This paper aims to outline a comprehensive legal framework to tackle
homelessness, focusing on rain basera shelters, societal impacts, awareness,
judicial approaches, and government notifications. It emphasizes the need to
address homelessness as a human rights issue, proposing reforms based on
existing laws, policies, and judicial decisions. Drawing on international
standards, it recommends measures for prevention, housing access, and support
services to uphold the rights and dignity of homeless individuals.
Consequently, there exists a need for a systematic study of the subject.
Statement of Problem
There's a critical need for shelter homes due to a growing demand fueled by
factors such as economic hardship, natural disasters, and systemic failures. It
emphasizes the urgent requirement for immediate relief and assistance for
marginalized populations facing homelessness, stemming from rising housing
costs, inadequate social support, and unforeseen crises. Without prompt
intervention, these vulnerable groups face exposure to harsh conditions, safety
risks, and declining health, underscoring the necessity for comprehensive
solutions to address homelessness and uphold basic human rights.
Literature Review:
Case laws:
People's Union for Civil Liberties vs. Union of India & Ors. [PUCL vs Union
of India] [9]case, known as the "Night Shelter Matters," is a significant legal
battle in India focusing on homeless individuals' fundamental rights,
particularly the right to shelter. Scholars highlight judicial activism in
protecting these rights, expanding the legal framework, and influencing policy.
Discussions emphasize addressing intersectional vulnerabilities, critiquing
implementation challenges, and conducting comparative analyses. Overall, the
literature underscores the importance of judicial intervention in advancing
human rights, while recognizing the complexities in translating court decisions
into practical outcomes.
Articles:
B.B. Pande, The Constitutionality of Basic Human Needs: An Ignored Area of Legal
Discourse[10]
(Pande, 1989)sheds light on the overlooked aspect of constitutional protection
for basic human needs. Pande critiques the existing legal framework for its lack
of explicit acknowledgment of these needs and calls for a rights-based approach.
Through comparative analysis, Pande highlights policy implications and advocates
for interdisciplinary dialogue to ensure the realization of fundamental human
rights.
Debanjana Nag, Shelter Homes and Elderly Women: A Case Study of Varanasi
district of Uttar Pradesh[11]
Debanjana Nag's article examines the experiences of elderly women in shelter
homes in Varanasi, Uttar Pradesh. It discusses their vulnerability and the need
for social support, outlines the study's methodology and findings, and explores
intersectional perspectives. The article suggests policy implications and
recommendations for improving the well-being of elderly women in shelter homes,
contributing to the literature on gender, aging, and social welfare.
Reports:
Law Commission of India's Report No. 138, "Legislative Protection for Slum and
Pavement Dwellers" (December 1990), addresses the legal framework for
marginalized urban populations. It contextualizes rapid urbanization, identifies
challenges like inadequate housing, and proposes legislative measures. Scholars
assess policy implications, community perspectives, and long-term impacts,
emphasizing the need for sustained advocacy for social justice in India's urban
governance.
Hypothesis:
The sensational need for shelter homes is driven by a combination of
socio-economic factors, including rising housing costs, inadequate social
support systems, and systemic failures in addressing homelessness, leading to an
increasing demand for temporary housing and support services among marginalized
populations.
Objective of Study:
- To investigate the relationship between rising housing costs and the demand for shelter homes among marginalized populations.
- To assess the adequacy of existing social support systems in addressing the needs of individuals experiencing homelessness.
- To examine systemic failures in current approaches to addressing homelessness and their impact on the demand for shelter homes.
- To explore the experiences and perspectives of marginalized populations regarding their access to and utilization of shelter homes.
- To identify potential strategies and policy interventions to address the sensational need for shelter homes and mitigate the underlying socio-economic factors contributing to homelessness.
Research Questions:
- What is the correlation between the increase in housing costs and the rise in demand for shelter homes among marginalized populations?
- How effective are current social support systems in meeting the needs of individuals experiencing homelessness?
- What specific systemic failures exist within current approaches to addressing homelessness, and how do they influence the demand for shelter homes?
- What are the lived experiences and perspectives of marginalized populations regarding their access to and utilization of shelter homes?
- What potential strategies and policy interventions can be implemented to alleviate the sensational need for shelter homes and address the socio-economic factors contributing to homelessness?
Research Methodology
The research intends to adopt empirical as well as doctrinal method to study. The nature of research is intended to be descriptive and analytical. Data for study will be gathered from both primary sources, such as textbooks, journals, articles and by a survey, both online and offline.
Scope and Limitation of the Study:
Scope: This study aims to comprehensively examine the factors contributing to the pressing demand for shelter homes, including socio-economic challenges, systemic failures, and societal impacts on homelessness.
Limitation: The study may face limitations in fully capturing the nuances and complexities of the sensational need for shelter homes due to the multifaceted nature of homelessness and potential difficulties in accessing comprehensive data on marginalized populations. Additionally, the study's findings and recommendations may be influenced by political, cultural, and contextual factors, which could impact the feasibility and implementation of proposed interventions.
Introduction
A Persons' Dignity Lies In The Place Where He Lives�
Shelter homes are made for the poor but they squander as junk.
In contemporary society, homelessness persists as a pressing issue affecting
individuals across diverse socio-economic backgrounds. It encompasses various
forms and requires an understanding of its complex dynamics, including its
underlying causes and societal implications.
This chapter aims to provide an overview of homelessness, highlighting the
importance of investigating housing costs and shelter home demand. Basic
necessities like food, water, and shelter are essential for survival.
However, many individuals lack access to these necessities, forced to sleep on
footpaths, drink dirty water, and scavenge for food. Despite government
initiatives and efforts by NGOs, homelessness remains a significant challenge
with dire consequences, especially during harsh weather conditions.
What are shelter homes?
To understand the stance of shelter homes in India it is important to understand
the true meaning of shelter homes. By the Oxford English definition, the meaning
of shelter is "A place giving temporary protection from bad weather or danger."
By the Merriam-Webster dictionary meaning shelter means "something that covers
or affords protection." This suggests that the concept of shelter homes was
built to afford care and protection to those distressed or underprivileged from
an unfavorable environment.
Homelessness In India: - Nature And Scope
Vagrancy is a significant issue in India. The Widespread Revelation of Common
freedoms characterizes 'destitute' as the individuals who do not live in a
standard home because of an absence of sufficient lodging, wellbeing, and
availability. The Unified Countries Financial and Social Committee Articulation
have a more extensive definition for vagrancy; it characterizes vagrancy as
follows:
'When we are looking at lodging, we are not simply discussing four
dividers and a rooftop. The right to satisfactory lodging is about the security
of residency, reasonableness, admittance to administrations, and social
ampleness.
It is about insurance from constrained removal and relocation,
battling vagrancy, destitution, and exclusion. India characterizes 'destitute'
as the individuals who don't reside in Statistics houses, yet rather stay on
asphalts, side of the road, rail line stages, flights of stairs, sanctuaries,
roads, pipes, or other open spaces. There are 1.77 million vagrants in India, or
0.15% of the nation's aggregate populace, as per the 2011 evaluation comprising
of single men, ladies, moms, the older, and the disabled.
Nonetheless, it is
contended that the numbers are far more prominent than accounted by the point in
time technique. For instance, while the Registration of 2011 included 46.724
destitute people in Delhi, the Indo-Worldwide Social Help Society counted them
to be 88,410, and another association called the Delhi Advancement Authority
counted them to be 150,000. Besides, there is a high extent of deranged and road
kids in the destitute population.
There are 18 million road kids in India, the
biggest number of any country on the planet, with 11 million being urban. At
long last, multiple million people are destitute in India's capital city of New
Delhi; the equivalent populace in Canada would make up around 30 constituent
areas. A group of four individuals has a normal of five destitute ages in India.
There is a lack of 18.78 million houses in the country. The outnumber of houses
has expanded from 52.06 million to 78.48 million (according to 2011 evaluation).
