ORDER

1. In this writ petition, a report has been filed by the Commissioners in which it has been prayed that there is urgent need of night shelters in urban areas. In the report, it is prayed that the Centre and the State Governments be directed to provide permanent 24 hrs homeless shelters in the areas beginning with 62 cities and towns across India. In the report it is also mentioned that these homeless shelters need to be opened 24 hrs in all seasons, and should f have basic amenities to enable a life with dignity.

2. It is further incorporated in the report that winter is a period of severest crises for homeless people and it is directly life threatening, though all seasons pose threats to homeless people. Homeless people are subject to continuous violence and abuse. Living in the open with no privacy or protection even for women and children, is a gross denial of the right to live 9 with dignity. For this reason the Commissioners are convinced that unless directions are given by this Court, the problems would not be solved.

3. It is further stated in the report that the shelters should have the basic facilities, such as, beds and bedding, toilets, potable drinking water, lockers, first aid, primary health, de-addiction and recreation facilities. It is also mentioned that shelters must be in adequate numbers and in the ratio of at least one per lakh of population for every urban centres according to the Delhi Master Plan.

4. The matter was discussed and the learned Additional Solicitor General appearing for the Union of India submitted that all major cities, which have population of more than five lakhs, will be provided with night shelters in the ratio of at least one per lakh of population.

5. This Court issued notice to all the States and the Union Territories. In response to the notice, most of the States and the Union Territories have filed affidavits and their responses are as under.

State of Madhya Pradesh

6. The State of Madhya Pradesh has agreed to construct one night shelter for a population of one lakh in all urban centres. Further it has been directed that:

(i) All local bodies within their territorial limits will construct night shelters for homeless people;

(ii) Normally at least one night shelter in population of one lakh must be constructed and the homeless persons residing in the night shelters should be provided clean drinking water, light, toilet and provisions for their security;

(iii) During winter season proper arrangements may be made for fire with the funds of the local bodies and with the cooperation of the working social organisations blankets be also arranged for the persons staying in night shelters;

(iv) In coordination with the local health officer, urban bodies should make arrangements for investigation of health of all those poor persons staying in night shelters and will make arrangements for giving treatment in the government hospitals;

(v) As per the requirement of security of the goods of the poor persons residing in the night shelters, locker facility should also be provided;

(vi) Separate place be provided for men and women in night shelters;

(vii) At the local level all the urban bodies with the cooperation of the working social organisations should also make arrangements for the supply of food on reasonable rates to the poor persons residing in the night shelter;

(viii) The above arrangements may be immediately made in the night shelters which have been constructed earlier by the local bodies;

(ix) The State Government has directed that within six months, the Commissioners of Municipal Corporations and the Chief Municipal Officer, Municipality should make a survey of the homeless.

7. This affidavit filed by the State of Madhya Pradesh is very positive. We direct the State Government to start constructing night shelters for the homeless in a phased manner according to their affidavit and may submit the report in this Court within two months from today.

State of Nagaland

8. In the affidavit, which has b