court to establish sufficient numbers of permanent homeless shelters with essential services in all major cities. From the information gathered in this report, we have found NO government of any state or UT reports good or satisfactory compliance. Delhi, Tamil Nadu, and Uttar Pradesh report average compliance. There is poor compliance in Andhra Pradesh, Bihar, Chattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Rajasthan, and Uttarakhand. The most regrettable are the states of Maharashtra and West Bengal which report ZERO compliance. It is proposed that appropriate directions are issued to states with zero or poor compliance to take steps to obey fully the directions of the Supreme Court within 3 months, and the average states to improve performance and bring these into the ‘good’ category. We would like to thank our National Advisor on Homeless Mr. Sandeep Chachra for taking the lead in collecting the information and helping draft this report, and Principal Advisor Mr.Biraj Patnaik, National Advisor Ms. Sejal Dand and Ms. Pritha Chatterjee for providing their valuable inputs and putting together this detailed and painstaking report, the first of its kind . We are grateful to the petitioner in this case Ms Kavita Shrivastava, and her learned counsel Colin Gonsalves. We would also like to thank our state level advisors and their teams for their constant efforts and helping us with field inspections, state level investigations and field visits. We also express our gratitude to all the civil society groups for helping us with field investigations and inspections. The list of persons and organizations who surveyed the shelters in various states and UTs and contributed to the information contained in this report is given in the Annexure.

Dr. N.C Saxena (Commissioner)

Mr. Harsh Mander (Special Commissioner)

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Contents
Page No. Foreword and Acknowledgement 1. Chapter 1 Introduction and background 2. Chapter 2 Overall Compliance Status 3. Chapter 3 State wise Implementation Status Andhra Pradesh Assam Bihar Chattisgarh Delhi Gujarat Jharkhand Karnataka Madhya Pradesh Maharashtra Odisha Rajasthan Tamil Nadu Uttar Pradesh Uttarakhand West Bengal 4. Recommendations of Commissioners and Directions Sought from the Court 14 16 17 19 21 23 25 28 30 34 36 39 42 46 50 51 54-56 14-53 11-13 1 3-10

Annexure

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Chapter 1 Introduction and Background

1. a.

Context of Homelessness in India

In rapidly urbanising India, urban homelessness is a growing concern. Over 286 million people are now inhabitants of the country’s cities;1 three of them, namely, Mumbai, Delhi and Kolkata, are home to 17 percent of the world’s slum dwellers.2 The Census in 2001 enumerated 1.94 million homeless people in India, of who 1.16 million lived in villages, and only 0.77 million lived in cities and towns. These numbers have since likely to have grown in the 2011 census, though the detailed results of the 2011 census on homeless are not yet available, and there have been reports of undercounting on account of the invisibility. Because homeless tend to be highly invisible group, these numbers are likely to be gross underestimates. It is estimated that at least 1 percent of the population of cities is homeless. This places the estimates of urban homeless persons in India to around 3 million at the least. The Census of India defines ‘houseless population’ as the persons who are not living in ‘census houses’. A ‘census house’ is referred to as a ‘structure with roof’. Census enumerators are instructed ‘to take note of the possible places where the houseless population is likely to live such as ‘on the roadside, pavements, in hume pipes, under staircases or in the open, temples, mandaps, platforms and the like’3. They are described variously as homeless, houseless, roofless, shelter less people, and pavement dwellers. ‘Invisibility’ of homeless groups renders them a difficult group to work with, although many may have lived several years, sometimes even a generation or two on the streets, they are seldom noticed by officials. They lack a formal address, and also are rendered anonymous because they usually lack even the elementary markers of citizenship of poor people in India, like ration cards and voters’ identity cards. Even many civil society programs for the urban poor have tended to overlook homeless persons on the streets, though they work within slums or with sex workers or vendors in urban areas. With large and mounting backlogs of social housing for the economically weaker sections, and with poor access of the impoverished people to any form of housing, or to any form of community shelters, several lakh families and individuals lead a shelter-less life in the cities of India. There have been earlier efforts to address the problems of homelessness in a very few cities (eg Delhi) , which failed for lack of proper design, implementation and accountability. In 1992, the Government of India, Ministry of Urban Development had launched a small programme called The Shelter and Sanitation Facilities for the Footpath Dwellers in Urban Areas with an objective to “ameliorate the living conditions and shelter problems of the absolutely shelter-less households till such time as they can secure affordable housing from ongoing efforts of state housing agencies.” This scheme was implemented through the HUDCO and covered major urban centres where there is a concentration of homeless persons
1

See “India: Urban Poverty Report 2009” at http://data.undp.org.in/poverty_reduction/Factsheet_IUPR_09a.pdfhttp://www.undp.org.in/index.php?option=com_content&task =view&id=239&Itemid=322 2 UN-HABITAT, 2006. Seehttp://www.unhabitat.org/ 3 Census of India, 1991: 64
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or footpath dwellers. In October 2002, the scheme was renamed as Night Shelter for Urban Shelterless and the component of Pay & Use Toilets had been withdrawn. The modified scheme was now limited to construction of composite night shelters with toilets and baths for urban shelter-less. These would be in the nature of dormitories / halls with plain floors to be used for sleeping at night and for other social purpose during the day time e.g. health care centre, training for self employment, adult education, etc. This scheme was finally withdrawn in 2005, because most State Governments did not utilise even the limited funds properly, as were budgeted for them. The scheme was very marginal in its profile, outlay and importance. Not designed as an entitlement enabler, the scheme went largely unknown and un-demanded, as well as poorly implemented. Managed by HUDCO, the scheme had very little detailing of design, amenities, costs, operational guidelines, implementation, accountability and review mechanisms. Financially too, it had severe limitations. It had extremely marginal allocations, in some years as low as 1 crore rupees for the entire country. The overall financial envelope of the scheme was very restricted – during the period of the scheme, a total of Rs 8 crores were used for 114 projects throughout the country with 17,000 beds in the period of the scheme.4 Being a demand driven scheme - with its progress conditional on the demand from local, city and state governments, it could be said that the scheme failed its objectives, as demand seldom was articulated on account of the invisibility, powerlessness and stigma that surrounds urban homeless persons. Thus, there is at present no national programme for this most vulnerable population among the urban poor. It is in this context, that the Supreme Court intervened on the issues of urban homeless in 2009/2010 and is continuing to systematically review the progress with support of the SC Commissioners Office. Highlighting the gravity of the issue for the urban homeless and for the conscience of the nation, the Supreme Court5 has passed a series of orders directing all state governments to set up permanent community shelters and allied services for urban homeless. Recognising their intense vulnerability, denial of rights and extreme poverty, the Hon’ble Supreme Court directed that for every one lakh urban population, facilities for shelter and allied amenities must be provided for at least one hundred (100) persons in cities of India. 1. b. Who are the Homeless -Defining Homeless

Going beyond the Census definition of ‘homeless’ which defines houseless population as persons not living in ‘census houses’, we argue that the benefits of the SC orders shall prevail and be applicable for all categories of people listed below. They are: Persons who do not have a house, either self-owned or rented, but instead : i. Live and sleep at pavements, parks, railway stations, bus stations and places of worship, outside shops and factories, at constructions sites, under bridges, in hume pipes and so on;

4

Study done by ActionAid India, 2004 In the writ petition 196/2001 PUCL and Others Vs Union Of India and Others
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ii.

Spend their nights at night shelters, transit homes, short stay homes, beggars homes and childrens’ homes; Live in temporary structures without full walls and roof, such as under plastic sheets, tarpaulins or thatch roofs on pavements, parks, nallah beds and other common spaces.

iii.

It is to be noted that within this group there are multiple degrees of vulnerability, for instance the multiple vulnerabilities of single women, infirm and old, disabled, and persons who have special needs, and those involved in substance abuse. In addition to their social and economic vulnerability, these are also the groups who often have no kind of shelter whatsoever, and live in open subject of various forms of exploitation and abuse. This group of homeless should be taken special care of and provided care homes accordingly.

1. c.

