The Delhi High Court on Wednesday underscored that the right to shelter is a fundamental right of citizens and issued a slew of directions to government authorities in the national capital to ensure proper facilities for homeless persons and poor patients in Delhi for medical treatment during the ongoing cold wave.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the Delhi Urban Shelter Improvement Board (DUSIB) shall take over the subways near the government hospitals this evening and turn them into night shelters. 

“The authorities of DUSIB shall immediately proceed to spaces available near the hospitals and erect tents or pandals or take any other measures for the purpose of immediately providing shelter to as many patients and their kith and kin as possible. The land-owning agencies, MCD and DDA, will fully cooperate with the DUSIB officials, failing which the court may take a strong view of the matter and erring officials of these agencies may be held accountable. This direction shall apply with full force to the Delhi Police and Delhi Metro Rail Corporation as well,” the Court said. 

Further, the Court said that a meeting shall be held tomorrow (January 15) under the chairmanship of the Principal District Judge (South District) to chalk out a short-term plan to be implemented from tomorrow itself to meet the current exigencies. 

The Court said that the meeting will be attended by senior officials of all the All-India Institute of Medical Science (AIIMS), Safdarjung Hospital, Ram Manohar Lohia Hospital, Lady Harding Medical College, Delhi Police, DUSIB, Delhi Development authority and all the other stakeholders. 

“The committee, while chalking out the short-term plan for meeting the current exigency, shall deliberate amongst its members and prepare a plan, and in case of any conflict between the views of the members, the final decision shall rest with the Principal District Judge. The Principal District Judge shall prepare a note and submit it to the court on the next date through the Registrar General of this Court,” the Court said. 

The Bench passed these directions while dealing with a suo motu public interest litigation (PIL) petition over the lack of space and infrastructure in the night shelters in Delhi as the city goes through a cold wave. 

The Court took cognisance of the issue after a newspaper report revealed that several patients who came to Delhi for treatment at AIIMS and their family members were sleeping in the open. 

Today, the Court was informed that Central Government Standing Counsel (CGSC) Ashish Dixit had personally visited the sites of these night shelters in and around AIIMS last night and had prepared a note along with certain suggestions. Dixit also handed over certain pictures of people sleeping in the subways and in the open near the AIIMS. 

Certain photographs by a non-profit named Centre for Holistic Development were also shown to the Court, stating that its office-bearers had also visited several locations.

After considering these pictures and arguments from counsel representing various government authorities, the Bench observed that the ground reality appeared very different from the claims made before the court by the authorities.

It added that if the right to shelter is denied to citizens, it would amount to a violation of fundamental rights, and the government and its agencies are duty-bound to ensure homeless people and those who are in Delhi for treatment are given adequate space to take shelter. 

“The State and its agencies like hospitals, development authorities or municipal corporations cannot shirk away from the responsibility and duty to provide adequate shelter at least to those who are visiting hospitals not willingly but under compelling circumstances in search of better medical care. No refuge can be permitted to be taken by the State and its agencies for denying such facilities due to paucity of funds or any other resources,” the Court observed. 

It added that it will hear the matter again on Friday (January 16) and the authorities must file a status report explaining the measures taken in compliance with the court orders. 

The Court also appreciated the efforts of CGSC Dixit in visiting the spots. 

Additional Solicitor General (ASG) Chetan Sharma represented the Union of India.

CGSC Satya Ranjan Swain appeared for AIIMS.

The Delhi government was represented through its Standing Counsel Sameer Vashisht.