Notwithstanding, the nation actually positions as the 124th richest country on
the planet as of 2003. In excess of 90 million individuals in India make not
exactly US$1 each day, subsequently setting them underneath the worldwide
neediness limit. The capacity of the public authority of India to handle
metropolitan vagrancy and neediness might be impacted in the future by both
outside and inward factors.
The quantity of individuals living in ghettos in
India has dramatically increased previously twenty years and presently surpasses
the whole populace of England, the Indian Government has announced. Around 78
million individuals in India live in ghettos and tenements. 17% of the world's
ghetto occupants' dwell in India. Resulting to the arrival of Slumdog Mogul in
2008, Mumbai was a ghetto vacationer location for slumming where vagrants and
ghetto inhabitants the same could be straightforwardly seen by tourists.
The Census of India 2011 defines 'houseless household' as, 'households who do
not live in buildings or census houses but live in the open on roadside,
pavements, in hume pipes, under flyovers and staircases, or in the open in
places of worship, mandaps, railway platforms, etc.'.
According to the Census of 2011, India has more than 1.7 million homeless
residents, of which 938,384 are located in urban areas. These figures, however,
grossly underestimate the real numbers of the homeless. Civil society
organizations estimate that at least one per cent of the population of urban
India is homeless. Based on this, it can be extrapolated that the population of
the urban homeless is at least 3 million. In the capital city of Delhi alone, at
any given point, civil society estimates place the number of homeless at around
150,000 - 200,000, of which at least 10,000 are women. India also has the
highest number of street children in the world but there is no official data on
their numbers or adequate schemes to respond to their special needs and
concerns.
Estimated Number of Homeless People in Different Cities across India
- Delhi: 150,000 - 200,000
- Chennai: 40,000 - 50,000
- Mumbai: 200,000 (including Navi Mumbai)
- Indore: 10,000 - 12,000
- Vishakhapatnam: 18,000
- Bangalore: 40,000 - 50,000
- Hyderabad: 60,000
- Ahmedabad: 100,000
- Patna: 25,000
- Kolkata: 150,000
- Lucknow: 19,000
[ Source: Independent estimates from organizations working on homelessness][12]
Causes:
Homelessness is in part a direct result of families migrating from pastoral to
civic metropolises and urbanization. Migration to civic areas can do for a
variety of reasons ranging from loss of land, need for sustainable employment,
lack of clean water and other offers, and in some cases like the. Bargi Dam
Project, loss of all property, and complete relegation. Once reaching
metropolises, homeless. attempt to produce harbors out of drum, cardboard, wood,
and plastic.
Slums can give an escape, yet. individualities frequently can't go
them. Individualities passing homelessness may witness abuse, maltreatment, and
lack of access to seminaries and healthcare. Some other problems leading to
homelessness include disability (either internal, physical, or both). lack of
affordable casing (an introductory apartment in India costs roughly US$ 70 per
month, severance (either seasonal or through profitable rigors), and changes in
assiduity. Dereliction of the old, mentally ill, unattached pregnant women,
helpless separated women, and girl children also. are some of the main causes of
homelessness in India.
Jobs involving heavy assiduity and manufacturing (that
bear only a high academy position of education) are being replaced by service
assiduity jobs (which may or may not bear an advanced position of education).
Since the university is less affordable for the average Indian than it's for the
average North American or European citizen due to their lower per capita income
position, further people in India are, getting employable for the jobs of the
21st century.
The average per capita income for a citizen of India is slightly
further than US$; compared to US$ in Canada and further than US$ in,
Switzerland. Policymakers attribute the following factors as the main causes of
homelessness substance use, internal illness, relationship failures, and
domestic abuse. These place responsibility and blame directly on the homeless.
Programs related to the deinstitutionalization of care for mentally ill people
and the Posterior abandonment of a family member with internal illness by the
family have also increased the number of people living without a roof over their
heads.
Street Children
A group of children by the fireside, living a life they never envisioned with a
future that looks ever so grim without any helping hand from the administration.
Street children fall under the broader order of children in especially delicate
circumstances (CEDC) and are considered the most hovered of all children in CEDC.
It's estimated that there are further than road children in India. According to
UNICEF, road children can be. broken up into four sections at-threat children
who live with family but work on the thoroughfares for income, children who
primarily stay on the road but have some hearthstone with family, children who
spend utmost of their lives on the road and don't live with or contact family,
and eventually abandoned children. who is on their own with no adult numbers?
Children flee homes of poverty, violence, oppression, and exploitation and
ultimately live on the thoroughfares.
Children are frequently privy to
exploitation and physical and internal abuse due to domestic stress, depression,
and inordinate alcohol use. When they run down from their families to find a
better life, children face Harlotry and physical labor. Children as youthful as
6 sift through scrap seeking plutocrat to buy food. Likewise, children live on
the thoroughfares as a result of urbanization, poverty, severance, alcoholic
families, the death of parents, bad connections with new parents, and medicine.
use. Street children frequently have bad performance and geste issues in the
academy and may ultimately drop out, leading to low knowledge. They're stripped
of their right to education and recreation. (8)
This ties into a cycle
immortalizing poverty and homelessness. Street children have further physical
and internal health issues than non-street children. Assuming children will ask
for backhanders, hospitals hesitate services, increase prices, or refuse them
proper care. These issues can beget road children to come depressed or asocial
with negative approaches to life. Road children suffer from multiple forms of
abuse. Utmost experience verbal and cerebral abuse, some experience general
abuse and neglect, smaller suffer from health abuse and a small. the number from
physical (including sexual) abuse.
Data shows that high situations of one type
of abuse are identified with high situations of another, with the quantum of
abuse adding with age and income. Frequently, abuse comes from police or
manipulative employers and occupations. Also, studies show that boys are more
crushed than girls on the thoroughfares.
Eventually, abuse can stem from
children with. scale on the thoroughfares. Members of a group help cover each
other to survive. Still, aged. member frequently abuses the young children.
Homelessness and poverty are the main causes of child labor in India. Census
2011 reported that there nearly 43.5 lakh children progressed 5 - 14 times work
to support themselves and their families. According to UNICEF, nearly 12 of all
of India's children are sloggers. In numerous cases, poor parents. have no
choice but to shoot their children to work in unsafe and dangerous conditions.
Challenges Faced By The Homeless
One challenge the homeless face is the attainability to harbors. Although
harbors are available for the homeless in certain metropolises, numerous
homeless people choose to not use them and live on the thoroughfares rather due
to colorful different reasons. One reason is that homeless individuals who are
affected by mobility issues can't access them and are doubtful about how harbors
serve. Another is that occasionally harbors are located in unobtainable areas
and have a disguised armature and poor layouts of the innards".
Harbors
frequently warrant backing and offer to make them more seductive for the
homeless population. Harbors also demand a small figure per night, incontinently
rendering them inapproachable to numerous homeless. The homeless may view
harbors as crowded spaces with poor sanitation where medicine addicts and
stealers may also take a retreat. Occasionally harbors do not allow individuals
to bring particular things with them which is another factor that discourages
homeless individuals from using the harbors.
Likewise, sanctum officers,
directors, and caretakers aren't incentivized to keep the harbors clean and
welcoming. Temporary harbors also run the threat of being demolished and
frequently force the homeless to change their position of stay. Another
challenge faced by the homeless is exposure to extreme rainfall in summer and
downtime. A sturdy plant that between January 2005 and December 2009, seven
homeless individualities passed down every day in Delhi.
Their deaths weren't
recorded by the police and they also didn't admit a Burial. Homeless people also
suffer from bad health and extremely limited access to medical installations.
Some of the reasons include lack of proper identity documents needed by medical
installations, cost, and the inclination of health care providers to outright
reject them. In 2010, the UNDP India conducted a check that plant that only
about 3 of the homeless people held an identity ID or ration card.
A Growing Concern
An adding number of settlers looking for employment and better living norms are
snappily joining India's homeless population. Although non-governmental
organizations are helping to relieve the homelessness extremity in India, these
organizations aren't enough to break the entire problem. Attempts at gentrifying
India's problematic neighborhoods are also bringing homelessness situations up.
