Permanent Shelters for the Homeless (India) 2012- Natl. Report on Homelessness for Supreme Court India

7/30/2019 Permanent Shelters for the Homeless (India) 2012- Natl. Report on Homelessness for Supreme Court India

http://slidepdf.com/reader/full/permanent-shelters-for-the-homeless-india-2012-natl-report-on-homelessness 1/57

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





2

Contents

Page No.

Foreword and Acknowledgement 1

1. Chapter 1 3-10

Introduction and background

2. Chapter 2 11-13

Overall Compliance Status

3. Chapter 3 14-53

State wise Implementation Status

Andhra Pradesh 14

Assam 16

Bihar 17

Chattisgarh 19

Delhi 21

Gujarat 23

Jharkhand 25

Karnataka 28

Madhya Pradesh 30

Maharashtra 34

Odisha 36

Rajasthan 39

Tamil Nadu 42

Uttar Pradesh 46

Uttarakhand 50

West Bengal 51

4. Recommendations of Commissioners and Directions Sought from the Court 54-56

Annexure



3

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

1See “India: Urban Poverty Report 2009” athttp://data.undp.org.in/poverty_reduction/Factsheet_IUPR_09a.pdfhttp://www.undp.org.in/index.php?option=com_content&task

=view&id=239&Itemid=3222UN-HABITAT, 2006. Seehttp://www.unhabitat.org/ 3 Census of India, 1991: 64







6

on their backs. This pushes them into deeper vulnerability, a vicious cycle of poverty, dispossession andoften 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 24hour 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.



7

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 20 th

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 5 th

May, 2010

The Supreme Court order dated 05 May 2010 transmits responses of states to the petition of the OSCCdated 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 19 th , 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



8

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 9 th , 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 homelesspeople. 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 18 th , 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. TheBench asked these states to speed up the process of shelter building with all the basic amenities.

f. Supreme Court order dated September 20 th , 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 12 th , 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



9

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 theconsideration of the Supreme Court. Some of these have been summarized in the 3 rd letter of the

Commissioners to the Supreme Court.

The third letter of the Commissioners dated 25 th 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 engagementwith 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



10

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



11

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 STATES REMARKS

1) States that have shown Good

Compliance and Imagination

None

2) States that have shown Average

compliance.

Delhi, Tamil Nadu, Uttar

Pradesh.

Delhi needs to open new

shelters and upgrade non-

functional 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.



12

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.



13

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 bealerted 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 ourSociety. 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.





15

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)



16

ASSAM

Name of City No. of Shelters

Needed in

cities

No of Shelters as

per ground

verification by

Advisor , NGOsand their teams.

No. of shelters

under

construction

Level of basic

amenities in

shelters

Observation and

concern

Guwahati 9 0 ( 8 shelters run by

NGOs)

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.


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 bereserved for the special category of homeless. (Refer to Annexure pg 8)





18

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 mentallyand physically challenged and others.

Directions Sought


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 undertaken5) No homeless person should be asked for identity proof for accessing the shelters.



reserved for the special category of homeless. ( Refer to Annexure Pg10 to Pg20)



19

CHATTISGARH

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

Raipur 7 3 night shelters (1

shelter locked during

inspection and 1

building could not be

found.)

None Poor Non functional shelters which

no one is aware of. No separat

shelter for men and women.

Shelters were not in use at the

time of inspection on 30th

December 2011.

Bhillai 6 4 night shelters (2

shelters closed at time

of inspection)

None Poor The shelters have very poor

sanitation facilities. Very low

occupancy as homeless do not

know about the shelters. 1

shelter could not be located.

Durg 2 night shelter Shelters were used by traveler

and students. No homeless

persons were there at the time

of inspection or were even

aware of such a facility.

Korba 1 night shelter None Poor Average occupancy of 5

persons reported, and homeles

persons do not know about thi

shelter. Shelter is in use but

there were no persons werethere though at the time of

visit.

Ambikapur 1 night shelter None Shelter is not used by homeles

people but travelers and

homeless are not aware of this

facility

Raigarh 1 night shelter None Women do not stay here due t

lack of safety. 5 persons were

there at the time of inspection

TOTAL 13 7 night shelters*

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



20

Locked night shelter in Bhilai and locked shelter in Raipur ( Picture taken on 28 th

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





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







21

DELHI

Name of City No. of

Shelters

Needed

No of Shelters as

per the ground

verification by

Advisor , NGOs

and their teams.