Supreme Court Orders on Homelessness

In the winters of 2009-10, there were homeless deaths in the capital city of Delhi that drew much public and media attention. Many who died were young working people: balloon sellers, rag pickers, rickshaw pullers, casual workers, street vendors, and the elderly on the streets. The Government of Delhi, one of the few states that had a programme on homeless, provided shelters to about 3 per cent of the homeless people, but in that winter, even those few shelters were reduced. This initiated the involvement of the Commissioners of the Supreme Court (WR 196/2001) in the matter, and in a letter dated January 13th, 2010 they brought to the notice of the Hon’ble Supreme Court, the appalling conditions of the people living on the streets in Delhi, especially in extreme cold weather conditions. They explained that these deaths could have been avoided had there been proper implementation of directions of the Hon’ble Supreme Court of India (in CWP 196/ 2001) with regard to the food schemes on the food including the ICDS, MDMS, PDS, NREGA, Antodaya Yojana, NOAPS, NFBS and NMBS in the state of Delhi. It was further explained that people are dying in the streets of Delhi not only because they are hungry but also because they are homeless. People require more food to remain healthy, as the temperature decreases. This makes homeless people who already have low levels of access to nutritional food and high malnutrition rates, very vulnerable to cold weather. The Supreme Court took urgent notice of this matter and directed the Government of Delhi to immediately provide shelters, to all those without one. Further, it was directed that these shelters must provide basic amenities such as blankets, water and mobile toilets. On 22 Jan 2010, the Commissioners again wrote to the Supreme Court, firstly stating that shelters must be equipped with basic services compatible with human dignity. They quoted a study on the quality of the existing shelters for the homeless in Delhi conducted by the Tata Institute of Social Studies on the request of the Commissioners. The study found that most shelters were running out of existing buildings that were constructed for other purposes such as marriage halls, community halls etc. and therefore were not designed to meet the needs of a shelter. While in three shelters there were no toilet facilities available even in the rest they were not clean and there was not enough water. There were no clean beddings in any of the shelters as the contract for beddings had not been finalised by the government. Almost half the centres did not have the facilities for adequate and clean drinking waters. Other facilities like lockers etc. were also not available anywhere. Lockers are of vital importance for the urban poor, because they have no place in the world to store their belongings and savings, and literally have to live only with the clothes

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on their backs. This pushes them into deeper vulnerability, a vicious cycle of poverty, dispossession and often even starvation. A series of important Supreme Court orders followed. The third letter written by the Commissioners to the Supreme Court dated January 25th, 2010, the Commissioners therefore sought a direction to all state governments/UTs in India, ‘to build and run 24 hour shelters for urban homeless people, with adequate and appropriate facilities. The shelters must be in sufficient numbers to meet the need, in the ratio of at least one per lakh of population, in every major urban centre. (This is the ratio prescribed by the Delhi Master Plan). As explained, all shelters for homeless people should be functional all through the year and not as a seasonal facility only during the winters’. They added that whereas over time these services need to be provided in all urban areas, in the first phase it ‘should be mandatory for cities with population above one million, and other cities and towns identified by the Government of India to be of special social, historical, tourist or political importance. A total of 62 such cities have been identified under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). Central and state governments be directed, as a minimum, to provide permanent 24 hour homeless shelters in these 62 cities in the first phase within a period of one year from the order, in a minimum ratio of one shelter of capacity 100 persons for every one lakh of urban population. These should be operational latest by March 31st, 2011. The Supreme Court concurred and issued notice to all state governments to respond about facilities that they are providing to the urban homeless. As a result, the matter of services to the homeless was taken up at the highest levels of the administration in various state governments for the first time.

Guidelines prescribed by the SC on shelters and other specifics. The major guidelines provided by the Supreme Court on specificities of shelter (Order dated January 20th 2010) are as follows: 1) All cities covered under JNNURM and above 5 lakhs, to have one 24hrs, 365 days a year, homeless shelter with a capacity of 100 persons for every one lakh population. 2) There should be basic amenities provided in the shelters, which are to include mattress, bed roll, blanket, portable drinking water, functional latrines, first aid, primary health facilities, de addiction and recreation facilities etc. 3) 30% of these to be special shelters (women, old and infirm, recovery shelters)

Further States and Union Territories, were ordered vide Order dated May 5, 2010 to: a) undertake a detailed survey on the homeless and respond to their entitlements accordingly; b) construct a shelter for a lakh population in all urban centers and provide basic facilities and amenities such as clean drinking water, light, toilet and provisions for their security and; c) formulate comprehensive policies protecting the rights of the homeless.

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1.d

Key summary of the Different Supreme Court Orders

Following is a brief summary of some of the important Supreme Court orders that had strict guidelines for putting up permanent shelters and clear orders on the occupancy, location and other facilities that are to be present in the shelters, including the last order on December 12th, 2011 a. Supreme Court Order dated 20th January 2010

The Supreme Court order dated 20 January 2010 issued the following directions to Government of Delhi, the Municipal Corporation of Delhi, the New Delhi Municipal Corporation and Cantonment Board: a) To set up at least 100 temporary shelters for people living in streets within one week; b) To build at least 140 permanent shelters for people living in the streets by December 2010; c) To set up at least 500 community kitchens across the city and provide nutritious and cheap cooked food; d) To issue AAY ration cards to all homeless people in Delhi with a validity of at least two years and renewable if they remain homeless in the city by March 31, 2010 and; e) To file an affidavit to the Supreme Court on steps undertaken to protect the food and shelter rights of homeless people in the City by 15th February 2010. b. Supreme Court Order dated 5th May, 2010

The Supreme Court order dated 05 May 2010 transmits responses of states to the petition of the OSCC dated 25 January 2010 demanding that the same directions (issued on 20 January 2010 to the Delhi Government Municipal Corporation of Delhi, the New Delhi Municipal Corporation and the Cantonment Board) should be issued to all states and state’s agencies working for the homeless. States’ and Union Territories’ affidavits and responses are positive and some important actions they would undertaking are: a) take a detailed survey on the homeless and respond to their entitlements accordingly; b) build a shelter for a lakh population in all urban centers and provide basic facilities and amenities such as clean drinking water, light, toilet and provisions for their security and; c) formulate comprehensive policies protecting the rights of the homeless. c. Supreme Court Order dated April 19th, 2011

After a series of affidavits filed by the states on compliance and progress made on shelter building, the Supreme Court on the hearing of April 19th 2011, ordered that
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All states have to put in place the permanent shelters by October 31st 2011 with all the arrangements on basic amenities in full swing. d. Supreme Court Order dated May 9th, 2011

All states were directed to put up night shelters within 15th November 2011. States like Orissa, Jharkhand failed to file affidavits on the date of hearing and hence were asked to file one, before the next hearing. The Supreme Court issued orders for all states who have not set up night shelters according to the settled norms to set up night shelters without further loss of time because even during the summer and monsoon seasons, it is imperative to have night shelters for the homeless people. All the night shelters must have the basic facilities of drinking water, toilets, bathing, electricity, security and emergency medical checkup. e. Supreme Court Order dated July 18th, 2011

Status of shelters for some selected states were heard upon such as Maharashtra, Assam, Punjab, Haryana, Uttarakhand, Chattisgarh, Gujarat, Nagaland, Goa, Tripura, Sikkim, Jammu & Kashmir and Kerala. The Bench asked these states to speed up the process of shelter building with all the basic amenities. f. Supreme Court order dated September 20th, 2011

The Supreme Court directed all state government and Union Territories to inform the public about the availability of the night shelters through print media and electronic media, so that the poor and needy people may avail the benefit of the night shelters. g. Supreme Court Order dated December 12th, 2011

On the hearing of December 12th 2011, most of the states were seriously lagging behind the prescribed number of permanent shelters. Some states like West Bengal, Karnataka, and Maharashtra were far behind the required number of shelters for the homeless population. Delhi, Rajasthan also reported to be lacking behind and in this case this was a serious matter of concern given the severe winter conditions in the northern states. All states were asked to put up permanent shelters at the earliest and in the absence of that, only for the winters the States are to put up temporary shelters to ensure that no homeless person dies due to severe cold.