Laws passed by the Municipal Corporation of Mumbai during the 1970s and the
1980s were held by the Indian Courts to be violations of people's right to life
in addition to their right to a decent livelihood. A corner case in 1986, still,
would affect in the favor of the homeless millions of India. The first decade of
the 21st century would see people demurred out of Sanjay Gandhi National Park
with the government using a massive military force of copters and heavily
fortified police officers.
FACILITIES
The shelter homes should provide all the facilities like water, food,
electricity, first aid, rehabilitation toilet, bathrooms, blankets, etc. The
government should make sure that these shelter homes are located on main roads
so that these shelter homes are easy to find. There should also be a proper
board displaying the name of the shelter homes so that they could easily be
traced. Government should also assure safety and security for people who come to
five the government should make more people aware of the fact that living in
rain basera based is safer than living along the roads and on footpaths.
Conclusion
As we embark on a deeper exploration of homelessness, it becomes evident that
its resolution requires a multifaceted approach encompassing economic, social,
and policy dimensions. By elucidating the background and context of homelessness
and emphasizing the importance of investigating housing costs and shelter home
demand, this study aims to contribute to a more comprehensive understanding of
this complex societal issue. Through concerted efforts and evidence-based
interventions, we can strive towards building inclusive communities where
everyone has access to safe and stable housing.
Relationship Between Housing Costs And Shelter Home Demand
Understanding the intricate relationship between housing costs and shelter home
demand is crucial for devising effective strategies to combat homelessness. This
chapter delves into data analysis and trends, correlation analysis, and
geographic considerations to elucidate the complex dynamics at play.
Importance Of Investigating Housing Costs And Shelter Home Demand
Central to the discourse on homelessness is the examination of housing
affordability and the availability of shelter options. Rising housing costs in
urban centers, coupled with stagnant wages, have rendered housing unattainable
for many individuals and families, pushing them towards precarious living
situations or outright homelessness. Investigating the dynamics of housing costs
elucidates the structural inequalities and systemic barriers contributing to
housing insecurity.
Moreover, understanding the demand for shelter homes provides insights into the
scale and scope of homelessness within communities. By assessing the utilization
rates of existing shelters and projecting future needs, policymakers can tailor
interventions to address gaps in service provision and ensure equitable access
to housing assistance.
The investigation of housing costs and shelter home demand is paramount in
addressing the multifaceted issue of homelessness.
Firstly, examining housing costs sheds light on the structural inequalities and
systemic barriers that contribute to housing insecurity. In many urban centers,
housing costs have been steadily rising while wages have remained stagnant,
making it increasingly difficult for individuals and families to afford stable
housing. As a result, many people are forced to allocate a significant portion
of their income towards housing expenses, leaving them vulnerable to financial
instability and housing instability. Investigating the dynamics of housing costs
helps policymakers understand the root causes of housing affordability
challenges and develop targeted interventions to address them. This might
include initiatives such as rent control, affordable housing developments, or
subsidies for low-income households.
Furthermore, understanding the demand for shelter homes provides crucial
insights into the scale and scope of homelessness within communities. By
assessing the utilization rates of existing shelters and projecting future
needs, policymakers can better allocate resources and tailor interventions to
address gaps in service provision. For example, if there is a significant
increase in demand for shelter beds during certain seasons or in specific
geographic areas, policymakers can work to expand shelter capacity in those
areas or implement alternative solutions such as temporary housing vouchers or
rapid rehousing programs. Additionally, understanding the demographics and needs
of individuals experiencing homelessness can inform the development of targeted
support services and programs to help them transition out of homelessness and
into stable housing.
In summary, investigating housing costs and shelter home demand is essential for
developing effective strategies to address homelessness. By understanding the
underlying factors contributing to housing insecurity and the specific needs of
individuals experiencing homelessness, policymakers can work towards creating
more equitable and inclusive communities where everyone has access to safe and
stable housing.
Data Analysis And Trends:
Comprehensive data analysis is indispensable for gaining insights into the
relationship between housing costs and shelter home demand. By examining
longitudinal data sets, researchers can identify trends over time, such as
fluctuations in housing prices, shifts in demographics of individuals
experiencing homelessness, and changes in shelter utilization rates. Analyzing
data from various sources, including government agencies, non-profit
organizations, and academic research, provides a comprehensive understanding of
the factors influencing homelessness dynamics.
Data analysis and trends are fundamental tools for understanding the complex
relationship between housing costs and shelter home demand. Through
comprehensive examination of longitudinal data sets, researchers can glean
valuable insights into the evolving dynamics of homelessness and its correlation
with housing affordability.
This process involves several key components:
- Longitudinal Analysis: Longitudinal analysis involves studying
data over an extended period to identify patterns and trends. By tracking
housing costs, shelter utilization rates, and demographic shifts over time,
researchers can discern long-term trends and fluctuations in homelessness
dynamics. For example, they may observe how changes in economic conditions,
housing policies, or social factors influence homelessness rates and shelter
demand over the years.
- Fluctuations in Housing Prices: Analyzing housing prices and
rental rates is crucial for understanding housing affordability challenges.
Researchers examine trends in housing costs across different regions and
housing markets, identifying areas where affordability is particularly
strained. By monitoring fluctuations in housing prices, researchers can
assess the impact on individuals' ability to secure stable housing and the
risk of homelessness within communities.
- Shifts in Demographics: Understanding the demographics of
individuals experiencing homelessness is essential for developing targeted
interventions and support services. Data analysis allows researchers to
identify demographic trends, such as age, gender, ethnicity, and household
composition, among those accessing shelter services. By tracking demographic
shifts over time, researchers can adapt strategies to meet the evolving
needs of vulnerable populations and address underlying systemic issues
contributing to homelessness.
- Changes in Shelter Utilization Rates: Analyzing shelter
utilization rates provides insights into the demand for emergency housing
and support services. Researchers examine factors driving fluctuations in
shelter occupancy, such as seasonal variations, economic conditions, and
changes in eligibility criteria. By identifying patterns in shelter
utilization, policymakers can allocate resources more effectively, ensuring
that shelters are adequately equipped to meet demand during peak periods and
emergencies.
Conclusion
The relationship between housing costs and shelter home demand is multifaceted
and influenced by various economic, social, and geographic factors. By
conducting rigorous data analysis, exploring correlation patterns, and
accounting for geographic considerations, researchers and policymakers can
develop evidence-based strategies to address homelessness effectively. By
understanding the underlying dynamics driving homelessness at the local,
regional, and national levels, communities can work towards creating more
equitable and inclusive housing systems that ensure everyone has access to safe
and stable housing.
Songs of Solace: Navigating the Shadows of Support
Adequacy of Existing Social Support Systems
According to the census report of 2011, approximately 13.75 million households
or approximately 65-70 million people reside in urban slums. The central idea
revolving around the article is to provide the laws and redressal methods
available for redressing the issue of homelessness in India.[13]
It is the responsibility of the government, as mandated by the Constitution of
India, to ensure that all citizens have access to shelter. This duty is
underscored by the Fundamental Rights enshrined in the Constitution, which
guarantee protection of the right to adequate housing.
Article 21 of the Constitution of India guarantees the right to protection of
life and personal liberty. In the case of pavement dwellers (Oliga Tellis v.
Bombay Municipal Corporation)[14], the Supreme Court interpreted Article 21
broadly, emphasizing that it encompasses more than just the preservation of life
and includes the right to a dignified life. Articles 14, 19, and 21 are
recognized by the apex court as crucial factors in ensuring the dignity of
individuals, and states are mandated to protect this dignity by providing
housing for the homeless.
Additionally, the Constitution includes other safeguards for homeless
individuals:
- Article 39(1) directs state policy to ensure equal access to adequate
livelihood for both men and women.
- Article 42 mandates the state to make provisions for just and humane
working conditions and maternity relief.
