Providing Shelters for Urban Homeless: Supreme Court’s Directive on National Urban Livelihoods Mission
The Supreme Court of India, in the case of E. R. Kumar & Anr. vs. Union of India & Ors., addressed the issue of providing shelters for the urban homeless in India. The case was initiated in 2003 but remained unresolved until 2014, as many states failed to file their responses and status reports. The Court dealt with the implementation of the Scheme of Shelters for Urban Homeless under the National Urban Livelihoods Mission (NULM), highlighting the need for effective execution of the scheme and accountability for the utilization of funds.
The petitioners raised concerns about the government’s failure to address the issue of homelessness in urban areas, despite the formulation of the scheme and allocation of funds. The Court took a proactive approach, emphasizing the urgency of providing shelter homes and ensuring compliance with operational guidelines across states.
Background of the Case
The petitioners filed these Writ Petitions in 2003, seeking the establishment of adequate shelters for the urban homeless across India. Over the years, the case progressed slowly, with various status reports filed by the Union of India, indicating delays in the execution of the scheme. In 2014, the Court examined the Scheme of Shelters for Urban Homeless, which was part of the NULM, and sought the progress of its implementation. The Scheme aimed to provide shelters with essential services for urban homeless populations in a phased manner.
The Union of India and the respective State Governments were directed to submit affidavits detailing their progress in implementing the scheme, particularly regarding the number of shelters built and their compliance with the operational guidelines. By 2014, concerns arose regarding the inadequate shelters, delayed construction, and non-utilization of funds allocated for the scheme.
Key Legal Issues
The Supreme Court considered the following legal issues in the case:
- Whether the Union of India and the State Governments had adequately implemented the Scheme of Shelters for Urban Homeless.
- Whether the funds allocated for the construction and operation of shelters had been properly utilized by the states and union territories.
- Whether the implementation of the NULM had been satisfactory in providing temporary and permanent shelters to the urban homeless.
Petitioner’s Arguments
The petitioners argued:
- The Union of India had failed to ensure the timely establishment of shelters for the urban homeless as promised under the NULM.
- Despite the availability of funds, the states had not constructed sufficient shelters, leaving the homeless in vulnerable conditions, particularly during the winter.
- The government had not effectively monitored the scheme, and the funds allocated for shelter construction were not utilized properly.
- The Court should direct the establishment of temporary shelters for the homeless, especially during harsh weather conditions.
Respondent’s Arguments
The Union of India argued:
- The government had formulated and launched the National Urban Livelihoods Mission to address the issue of urban homelessness.
- Funds had been released to the States and Union Territories for the construction of shelters, and some progress had been made, though the implementation was slower in certain states.
- Steps were being taken to expedite the construction of shelters, and monitoring mechanisms were in place to ensure compliance with the scheme.
- The government was committed to providing the necessary infrastructure and services for the homeless, though challenges in execution persisted due to various administrative issues.
Supreme Court’s Observations
The Supreme Court made several key observations during its hearing:
1. Inadequate Implementation of the Scheme
The Court expressed dissatisfaction with the progress made in providing shelters for the homeless. While the Union of India had allocated substantial funds for the scheme, only a limited number of shelters had been completed, and many states had not met the targets set in the NULM guidelines. The Court emphasized the urgency of providing temporary shelters for the homeless during winter and directed that such shelters be provided immediately in the cities with significant homeless populations.
2. Misutilization of Funds
The Court was concerned with the non-utilization or misutilization of funds allocated for the construction of shelters. It found that while the funds had been made available, states like Maharashtra, Uttar Pradesh, Assam, and Kerala had failed to effectively utilize the money for the intended purpose. The Court highlighted that there was no effective monitoring mechanism in place to track the progress of the scheme, leading to delays in shelter construction.
3. Need for Accountability and Monitoring
The Court pointed out the lack of accountability and the absence of regular meetings of the executive and governing councils responsible for overseeing the scheme. The Court directed that detailed reports on the funds spent, the number of shelters built, and the status of implementation be submitted by the Union of India and the State Governments. It also called for a national-level committee to monitor the progress of the scheme.
Final Judgment
The Supreme Court directed the following actions:
- A Committee, headed by Mr. Justice Kailash Gambhir (retired Judge, High Court of Delhi), was constituted to oversee the implementation of the Scheme of Shelters for Urban Homeless.
- The Committee was tasked with physically verifying the status of shelters in each state/union territory and ensuring that the shelters complied with the operational guidelines of NULM.
- The Union of India was directed to ensure that the funds allocated for shelters were properly utilized, and any non-utilization or diversion of funds should be investigated.
- The Committee was to submit its report within four months, and the State Governments were ordered to take immediate action to provide at least temporary shelters to the homeless, especially during the winter season.
Judgment Outcome: The Court directed the formation of a monitoring committee, immediate provision of temporary shelters, and a thorough investigation into the utilization of funds.
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