1 e. Commissioners Work and Process

On an ongoing basis, through a team of State based Advisors led by the National Advisor to the Commissioners, the Commissioners undertake regular field visits to the sites in cities of all states, and with support from the local civil society organisations and activists working with homeless undertake a regular monitoring and review of compliance with the periodic orders of the hon’ble Supreme Court in this regard. The National Advisors office also periodically meets up with the concerned officials of the state governments in pursuance of these orders and files periodic reports based on these visits. Such

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reports have from time to time been brought to the notice of the Hon’ble Supreme Court in written submissions in the ongoing case. In their various submissions to the Supreme Court, based on the field review, and through meetings with homeless peoples, local civil society organisations, state officials and on the gaps encountered in the field, the Supreme Court appointed Commissioners team have pointed out various important issues for the consideration of the Supreme Court. Some of these have been summarized in the 3rd letter of the Commissioners to the Supreme Court. The third letter of the Commissioners dated 25th January 2010, stated that shelters should at minimum provide for basic facilities such as beds and bedding, toilets, potable drinking water, lockers, first aid, primary health, de-addiction and recreation facilities. Each shelter should have a capacity of 100 persons because the services will not be viable and optimal with smaller populations. Locations should be close to homeless concentrations and work sites. Some shelters can be established by redeploying existing unused or under-utilised buildings. Others may require new buildings which can be permanent structures or in porta cabin type low cost temporary structures. The shelters should be permanent, running throughout the year; and open round the clock, because many homeless persons find work in the nights. Following from the above summary of orders, the present report looks at the status of compliance of the states with the prescribed guidelines and the level of implementation of the Supreme Court orders. The Commissioners pointed out that while there is no denial that winters are extremely harsh for homeless persons, there are cities like Mumbai, Chennai which are also severely affected by monsoons. Therefore shelters should be permanent 24*7 shelters. Living in the open with no privacy or protection for even for women and children, is a gross denial of the right to live with dignity. Many occupants of shelters are engaged in work during the nights (e.g. head loaders), and thus need shelters to sleep during the day. Casual workers also often do not get employment on a daily basis, and therefore again often need shelters during the days and not just at night. Therefore, entry to the shelters should be open to homeless all through the day and night. The shelter should at minimum provide for basic facilities such as beds and bedding, toilets, potable drinking water, lockers, first aid, primary health, de-addiction and recreation facilities. Some shelters can be established by redeploying existing unused or under-utilised buildings. Others may require new buildings, others may be developed used older used buildings, suitability refurbished. As stated earlier, the shelters should be permanent, running throughout the year; and open round the clock, because many homeless persons find work in the nights.

1.f

About the Present Commissioners Report to the Supreme Court

The present report is based on the key findings and learning’s from a year long process and engagement with the progress on the ground, based on the directions of the Supreme Court. Apart from the findings of the field surveys over the year, as well as a review of compliance based on the presentations, submissions and affidavits claims of the state governments, for the preparation of the current report, in the last days of December, rapid field visits were undertaken by the Advisors team together with local civil society organisations, and in some instances through the instrument of joint inspection, to make an assessment of the status on the ground. Reports and affidavits from state governments, verified by observations and

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reports of the visits made by National Advisor and State advisors to night shelters on quality, running and other issues related to shelters have been used as data sources. The assessment covers the following:

1) Whether states have identified the locations of homeless shelters vis-à-vis the areas of homeless concentration. 2) Status of homeless shelters, permanent or temporary, under construction or absent 3) Number of shelters allotted for the special categories of homeless such as single women, disabled, mentally ill and the aged. 4) Whether or not the facilities and amenities are present in the shelters, and if so to what level. 5) Proportion of budget allocated and spent on homeless shelters. 6) Management of the shelters and the systems present for management of shelters 7) And finally whether the homeless persons are able to access the shelters

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Chapter 2 Overall Compliance Status

2.1

Overall Status of Compliance with Supreme Court orders

Based on the ground situation, we divide the states into three categories and listed them in table below:

1) States that have shown Good compliance – These are states which have done mapping to
establish locations for shelters, and have put in above 60% of the permanent shelters mandated by the Supreme Court, along with basic facilities.

2) States that have shown Average level of compliance – These are states which have done some
form of location assessment for shelters, and have put in between 30% to 60% of the permanent shelters mandated by the Supreme Court, along with basic facilities.

3) States that have shown Poor compliance – These are states which have started to do some form
of location assessment and have put at least 20%-30% of the required number of permanent shelters along with a few among the basic facilities

4) States that have shown No compliance or willful disobedience- These are the states which
have below 20 % of the prescribed number of shelters and have done partial/no mapping of the homeless. The amenities and services provided in the shelters are below the desired level.

CATEGORIES 1) States that have shown Good Compliance and Imagination States that have shown Average compliance. None

STATES

REMARKS

2)

Delhi, Tamil Nadu, Uttar Pradesh.

Delhi needs to open new shelters and upgrade nonfunctional shelters. Tamil Nadu needs to speed up the process of shelter building in other cities such as Erode, Salem. Uttar Pradesh needs to build more shelters and upgrade the temporary ones to permanent shelters.

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3)

States that have shown Poor compliance

Andhra Pradesh, Bihar, Chattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Uttarakhand.

Andhra Pradesh there are no shelters which are run by the state. However, the state has identified 23 community halls. However till date no shelter has been started in those halls. Bihar has very poor amenities in the shelters and hence no homeless stays in those shelters. Almost all shelters in Bihar are non functional. In Madhya Pradesh, shelters are in place but non-functional. Same is the issue with Chattisgarh. In Gujarat new shelters are under construction but old shelters remain unutilized due to poor maintenance, publicity. In Jharkhand all permanent shelters were non functional. Karnataka has very low occupancy in shelters due to poor amenities, lack of publicity and other reasons highlighted later. Odisha has no permanent night shelters operating in the state. Same is the issue with Uttarakhand. Rajasthan has night shelters and no 24 by 7 shelters. Amenities are poor as well.

4)

States that have shown No compliance

Maharashtra, West Bengal.

In Maharashtra and West Bengal no functional shelters persist till date.

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2.2

Actions Recommended by the Commissioners Office on the Overall Direction of Progress

While, for the Second category of states i.e. Average Performers, which have shown average progress are important to recognize and to expect a faster movement from, it is the Third and the Fourth category of states which have shown either “poor” progress or “consistent willful disobedience” that need to be alerted at the earliest and at the highest levels. There are no reasons or excuses that the poor performing states could give out for such delays. Two years has elapsed now since the Court first directed the states; one winter has given way to another and to another; monsoons have come and gone by. Several more deaths on the streets have taken place, several more people have been rendered homeless on account of a model of urbanization that leaves the poorest and most excluded women and men, to the perils exploitation on the streets, to hunger and destitution. In this period the Hon’ble Supreme Court has reviewed the case on more that 10 occasions and has periodically guided the governments with support from office of the Commissioners of the Supreme Court to ensure implementation of the SC directions. Despite a “people progressive” and strong stand taken by the Honourable Supreme Court and one which will go down in annals of jurisprudence, nationally and internationally, as one of the most progressive stands for the poorest and most excluded peoples, Governments have continued to drag their feet, filibuster and treat this matter in an unaccountable and casual manner, at a huge cost and humiliation to one of the most deprived sections of the society in independent India. Based on the State submitted affidavits, there are variations in both the numbers of shelters as well as on the location of shelters, resulting in homeless persons not being benefitted by the schemes. Therefore immediate steps to redress the situation are needed, and the Commissioners petition the Honourable Supreme Court to intervene strongly in defence of voiceless and one of the most deprived sections of our Society. The Commissioners further petition that such action needs to be directed from the highest levels within the State Governments, in the spirit of principles of true accountability and responsibility enshrined in the very foundation of a welfare state. Such states must be directed to prioritise action at the highest level and at the earliest, earmark funds, set in a place an institutional mechanism and implementation guidelines to act. States may seek guidance from the Commissioners office, and report back to the Supreme Court at the next hearing on what progress has been achieved. Specific Actions recommended by the Commissioners are outlined in Chapter 4.

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Chapter 3 State Wise Implementation Status

The present chapter looks into the status of shelters in each city- the numbers of shelters, condition of basic amenities in the shelters. It also summarises the major concerns arising from the situation in each state and seeks specific directions to redress the situation from the Supreme Court. The level of basic amenities are categorised based on the following features that need to be present in the shelters: 1) beds, blankets and mattresses 2) clean drinking water 3) electricity 4) toilet and bathing facilities 5) kitchen/food arrangement 6) first aid and primary health facility 7) lockers 8) recreational facilities. ANDHRA PRADESH
Name of City No. of Shelters Needed in cities No of Shelters as per ground verification by Advisor , NGOs and their teams. 4 * night shelters. No. of shelters under construction Level of basic amenities in shelters Observation and concerns

Hyderabad

60

None

Average

All the shelters are NGO run shelters. The government only provided buildings and beds in the shelters. No new shelters have been proposed to be constructed. All the shelters are night shelters and none are 24 by 7. Amenities are low to average. 23 community halls have been identified by government but till date no shelter has been started in those. Government has till date no plans for constructing new shelters. This is a newly constructed shelter. The Corporation charges money Rs.2 for using the shelter. It is only a night shelter and no provisions for 24 hour stay.

Vishakhapatnam

14

0

None

None

Vijaywada

11

1 night shelter

None

Poor

Guntur

6

No information

No information

No information No information Huge gaps in numbers of shelters, poor performance

Warangal

6

No information

No information

Total

95

5 night shelters.

*There are 4 shelters which are run by NGOs in Hyderabad with a total capacity of 165 inmates.