- Article 47 imposes a duty on the state to enhance nutrition levels,
standard of living, and public health.
The Supreme Court addressed the issue of homelessness in the 'right to food
case' in 2010 (PUCL v. Union of India and Others)[15]. As a result, the court
issued an order requiring the provision of at least one shelter per 100,000
population in every major urban area to meet the essential needs of the urban
homeless. The court mandated that these shelter homes should operate
continuously throughout the year, 24 hours a day, 7 days a week, and should not
be limited to specific seasons.
The challenges posed by urban poverty can be broadly categorized into three main
areas: residential vulnerability, social vulnerability, and occupational
vulnerability. These challenges are interconnected, with factors such as lack of
access to basic amenities, social deprivation based on factors like gender and
age, and precarious livelihoods in the informal sector contributing to the
overall vulnerability of urban populations.
Recent observations by the Supreme Court have highlighted the difficulties faced
by urban homeless individuals, emphasizing the importance of providing dignified
shelters as a fundamental right under Article 21 of the Indian Constitution,
which guarantees the right to life. This underscores the urgent need to develop
policies and programs to address the needs of the urban homeless population.[16]
To address these issues, the Ministry of Housing and Urban Poverty Alleviation (MHUPA)
has been implementing the Swarna Jayanti Shahari Rozgar Yojana (SJSRY) centrally
since 1997. This scheme was reconstituted as the Deendayal Antyodaya Yojana �
National Urban Livelihoods Mission in September 2013. The National Urban
Livelihoods Mission (NULM) has been implemented in all district headquarters and
cities with a population of 1 lakh or more since September 24, 2013[17].
The latest official data reveals that since the inception of the Shelter for
Homeless program under the National Urban Livelihoods Mission (NULM) in 2013,
only 658 shelters have been established. These shelters currently accommodate a
total homeless population of 35,000, which is less than five percent of the
overall urban homeless population of 9.38 lakh.
Among the 18 states covered by the program, several, including West Bengal,
Uttarakhand, Punjab, Odisha, Gujarat, and Chhattisgarh, have a poor track record
of establishing shelters, with only one to five shelters each.
There exists a prevailing bias viewing the homeless as migrants who may not
warrant support. While initiatives like the Pradhan Mantri Awas Yojana (PMAY)
have been expanded to include the middle class, efforts to address homelessness
remain inadequate.[18]
Under the NULM Scheme, various types of shelters are envisaged to cater to
different needs:
- Men shelters: Given the higher number of homeless men, shelters
specifically tailored to single men should be established.
- Women shelters: Specialized shelter homes should be constructed to
ensure the safety and well-being of homeless women and their children.
- Family shelters: Dedicated shelters with adequate privacy and separate
rooms should be provided to accommodate homeless families.
- Special shelters: These shelters should cater to the unique needs of
individuals such as the elderly, mentally ill, sick, recovering patients,
and their families, as well as other special circumstances.
The primary critique leveled against the NULM Scheme is its focus on providing
temporary shelters to homeless individuals without addressing the underlying
issue of securing permanent housing with basic living standards. Critics argue
that the scheme fails to offer homeless individuals any pathway to acquiring
permanent dwellings of their own.
For instance, Bilal, an 80-year-old who migrated from Pakistan to India 25 years
ago, now relies on one of the rain baseras (night shelters) near Nizamuddin for
accommodation.[19]
In India, there has been no legislation, policy, or directive aimed at ensuring
homeless people have access to medium- and long-term housing options. Notably,
they are not included in initiatives such as the Housing for All Scheme.
Initiative by State government
The ongoing litigation regarding the PIL in the Supreme court of India (E.R.
Kumar v. Union of India and Ors.)[20] where the apex court has directed the
States to file an affidavit regarding the status of the homeless person in their
States. Many states have started complying and have started building shelter
homes and rain baseras for the homeless but still, there are many states who
haven't yet complied with the directions of the apex court.
Leilani Farha, the UN Special Rapporteur on the Right to Adequate Housing,
visited India in April 2016 and strongly recommended that policymakers should
develop and implement a human rights-based housing policy targeting people
living on the streets and in slums to address poverty and inequality.
An ongoing case in the Supreme Court of India, E. R. Kumar and Anr. v. Union of
India and Ors., focuses on homelessness. The court directed state and union
territories' administrators to submit affidavits regarding the implementation of
relevant schemes and policies. It formed an Executive Committee chaired by the
Secretary of the Ministry of Housing and Urban Poverty Alleviation to oversee
these efforts. The court emphasized both the quantity and quality of shelter
homes.
Despite strict court orders since 2003, states and union territories have failed
to provide adequate reports. Justice Kailash Gambhir's committee was established
to verify shelters' compliance with operational guidelines and ensure minimum
facilities, especially during winter. Recently, Justices Madan B Lokur and
Deepak Gupta ordered the report's upload on the Ministry's website for necessary
action.
Internationally, the Universal Declaration of Human Rights (Article 25) and the
International Covenant on Economic, Social, Cultural Rights (Article 11(1))
recognize the right to housing.
Despite court directives, the Indian government's slow response has led to
ongoing exploitation of human rights among the homeless, including child abuse
and sexual exploitation. There's a need for a national policy focusing on
providing permanent housing rather than temporary shelters for the homeless.
For Children
Child Protection entails safeguarding children from perceived or real threats to
their lives, well-being, and childhood. Its goal is to minimize their
vulnerability to harm and ensure their safety in adverse situations. It aims to
prevent any child from falling through the cracks of social security and safety
nets, and to provide necessary care, protection, and support for those who do,
enabling them to reintegrate into the safety net. While every child has the
right to protection, certain children are more vulnerable and require special
attention.
Children residing in Child Care Institutions (CCIs) or Homes encompass various
categories, including those who are orphaned, abandoned, surrendered, sexually
abused, victims of child pornography, trafficked for various purposes (such as
domestic work, labor, or commercial sexual exploitation), subjected to child
marriage, affected by HIV/AIDS, impacted by natural or man-made disasters and
conflicts, homeless, runaway or missing, and those with mental or physical
challenges.
Child Care Institutions (CCIs) play a crucial role in fostering the holistic
development of children and providing them with a nurturing and child-friendly
environment. Over the years, there has been a series of legislations pertaining
to CCIs, including The Apprentices Act, 1850; The Reformatory Schools Act, 1897;
Probation Acts and Borstal Act, 1929; Children Act, 1960; and Orphanages and
Charitable Homes Act, 1960. The current legislation, the JJ Act of 2015,
mandates registration for all homes, aiming to address existing ambiguities
surrounding CCIs in India. The definition of CCI was established under the
Juvenile Justice (Care and Protection of Children) Act, 2015, which categorizes
various types of homes, such as Children Home, Open Shelter, Observation Home,
Special Home, Place of Safety, Specialized Adoption Agency (SAA), and fit
facility.
In a study conducted by the Ministry of Women and Child Development (MWCD), it
was discovered that out of the 9589 Child Care Institutions (CCIs) or Homes
examined, there were 7422 children categorized as being in conflict with the law
(CCL). Among these, 5617 were boys and 1805 were girls. Additionally, the study
identified 370,227 children categorized as Children in Need of Care and
Protection (CNCP), comprising 199,760 boys, 170,375 girls, and 92 transgender
children.
The 9589 Child Care Institutions (CCIs) or Homes receive financial support from
diverse channels, including government, non-government, and other sources. When
analyzed based on specific funding sources, approximately 56.8% of these
institutions rely on individual donations, 42.3% receive funding from government
grants, 14.8% benefit from non-government grants, and 23.4% obtain funds from
foreign sources.
For Women:
- Short stay home[21]:
Established in 1969 by the former Department of Social Welfare, Short Stay Homes
serve as temporary shelters for women and girls facing various forms of social
and moral jeopardy or homelessness due to experiences of violence, abuse,
exploitation, destitution, lack of economic support, emotional distress, or
mental illness. These shelters typically provide accommodations for a duration
ranging from six months to three years, with a preference for individuals aged
between 15 to 35 years.
