Cold wave fallout: Delhi HC mobilises civic bodies, hospitals for immediate shelter for homeless
New Delhi, January 14
Taking suo motu cognisance of the plight of homeless persons and hospital attendants exposed to freezing conditions, the Delhi High Court on Wednesday passed far-reaching interim directions requiring immediate, coordinated action by civic agencies, hospitals and law enforcement authorities across the capital.
The court underscored that failure to provide adequate night shelter during the severe cold wave strikes at the core of the fundamental right to life and dignity and cannot be justified on grounds of administrative constraints or lack of resources .
A division bench headed by Chief Justice Devendra Kumar Upadhyaya, with Justice Tejas Karia, ordered the Delhi Urban Shelter Improvement Board (DUSIB) to forthwith take over subways located around major hospitals and convert them into temporary night shelters with beds and basic facilities.
The bench further directed that tents or pandals be erected in available open spaces near hospitals to accommodate patients and their attendants, making it clear that all land-owning agencies, municipal corporations, hospitals, the Delhi Police and the Delhi Metro Rail Corporation must extend full cooperation, failing which strict action could follow against responsible officials.
The court recorded submissions highlighting serious gaps between official claims and on-ground realities, including lack of beds, overcrowding, inadequate facilities and unsafe conditions at shelter homes.
It noted that photographs and site inspection notes placed on record painted a grim picture, contrary to assurances given by authorities. Stressing that people visiting government hospitals do so under compulsion and not by choice, the bench held that the State and its instrumentalities cannot "shirk away" from their constitutional obligations in such circumstances.
During the hearing, senior advocate Avi Singh appeared for the applicant/intervenor and assisted the court on issues relating to the implementation of the winter action plan and deficiencies in shelter facilities.
The Union of India was represented by Additional Solicitor General Chetan Sharma, while Central Government Standing Counsel Ashish Dixit, who personally inspected several shelter sites, placed a detailed note and suggestions before the bench. Sameer Vashisht, standing counsel for the GNCTD, and Manu Chaturvedi, standing counsel for the MCD, along with other counsel representing AIIMS, NDMC, DUSIB, DJB and hospital authorities, were also heard.
To ensure swift execution, the High Court directed that a high-level meeting be convened at 10 a.m. on Thursday under the chairmanship of the Principal District Judge (South District), with senior decision-making officers from all concerned agencies in attendance.
A short-term action plan is to be finalised and implemented immediately, and a compliance report placed before the court on the next date of hearing, January 16, when the matter will be listed high on the board.
— ANI
Reader Comments
Good step by the HC. Using subways near hospitals is a practical idea. But will the DUSIB actually do it properly? Past record isn't great. The court must monitor compliance closely. No more paperwork, need action on ground.
As someone who has volunteered at shelters, the conditions are often deplorable. Overcrowding, lack of clean blankets, and security issues for women are common. The court's direction for a high-level meeting is crucial. Accountability is key.
This is a basic human right. Why does it take a court order every winter for authorities to wake up? The "administrative constraints" argument is an excuse for failure. Salute to the judges for taking suo motu notice.
A respectful criticism: While the court's intent is noble, ordering tents in open spaces during a cold wave seems like a temporary patch. We need permanent, dignified shelter solutions. I hope this mobilisation leads to long-term planning.
The involvement of so many agencies - DUSIB, MCD, Police, Metro - shows how fragmented the system is. No wonder nothing gets done. The court forcing them to coordinate under one chairperson is the only way. Hope it works! 🤞
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