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December 12, 2011

‘Provide night shelters to those without roof’

SC directs northern states to act immediately

New Delhi, December 12
Making it clear that not a single person should be allowed to die for lack of protection against the winter this season, the Supreme Court today directed Punjab, Haryana and other northern states to immediately provide night shelters with adequate amenities to all those living without a roof over them.

A Bench comprising Justices Dalveer Bhandari and Dipak Misra passed a series of separate orders in respect of each state, asking the Chief Secretaries to file affidavits by January 3 confirming compliance with its rulings. Even if the states were not in a position to provide permanent night shelters immediately, they should make arrangements for temporary shelters which should have water, sanitation, electricity and other basic amenities, the Bench clarified.
The Bench explained the urgency, citing the onset of the winter season and the need for protecting the lives of people as guaranteed under the Constitution.
Haryana said it had 51 night shelters, of which only two were permanent. “Why are you not constructing permanent night shelters,” the Bench asked. The state counsel said four were under construction and assured the court that he would consult the government and come back.
Senior counsel Colin Gonsalves, arguing for the PIL petitioner (People’s Union for Civil Liberties), complained that Punjab had filed a very vague affidavit, without specifying how many night shelters were in place. The state merely had given the number of “identified, earmarked and sanctioned” cases of night shelters, he explained. At this, the Bench passed a separate order asking the Chief Secretary to file by January 3 a detailed status report.
Jammu and Kashmir claimed that the state did not have a single person without any shelter. The Bench asked the PIL petitioner to verify and give its response.
Asking the state governments to ensure that no one was made to sleep on pavements, parks or other open public places, the apex court also passed similar orders in respect of several states, including Uttar Pradesh, Bihar, Uttarakhand and Maharashtra.
The Bench would review the status again on January 9.
Punjab report ‘vague’
Punjab merely had given the number of “identified, earmarked and sanctioned” cases of night shelters. The Bench has asked the Chief Secretary to file a detailed status report by January 3.
Make permanent ones: haryana told
Haryana said it had 51 night shelters, of which only two were permanent. Another four are under construction. “Why are you not constructing permanent night shelters,” the Bench asked.
Big claim by Jammu & Kashmir
Jammu and Kashmir claimed that the state did not have a single person without any shelter. The Bench asked the PIL petitioner to verify and give his response.

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