Alongside lodging, the Short Stay Home scheme extends maintenance and
rehabilitation services facilitated by voluntary organizations. It permits
children up to the age of seven years to reside with their mothers, following
which they are transferred to children's homes. Additionally, the scheme
mandates vocational training and skill development initiatives.
- Working Women's Hostels[22]:
Established in 1972-73, these hostels were conceived to provide secure,
economical, and convenient lodging options for women engaged in paid employment.
These accommodations are intended to be situated in urban centers, smaller
towns, and even rural areas. Eligibility for residence in these hostels extends
to single, widowed, divorced, separated, or married women whose husbands or
families reside elsewhere. Preference is given to individuals from disadvantaged
backgrounds and those with physical disabilities. According to the June 2015
policy governing these hostels, occupancy is limited to women with a gross
monthly income not exceeding Rs. 50,000 in metropolitan areas or Rs. 35,000
elsewhere. Children up to the age of 18 years (girls) and 5 years (boys) are
permitted to reside with their mothers. Additionally, these hostels provide
daycare facilities for residents' children. The maximum duration of stay in such
accommodations is three years.
- Swadhar Homes[23]:
Introduced in 2001-02 under the Swadhar scheme by the Department of Women and
Child Development, these facilities were created in response to the limitations
observed in the Short Stay Homes scheme. The Swadhar scheme aims to deliver
comprehensive services to women lacking socio-economic support, such as
destitute individuals, impoverished widows, survivors of natural disasters and
terrorist/extremist violence, migrants or refugees, former prisoners without
family assistance, and women abandoned by their families due to physical/mental
disabilities. The range of services provided under the Swadhar scheme
encompasses provisions for food, clothing, shelter, healthcare, counseling,
legal aid, and socio-economic rehabilitation, which includes educational
support, awareness campaigns, and skill development initiatives.
- Ujjawala[24]:
Established in 2007 by the Ministry of Women and Child Development, Ujjawala is
a scheme specifically designed to address the needs of survivors of trafficking
for commercial sexual exploitation, both adult females and minors. It aims to
facilitate prevention, rescue, rehabilitation, reintegration, and repatriation
efforts. Ujjawala homes were established to provide survivors with essential
support services including food, shelter, clothing, education, vocational
training, livelihood opportunities, as well as medical and legal assistance.
Additionally, for survivors from other countries, the scheme incorporates
mechanisms to facilitate their reintegration and repatriation. The
implementation of the scheme is carried out by non-governmental organizations.
- Swadhar Greh[25]:
Following a performance evaluation of the Short Stay Homes and Swadhar Homes in
2007, which revealed overlaps between the two schemes, they were merged during
the same year. The objective was to streamline administrative processes and
procedures while improving overall functionality. The merged entity, known as
Swadhar Greh, has since been managed by voluntary organizations with state
support on a non-profit basis. It was recommended that each district in the
country should have at least one Swadhar Greh. These new shelters, depending on
local requirements, are permitted to accommodate between 50 and 100 residents.
Similar to other residential facilities, the residents of Swadhar Greh include
victims of violence, the destitute, abandoned individuals, and those affected by
HIV/AIDS, among others. The age eligibility for residents was set at 18 years
and above.
- One Stop Crisis Centre (OSCC)[26]:
Established in 2014, the One Stop Crisis Centre (OSCC) was established based on
recommendations made by a legal commission formed in the aftermath of the 2012
gang rape incident in Delhi. Additionally, the 12th Commission on Women's Agency
and Empowerment had suggested the implementation of an OSCC on a pilot basis.
The OSCC functions as a comprehensive support system, offering a single-window
clearance and multi-level assistance to survivors of violence at designated
hospitals. It provides temporary shelter for a maximum duration of five days to
survivors of both private and public violence occurring within the home,
workplace, or community.
Women experiencing various forms of violence, including
attempted sexual harassment, sexual assault, domestic violence, trafficking,
honor-related crimes, acid attacks, or witch-hunting, are eligible for
specialized services upon reaching out to or being referred to the OSCC. The
center caters to the needs of girls and women of all ages, offering a range of
services such as basic necessities, shelter, medical aid, legal assistance,
police complaints, counseling, emotional support, emergency response, rescue
services, and access to a police desk connected to a 24-hour helpline.[27]
- Faith-based shelters:
Religious institutions and trusts have historically administered charitable
programs for the impoverished and destitute. Various models of shelter homes are
operated by Hindu temple trusts, Jain foundations, Christian missionaries,
Muslim charity organizations, and others. Alongside providing free meals,
education, and medical services, shelter homes for children and women constitute
a significant aspect of their philanthropic endeavors.
For Elderly People
Old age homes cater to senior citizens who are either unable to reside with
their families or are destitute. States such as Delhi, Kerala, Maharashtra, and
West Bengal have established high-quality old age homes with specialized medical
facilities including mobile healthcare systems, ambulances, nursing staff, and
nutritious meals. India boasts over a thousand such facilities, many of which
offer accommodation free of charge, while others operate on a payment basis
depending on the range and quality of services provided. In addition to lodging,
meals, and medical care, old age homes often offer yoga classes for residents.
They also facilitate communication with loved ones through access to telephones
and other means of contact. Some old age homes feature day care centers where
senior citizens can spend the day under supervision.[28]
For Urban Homeless Population[29]
- Men's shelters: Due to the higher proportion of men among the homeless population, it is proposed to establish separate shelters specifically tailored to meet the needs of single working men.
- Women's shelters: Shelters exclusively designated for women, including their location, design, services, and support systems, would be developed to address the specific needs of women and their dependent children. It is recommended that in every Urban Local Body (ULB), regardless of population size, at least one such shelter for women would be established.
- Family Shelters: To accommodate families residing on the streets, specialized family shelters will be established, featuring a design that ensures privacy while also providing shared common areas.
- Unique Shelters: Considering the specific requirements of various segments of the homeless population, including elderly individuals without care, those with mental or physical disabilities, recovering patients and their families, as well as attendants of hospitalized patients, specialized shelters will be established to cater to their needs.
Case Laws on the Matter
In the historic judgment of Olga Tellis vs. Bombay Municipal Corporation[30] the
Bombay High Court held that considering the right to dwell on pavements or in
slums by the indigent was accepted as a part of right to life enshrined under
Article 21, their ejectment from the place nearer to their work would be
deprivation of their right to livelihood.
In
Shantistar Builders v. Narayan KhimalalTotame[31], another Bench of three
Judges had held that basic needs of man have traditionally been accepted to be
three - food, clothing and shelter. The right to life is guaranteed in any
civilized society. That would take within its sweep the right to food, the right
to clothing, the right to decent environment and a reasonable accommodation to
live in.
Further in State of Karnataka v. Narasimhamurthy[32] this Court held that right
to shelter is a fundamental right to shelter is a fundamental right under
Article 19(1) of the Constitution.
Another case of
P. G. Gupta v. State of Gujarat[33] a Bench of three Judges of
this Court considering the mandate of human right to shelter read it into
Article 19(1)(e) and Article 21 of the Constitution of India to guarantee right
to residence and settlement.
In
PUCL v. Union of India and Others the court also stated that the shelter
homes should remain functional for 365 days and 24*7, and shouldn't be available
only for a particular season.
There have thus been several judgments by court stating that the right to life
is infact a fundamental right and must be given to all citizens of the country.
Systemic Failures in Addressing Homelessness
List of Problems with Shelter Homes
Discrimination Against LGBTQ People:[35]
According to the National Coalition for the Homeless, 40% of homeless teenagers
and young adults identify as LGBT. Many of them refrain from utilizing shelters
due to concerns of discrimination, as these establishments, much like the
families who rejected them, often exhibit bias against individuals who identify
as gay, lesbian, bisexual, or transgender.
