Provide beds, tents in subways near govt hospitals: Delhi HC

The bench observed that the government and its agencies are duty-bound to ensure that the homeless and those in search for treatment are given adequate space to take shelter.

The Delhi High Court on Wednesday directed the Delhi Urban Shelter Improvement Board (DUSIB) to take charge of subways near major government hospitals and immediately provide beds and winterised tents for patients’ relatives, asserting that the denial of shelter amounts to a violation of fundamental rights.

The court mandated that DUSIB take over these subways by Wednesday evening and erect tents or shelters with essential amenities. (HT PHOTO)

A bench of chief justice DK Upadhyaya and justice Tejas Karia observed that the government and its agencies are duty-bound to ensure that the homeless and those in search for treatment are given adequate space to take shelter.

“Ours is a social welfare state, and accordingly, the right to adequate shelter, if denied to the citizenry, amounts to a violation of the fundamental rights under Part III of the Constitution. The state and its agencies, such as the hospitals, development authorities or municipal corporations, cannot shirk away from their responsibility to provide adequate shelter to those who are visiting hospitals in search of better medical care. No refuge can be denied such facilities due to paucity of funds or any other resources,” the court said.

The order specifically covers areas near major government hospitals in Delhi such as All India Institute of Medical Sciences (AIIMS), Ram Manohar Lohia (RML) Hospital, Vardhman Mahavir Medical College, Lady Hardinge Medical College.

The court mandated that DUSIB take over these subways by Wednesday evening and erect tents or shelters with essential amenities.

The directive came during a suo motu hearing initiated based on a news report highlighting inadequate night shelter facilities near AIIMS.

DUSIB’s lawyer submitted a letter to the director of night shelter for AIIMS, Vardhman Mahavir Medical College, Lady Hardinge Medical college and Dr Ram Manohar Lohia Hospital, seeking permission to erect pagoda tests till March 26 for patients and their attendants in open spaces available in the premises of the respective hospital.

The Centre’s counsel, Ashish Dixit, who visited shelters near AIIMS and Safdarjung Hospital, reported an urgent need for at least 400 additional beds, noting most occupants were cancer patients or their attendants.

However, AIIMS counsel Satya Ranjan Swain raised security concerns, submitting that the hospital director deemed structures within its premises unnecessary.

To resolve the impasse, the court ordered a meeting on January 15 under the chairmanship of the principal district judge (south). The committee will include officials from the hospitals, Delhi Police, DUSIB, and the Delhi Development Authority to formulate a short-term plan. The Principal District Judge will have final decision-making authority in case of disputes.

The court scheduled the next hearing for Friday.