Allahabad High Court orders Statewide exercise to identify homeless persons

The Allahabad High Court recently ordered a statewide exercise to identify the homeless persons in municipal limits and directed that they be provided with necessary relief in the form of shelter and health [Jyoti Rajpoot vs State of UP]..The division bench of Justice Rajan Roy and Justice Om Prakash Shukla said that four types of homeless persons, able, mentally ill, mentally retarded and differently abled, who may be found on the streets or elsewhere, may be identified in the exercise.“The Chief Medical Officer shall identify the aforesaid four category of homeless persons within the municipal limits of his district in cooperation with the local police. The Superintendent of Police/ Commissioner of Police shall ensure adequate co- operation by the local police in this regard. After identification of such persons, they shall be provided necessary relief whether it be of health or shelter under the relevant statutes or schemes as the case may be,” the Court ordered..It said the District Magistrates of each district shall oversee the entire exercise and co-ordinate with other authorities. The details regarding such persons and the succour provided to them shall be transmitted to the Director General of Medical & Health Services, the Court ordered.The Court also asked the police to ensure that such persons are treated humanely.“A report shall be prepared in this regard and placed before this Court on the next date through the Director General of Medical & Health Services (U.P.), Lucknow and the Director General of Police, U.P., Lucknow,” the Court directed further.The Court in particular ordered authorities in Lucknow to file a separate response since specific cases were highlighted relating to the city. .The order was passed in a Public Interest Litigation (PIL) petition moved by advocate Jyoti Rajpoot for rehabilitation of homeless persons in accordance with Rights of Persons with Disabilities Act, Mental Healthcare Act and the Central government scheme of Shelters for Urban Homeless.The Court examined the provisions of two enactments and observed that though there are certain mechanisms in place under them but “so far as the able homeless persons are concerned there appears to be no statutory provision though there is a scheme of the Central Government which they [State] accept has to be implemented by the State authorities and that there are certain shelter homes where such persons can be kept.”Article 21 of the Constitution of India entitles persons including the homeless to live a life with dignity, the Court said further."It is the State's duty to create requisite conditions for proper exercise of the right to have access to proper public health care and access to hospitals is part of such conditions," it added..Advocate Jyoti Rajpoot appeared in person.Advocates Isha Mitta and Nishant Shukla represented the State.[Read Order]