A media report said, during this winter nearly 300 houses were demolished near DPS Mathura Road in Nizamuddin area. A woman Lalita Devi has been quoted here as saying that she also lost her source of livelihood in the same demolition.

While people here are quoted as saying that they have lived here for a very long time, the authorities said that they demolished the homes after consulting satellite imagery which did not show any settlement here in 2006. This is also a new situation when other evidence such as documents with people are not considered and instead satellite imagery is used. The demolition took place without rehabilitation effort so that the people here have become homeless in acute winter.

Five homes were demolished in Khirki Extension area near Malviya Nagar as well. A woman Chandrawati said they had no clue when the demolition would take place, and in fact she was cooking the family meal at the time. This is another case of demolition leading to more homeless people.

It is shocking and distressing that the impact on the health or even survival of people when suddenly thrown out in the biting cold weather mixed with high air pollution conditions was not even considered by the authorities while taking such actions.

If more people are being rendered homeless by such actions, then is the number of shelters for homeless people being increased?

No, says another report. It tells us that one reason why there are so many homeless sleeping out in the biting cold of Delhi is that “in the past one year , several night shelters operated by the Delhi Urban Shelter Improvement Board (DUSIB) have been demolished and also because such shelters are not entirely safe for women and children.”

What is more, this report quotes activists working on this issue as saying that “DSUIB is fighting a case in court to demolish more shelters in Yamuna Pushta here.” As those familiar with the homelessness scene in Delhi know, the Yamuna Pushta has long been known for a high concentration of homeless people.

The existing shelters can’t be properly used by homeless people much in need of these who, particularly many women, prefer to sleep in the open even in the bitterly cold weather rather than go into the shelters. When the concerned reporter further visited the shelters, some of the complaints were confirmed further.

It appears that the survival conditions for the homeless people have been deteriorating even in the capital city where earlier quite a significant effort was made for improvement. One shudders to the think of the conditions in several other cities where this issue has received much less attention. As the Supreme Court had given significant directives for improvement, these should be monitored at the national level to find out to what extent these have been followed in the right spirit.

Meanwhile, to prevent the further worsening of the distressing situation, any further demolitions during the winter should be stopped and clear instructions should be given that even later, demolitions should take place only when these are unavoidable any demolitions that cannot be avoided should be accompanied by a rehabilitation effort.
—
The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include “Planet in Peril”, “Protecting Earth for Children” and “A Day in 2071”. He was earlier associated with a leading programme to help homeless people and contributed several booklets and articles on this subject

Courtesy: CounterView

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The Karnataka High Court has directed the State Government to reveal the outcome of the survey of urban homeless carried out in the State, reported LiveLaw. The court opined that if the survey is complete, the State will have to take appropriate decisions on the number of shelters required in the State.

LiveLaw quoted the Division Bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj saying, “State must be conscious of the fact that its failure to provide basic shelter to urban homeless may amount to violation of right to life guaranteed by Article 21 of Constitution of India. If poor homeless in the cities are without shelter, it is a violation of their Right to live a dignified life guaranteed under Article 21 of the Constitution of India.”

The court also observed that, “We are dealing with the issue of providing shelters to urban homeless, the second issue with which we are concerned now is making provision for night shelters. State government has filed a statement of objections. The statement of objections is silent on the survey of urban homeless in the state of Karnataka. As per the list submitted to the court of the 64 shelters set up in the state, only 47 are functional. The capacity of functional centres in the city (Bengaluru) is not more than 300.”

Directions issued

The court directed the State Government to place on record all data regarding setting up of night shelters as there was no material to show the total number of night shelters set up in the State and the details of the facilities, according to a LiveLaw report.

The State Government has been instructed to respond to the survey report carried out by the petitioner organisation, People’s Union of Civil Liberties, that also contained a social audit of certain shelters in the city.

Further, according to LiveLaw, the petitioner organisation is instructed to submit the report of any further survey of shelters for the homeless, carried out by it to the government advocate to enable him to bring it to the notice of concerned authorities.

The matter will be heard on May 26.

Related:

K’taka HC tells state govt to rebuild burnt down shanties to protect right to shelter

India needs a law to ensure ‘Right to Housing’: UN Special Rapprteur Report

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The Karnataka High Court is likely to issue specific directions to the government for implementation of the Operational Guidelines for the Scheme of Shelter for Urban Homeless (SUH) under the National Urban Livelihoods Mission (NULM). 