"LGBT youth are also disproportionally homeless due to overt discrimination when
seeking alternative housing � widespread discrimination in federally funded
institutions frequently contributes to the growing rates of homelessness among
LGBT youth. Once homeless, these youth experience greater physical and sexual
exploitation than their heterosexual counterparts."[36]
Fear of Contracting Parasites like Lice, Scabies, Pubic Lice, or Bedbugs:
Regardless of how well-maintained a facility is, the risk of encountering
parasites remains notably high. This is not attributed to any fault of the staff
or organizations managing shelters; rather, it's an inherent risk associated
with the shared sleeping arrangements utilized by numerous individuals. Bedbugs,
for instance, have become increasingly prevalent even in upscale hotels.
Homeless individuals are more susceptible to carrying parasites, likely due to
their frequent changes in sleeping locations. Consequently, regularly sleeping
in different beds previously used by numerous individuals or in close proximity
to a constantly changing group of people increases the likelihood of contracting
parasites such as head lice, pubic lice, or scabies. Addressing such
infestations becomes particularly challenging for individuals without stable
housing.
Danger of Rape or Assault:
Homeless shelters and their surroundings often serve as hunting grounds for
individuals with malicious intent. Some individuals may secure positions within
charitable organizations, while others lurk around the premises, observing those
entering or leaving. These predators may not only include rapists but also
individuals seeking excitement who target lone individuals for harassment or
violence. Although there may be attendants present, they are often untrained in
handling violent behavior, leaving shelter users vulnerable. Volunteer workers
cannot be expected to intervene in potentially dangerous situations, and the
lack of sufficient staff means that individuals can only do so much to ensure
safety. Additionally, criminals are aware that complaints from homeless
individuals are often not taken seriously by law enforcement. Consequently, many
people opt to avoid shelters, missions, and soup kitchens altogether as a means
of avoiding such predators.
Lack of Handicapped Accommodations:
Several of these organizations utilize refurbished old buildings to accommodate
multiple beds. In some cases, these beds are situated above ground level without
access to elevators. Additionally, certain facilities lack safety features such
as railings in restrooms or ramps into rooms or buildings. While it is not the
responsibility of the staff managing these shelters, some locations are not
equipped to accommodate individuals who use wheelchairs.
Drug Addictions
While some drug users may choose to steer clear of shelters, many others,
including both users and dealers, frequent these places, turning them into hubs
for drug-related activities. Consequently, individuals who are alarmed by such
drug activity may opt to avoid shelters, understandably concerned for their own
safety or that of their children. Additionally, some individuals who are
attempting to overcome drug or alcohol addiction find it challenging to do so in
the presence of other users, prompting them to avoid staying at shelters while
undergoing rehabilitation efforts.
Separation of Family Members:
This is a significant issue, and it's quite distressing upon reflection: the
majority of homeless shelters enforce a policy of separating families. While
women are typically allowed to bring their pre-teen children into women's
shelters, teenage male children, sometimes as young as 13, may be required to
seek accommodation at men's shelters, where they may encounter difficulty
gaining admission.
Staff Assumptions about Drug Use and Criminality:
Although it's seldom expressed openly, numerous staff and volunteers at shelters
tend to view all individuals seeking their assistance as drug addicts and
criminals. To avoid being labeled as such, many individuals refrain from
utilizing these services. When someone is experiencing homelessness, many
individuals automatically assume they are involved in criminal activity or
substance abuse. They fail to grasp that homelessness can simply be the result
of unfortunate circumstances, rather than any wrongdoing on the individual's
part.
Danger of Theft:
While most homeless people are not thieves, a few of them are. It only takes one
to spoil it for everyone else. When you have no home, your little bit of stuff
is precious; it's all you have.
Religious Differences:
Many shelters and food kitchens often include a religious service that
individuals are expected to attend in order to access meals or accommodations.
As an atheist, this aspect didn't particularly bother me. I was simply grateful
to have a safe, indoor space where I could rest without worrying about facing
harassment from gangs or law enforcement, regardless of what I had to pretend to
believe. Even if I had to feign agreement with the idea that I was being
punished by a higher power for my supposed misdeeds, it didn't trouble me much.
Lack of Privacy and Fear of Crowds:
Some individuals who are housed might argue that those facing difficult
circumstances don't deserve privacy. However, the lack of privacy can be
especially challenging for people with mental disorders that cause them to fear
crowds. I encountered several individuals with crowd-related phobias who
couldn't be persuaded to use homeless facilities, despite being unwell and
unsuited to sleeping outdoors, even in good weather. Whether considered
deserving of privacy or not, individuals with mental illnesses that provoke a
fear of crowds, or even of moderate numbers of people in close quarters, are
genuinely terrified of such conditions, even when safety is assured.
Lack of Control:
When someone ends up on the streets, their life is typically already spiraling
out of control. This sense of chaos can be exacerbated by the structured
schedules of check-in times, meal times, prayer sessions, sleep schedules, and
check-out times in shelters. Some individuals choose to remain outdoors because
it allows them to retain a semblance of control over their own lives.
Lack of Available Beds:
There is not enough safe, legal shelter for everyone. No matter how many people
choose not to use them, there are still not nearly enough beds available for
those who would like to sleep indoors despite the risks involved.
Shelters for the urban homeless[37]
In accordance with directives from the Supreme Court and guidelines established
by the National Urban Livelihoods Mission (NULM), urban areas are mandated to
establish permanent shelters for the homeless that operate round the clock. The
goal is to have at least one shelter for every one lakh of urban population,
each capable of accommodating up to 100 individuals. Some shelters may cater
exclusively to the most vulnerable homeless populations, such as single women or
the disabled.
These shelters should provide a minimum space of 50 square feet
per person, along with well-ventilated rooms, adequate lighting, water
facilities, toilets, a common kitchen, and utensils. Additionally, services like
mosquito control and regular bed cleaning should be provided.
The shelters are
also tasked with assisting the homeless in obtaining proof of address and
necessary documents such as Below Poverty Line (BPL) and ration cards, as well
as voter IDs, enabling them to access government schemes including pensions and
school admissions. These shelters can be managed either by the government or by
agencies designated by the government, as outlined in the Shelter for Urban
Homeless (SUH) scheme under NULM.
The real state of shelters
A report from 2017, led by retired Justice Kailash Gambhir and commissioned by
the Supreme Court, highlights the dire state of homeless shelters across India.
It points out that many state governments fail to cover the operation and
maintenance expenses for NGOs running these shelters, despite having allocated
funds for this purpose. The report assesses homeless shelters in ten cities and
rates Mumbai and three others as 'poor', while three cities�Bangalore, Kolkata,
and Kanpur�are rated as 'extremely poor'. These ratings consider not only the
quantity of shelters but also their management and the efforts made by the
cities, such as surveys and mapping initiatives.
Kanpur, with over 80,000 homeless individuals according to the 2011 census,
lacks shelters for 98.6% of them. Similarly, Kolkata, with approximately 70,000
homeless individuals, lacks shelters for 98% of them. Even in Bangalore, where
the homeless population is lower (around 14,000), 98% are without shelter. The
report criticizes Kolkata and Bangalore for having shelters operated by
untrained NGOs and failing to adhere to the norms outlined in the Shelter for
Urban Homeless (SUH) scheme.
Additionally, the report highlights the poor management of shelters in cities
across Gujarat due to severely limited resources. In Ahmedabad, tenders were
awarded to NGOs offering rates as low as Rs 20 per day per inmate, compromising
the quality of shelter services.
City |
Number of homeless as per 2011 Census |
Capacity of shelter homes |
Number homeless shelter |
of without |
Percentage homeless shelter |
of without |
Mumbai |
57416 |
412 |
57004 |
|
99% |
|
Bangalore |
14189 |
253 |
13936 |
|
98% |
|
Systemic failures in addressing homelessness stem from policy gaps, resource
allocation issues, and entrenched barriers within housing and social service
systems. This chapter identifies these failures, analyzes systemic barriers, and
examines their impact on shelter home demand.