No. of shelters

under

construction

Level of basic



New Delhi 129 Out of 64 shelters,

42 permanent

shelters, 21 closed at

the time of survey

and 1 could not be

located.

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 42running 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.



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.





23

GUJARAT

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

Ahmadabad 45 1 night shelter 44 Poor In 11 places work has been

currently stopped.

Bhavnagar 6 4 night shelters 1 Good Two new night shelters

that have opened after June

2011, are charging

Rs.100/person/night.

Vadodara 15 None 14 ------ Night shelter work has

been stopped due to public

opposition

Surat 29 3 night shelters 22 Poor There are no separate

facilities for men and

women. Shelters are

situated in very unsuitable

locations (above a Pay and

Use toilet complex).

Rajkot 10 2 night shelters 6 Poor Night shelters in very poor

condition, not fit for use.

Jamnagar 6 0

TOTAL 112 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.



24

• 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, waterfacilities, first aid and linkages for medical referrals.

Directions Sought:






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 guidelines5) No homeless person should be asked for identity proof for accessing the shelters.




The only functional night shelter in

Ahmedabad as on 20th

December 2011.



25

JHARKHAND

Name of City No. of Shelters

Needed in

cities

No of Shelters as

per the ground

verification by

Advisor , NGOs

and their teams.

No. of shelters

under

construction

Level of basic

amenities in

shelters

Observation and

concern

Ranchi 9 6 night shelters None All shelters were clos

and locked because th

space in the shelters w

very less. No amenitie

The capacity of the

buildings are not more

than 35 persons.

Jamshedpur 11 1 nightt shelters None Average Opened one shelter af

the last order, hoardin

announcements have

done about the shelter

Dhanbad 11 1 night shelter None More shelters need to

opened at the earliest.

Chaibasa 17 permanent

shelters *

None Poor Poor amenities make

these shelters unfit for

use. Location of these

shelters in indecent

locations.

Deoghar 1 night shelter none Poor Opened just a week agNo electricity and wat

makes this shelter unf

for use.

Total 31 8 night

shelters

None of the shelters

24 by 7 operating on

*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.



26

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 28 th

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.





27

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 Sought-












Homeless taking shelter under verandah of

shops near Hanuman/Kali Mandir Main Raod,

Near Daily Market, Ranchi-2. Picture taken on December 28

th2011 by State Advisor’s Office in

Jharkhand.



28

KARNATAKA

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



Bangalore 57 6 night shelter None Poor Number of shelters extremely

low. People are not aware of

the shelters.

Mysore 8 2 night shelter None Same shelter being used by

men and women. In one shelte

there are women with children

Mangalore 6 1 night shelter None Poor Shelters are only for men. No

shelters for the other

categories.

Hubli-dharwad 8 1 night shelter None Very low occupancy due to

poor amenities and lack of

publicity..

Bellary 1 night shelter None Process is on to hand over the

management to an NGO

through Tender process.

Devanagare 1 night shelter None Very low occupancy due to

lack of publicity and poor

amenities in shelter.

Gulbarga 2 night shelter None Management is given to two

different NGOs after making

an MoU. Tender process was

done prior to that

Belgaum 1 night shelter Poor Very low occupancy, and only

for men.

TOTAL 79 15 night shelters Lack of publicity for all

shelter homes. Total

occupancy in all the sheltersis only 190.

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.



29

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


(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.












30

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

Level of

basic

amenities

in

shelters


Bhopal 15 4 night shelters 4 night shelter 11 Poor No separate shelters for women, this

restricts women from using the shelter

Indore 17 2 night shelter 2 night shelter 15 Poor Shelters do not reach out to the

homeless. Mostly used by travelers and

other people. 4 temporary shelters also

exist.

Jabalpur 11 2 night shelters 2 night shelter 9 Poor No 24 hour shelter operating. Shelters

are only for men. Amenities in the

shelters are very poor.

Gwalior 9 2 night shelter 2 night shelter 7 Poor Not a single 24hour shelters is

operational. Amenities in the shelter ar

very poor.

Ujjain 5 1 night shelter 1 night shelter 4 Poor No proper facilities and services

provided in the night shelters.

Khandwa 2 1 night shelter 1 night shelter 1 Poor No separate shelters for women.

Homeless avoid the shelters due to poo

amenities.

Burhanpur 2 1 night shelter 1 night shelter 1 Poor Poor amenities and services make the

homeless avoid the shelters.