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Concerns • • The rapid mapping of homeless has not been done in any of the cities in Andhra Pradesh except Hyderabad. The shelters are all night shelters and no single shelter is functional 24 hours a day. So far there are only 4 Night Shelters established in Hyderabad, out of which 1 Night shelter is still lacking sanitation facility, 2 shelter homes are lacking kitchen infrastructure and locker facilities. No residents of these shelter homes are given adhar cards or any other identity card, as was promised by the Government. In addition, there is no provision of Health cards made available for the Homeless residents of shelter homes. Some of the identified buildings are not located in potential areas of concentration of Homeless . The responsibility of sensitizing the local corporators, community leader and the staff of GHMC like D.C’s, Z.C’s and P.O’s supposed to be the responsibility of GHMC which is passed or pushed on NGO’s who find it difficult to convene this process without support.

• •

Directions Sought 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones and in close proximity to places where homeless persons live and work. 2) Several existing buildings (two of the four identified buildings in Hyderabad are not located in area of proximity of Homeless people) and this situation may be redressed either by providing transportation support or by identifying /constructing new shelters. 3) Shelters need to have minimum space norms for people to live. The existing buildings in Hyderabad are small some even with one room space, within minimal or no facilities. These are not suitable for homeless persons. (Refer to Annexure pg 5) 4) As proposed earlier the GHMC agreed to start 23 Night Shelters by December 2011. But lately, in December beginning they have finalised the feasibility of only 11 buildings instead of the 23 buildings, which they have committed to civil society groups. 5) There should be proper facilities at the shelters according the Supreme Court guidelines. 6) Homeless persons in Hyderabad have been asked identity proof. This is contradictory to the intent and purpose of the directions of Supreme Court. No homeless person should be asked for identity proof for accessing the shelters. 7) No one should be charged money to stay and use the shelters. 8) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.

(Please refer to Annexure pg 4 to pg 8)

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ASSAM
Name of City No. of Shelters Needed in cities No of Shelters as per ground verification by Advisor , NGOs and their teams. 0 ( 8 shelters run by NGOs) No. of shelters under construction Level of basic amenities in shelters Observation and concern

Guwahati

9

None

None of the shelters are started or managed by the state. They provide only part financial assistance to the NGOs running the shelters.

Total

9

0 ( 8 shelters run by NGOs)

Concerns • • Rapid mapping has not been done in the city of Guwahati or other cities of Assam for identifying the potential locations of shelters Shelters are opened, managed by the NGOs, with only partial support given to the NGOs, which find it difficult to operate the shelters without secured support, staffing and oversight. It is the state which should actually take up the responsibility for constructing and running shelters. The state should provide and upgrade the basic amenities that are provided in the shelters to the homeless. There are No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

• •

Directions Sought 1) The state should immediately undertake the rapid mapping in Guwahati and in other relevant cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) The state government should ensure implementation of the programme with infrastructure and financial support and not just pass the responsibility to the Civil Society without ensuring due support. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) No homeless person should be asked for identity proof for accessing the shelters. 5) The state should ideally take the task of building and providing shelters to the homeless. 6) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. (Refer to Annexure pg 8)

16

BIHAR
Name of City No. of Shelt erNee ded No of shelters as per ground verification by Advisor , NGOs and their teams. No of shelters under construction Level of basic amenities Observations and concerns No. of shelters as per affidavit submitted on January 5 2012

Patna

14

15 night shelters

None

Poor

All the 15 night shelters have poor amenities such as mud floor, no toilets, illegal electricity connection. Straw mattresses provided to sleep. No night shelter. 1 temporary one.

18night shelter

Biharsharif

2

0

None Poor

0 2 night shelter

Ara

2

2 night shelters

None Poor

2 shelters exist but they are non functional. No one was staying in those shelters at the time of inspection. Average occupancy is 10-15 persons per day. Shelters were closed at time of inspection. Average occupancy less than 20 men per day. Very low occupancy due to poor amenities. Average occupancy 10 men. No 24by7 shelter. Poor level of amenities. Shelter built only for men. Very low occupancy. Shelter built only for men. Very low occupancy. Both men and women stay in same shelter. Poor amenities.1 temporary shelter. No homeless persons are staying given the poor facilities and temporary nature. 1 temporary shelter present. The shelters are for men only with low occupancy. 1 temporary shelter. 1 temporary shelter present 1 temporary shelter present 1 temporary shelter present

7 night shelter

Gaya Muzaffarpu r Bhagalpur Darbhanga Munger

4

1 night shelter

3 3 3 2

4 night shelter 6 night shelters 2 night shelter 1 night shelter

None 1 shelter under construction No information No information No information No information

Poor

8night shelter

6night shelter 1night shelter 1night shelter 0

Poor Begusarai 2 1 night shelter

0

Purnia Katihar

2 2

0 0

None No information No information No information No information 1 0 No information No information Poor

0 0

Danapur Sasaram Dehri Dalmia Hajipur Chhapra 1

1 1 1 1 0

1 night shelter No information 1 night shelter 1 night shelter

0 1night shelter 1night shelter

Siwan Saharsa Total

1 1 48

0 1 night shelter 36 night shelters

Shelter has absolutely no facilities. Only for men and poor amenities in shelter. 1 temporary shelter No beds provided. No amenities. Very low occupancy. Night shelters are mostly temporary, with poor basic amenities. Absolutely unfit for use. Not a single 24 by 7 shelter exists.

0 1night shelter 46 night shelters (Also 23 temporary shelters operational)

17

Night shelter in Arrah, which has no permanent structure, no amenities. Straw provided on the floor to sleep. (As on 30th December 2011)

Concerns The rapid mapping of homeless has not been done in any of the cities. The shelters are located in zones away from the homeless concentration. • Several Shelters which were made long years back under the state “rain basera” programmes (as in pictures and now aborted), these are dysfunctional often used for tying animals, and have absolutely no facilities, are non functional and therefore cannot be called homeless shelters • The shelters are all night shelters and no single shelter is functional 24 hours a day. Most the shelters have very poor basic facilities. • Homeless are generally avoiding the shelters because of poor facilities. • Homeless have no information on where the shelters have opened and are unaware of the existence of the shelters. • No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others. Directions Sought • 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should full amenities and proper facilities at the shelters according the Supreme Court guidelines. 4) An initiative/campaign to commnicate to general public at large and homeless in particular about the shelters and their use needs to be undertaken 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. ( Refer to Annexure Pg10 to Pg20)

18

CHATTISGARH
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. 3 night shelters (1 shelter locked during inspection and 1 building could not be found.) No. of shelters under construction None Level of basic amenities in shelters Observation and concern

Raipur

7

Poor

Non functional shelters which no one is aware of. No separate shelter for men and women. Shelters were not in use at the time of inspection on 30th December 2011. The shelters have very poor sanitation facilities. Very low occupancy as homeless do not know about the shelters. 1 shelter could not be located. Shelters were used by travelers and students. No homeless persons were there at the time of inspection or were even aware of such a facility.

Bhillai

6

4 night shelters (2 shelters closed at time of inspection)

None

Poor

Durg

2 night shelter

Korba

1 night shelter

None

Poor

Average occupancy of 5 persons reported, and homeless persons do not know about this shelter. Shelter is in use but there were no persons were there though at the time of visit. Shelter is not used by homeless people but travelers and homeless are not aware of this facility Women do not stay here due to lack of safety. 5 persons were there at the time of inspection.

Ambikapur

1 night shelter

None

Raigarh

1 night shelter

None

TOTAL

13

7 night shelters*

*State has constructed 5 shelters in other towns such as raigarh, ambikapur as shown in the above chart.

19

Locked night shelter in Bhilai and locked shelter in Raipur ( Picture taken on 28th December 2011)
Concerns: • • There is a serious mismatch between the number of shelters provided by the state in its affidavit and the actual ground realities. Shelters are locked, homeless people are not aware about the facility, services are poor, and therefore even the minimal shelters, far to inadequate in numbers do not serve any needs of homeless. The 4 shelters in Bhilai were found locked at the time of inspection and there were no one nearby who could be asked about the functioning. (refer to annexure pg 21-25) The shelters are used by all other people, except homeless for whom the shelters are built. Women tend to avoid the shelters due to lack of safety , and no woman caretaker being present in the shelters. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

• • • •

Direction sought 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.

20

DELHI
Name of City No. of Shelters Needed No of Shelters as per the ground verification by Advisor , NGOs and their teams. Out of 64 shelters, 42 permanent shelters, 21 closed at the time of survey and 1 could not be located. No. of shelters under construction Level of basic amenities in shelters Observation and concern

New Delhi

129

Poor

The 21 shelters are underutilized and in majority cases locked. Homeless are not aware of those shelters. Shelters are located in places which are too difficult to identify. The occupied shelters are only for men and no separate space for women in those. The basic amenities provided in the shelters are very poor.

