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2011 Supreme(SC) 1253
SUPREME COURT OF INDIA
Dalveer Bhandari, Deepak Verma, JJ.
People's Union for Civil Liberties - Petitioner
Versus
Union of India and others - Respondents
I.A. Nos. 94 and 96 in W.P.(C) No. 196 of 2001
Decided On : 19-04-2011
Advocate Appeared:
For the Petitioner: Mr. Colin Gonsalves, Sr. Adv. Mr. Divya Jyoti, Adv. For Ms. Jyoti Mendiratta, Adv.
For the Respondent: Mrs. Sunita Sharma, Adv. Mr. S.W.A. Qadri, Adv. Mr. D.L. Chidananda, Adv. Mr. A. Deb Kumar, Adv. Ms. Sushma Suri, Adv. Ms. Anil Katiyar, Adv. Mr. D.S. Mehra, Adv. Mr. B.V. Balram Das, Adv. Mr. Ranjan Mukherjee, Adv.(NP) Ms. Hemantika Wahi, Adv. (NP) Mr. Pragyan P. Sharma, Adv. For Mr. P.V. Yogeswaran, Adv. Ms. Indra Sawhney, Adv.(NP) Dr. Manish Singhvi, Adv. For Mr. Milind Kumar, Adv. Mrs. Aruna Mathur, Adv. Ms. Megha Gaur, Adv. For M/s. Arputham, Aruna & Co., Advs. Mr. Rahul Verma, Adv. For Ms. Rachana Srivastava, Adv. Mr. T.V. George, Adv.(NP) Ms. Kamini Jaiswal, Adv.(NP) Mr. Sapam Biswajit Meitei, Adv. For Mr. Khwairakpam Nobin Singh, Adv. Mr. S.J. Aristotle, Adv. Mr. S. Prabu Ramasubramanian, Adv. For Mr. V.G. Pragasam, Adv. Mr. Jatinder Kumar Bhatia, Adv. Mr. Pramod Swarup, Sr. Adv. Mr. R.K. Gupta, Adv. Mr. Rajeev Dubey, Adv. For Mr. Kamlendra Mishra, Adv. Mr. Gopal Singh, Adv. Mr. Manish Kumar, Adv. Mr. Gopal Singh, Adv. Mr. Abhijit Sengupta, Adv. Mr. C.S. Ashri, Adv.(NP) Mr. Bhaskar P. Gupta, Sr. Adv. Mr. Tara Chandra Sharma, Adv. Ms. Neelam Sharma, Adv. Mr. Anil Shrivastav, Adv.(NP) Mr. T. Harish Kumar, Adv. Mr. P. Parmeswaran, Adv. Mr. Prashant Kumar, Adv. Mr. Gopal Prasad, Adv.(NP) Ms. Anjana Chandrashekar, Adv.(NP) Mr. I. Venkatanarayana, Sr. Adv. Mr. Ramesh Allanki, Adv. for Mr. D. Mahesh Babu, Adv. Mr. Sunil Fernandes, Adv. Mr. Suhaas Joshi, Adv. Ms. Astha Sharma, Adv. Mr. Ramesh Babu M.R., Adv.(NP) Ms. D. Bharathi Reddy, Adv.(NP) Mr. Sanjay R. Hegde, Adv.(NP) Ms. Sumita Hazarika, Adv.(NP) Mr. Kamal Mohan Gupta, Adv.(NP) Ms. A. Subhashini, Adv. Mr. Kuldip Singh, Adv. Mr. Mohit Mudgil, Adv. Mr. Ravindra Keshavrao Adsure, Adv.(NP) Mr. Vishwajit Singh, Adv.(NP) Mr. Sanjay V. Kharde, Adv. For Ms. Asha G. Nair, Adv. Mr. K.V. Mohan, Adv.(NP) Mr.Atul Jha, Adv. For Mr. D.K. Sinha, Adv. Mr. Rajesh Srivastava, Adv.(NP) Mr. Anuvrat Sharma, Adv. Mr. K.N. Madhusoodhanan, Adv. for Mr. R. Sathish, Adv. Mr. R.C. Kaushik, Adv.(NP) Mr. Pradeep Misra, Adv.(NP) Mr. Venkateswara Rao Anumolu, Adv.(NP) Mr. B.S. Banthia, Adv. Mr. G. Prakash, Adv. Mr. Navnit Kumar, Adv. For M/s. Corporate Law Group, Advs. Mr. Anil Kumar Jha, Adv. Miss Chhaya Kumari, Adv. Mr. S.K. Divakar, Adv. Mr. Vikas Mehta, Adv.(NP) Mr. Naresh K. Sharma, Adv. Mr. Anis Suhrawardy, Adv.(NP) Mr. S.M. Jadhav, Adv. (NP) Mr. Suresh Chandra Tripathy, Adv. Mr. Edward Belho, Adv. Mr. Nimshim Vashom, Adv. For Mr. Balaji Srinivasan, Adv. Mr. Navin R. Nath, Adv.(NP) Mr. Aruneshwar Gupta, Adv.(NP) Mr. Vishnu B. Saharya, Adv. for M/s. Saharya & Co., Adv. Mr. S. Thananjayan, Advs.