Identification of Policy Gaps and Resource Allocation Issues:
Policy gaps and resource allocation issues contribute to systemic failures in addressing homelessness:
- Lack of Affordable Housing Policies: Insufficient investment in affordable housing programs and policies exacerbates housing insecurity and homelessness. Many regions face a shortage of affordable housing units, resulting in increased competition and rising housing costs.
- Inadequate Funding for Support Services: Limited funding for support services, such as mental health counseling, substance abuse treatment, and job training, hinders efforts to address the underlying causes of homelessness and promote housing stability.
- Focus on Emergency Response: Emphasis on emergency response and short-term solutions, such as temporary shelters and emergency aid programs, fails to address the root causes of homelessness and perpetuates cycles of housing instability.
Analysis of Systemic Barriers:
Systemic barriers within housing and social service systems create obstacles for individuals experiencing homelessness:
- Discriminatory Practices: Discrimination based on race, gender, sexual orientation, and disability status within housing and employment sectors perpetuates housing insecurity and limits access to stable housing and employment opportunities.
- Bureaucratic Barriers: Complex and bureaucratic application processes for housing assistance programs, such as Section 8 vouchers, create barriers for individuals experiencing homelessness, leading to delays in accessing housing support.
- Lack of Coordination: Fragmentation and lack of coordination among service providers result in gaps in service provision and challenges in accessing comprehensive support for individuals experiencing homelessness.
Impact on Shelter Home Demand
Systemic failures in addressing homelessness contribute to increased demand for shelter homes:
- Lack of Permanent Housing Solutions: Inadequate investment in permanent housing solutions, such as affordable housing developments and supportive housing programs, leads to a reliance on emergency shelters as a primary response to homelessness.
- Ineffective Prevention Strategies: Insufficient funding for homelessness prevention programs and limited access to supportive services result in a higher inflow of individuals into homelessness, increasing demand for emergency shelter beds.
- Cycles of Homelessness: Without adequate support and resources to address the root causes of homelessness, individuals may become trapped in cycles of housing instability, leading to repeated stays in emergency shelters and increased demand for shelter beds over time.
Conclusion
Systemic failures in addressing homelessness stem from policy gaps, resource
allocation issues, and entrenched barriers within housing and social service
systems. These failures perpetuate cycles of housing instability, increase
demand for emergency shelter beds, and exacerbate disparities in homelessness
rates. Addressing systemic barriers and investing in evidence-based
interventions are essential for building more equitable and inclusive support
systems that ensure everyone has access to safe and stable housing.
Refuge in Hope: Sheltering Hearts from Domestic Storms
Shelter homes a help to domestic violence victims
A series of revelations about sexual abuse in shelter homes for girls and women
has finally drawn public attention to these institutions. This increased focus
on shelter homes is long overdue and positive. The subsequent public audits have
the potential to identify shortcomings and bring about lasting changes to
address the neglect experienced by both the institutions and their residents.
However, while audits shed light on what occurs within shelter homes, we must
also address and rectify issues outside of them. After all, shelters are
intended to be temporary and healing arrangements. Without broader systemic
changes outside of these facilities, they will not protect residents from
violence but may perpetuate it internally, as seen in the case of
Muzaffarpur.[38]
Countless reports detailing appalling crimes against juveniles in shelter homes
have dominated the newspapers. The alarming deterioration of conditions in
remand houses and shelter homes is beyond comprehension. These institutions are
in desperate need of improved facilities. Instead of providing refuge, they
paint a grim picture of the neglect of children's welfare. Urgent corrective
action is imperative to address this distressing situation.[39]
While our immediate focus is on ensuring the safety and effectiveness of shelter
homes, we must also strive to prevent girls and women from becoming homeless in
the first place. This requires addressing the underlying cultures of violence
that permeate our society. Violence against women should be seen as a structural
issue, not just isolated incidents of physical or sexual violence.
The upcoming section will present in-depth case studies of horrific crimes that
have occurred in shelter homes in India. The goal is to delve into the root
causes of these incidents and gain a deeper understanding of the systemic
challenges faced by our shelter homes.
- Case One: India as a Hub for International Sex Tourism?
The Anchorage case, dating back to 2001, marks a significant milestone in the
understanding and development of laws concerning child abuse. It all began with
a phone call to Childline India Foundation's[40] hotline (1098), reporting abuse
of children at the Anchorage shelter for street children in Mumbai, operated by
Duncan Grant and Allan Waters, retired British Navy Officers. Duncan Grant
established the Anchorage Shelter Home in Colaba, Mumbai, in 1995, which Waters
frequently visited. Investigations revealed that the two Britons had been
sexually abusing children at the orphanage. The abuse came to light when a
volunteer contacted Childline India Foundation in Mumbai, exposing the
disturbing events at the shelter home.
Grant resided with a group of approximately 25-30 children, primarily those
engaged in street work. Over time, he established two shelters in the Murud and
Badwar Park areas. These shelters received regular visits from foreign tourists,
who would often take boys from the shelters as city guides. Grant, Waters, and
their network of international acquaintances would lavish expensive gifts upon
the boys. Despite rumors circulating among NGO volunteers who visited the
shelters and among the street children themselves about the sexual abuse of boys
at the shelter, there was no concrete evidence to prompt an investigation.
In October 2001, Childline India Foundation received multiple reports of child
abuse from the Anchorage shelter home. Following complaints from five boys about
repeated sexual and physical abuse by the men, the pair was charged with sexual
assault. Initially acquitted by the Bombay High Court due to lack of evidence,
their acquittal was overturned by the Supreme Court in 2011. Throughout the
proceedings, numerous challenges arose, including witness hostility, police
inaction, and other difficulties.
In a significant ruling, Additional Sessions judge PS Paranjpe emphasized that
the verdict aimed to send a clear message to paedophiles worldwide that India is
not a safe haven for them. He expressed hope that the sentence would contribute
to eradicating India from the map of international sex tourism. Childline India
Foundation, a charity organization, described the case as a pivotal moment in
child sexual abuse convictions in India, highlighting the opacity of laws and
the prevalent "culture of silence."[41]
- Case Two: Shelter Homes- Safe Haven or Criminal Hotspots?
The highly publicized Muzaffarpur Shelter Home Rape Case caused a national
uproar upon the revelation that a shelter home operated by the NGO "Sewa Sankalp
Evam Vikas Samiti" in Muzaffarpur, Bihar, was implicated in incidents of sexual
abuse, rape, and torture. A medical examination confirmed that 34 out of 42
inmates residing at the shelter had experienced sexual abuse.[42]
On May 31, 2018, an audit report by Tata Insititute of Social Sciences (TISS)
observed that several girls residing at a shelter home in Muzaffarpur, Bihar,
had complained of sexual abuse. Thereafter, in July, the Women and Child
Development Ministry informed that the shelter home had been sealed and 46 minor
girls were rescued after the discovery of a sex racket.
On reaching the shelter, one of the residents explained to the police the
hardships they have faced and alleged that a girl was beaten to death on campus
after having raised an issue against the authorities. She also said that the
body of her fellow-resident was buried underground. The co-owners of the shelter
were arrested, along with the staff members. At least thirty of the survivors
have been suffering from irreparable trauma and have also attempted suicide.
One of the residents of the shelter home informed that unknown visitors would
often appear in the dark and sexually assault her. She was one of 44 girls aged
between seven and 17 who lived in a three-storey house in a fetid lane in
Muzaffarpur. They were orphans, runaways, trafficked and the destitute from one
of India's poorest states, where 46% of the population is below 17 years of
age.[43]
The confidential social audit report by TISS, said the conditions at the
Muzaffarpur home, run by a local newspaper owner, Brajesh Thakur, were
"deplorable", and that it was being run in a "highly questionable manner". The
report said the girls had "no access to any sort of open space and been
literally locked up in their wards except when they went to dining hall to take
their meals". Most disturbingly, several girls reported sexual assault and
violence inside the home. When the police began questioning them, what they
uncovered was a bone-chilling horror story Most of the inmates were aged between
12 and 16. Investigators were struck by how "strangely they behaved". They
laughed and burst into tears at once; and then they would fall silent. Fourteen
of them appeared to be mentally challenged or were severely depressed.
