Govt's bounden duty to provide night shelter: HC

The Delhi High Court underscored on Wednesday that in a welfare State, it is the bounden duty of the government to provide adequate shelter to the homeless as well as those awaiting treatment in hospitals, as it directed authorities in the capital to provide adequate night shelter to meet the current exigency caused by cold-wave conditions.

It said the authorities are not allowed to deny such a facility, especially to those visiting hospitals, due to paucity of funds or any other resources.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia passed the order on a suo-motu (on its own) petition initiated by the court after taking cognisance of a news report on the "pitiable condition" of patients and their kin staying on the streets while awaiting treatment at the All India Institute of Medical Sciences (AIIMS) here.

Taking note of the situation outside hospitals like the AIIMS, RML and Safdarjung Trauma Centre, the court directed the DUSIB to take over the subways near such facilities and provide as many beds as possible by Wednesday evening itself, and also erect night shelters in any other space available near hospitals.

It further directed that a meeting of high-ranking officials of stakeholders, including the DUSIB, MCD, DMRC, AIIMS, RML Hospital, Lady Hardinge, Safdarjung Trauma Centre and Vardhman Mahavir Medical College, shall be called at 10 am on Thursday under the chairmanship of the principal district judge, south, to chalk out a "short-term" plan to deal with the current weather and implement it on the same day.

"Ours is a social welfare State and the right to adequate shelter, if denied to the citizenry, will amount to a violation of fundamental rights as enshrined in part 3 of the Constitution of India. In this view, it becomes the bounden duty of the government and agencies to ensure that the people who are homeless and are in search of better medical care for themselves or kin are provided shelter," the court said.