TOTAL

129

64 night shelters

Please refer to Annexure pg 25 to pg 33 Concerns: • Of the 64 shelters 42 are running, 21 are closed and one could not be located. Of these 42 running shelters, there are 7 shelters with usage of nil (zero), and 8 shelters had occupancy of less than 7. NDMC area has no permanent shelters & only 1 tent shelter for women. As proposed in the table above, NDMC areas need to provide more tent shelters immediately, & permanent ones within 1 year. At present 42 permanent shelter homes are operating in Delhi. But again starkly, at the time of survey on December 2011 of Permanent shelters homes for homeless citizens in Delhi, all were found locked. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

Directions Sought 1) All the shelters should be opened at the earliest. All shelters should be 24 hour permanent shelters functioning all through the year.

21

2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) NDMC area needs urgently a shelter space, as there are homeless persons residing in NDMC area and current shelters are too far for them to access. 4) There should be proper facilities at the shelters according the Supreme Court guidelines. 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. 8) Reasons for non-occupancy of shelters are poor amenities, location of shelters in inaccessible areas, misbehavior of caretakers etc. All these issues should be taken into consideration. Empty shelters should not be portrayed as the lack of demand from the homeless population.

22

GUJARAT
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. 1 night shelter

No. of shelters under construction 44 1

Level of basic amenities in shelters

Observation and concern

Ahmadabad

45

Poor Good

In 11 places work has been currently stopped. Two new night shelters that have opened after June 2011, are charging Rs.100/person/night. Night shelter work has been stopped due to public opposition There are no separate facilities for men and women. Shelters are situated in very unsuitable locations (above a Pay and Use toilet complex). Night shelters in very poor condition, not fit for use.

Bhavnagar

6

4 night shelters

Vadodara

15

None

14

------

Surat

29

3 night shelters

22

Poor

Rajkot

10

2 night shelters

6

Poor

Jamnagar TOTAL

6 112

0 10 88 under construction

Concerns • In Ahmedabad, the existing shelters continue to have no occupancy due to poor publicity and resistance of shelter operators to host ill, old or destitute in the shelter. Majority of new shelters are under construction are under flyovers , some vacant spaces in the city and were still not operational. The shelters are needed in areas where there is a concentration of homeless. In cities of Vadodara, Rajkot construction work of the shelters has been stopped due to protest from general public, shopkeepers and corporators. There have been no alternative spaces identified for homeless and the large number of migrant populations in these cities. There is no outlay in the budgets for running of these newly constructed shelters. In absence of any resource support or plan from the government, these shelters willnot be operational or serve those for whom these services are targeted towards.

23

• • • •

There needs to be a detailed mapping undertaken of the homeless before the identification of sites for shelter construction. There is no publicity of the homeless shelters , locations and services. omeless are being charged excessively (Rs 100) in shelters of Bhavnagar. This should be immediately stopped. All shelters are should become 24 hour shelters with basic amentities of beddings, toilets, water facilities, first aid and linkages for medical referrals.

The only functional night shelter in Ahmedabad as on 20th December 2011.

Directions Sought: 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.

24

JHARKHAND
Name of City No. of Shelters Needed in cities No of Shelters as per the ground verification by Advisor , NGOs and their teams. 6 night shelters No. of shelters under construction Level of basic amenities in shelters Observation and concern

Ranchi

9

None

All shelters were closed and locked because the space in the shelters was very less. No amenities. The capacity of the buildings are not more than 35 persons. Average Opened one shelter after the last order, hoardings, announcements have been done about the shelters. More shelters need to be opened at the earliest. Poor Poor amenities make these shelters unfit for use. Location of these shelters in indecent locations. Opened just a week ago. No electricity and water makes this shelter unfit for use. None of the shelters are 24 by 7 operating ones.

Jamshedpur

11

1 nightt shelters

None

Dhanbad

11

1 night shelter

None

Chaibasa

17 permanent shelters *

None

Deoghar

1 night shelter

none

Poor

Total

31

8 night shelters

*17 shelters in Chaibasa were built during undivided Bihar and in no way qualifies as night shelters. Poor amenities
and location in places unfit for human habitation such as cremation ground etc makes the homeless avoid these shelters.

25

Shelter at AG More, Ranchi and Dhurwa bus stand put to other uses and not being used by homeless people. The Dhurwa shelter is used by baraatis and other travelers. Picture t on 28th December 2011. Concerns • • • • • The rapid mapping of homeless has not been done in any of the cities. The shelters are located in zones away from the homeless concentration. The shelters are all night shelters and no single shelter is functional 24 hours a day. Most the shelters have very poor basic facilities. Homeless are generally avoiding the shelters because of poor facilities. The shelters are of permanent structure but built in locations which are away from homeless concentrations and sometimes indecent locations such as near cremation grounds etc. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

26

Homeless taking shelter under verandah of shops near Hanuman/Kali Mandir Main Raod, Near Daily Market, Ranchi-2. Picture taken on December 28th 2011 by State Advisor’s Office in Jharkhand.

SHELTERS AT CHAIBASA

Shelters at Chaibasa – narrow and with no doors. The first picture is that of a shelter approx. 6.5’ width and 20 to 25 feet long. Almost like a cell in jails.

Directions Sought1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.
27

KARNATAKA
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. 6 night shelter No. of shelters under construction Level of basic amenities in shelters Observation and concern

Bangalore

57

None

Poor

Number of shelters extremely low. People are not aware of the shelters. Same shelter being used by men and women. In one shelter there are women with children.

Mysore

8

2 night shelter

None

Mangalore

6

1 night shelter

None

Poor

Shelters are only for men. No shelters for the other categories. Very low occupancy due to poor amenities and lack of publicity.. Process is on to hand over the management to an NGO through Tender process. Very low occupancy due to lack of publicity and poor amenities in shelter. Management is given to two different NGOs after making an MoU. Tender process was done prior to that

Hubli-dharwad

8

1 night shelter

None

Bellary

1 night shelter

None

Devanagare

1 night shelter

None

Gulbarga

2 night shelter

None

Belgaum

1 night shelter

Poor

Very low occupancy, and only for men. Lack of publicity for all shelter homes. Total occupancy in all the shelters is only 190.

TOTAL

79

15 night shelters

Concerns: 1. The Government is not clear on the concept of Urban Homeless completely. 2. No clarity/ambiguity on the implementation of the process and also funding sources.
28

3. Issuing ID card prior to admission has restricted & restriction of taking only surveyed people has restricted the new people. 4. No Motivation/Awareness program or counseling service for the UH to make use of the Shelter Home services completely.(Fear of Anti-Beggary drive). 5. Shelters have very low capacity and can accommodate only 35 persons in average. 6. No referral services except in two centers. 7. Have not followed all the guidelines as given by SC. 8. No regular & complete staff to take care of the shelter. No 24hrs. X7 staff, but only Nights some security is provided. 9. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.
(Attached for reference in annexure Pg 34, RTI responses received on status of shelters.)

Directions sought
1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.

29

MADHYA PRADESH
Name of City No. of Shelter s Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. No of shelters as per affidavit submitted on 3rd January 2012 No. of shelters under construction as per affidavit of January3,201 2 11 Level of basic amenities in shelters Observation and concern

Bhopal

15

4 night shelters

4 night shelter

Poor

No separate shelters for women, this restricts women from using the shelters. Shelters do not reach out to the homeless. Mostly used by travelers and other people. 4 temporary shelters also exist. No 24 hour shelter operating. Shelters are only for men. Amenities in the shelters are very poor. Not a single 24hour shelters is operational. Amenities in the shelter are very poor. No proper facilities and services provided in the night shelters. No separate shelters for women. Homeless avoid the shelters due to poor amenities. Poor amenities and services make the homeless avoid the shelters. No 24by7 shelter and condition of existing night shelter is extremely poor. No beds and mattresses provided. Food not given to homeless. No linkage with health facilities. No separate space for men and women. Very poor referral services. No beds and mattresses provided. Food not given to homeless. No linkage with health facilities.

