Supreme Court judge,
Justice B.R. Gavai, on Wednesday 12 Feb ‘25 asked whether untrammeled freebies
lull the poor into a parasitic existence, depriving them of any initiative to
find work, join the mainstream and contribute to national development. “Rather than making them contribute to the
development of the nation, are we not creating a sort of parasite? Because of
these benefits, people do not want to work,” Justice Gavai, heading a Bench
also comprising Justice AG Masih, observed orally. The Bench was hearing
petitions dealing with the lack of sufficient number of night shelters to house
the urban homeless in the national capital.
At one point, a lawyer submitted that the existing night shelters were
uninhabitable. “Between a shelter which is uninhabitable and sleeping on the
road, what is more preferable?” Justice Gavai countered.
The discussion in
court also touched on free ration and welfare schemes for the urban homeless,
who were usually migrants from the rural parts of the country who came in
search of work. Justice Gavai said steps
to make the poor and the disadvantaged part of the mainstream was better than
offering them freebies...Appearing for the Delhi Urban Shelter Improvement
Board (DUSIB), senior advocate Devadutt Kamat submitted that night shelters
were well-provided for, and officials do the rounds to convince the homeless to
come to these shelters, they however refuse to do so.
The apex court has
been looking out for the welfare of the poor and homeless, noting that the
right to shelter and safety was a fundamental right.In 2016, the top court had
observed that the city’s poor shiver in the winter cold as welfare measures
like the National Urban Livelihoods Mission (NULM) scheme continued to remain a
distant dream. At the time, the court had directed a Committee headed by a
former Delhi High Court judge, Justice Kailash Gambhir, to be constituted to
verify the availability of night shelters and whether their operations were in
compliance with NULM guidelines.
Bhushan had submitted
that the total capacity of shelter homes in Delhi was only around 17,000
persons and the DUSIB had demolished nine shelter homes. Kamat had responded
that there were six temporary shelter homes which were destroyed due to floods
in the River Yamuna in 2023 and it had been abandoned since June 2023.