A division bench headed by Chief Justice Abhay Oka and comprising Justice Vishwajith Shetty commented orally that at the next hearing date they will pass order in terms of directive for the implementation of the guidelines, create additional centres and night shelters as directed by the Supreme Court.

The bench was hearing a petition filed by Peoples Union of Civil Liberties (PUCL), Karnataka, which seeks implementation of the state government’s order dated May 29, 2014 with respect to Urban Homeless Shelters. The counsel for the petitioner, Mohammed Afeef submitted that there are around 40 functional community centres in Karnataka with the capacity of 50-60 persons each. The operational guidelines issued by the central government state that the centres should accommodate at least 100 persons. “While for the entire state there are 67 centres and many of them are non-functional. Even if you take 50 persons as capacity of each centre, still it is not sufficient, it completely defeats the mission of the Central government,” LiveLaw quoted the bench as saying.

The petitioner also submitted that there are no special centres dedicated for children, the disabled or transgenders, as mandated under the scheme. The plea also challenges Rules 37, 38, 46, 47 and 48 under Rules for prohibition of Beggary, which criminalise begging and states that the same is violative of Articles 14,19,21 and 20(2) of the Constitution. The petitioner seeks directions for converting Receiving Centers and Certified Institutions into voluntary and people friendly relief and rehabilitation centers for destitute persons particularly the vulnerable such as the young, the aged, the sick and the infirm. It also seeks pensions, open shelters, community kitchens, health services and livelihood support to the destitute.

Related:

Uttarakhand HC raises concern over “medieval age” condition of prisons, calls for report

Gujarat HC suggests the State to prohibit social exclusion of menstruating women

SC allows States to be impleaded in plea seeking protection of rights of migrant children

The post K’taka HC likely to issue directions for rehabilitation of Urban Homeless appeared first on SabrangIndia.

Image Courtesy: indiatoday.in
 
Communalism Combatonline team
 
Six month old Rukaiyya died as her parents Mohammad Anwar and Safeena Khatoon rushed to save what they could as of their shanty as their home faced demolition by a bulldozer during a drive by the Indian railways on Sunday, December12 at the Shakur basti slum in north west Delhi raising serious questions of the fundamental rights of the homeless in the country. The temperature in the capital had dipped to a bitter 6.8 degrees Celsius on the day the authorities decided turn their lathis and bulldozers on the homeless.
 
Two demolitions, in the span of a fortnight smack of similar arbitrariness in action. One demolition took place at Belagaon on December 1 (conducted by the DDA), and the second by the Railways on Shakur Basti on December 12, 2015. A question that repeats itself every time such a demolition drive is undertaken is why such brute demolitions of home and hearth take place either during the pouring rain or the bitter cold.
 
The Railways and the Delhi Development Authority (DDA) are the two authorities that carried out this demolition. While the former is under the union government, the second is under the Lieutenant Governor of Delhi. Several judgements of the Delhi High Court including Sudama Singh and Ors.vs. Govt. of NCT Delhi (11 February 2010), have ordered for due process to be followed before any such action is undertaken.
 
According to these judicial pronouncements, due process includes an adequate survey, notice, and rehabilitation to be carried out before any demolition/eviction in Delhi. The Delhi Housing Rights Task Force (DHRTF)—a collective of individuals and organizations concerned with, and working to protect and promote, the human right to adequate housing in Delhi and across India has strongly condemned this action at the peak of winter. Besides the DHRTF has said that both these demolitions without due process and in violation of the Constitution of India, court judgements, and international human rights standards, including the United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement.
 

People in Belagaon and Shakur Basti, however, were not even given sufficient time to remove their belongings before their homes were demolished. Affected families have been left out in the cold with no provisions for alternative housing or compensation for the loss of their homes and belongings.
 
Through this brazen action carried out on a cold winter’s day when the temperature was at 6.8 degrees Celsius, the state authorities have been in contempt of these judgements of the High Court. Besides these actions have violated, the human rights to adequate housing, information, security of the person and home, food, water and sanitation, health, education, work/livelihood, the right to reside and settle in any part of the territory of India, and most importantly, the right to life.
 