Indore

17

2 night shelter

2 night shelter

15

Poor

Jabalpur

11

2 night shelters

2 night shelter

9

Poor

Gwalior

9

2 night shelter

2 night shelter

7

Poor

Ujjain

5

1 night shelter

1 night shelter

4

Poor

Khandwa

2

1 night shelter

1 night shelter

1

Poor

Burhanpur

2

1 night shelter

1 night shelter

1

Poor

Ratlam

3

1 night shelter

1 night shelter

2

Poor

Dewas

3

1 night shelter

1 night shelter

2

Poor

Sagar

3

1 night shelter

1 night shelter

2

Poor

Katni

2

1 night shelter

1 night shelter

1

Poor

30

Rewa Singrauli Satna

2 2 3

1 night shelter 1 night shelter 1 night shelter

1 night shelter 1 night shelter 1 night shelter

1 1 2

Poor Poor Poor

Amenities in the shelter are very poor. Number of shelters extremely low. No beds and blankets provided. Money being charged from inmates. Number of shelters extremely low. People are not aware of the shelters. Very rude staff for which homeless avoid shelter. Caretaker charges money for accessing shelter Shelter space is extremely small. Not fit for accommodating even 50 persons. Poor amenities. Poor amenities make the homeless avoid the shelters. Number of shelters extremely low. People are not aware of the shelters. Homeless are not aware about the shelter. Poor amenities make the homeless avoid the shelters. Shelter space is extremely small. Not fit for accommodating even 50 persons. Poor amenities. Number of shelters extremely low. People are not aware of the shelters. Very small spaced shelter with poor amenities.

Muraina

2

1 night shelter

1 night shelter

1

Poor

Bhind

2

1 night shelter

1 night shelter

1

Poor

Shivpuri

2

2 night shelter

2 night shelters

0

Poor

Guna

3

2 night shelter

2 night shelters

1

Poor

Vidisha

2

1 night shelter

1 night shelter

1

Poor

Mandsore

2

1 night shelter

1 night shelter

1

Poor

Nimach

2

1 night shelter

1 night shelter

1

Poor

Damoh

2

1 night shelter

1 night shelter

1

Poor

Chattarpur

2

1 night shelter

1 night shelter

1

Poor

Chindwara

2

1 night shelter

1 night shelter

1

Poor

TOTAL

100

32 night shelters

32 night shelters

68 under construction

Concerns
• • • The shelters which were open in Indore are not used by the homeless people. They are used by travellers and students largely. There are 3 shelters in Dewas. They were all closed at the time of the survey. We have been told that 2 new buildings are being built for shelters in Dewas. Capacities of the shelters are not in accordance with the norm of 100 persons per shelter. Most of the shelters have the capacity of 20-25 persons on an average.

31

• •

The level of amenities and services provided in the shelters is very poor. This is one of the main reasons for which homeless avoid the shelters. Lack of linkages with health facilities and referral services. There have been homeless deaths due to cold in the various cities of Madhya Pradesh. (see annexure pg: 35 ) No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

HYGIENE AND AMENITIES IN SHELTERS

Condition of lockers in shelter at Ujjain and Poor Hygiene condition in shelter at Indore. Pictures taken on 28th December 2011. TEMPORARY SHELTERS

Locked temporary shelters in Indore and Bhopal. Pictures taken on 28th December 2011.
32

Directions Sought:
1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) No homeless person should be asked for identity proof for accessing the shelters. 5) No one should be charged money to stay and use the shelters. 6) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. 7) There should be proper awareness amongst the general people about homeless and their shelter requirements. The government should undertake sensitization drives to make the common public aware of this issue so that they are not apathetic towards the homeless. 8) Denial of entry into the shelter because of lack of proof of identity should be corrected. 9) There is need to spread of awareness of the Supreme Court Orders on the Homeless issue. These should also be displayed inside the shelters.

33

MAHARASHTRA
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. 0 No. of shelters under construction Level of basic amenities in shelters Observation and concern

Greater Mumbai

165

8 are planned to be started but not done till December 30th 2011 None None None None None None

No shelters in place

There is a lot of resistance from local people and corporators against opening of homeless shelters.

Nagpur Nasik Pune Amaravati Aurangabad Bhiwandi

22 12 38 6 9 7

0 0 0 0 0 0

No shelters in place No shelters in place No shelters in place No shelters in place No shelters in place No shelters in place 1 shelter in Bhivandi is yet to be inaugurated.

Kolhapur Solapur Mirabhayandar Nanded TOTAL 5 284

5 9 6

0 0 0 0 0

None None None None

No shelters in place No shelters in place No shelters in place No shelters in place

The state has consistently shown willful disobedience. Concerns

BMC built 2 shelters in Greater Mumbai. 1 shelter in Bhivandi is yet to be inaugurated. 1 more shelter was built in Dombivali-Kalyan, which never saw the light of the day because the area MLA went against it ( Eknath Shinde, MLA-Shiv Sena). Dombivali-Kalyan municipal corporation hastily renovated a closed old transit camp and tried converting it into the shelter for the homeless citizens. Apparently Mr. Shinde was unhappy because this shelter was built without his consultation. Maharashtra state has stated in its recent affidavit to the SC that the state would build 27 shelters in 15 cities by 31st October 2011. State has only taken efforts in issuing directives to the municipal corporations. Not a single shelter is in operation.
34

No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

Directions sought 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. 8) Denial of entry into the shelter because of lack of proof of identity should be corrected. 9) There is need to spread of awareness of the Supreme Court Orders on the Homeless issue. These should also be displayed inside the shelters.

35

ODISHA
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. 2 temporary night shelter shelters under construction Level of basic amenities in shelters Observation and concern

Bhubaneshwar

7

4 sites identified

Poor

Very low occupany due to lack of amenities. Homeless people are not aware about these shelters. Earlier temporarily opened shelter also closed down. Homeless people are not aware about this shelter. Community persons take charge of the shelter voluntarily. Lack of publicity for all shelter homes. Total occupancy in all the shelters is only 190.

Puri

2

No night shelter

2 sites identified

Poor

Cuttack

6

2 temporary night shelter

none

Poor

TOTAL

15

4 temporary night shelters

Night shelter in Bhubnaeswar & Toilet facilities available there as on December 30th 2011.

36

Night Shelter in Cuttack City

Concerns: • • • • None of the night shelters running properly. Earlier a night shelter was identified in Puri. Presently that is not absolutely fit for use. Despite the SC directives, not a single city corporations has been able to manage for constructing a single permanent shelter in their respective area for the homeless. The level of basic amenities and services provided in the shelters is very poor. Lack of health facilities at the shelter and no referral services provided at the shelters. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

Men and women occupying same shelter. No beds and mattresses provided. Lack of Amenities in the shelter. Picture taken on 30th December 2011 by Orissa State Advisor’s Office and Actionaid.

37

Homeless sleeping in the community centres in Bhubaneshwar. No lights, no beds and mattresses. They have their own blankets. Picture taken on December 30 2011.

Directions sought
1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) No one should be charged money to stay and use the shelters. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.

38

RAJASTHAN
Name of City No. of Shelters Needed No of Shelters
as per ground verification by Advisor , NGOs and their teams.

As per affidavit submitted on January 2012 10

No. of shelters under construction as per affidavit

Level of basic amenities in shelters

Observation and concern

Jaipur

30

10 permanent shelters and 16 temporary.

15

Poor.

Shelters are reachable only to a small percentage of homeless. Charging of fees, demanding ID cards from the occupants , poor amenities make the homeless avoid the shelters.

Ajmer Bikaner Jodhpur Kota Bhilwara Pali Hanumangar h Sriganganaga r Sikar Alwar

10 7 11 9 4 2 2

0 0. 0 No information No information No information 4 permanent shelter 1 permanent shelters No information 3 permanent shelter No information No information No information No information No information No information 18 permanent night shelters.

0 0 0 10 3 2 4

3 3 7 6 2 1 1 Poor Lack of security in shelters. Poor amenities. Poor No shelter

3

1

2

Poor

Poor amenities make the homeless avoid shelters.

2 3

2 3

1 2 Poor. No separate facilities for men and women.

Churu Bharatpur Jhunjhunu Tonk Beawer Kishangarh Total

1 3 1 2 2 2 90

1 3 1 1 2 1 44 night shelters

1 2 1 1 1 1 50 night shelters

39

Torn beddings and mattresses lying undistributed. People sleeping on floors at another shelter in Jaipur. Picture taken on December 30th 2011 by State Advisor’s office in Rajasthan.

Shelter near Railway station in Jaipur. No beds provided. Non availability of blankets reported by occupants. People cooking in their own effort in the shelter at Amer, Jaipur.Picture taken on 30th December 2011

Concerns • The locations of several night shelters are arbitrarily decided. It appears that several shelters have been opened more as a matter of formality so as to comply with the SC orders on paper rather than keeping in view the needs of the homeless. The total capacity of all 28 shelters in Jaipur is only 1100 homeless. This is extremely inadequate. More people are outside the night shelters than inside. No mapping of homeless concentration zones was done in any of the cities. Currently structures and facilities are not need-based. The required flexibility in terms of bedding etc is not there. It is necessary that appropriate measures are taken to ensure that the basic facilities like bedding, toilets etc are not only universal but are also as per the needs.