Headnote:
Counseling of the shelter less people - Skill development training – Evidence – Acquittal - In pursuance to directions of this Court Chief Secretary Government of Rajasthan has filed an affidavit in which it is indicated that in pursuance to the directions of this Court, a Committee has been designated as Monitoring Committee to oversee overall working of Rain Baser as and to correct and remedy deficiencies found in Rain Baser – Held, In affidavit it is also mentioned that in respect of Braham Bangalore identification of land/places for night shelters is in process - A temporary night shelter has already been established in jurisdiction of Mysore City Corporation provided with 2 big halls with bathing and toilet facilities and same is functioning with assistance of NGO - After establishing night shelter facilities in all above mentioned cities following facilities have been commonly provided - In pursuance of direction of this Court passed Chief Secretary to Government of Karnataka has filed an affidavit - In affidavit details of deliberations between Special Commissioner and officials of Government of Karnataka have been mentioned and suggestions which emerged from deliberations have been indicated hereunder - Court are happy to learn that 140 night shelters have already been made operational in the State of Uttar Pradesh with basic amenities and facilities - State of Uttar Pradesh needs to be complimented to have taken problem of shelter less people in its proper perspective - Court direct State of Uttar Pradesh to construct the remaining night shelters as expeditiously as possible and all Endeavour must be made to complete them before – Order accordingly
ORDER :
MADHYA PRADESH :
1. In pursuance to the directions of this Court, Mr.Hiralal Trivedi, Commissioner, Department of Social Justice, Government of Madhya Pradesh, Bhopal has filed an affidavit on 28.02.2011.The State of Madhya Pradesh has undertaken to comply with the directions of this Court expeditiously. The Government of Madhya Pradesh has allocated more than twenty crores for construction of night shelters. As on 28.03.2011, out of total number of 100 night shelters with the State of Madhya Pradesh, 31 of them have already been constructed and remaining 69 night shelters would be constructed shortly.
2. The State of Madhya Pradesh is directed to construct the remaining night shelters as expeditiously as possible, in any event on or before 31.10.2011. Mr.Banthia, learned standing counsel appearing for the State submits that he would be filing the blue-print and lay-out of the night shelters within two weeks and there would be a joint inspection of the night shelters in the month of August, 2011.
3. We would like to record our appreciation for the very positive attitude adopted by the State of Madhya Pradesh in this connection.
RAJASTHAN :
4. In pursuance to the directions of this Court, the Chief Secretary, Government of Rajasthan has filed an affidavit on 06.04.2011 in which it is indicated that in pursuance to the directions of this Court, a Committee has been designated as Monitoring Committee to oversee the overall working of Rain Baseras and to correct and remedy the deficiencies found in Rain Baseras. The State of Rajasthan has earmarked Rs.10 crores for construction of 50 permanent shelters for homeless in various urban local bodies in the State of Rajasthan.
5. The petitioner, in his report, has highlighted some problems in the night shelters in the State of Rajasthan. The Chief Secretary, in his response in Annexure-A has indicated that most of the problems have been resolved. Earlier, in the night shelters they were charging money for taking bath in Sulabh toilets. In response to that it was stated that the officials of the Rajasthan Government had deliberations with the Sulabh International and it has been assured by them that in future Sulabh shall not charge any fee from the persons having tokens issued by the night shelters. Tokens are given to the persons living in the Rain Baseras or night shelters.
6. During the inspection, the space for putting by the travelers in Rain Baseras was found to be deficient at many stages. Even that problem has now been taken care of. The other main problem highlighted in the report was regarding cleanliness. In response to that it has been stated that the Government, in order to ensure cleanliness, has given directions in this regard to the Chief Sanitary Inspector to ensure cleanliness and prevent any garbage dumping by vendors/pull-carters etc. The problem of inadequate toilets has also been taken care of by providing additional mobile toilets arranged in accordance with the availability of space. Necessary arrangements have also been done for providing food. To provide adequate medical facilities, coordinated efforts have been made between the Rain Baseras and the Chief Medical and Health Officer for ensuring all proper and necessary medical aid. Adequate publicity is given so that people may learn about the availability of night shelters. Arrangements have also been made for making bathrooms within tents. Some complaints which were made against the security guards, those complaints have also been sorted out. The persons who shall be found to be addicted would be suitably transferred to de-addiction camps. The trespass by the shopkeepers have been removed to have free access to Rain Baseras. Similarly, the toilets/bathrooms have been made fully available to the persons availing facilities at Rain Baseras. More sensitive and careful guards have been deployed and earlier guards, against whom complaints were received, have been removed.
7. We are happy that the State of Rajasth