While a six-month-old baby girl was killed while the demolition was in progress, another young girl suffered serious injuries, as a result of which she has had to miss her school examinations. After the outcry, the police has registered a case under section 304 A (causing death due to negligence) at Punjabi Bagh police station. Anwar, the father of the small child has, in a statement said a tied bundle of clothes fell down on the girl sleeping on the floor as the family was in a hurry to vacate their shanty.
 
Delhi has a population of over 150,000 homeless people, only about two per cent of who are accommodated in shelters. It is a cruel irony that the central government is demolishing homes and rendering more people homeless despite its claims to provide ‘Housing for All.’
 
In a press release issued yesterday, the DHRTF has said that while the Delhi government has condemned this act of the Railways, and DDA has agreed to stall evictions during the winter, DHRTF believes that concerned officials of both agencies must be held accountable for the grave violations of human rights, and tried according to the law. This is especially important given the refusal of the Railways to accept responsibility for the death of the baby. Members of DHRTF also object to the statement made by the Minister for Railways in Parliament on December 14, 2015 that, “Such encroachments are the main source of garbage and open defecation, etc.” This reflects a very strong prejudice against the marginalised and homeless population of the city.
 
The Delhi Housing Rights Task Force had, in fact, written a letter to DDA on 1 October 2015, requesting the authority not to carry out any demolitions in Delhi. In particular, the letter stated: “Impose an immediate moratorium on all demolitions of existing settlements on all DDA land. The winter season is approaching and any further demolitions at this stage will result in thousands of people being left homeless on the streets of Delhi in the intense cold weather, exposing them to the risk of death, which is in violation of directives issued by the Supreme Court of India.”
 
Given the recent demolitions in Delhi, the DHRTF has submitted a list of the following demands to the Government of India:
1. Impose a moratorium on evictions in Delhi on all central government land (in accordance with the directive of the Delhi government).
2. Provide immediate relief, including accommodation, food, water, medical supplies, and healthcare to all evicted families.
3. Compensate the affected families for loss of their homes and belongings, and provide immediate assistance to help families rebuild their homes at the same site.
4. Provide alternative uniforms, books, and other educational material to children and ensure that they are able to resume school and appear in their examinations.
5. Give special attention to pregnant and lactating women, infants, children, older persons, persons with disabilities, and persons with illness/health concerns, Dalits, and minorities.
6. Coordinate with the Delhi government and the Delhi Urban Shelter Improvement Board (DUSIB), and provide all the necessary information and support to the affected families.
7. Ensure that all officials responsible for the demolition and loss of homes and life are investigated and tried according to due process of the law.
8. Ensure that provisions of Pradhan Mantri Awas Yojana (Housing for All by 2022) and the National Urban Livelihoods Mission – Scheme of Shelters for Urban Homeless are implemented in Delhi.
9. Make adequate budgetary provisions for low-cost housing, especially for in situ upgrading and construction of housing for the homeless. This should include hostels, women’s homes and shelters, family shelters, short-stay homes, rehabilitation centres, special homes for destitute and    marginalised groups, which are linked to livelihoods of the urban poor.
10. Ensure reservation for Economically Weaker Sections (EWS) housing in all real estate/housing projects and develop a human rights-based law to provide affordable adequate housing for EWS and Low Income Groups.
11. Implement orders of the High Court of Delhi and Supreme Court of India.
12. Implement international law and guidelines, including the UN Basic Principles and Guidelines on Development-based Evictions and Displacement.
 
Members of the Task Force have also called upon the government to ensure that it meets its commitment to protecting the human rights of all residents and takes immediate steps to provide restitution for the human rights violations resulting from its act of commission and omission.

References 

1. Shakur Basti demolition drive: Children suffering in cold, you don’t care, Delhi High Court tells Railways. http://indianexpress.com/article/cities/delhi/shakur-basti-demolition-drive-what-was-the-tearing-hurry-delhi-high-court-raps-railways/
2. Shakur Basti dwellers freeze in open after slum demolition http://timesofindia.indiatimes.com/city/delhi/Shakur-Basti-dwellers-freeze-in-open-after-slum-demolition/articleshow/50167165.cms 
3. Shakur Basti demolition: Case lodged in toddler's death; slugfest between political parties  http://zeenews.india.com/news/delhi/shakur-basti-demolition-case-lodged-in-toddlers-death-slugfest-between-political-parties-intensifies_1834522.html

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