Allahabad HC Orders Statewide Initiative To Identify & Aid Homeless Individuals In Uttar Pradesh

This directive stemmed from a Public Interest Litigation (PIL) filed by advocate who highlighted the inadequate rehabilitation of homeless persons under various disability and shelter laws.

A Division Bench of Justice Rajan Roy and Justice Om Prakash Shukla directed, “The Chief Medical Officer shall identify the aforesaid four category of homeless persons within the municipal limits of his district in cooperation with the local police. The Superintendent of Police/ Commissioner of Police shall ensure adequate cooperation by the local police in this regard. After identification of such persons, they shall be provided necessary relief whether it be of health or shelter under the relevant statutes or schemes as the case may be.”

The Court emphasized on the role of District Magistrates in overseeing and coordinating this exercise. The Court added, “The District Magistrate of the district shall oversee this entire exercise and shall co-ordinate with various authorities having a role to play under various enactments or schemes referred hereinabove and who may otherwise have a role to play in this regard. District-wise data collected in this regard shall be transmitted to the Director General of Medical & Health Services (U.P.) which shall include the number of such persons identified, their details and also the succour provided to them.”

Advocate Jyoti Rajpoot who filed the PIL personally appeared in the proceedings and Advocate Isha Mitta appeared for the Respondent.

This order mandated that various category of homeless people—such as those who are able-bodied, mentally ill, mentally challenged, or differently abled—must be identified through a collaborative effort between the Chief Medical Officer and local law enforcement.

The Court further instructed the police to treat these individuals with dignity and respect, emphasizing humane treatment. The Court added, “A report shall be prepared in this regard and placed before this Court on the next date through the Director General of Medical & Health Services (U.P.), Lucknow and the Director General of Police, U.P., Lucknow.”

The Court underscored Article 21 of the Constitution of India, affirming every person's right to live with dignity, including access to essential public health services.

In response to specific concerns raised regarding Lucknow, the Court required separate submissions from local authorities, underscoring the urgency and specificity of the situation in the city.

Cause Title: Jyoti Rajpoot v State of UP

Appearance:

Respondent: Advocates Isha Mitta and Nishant Shukla