2012 INSC 0179
People's Union for Civil Liberties (Night Shelter Matters)
v.
Union of India & Others
(Supreme Court Of India)
HON'BLE DR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DIPAK
MISRA
Interlocutory Application No. 94 & 96 In Wp (C) No. 196 Of 2001 With Ia No. 82 Of 2008
In Wp (C) No. 196 Of 2001 | 27-02-2012

1. Mr. Colin Gonsalves, learned Senior Counsel appearing for the petitioner has placed before
this Court a report of joint inspection of homeless shelters in the States of Bihar,
Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh,
West Bengal and Karnataka. The reports regarding the remaining States would be submitted
within two weeks from today. A number of deficiencies have been pointed out in the
functioning of the shelter homes which were jointly inspected by the parties. The States and
the Union Territories are directed to rectify those deficiencies as expeditiously as possible.

2. Mr. Gonsalves has also pointed out some fundamental shortcomings in the night shelters
provided by some States. This Court has repeatedly mentioned in a number of orders that
basic facilities must be provided in the night shelters. It must be the endeavour of each State
to ensure that in compliance with Article 21 of the Constitution of India, life of homeless
people must be properly protected and preserved. We are of the opinion that proper rules and
regulations for monitoring night shelters must be enacted by each State and the Union
Territories which would have some statutory force.

3. The learned Senior Counsel appearing for the petitioner, Mr. Mohan Parasaran, learned
Additional Solicitor General and other learned counsel representing the States and Union
Territories have agreed that for long-term solution of the problem it is imperative to have
proper rules and regulations.

4. Mr. Gonsalves, learned Senior Counsel has undertaken to prepare a draft manual within
one week and give it to the learned Additional Solicitor General and other counsel who may
carefully look into it and give their suggestions within four weeks thereafter. The learned
Senior Counsel for the petitioner is granted one week's time thereafter to respond to the
suggestions given by the States and the Union Territories. It is further directed that the
learned counsel for the States and the Union Territories are at liberty to involve the officials
concerned of the Government and other authorities and design shelter homes according to the
particular geographical or other requirements of each State/Union Territory. Comprehensive
rules and regulations be prepared by the various States and the Union Territories.

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5. We direct all the States and the Union Territories to file additional affidavit giving up-to-
date position regarding night shelters in the respective States of Union Territories. Let it be
filed within three weeks with an advance copy to the learned counsel for the petitioner.

6. List the matter on Monday, 9-4-2012.

IA No. 82

7. Reply has not been filed by all the States and the Union Territories. We direct the States
and the Union Territories concerned to file their replies within three weeks with an advance
copy to the learned counsel for the petitioner who would be at liberty to file rejoinder, if any,
within a week thereafter.

8. List the application on Monday, 9-4-2012.

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