Ratlam 3 1 night shelter 1 night shelter 2 Poor No 24by7 shelter and condition of

existing night shelter is extremely poor

Dewas 3 1 night shelter 1 night shelter 2 Poor No beds and mattresses provided. Food

not given to homeless. No linkage with

health facilities.

Sagar 3 1 night shelter 1 night shelter 2 Poor No separate space for men and women

Very poor referral services.

Katni 2 1 night shelter 1 night shelter 1 Poor No beds and mattresses provided. Food

not given to homeless. No linkage with

health facilities.



31

Rewa 2 1 night shelter 1 night shelter 1 Poor Amenities in the shelter are very poor.

Singrauli 2 1 night shelter 1 night shelter 1 Poor Number of shelters extremely low.

Satna 3 1 night shelter 1 night shelter 2 Poor No beds and blankets provided. Money

being charged from inmates.

Muraina 2 1 night shelter 1 night shelter 1 Poor Number of shelters extremely low.

People are not aware of the shelters.

Bhind 2 1 night shelter 1 night shelter 1 Poor Very rude staff for which homeless

avoid shelter. Caretaker charges mone

for accessing shelter

Shivpuri 2 2 night shelter 2 night shelters 0 Poor Shelter space is extremely small. Not f

for accommodating even 50 persons.

Poor amenities.

Guna 3 2 night shelter 2 night shelters 1 Poor Poor amenities make the homeless avo

the shelters.

Vidisha 2 1 night shelter 1 night shelter 1 Poor Number of shelters extremely low.


Mandsore 2 1 night shelter 1 night shelter 1 Poor Homeless are not aware about the

shelter.

Nimach 2 1 night shelter 1 night shelter 1 Poor Poor amenities make the homeless avo

the shelters.

Damoh 2 1 night shelter 1 night shelter 1 Poor Shelter space is extremely small. Not f

for accommodating even 50 persons.

Poor amenities.

Chattarpur 2 1 night shelter 1 night shelter 1 Poor Number of shelters extremely low.


Chindwara 2 1 night shelter 1 night shelter 1 Poor Very small spaced shelter with poor

amenities.

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.



32

• 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 referralservices.

• There have been homeless deaths due to cold in the various cities of Madhya Pradesh. (see

annexure pg: 35 )



HYGIENE AND AMENITIES IN SHELTERS

Condition of lockers in shelter at Ujjain and Poor Hygiene condition in shelter at Indore.

Pictures taken on 28 th

December 2011.

TEMPORARY SHELTERS

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

December 2011.



33

Directions Sought:










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.



34

MAHARASHTRA

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



Greater Mumbai 165 0 8 are planned

to be started

but not done

till December

30th

2011

No shelters in place There is a lot of resistance

from local people and

corporators against opening o

homeless shelters.

Nagpur 22 0 None No shelters in place

Nasik 12 0 None No shelters in place

Pune 38 0 None No shelters in place

Amaravati 6 0 None No shelters in place

Aurangabad 9 0 None No shelters in place

Bhiwandi 7 0 None No shelters in place 1 shelter in Bhivandi is yet to

be inaugurated.

Kolhapur 5 0 None No shelters in place

Solapur 9 0 None No shelters in place

Mirabhayandar 6 0 None No shelters in place

Nanded 5 0 None No shelters in place

TOTAL 284 0

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-Kalyanmunicipal 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.





36

ODISHA

Name of City No. of

Shelters

Needed

No of Shelters as

per ground

verification by

Advisor , NGOs and

their teams.

shelters

under

construction

Level of basic amenities

in shelters

Observation and

concern

Bhubaneshwar 7 2 temporary night

shelter

4 sites

identified

Poor Very low occupany due t

lack of amenities.

Homeless people are not

aware about these

shelters.

Puri 2 No night shelter 2 sites

identified

Poor Earlier temporarily

opened shelter also close

down.

Cuttack 6 2 temporary night

shelter

none Poor Homeless people are no

aware about this shelter

Community persons take

charge of the shelter

voluntarily.

TOTAL 15 4 temporary night

shelters

Lack of publicity for al

shelter homes. Total

occupancy in all the

shelters is only 190.

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

2011.



37

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.



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.

Night Shelter in Cuttack City



38

Directions sought






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





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.





40

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 basicfacilities like bedding, toilets etc are not only universal but are also as per the needs.