• • •

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• • • • •

In places where there are shelters, homeless are avoiding them due to ill treatment from the caretakers and staff. There are serious lack of facilities in the shelters of Jaipur. There are no beddings, no locker facility and places to keep goods securely, no separate toilet facilities for men and women. In Jaipur all the shelters are night shelters , and not a single 24 hour shelter is in operation. Also majority of the shelters are temporary in nature. Shelters are located in remote locations which homeless avoid. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

Directions Sought 1) The number of shelters is not as per norms. The government must immediately take measures to open the shelters as per norms of one per lakh of population. 2) Rapid mapping should be undertaken at the earliest and shelters built at the concentration zones of homeless population. 3) People are not well aware of the shelters. There should be regular surveys in collaboration with NGOs and all those found on the pavements should be put up in the shelters. 4) In none of the shelters de-addiction and entertainment facility has been found. Also only one shelter there is a provision for keeping belongings securely. These have to be ensured with immediate effect. 5) None of the residents have been provided with identity cards. There should be a uniform policy for entry. And entry should be ensured to all. 6) No homeless person should be asked for identity proof for accessing the shelters. 7) No one should be charged money to stay and use the shelters. 8) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. 9) There should be basic amenities present in all the shelters as per the SC guidelines.

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TAMIL NADU
Name of City No. of Shelters Needed in cities No of Shelters as per ground verification by Advisor , NGOs and their teams. 12 (functional) 3 (proposed) No. of shelters under construction Level of basic amenities in shelters Observation and concern

Chennai

66

none

Coimbatore

15

4 night shelters

None

A rough mapping of civil society points out 5132 families where as the survey of corproation of chennai is 2586 families. All shelters are night shelters. Complaints that the one shelter had food crisis. homeless fear eviction to permanent housing that is more than 30 kilometers from their place of habitation . All are night shelters. Men and women stay in the same shelter. some specialized shelters function during the day. The 24 hour shelter has separate facilities for women. Another shelter is a night shelter. Average No separate shelter for men and women No separate shelters for men and women No separate shelter for men and women

Madurai

12

1night shelter and 1 24by7 shelter.

None

Tiruchirappalli

9

1 night shelters

None

Salem

8

1 night shelters

None

Average

Tirupur

6

1 night shelters

None

Average

Total

116

22 night shelters *

*the government has expanded shelters to other cities such as Vellore, Erode, Tirunelvelli without completing the
previous requirements.

Concern
• The homeless intervention in Tamil Nadu is spread across the various city and municipal corporations. There is no uniformity in the implementation of homeless shelters across the state –

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• • • • • •

there is a need or state level coordination/programme across the state of TN. Of the 116 shelters to be established across the state only 22 are in place as of now. The shelters are functioning only as night shelters not as 24 hours shelters as stated in the SC guidelines Men and women are accommodated in the same shelters and this can lead to further problems regarding maintenance of the shelters Children are accommodated in shelters and this should not be encouraged. There is no community consultation process in identification and implementation of the shelters for the homeless. The current population of homeless in Tamil Nadu is grossly under estimated in the affidavit submitted to the Supreme Court. No separate shelters for women and children, and special categories of homeless such as mentally and physically challenged and others.

Source: The Hindu December 15th 2011 reporting that Woman stays without food in a shelter for a week, Family shelter lacks basic amenities

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News Clips showing that homeless are sleeping in the streets in the monsoon season, and lack of basic facilities in the shelters in Chennai. Homeless people pay upto Rs.50 to shopkeepers to sleep in the dry premises of the shops during the long monsoons in Chennai.

Source: Indian Express November 30th 2011

Directions Sought 1) All the functioning night shelters to be immediately upgraded to permanent shelters. New shelters to be opened at the earliest in the rest of the cities. 2) Mapping of homeless should be done immediately. The current population of homeless in Tamil Nadu is grossly under estimated in the affidavit submitted to the Supreme Court. 3) There should be separate shelters for men and women. 30% of the total shelters built should be for the vulnerable amongst the homeless as per SC orders. 4) Level of amenities present in the shelters is good particularly in Madhurai. In all the shelters to be opened the level of amenities should be good so that homeless can come and stay in those shelters with dignity. 5) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 6) No homeless person should be asked for identity proof for accessing the shelters.
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7) No one should be charged money to stay and use the shelters. 8) There should not be relocation of the homeless people to shelters or permanent housing which are more than 2kms away from their earlier location.

Miserable conditions of the homeless during the monsoon. The picture shows that they are staying with their families beside an open drain in Chennai.

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UTTAR PRADESH
Name of City No. of Shelter s Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. No. of shelters under constructio n Level of basic amenities in shelters Observation and concern

No. of shelters as per affidavit submitted by state on January 2012. 9 night shelters

Agra

14

2 night shelter

1

Poor

No homeless has been residing due to lack of information about shelters. Shelter at Tajganj used by travellers. Average capacity of the shelters is 15 persons. Four shelters have very low occupancy due to lack of amenities such as beds and blankets, water and functional toilets. No referral services provided. Shelters are located in zones of concentration. But wrong sites have been identified such as cremations ground for building shelters which results in low occupancy. Out of the 12 night shelters, 2 could not be located. Very poor amenities are being provided at the shelters. In most of the shelters there are linkages with health facilities. No food is being provided in the shelters. There is only one night shelter . Zero occupancy in the shelters, with only 3 people in one of them. Lack of amenities such as beds, water, toilets, lockers etc. Two permanent shelters are not operational yet.

Allahabad

11

7 night shelters

0

Poor

10 night shelter

Kanpur

28

13 night shelters

1

Poor

11 night shelters

Lucknow

23

12 night shelters

10

Poor

14 night shelters

Meerut

12

0

9

Poor.

12 under construction 4 night shelter

Varanasi

12

6 night shelters

0

Poor

Aligarh

7

2 night shelters

2

Poor

5 night shelter

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Bareilly

8

4 night shelters

5

Poor

Shelters constructed one week back so no one aware of these shelters.

3 night shelter

Ghaziabad

10

No information

No information 0 Poor Money being demanded from the occupants. 5 shelters are located out of city limits and 1 which is in the city is a temporary shelter.

11 night shelter

Gorakhpur

7

6 night shelters (out of which 1 was locked ) 6 night shelters

7 night shelter

Moradabad

7

1

Poor

6 night shelter

TOTAL

139

58 night shelters

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80 night shelters 67 shelters are under construction. They have 76 temporary shelters operational as per last order.

Concerns • Most of the shelters (80%) of these were just completed a week prior to 31st Dec’11 under the Court case pressure and hence no one is aware of the shelters. • Except in very few cities like Kanpur, Lucknow none of the shelters have arrangements for women. One shelter , only for women is under construction in Moradabad. None of the shelters have facility for children and for people with disability. • The capacity of shelters is low in most of the cases. Few like one in Lucknow and Kanpur cannot house more than 10 people and few can house 100 as has been prescribed by the Court. • The issue of identification of location of the shelter and its proximity to homeless population is another area of concern as many are out of reach for homeless. • Community kitchen is not functional in any of the shelters. • No provision for maintenance of newly constructed shelters. Nagar Nigam in Lucknow has just deputed security guards for it but no other staff and maintenance is being provided for it. Nagar Nigam has approached Vigyan foundation for the taking up the charge of 4 shelters in Lucknow. • The involvement of profit oriented private companies like A_Z in Kanpur is another grave concern because they are using the shelters for their own purposes and homeless are sleeping outside the shelter.

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Kanpur shelter home- no beds, mattresses and basic facilities. Outside the shelter homes exists filthy conditions.

Varanasi raen basera (shankul sanskritik bhawan) with no basic amenities and Meerut shelter home which is built of only tin structures and temporary material. (Picture taken by State Advisor’s Office in Uttar Pradesh on December 30th 2011) Allahabad night shelter with no basic amenities. Homeless are avoiding the shelters due to lack of facilities provided.

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Directions Sought 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines 5) No homeless person should be asked for identity proof for accessing the shelters. 6) Regular supervision of shelters should be done by senior officials so that homeless are treated with dignity. 7) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless.

News clips of January 2nd 2012 showing that raen baseras would be put to other uses other than homeless shelters in Allahabad.