41

• 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.



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 uniformpolicy for entry. And entry should be ensured to all.





9) There should be basic amenities present in all the shelters as per the SC guidelines.



42

TAMIL NADU

Name of City No. of

Shelters

Needed in

cities

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

Chennai 66 12 (functional)

3 (proposed)

none A rough mapping of c

society points out 513

families where as the

survey of corproation

chennai is 2586 famil

All shelters are night

shelters. Complaints t

the one shelter had foo

crisis. homeless fear

eviction to permanen

housing that is more t

30 kilometers from th

place of habitation .

Coimbatore 15 4 night shelters None All are night shelters.

Men and women stay

the same shelter. some

specialized shelters

function during the da

Madurai 12 1night shelter and 1

24by7 shelter.

None The 24 hour shelter ha

separate facilities for

women. Another shelt

a night shelter.

Tiruchirappalli 9 1 night shelters None Average No separate shelter fo

men and women

Salem 8 1 night shelters None Average No separate shelters f

men and women

Tirupur 6 1 night shelters None Average No separate shelter fo

men and women

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 –



43

there is a need or state level coordination/programme across the state of TN. Of the 116 sheltersto 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.



Source: The Hindu December 15th

2011 reporting that Woman stays without food in a shelter for a week,

Family shelter lacks basic amenities



44

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.




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 o

the shops during the long monsoons in

Chennai.



45

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.



46

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 a

per affidavit

submitted by sta

on January 2012

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.

9 night shelters

Allahabad 11 7 night shelters 0 Poor Four shelters have very low

occupancy due to lack of

amenities such as beds and

blankets, water andfunctional toilets. No referral

services provided.

10 night shelter

Kanpur 28 13 night shelters 1 Poor 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.

11 night shelters

Lucknow 23 12 night shelters 10 Poor Out of the 12 night shelters, 2

could not be located. Verypoor 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.

14 night shelters

Meerut 12 0 9 Poor. There is only one night

shelter .

12 under

construction

Varanasi 12 6 night shelters 0 Poor Zero occupancy in the

shelters, with only 3 people

in one of them. Lack of

amenities such as beds,

water, toilets, lockers etc.

4 night shelter

Aligarh 7 2 night shelters 2 Poor Two permanent shelters are

not operational yet.

5 night shelter



47

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

11 night shelter

Gorakhpur 7 6 night shelters (out of

which 1 was locked )

0 Poor Money being demanded from

the occupants.

7 night shelter

Moradabad 7 6 night shelters 1 Poor 5 shelters are located out of

city limits and 1 which is in

the city is a temporary

shelter.

6 night shelter

TOTAL 139 58 night shelters 29 80 night shelters

67 shelters are

under

construction. The

have 76 temporar

shelters

operational as pe

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 sheltershave 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 sleepingoutside the shelter.



48

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.



49

Directions Sought




hours a day and should not function as night shelters.3) There should be proper facilities at the shelters according the Supreme Court guidelines.




6) Regular supervision of shelters should be done by senior officials so that homeless are treated

with dignity.



News clips of January 2

nd

2012 showing that raen baseras would be put to other uses other than homelessshelters in Allahabad.



50

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

affidavit submit

on January 6th 2

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.

1 night shelters

Haridwar 3 2 night shelters None Poor 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.

2 night shelters

Nainital 3 No information No

information

No information No information. 0

TOTAL 12 3 night shelters 3 night shelte

*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



2) All temporary shelters should be upgraded to permanent ones. All shelters should be open 24hours a day and should not function as night shelters.









51

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 inshelter

s

Observation and concern Number of shelters as p

affidavit filed on Janua

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

running shelters and

shelters are being

renovated. Capacity

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.

Asansol 11 0 1 under

renovation

1 night shelter

Capacity is 60

persons, only for me

TOTAL 143 No shelters 3 night shelters whic

are run on a PPP

mode.

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 alternativeplace 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.



52

Special mention: The State Government has formulated homeless shelter scheme for the State to ensure

uniformity of the shelters which needs special mention.

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).

Homeless sleeping out in the open in

the streets of Kolkata. Picture taken

by State Advisor’s office on 21st

December 2011.



53

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






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.



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.



54

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 andhas 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 hearingon what progress has been achieved.



55

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 thewider 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.



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.

j. 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.

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.

Documents

Permanent Shelters for the Homeless (India) 2012- Natl. Report on Homelessness for Supreme Court India