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UTTARAKHAND
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. No. of shelters under construction Level of basic amenities in shelters Observation and concern No of shelters as per affidavit submitted on January 6th 2012

Dehradun

6

1 night shelter

None

Poor

No separate facility for women and disabled. The inmates have to pay Rs.5 to access the shelter. The level of amenities provided is very poor. No kitchen, toilet etc. No separate space for women. No electricity in shelter and inmates depend on street lights. No information.

1 night shelters

Haridwar

3

2 night shelters

None

Poor

2 night shelters

Nainital

3

No information

No information

No information

0

TOTAL

12

3 night shelters

3 night shelter*

*they have 1 shelter in Haldwani which is renovated and opened after intervention of DM with no occupancy. Concerns • • • • • Shelters in Haridwar are temporary shelters which do not run all through the year. They should be made into permanent 24 hour shelters. Mapping of homeless concentration zones have not been done in any of the cities. Women are avoiding shelters because there are no separate facilities for women in the shelters. Homeless people in Dehradun are paying to the caretaker for using the shelters. The level of amenities and services provided at the shelters are very poor for which the homeless avoid staying at the shelters. Directions sought 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) No homeless person should be asked for identity proof for accessing the shelters. 5) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. 6) A communication campaign among the homeless persons, and in general public, training of personnel needs to be urgently undertaken, post the refurbishment of shelters as per SC guidelines
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WEST BENGAL
Name of City No. of Shelters Needed No of Shelters as per ground verification by Advisor , NGOs and their teams. No. of shelters under construction Level of basic amenit ies in shelter s Observation and concern Number of shelters as per affidavit filed on January 5th 2012

Kolkata

132 (including Howarh)

0

3 shelters proposed

Till date no shelters are in operation. Renovation work is going on in the shelters of Chetlahat and Beliaghata but are far from operational.

In Kolkata there are 2 running shelters and 3 shelters are being renovated. Capacity of the operational shelters are 40 each.

Howrah

0

2 shelters

Shelter has been handed over to NGO called SEED. Homeless families who were evicted were staying in this shelter. later when men were not allowed to stay in the shelter, women and children were also not willing to stay in that shelter. Presently this shelter is locked. 1 night shelter Capacity is 60 persons, only for men. 3 night shelters which are run on a PPP mode.

Asansol

11

0

1 under renovation

TOTAL

143

No shelters

The state shows consistent willful disobedience.
Concerns: • • Apart from Bagbazar shelter (which can be started from January, 2012, no shelter in Kolkata is ready for implementation of homeless scheme. There are no services for the homeless people of the city during this winter. Many children are not having proper clothing and suffered from severe cold (Annexure 1: photographs of the areas). Many places people do not have a single plastic sheet to cover themselves and no alternative place to take shelter. (Annexure 2: Figures of children under open air) In Kolkata, Shelters have been made mainly for women and children but the male partners or the male family members have been excluded. The consequences of these broken families can lead to further problems and will be very negative especially on the children. Special residential schools for the homeless children has not been linked up with these shelter, proposed ICDS centres (within the high concentration zones of homeless population) has not been proceeded further. In spite of the joint inspection from the Social welfare Department and the civil society organizations.
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Special mention: The State Government has formulated homeless shelter scheme for the State to ensure uniformity of the shelters which needs special mention.

Homeless sleeping out in the open in the streets of Kolkata. Picture taken by State Advisor’s office on 21st December 2011.

Shelter at Galiff Street of Kolkata- shelter is only line a long corridor kind of a structure with no basic facilities and maintenance.(as on 22nd December 2011).

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Shelter under construction in Howrah

and

Locked gate of inaugurated shelter in Howrah.

(Picture taken by Actionaid and The Calcutta Samaritans on 22nd December 2011)
Directions sought 1) The state should immediately undertake the rapid mapping in all the cities and locate zones of homeless concentration. Shelters should be built only in such zones. 2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24 hours a day and should not function as night shelters. 3) There should be proper facilities at the shelters according the Supreme Court guidelines. 4) No homeless person should be asked for identity proof for accessing the shelters. 5) No one should be charged money to stay and use the shelters. 6) There should be separate shelters for men and women. Also 30% of the total shelters should be reserved for the special category of homeless. 7) The state has a Model Shelter Scheme which should be modified in accordance with that of the Supreme Court orders. Though the scheme is laudable in terms of the budget and other details that it speaks about, it should also incorporate other major details about provision of food, lockers, parking space and other basic amenities needed at the shelter.

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Chapter 4

Recommendations of Commissioners and Directions Sought from the Court

Two years have elapsed since the Court first directed the States to act in favour of homeless persons of the country; one winter has given way to another and to another; monsoons have come and gone by. Several more deaths on the streets have taken place, several more people have been rendered homeless on account of a model of urbanization that leaves the poorest and most excluded women and men, to the perils of exploitation on the streets, to hunger, destitution and complete marginalisation. In this long time period, the states, as is evident from the data have not acted. In almost all states homeless persons, continue to sleep on the streets, continue to lead a life of exclusion and destitution. Most states governments continue to show poor compliance to the directions of the Supreme Court. During this period, the Honourable Supreme Court has reviewed the case on more than 10 occasions and has periodically guided the governments, with support from office of the Commissioners of the Supreme Court, to ensure implementation of the SC directions. Despite a “people progressive” and strong stand taken by the Honourable Supreme Court and one which will go down in annals of jurisprudence, nationally and internationally, as one of the most progressive stands for the poorest and most excluded peoples, Governments have continued to drag their feet, filibuster and treat this matter in an unaccountable and casual manner, at a huge cost and humiliation to one of the most deprived sections of the society in independent India. Based on the State submitted affidavits, there are variations in both the numbers of shelters as well as on the location of shelters, resulting in homeless persons not being benefitted by the schemes. Therefore immediate steps to redress the situation are needed, and the Commissioners recommend to the Hon’ble Supreme Court to intervene strongly in defence of voiceless and one of the most deprived sections of our Society. The Commissioners further petition that such action needs to be directed from the highest levels within the State Governments, in the spirit of principles of responsibility and accountability enshrined in the very foundation of a welfare state. Poorly performing States must be directed to prioritise action at the highest level and at the earliest, earmark funds, set in a place an institutional mechanism and implementation guidelines to act. States may seek guidance from the Commissioner’s office, and report back to the Supreme Court at the next hearing on what progress has been achieved.

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Specifically the following are the recommendations and prayers to the Supreme Court

1. Summon the Chief Secretaries of Poorly performing states and those that have demonstrated willful negligence to the next hearings of the Supreme Court and present what action has been taken in the period between this hearing and the next. 2. Direct the state governments to act with utmost priority in implementing the directions of the Supreme Court which are the following:

a. Plan for and undertake construction of the numbers of day and night, permanent shelters in accordance with the norms laid out by the Supreme Court – one shelter with space for 100 persons (or two with space for 50 persons each) per one lac urban population to be constructed be in compliance of the Supreme Courts Orders, in the next two months. b. Carry out rapid concentration mapping of homeless population, and resource mapping in order to determine the locations of such numbers of shelters, city wise across the state. c. Locate the shelter within close proximity to the areas of concentration of homeless persons, and in no case beyond a 2 kilometer radius. d. Ensure appropriate communication to groups of homeless persons on the availability, purpose and facilities at such shelters, and also promote awareness campaigns within the wider society on this programme. e. Provide basic facilities and amenities at each shelter such as – adequate space, beds, blankets, mattresses, lockers, electricity and lighting, adequate ventilation, heating and cooling arrangements, adequate no of toilets and bathrooms, kitchen and food facilities, space for recreation, first aid facilities, identity cards, PDS coverage, linkage to cremation services etc. f. Ensure separate shelters for homeless women, with provision of adequate security, crèche and child care facilities, and counseling services in addition to the other basic amenities and facilities outlined in the earlier orders of the Supreme Court.

g. As per the earlier orders of the Supreme Court reserve at least 30% of the total number of shelters for groups with special needs such as the disabled and mentally ill persons, old age persons, and those with addictions, with special counseling and care facilities.

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h. Ensure that homeless persons are not required to furnish any proof of identity to enter and use such shelters, and are not levied user fees for staying in shelters.

i.

Ensure a transparent communication and publication of the programme and develop a system of periodic social auditing – guided by the section 4 of the RTI Act. Set up an institutional arrangement under the aegis of Urban Development Ministry / Department, to implement and manage the shelter and provision adequate financing for the one time construction and refurbishment costs and annual operational costs for each shelter.

j.

k. To set up a process to sensitise and build capacities of representatives of Urban Local Bodies, Municipal Authorities, local police and railway police personnel and representatives of other concerned departments with reference to implementation of this programme.

3. The Commissioners further recommend that States seek the support of Commissioners office to train and orient the senior personnel of the state with respect to the programme.

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