There was sufficient food available at the home, but many of the girls looked
famished. They suffered from tuberculosis and skin diseases. Many had inflicted
self-harm, slashing themselves with pencil sharpener blades. Some girls had
20-25 injuries on their bodies". It is claimed caregivers spiked their food with
sleeping pills. Men from outside, mostly helped by Mr. Thakur, sneaked into
their rooms and raped them, the girls alleged.
The shelter home is situated in a grimy alley within the crowded urban landscape
of Muzaffarpur.
One girl said whenever she fell sick the caregivers would ask her to "go to the
room of Mr Thakur" who lived next door and rest there. A fellow inmate said the
same man kicked her in the stomach. When doctors examined the girls, they found
34 of the 42 underage girls "might have committed sexual intercourse".
Three men, including Mr Thakur, have been charged with rape, sexual abuse of
children and criminal conspiracy. The chief suspect Mr Thakur denied the
charges, describing them as "frivolous" and "politically motivated". Mr Thakur
was also clearly well connected. The 50-year-old counted influential politicians
among his close friends. His five-year-old non-profit that ran the children's
home received four million rupees ($58,250; �45,208) every year from the
government for the upkeep of inmates, salaries of employees and the rent of the
building.
Mr Thakur was cleared by the federal interior ministry to be accredited as a
journalist with India's Press Information Bureau. This meant he had access to
events involving the president and prime minister, access to ministries and
subsidised healthcare. In Bihar, he was a member of a panel that handed out
government accreditations to journalists.
The Chief Minister of Bihar Nitish Kumar promised a thorough reform of shelter
homes, but this by itself did not inspire enough confidence. By one account, the
Muzaffarpur home was inspected dozens of times in the last few years, but no one
found anything amiss - or refused to act.
During a visit to the shelter home last winter, Pankaj Sinha, a member of
Bihar's Child Rights Commission, described the children as appearing "gloomy and
listless," and likened the atmosphere to that of a prison. Despite officials
being urged to relocate the children from the premises, no action was taken.
Additionally, researchers discovered record books containing falsified entries
of mandatory meetings with inmates that had never occurred. Complaint boxes were
found overflowing with unread letters from inmates detailing incidents of abuse
and mistreatment.
It's alarming how prevalent such abuses have become in our country and how many
perpetrators evade punishment. Equally disturbing is the desensitization of our
society to such news. The implications of these reactions are deeply unsettling.
- Case Three: Shelter Homes- Safety Nets or Traps
In August 2018, a scandal reminiscent of the Muzaffarpur case unfolded in Uttar
Pradesh's Deoria, where 24 young women were rescued from a shelter home after
inmates raised allegations. The police arrested two individuals, including the
director of the home and her husband. The Superintendent of Police disclosed
that the incident came to light when a 10-year-old girl from Betia, Bihar,
managed to escape from the shelter home and reported her experiences to the
authorities. Acting on her testimony, the police intervened, learning that all
the inmates were being treated akin to servants. The girl also revealed that
cars would arrive to pick up girls over 15 years old, who would return in tears
the following day. Upon receiving this information, authorities released 24
girls from the shelter home, while 18 inmates remained unaccounted for at the
time. Subsequently, the shelter home was sealed, and its license was revoked
following an investigation by the CBI.[44]
On further investigation, it was found that the recognition of the NGO was
revoked a year back due to financial irregularities and the funds were stopped.
It came about as a matter of grave concern as to how the NGO was functioning
till then as the continuance of its functioning is in itself a defiance of the
orders of the Government. This raised questions of the possible political and
bureaucratic connections of the accused. Further investigation revealed that the
owner of the shelter home continued to participate in government functions,
despite their orders to shut down the institution.
The case continued to get murkier when later, revelations surfaced through
witness statements that the victims were drugged before being sent to 'powerful
guests'. One of the statements also alleged that the owner used to drug girls
before they were sexually exploited in exchange for money. Another version
stated that they were drugged before being sent to men so that they don't feel
any pain. A high- level probe team exposed that the shelter home was also
allegedly running a child trafficking racket, in the guise of an adoption centre
that extended well beyond the geographical boundaries of India.[45]
As per the women counselors who were confided in by the rescued victims, some of
the girls were sexually harassed, beaten and married off to men twice as old as
them. The owner of the shelter home, used to conduct mass marriages and had
allegedly supervised one such event in the month of February. In a similar
function last year, it was further revealed that some girls were married off by
the owner to men much older than them.
The girls also talked about the appalling conditions of living at the shelter
house. A 13-year-old rescued girl revealed that they would be given food only
twice a day but had to sweep and mop the floor thrice. The shelter-home
in-charge would also hit them if they raised a voice. They were forced to wake
up before 5 am in order to finish the household chores, starting from sweeping
and mopping the floor for two hours, to be repeated thrice a day. A breakfast of
chapattis and pickle, insufficient in nutrition and satiating the hunger of the
girls, was provided post breakfast.
A 15-year-old girl revealed that the food was apportioned to not more than two
chapattis per person and that sometimes they used to offer a piece to the
younger girls who battled hunger. If they asked for more food, the girls would
be abused verbally as well as physically. Even at dinner-time, they would be
served chapattis with a 'sloppily-cooked' vegetable. The girls also revealed
that both the owner and her daughter used to beat them up, every now and then.
The girls also alleged that they were made to sleep in rooms without fans. It
was before dinner that one of the girls escaped the shelter on Sunday and
reached the police station from where she was taken to the SP of Deoria. The
shelter home was then raided by the police.
That this shelter home was within a stone's throw of the local police station
says a lot about the system of turning a blind eye.
- Case Four: Shelter Homes- Urgent Need for Increased Inspections
In November 2018, an NGO- run shelter home was sealed in Odisha's Beltikiri area
of Dhenkanal district following allegations that the minor inmates there were
sexually abused. Two people, including the in- charge of the shelter home were
arrested. The girls at the home alleged that they were harassed sexually,
physically and mentally by the in- charge over the past two years and that they
did not tell anyone about it out of fear and shame. The accused dismissed the
allegations by saying that the children were leveling baseless allegations as he
was strict in enforcing discipline.
There were also reports of foreign funding and donations in the functioning of
the head NGO named Good News India. Further investigation reported that the NGO
was also a centre for carrying out forceful religious conversions and human
trafficking in its shelter homes.
The shelter home accommodates more than 80 girls and boys. On investigation, it
was found that the NGO under which the shelter home was being operated was
running without registration since 2015, i.e. for three years prior to the
incident, in violation of the Juvenile Justice Act. The shelter home was
operating illegally in a secluded place at Beltikiri.
This came as a shock as the central government had earlier directed the states
to inspect all child care institutions in the aftermath of the alleged sexual
abuse of 34 minor girls at a shelter home in Bihar. As many as 539 childcare
institutions were shut down by the Women and Child Development Ministry across
the country for various irregularities after the inspections.[46]
This, again, hints at how irresponsibly the local authorities function and fail
at discharging their responsibilities. There needs to be stricter compliance
towards the existing regulations and the inspections need to be carried
efficiently on a more regular basis.
- Case Five: Shelter Homes- Vulnerability of children on a rise
Shocking tales of rape and torture emerged from an illegally-run shelter for
tribal and poor children in Maharashtra's Raigad district in May 2014 following
which two of its officials were arrested.[47]
Chairman of Chandraprabha Charitable Trust Ajit Dabholkar and manager Lalita
Tonde were arrested after the children, some as young as 11, complained of being
forced to have sex among themselves and also with the accused.
The shelter was running illegally at Takve village in Karjat taluka, barely 60
km from Mumbai. It had 32 inmates in the age group of four to 15. The crime came
to light when one of the inmates informed her mother. She approached the Raigad
Child Helpline, which alerted police.
Pune-based social worker Anuradha Sahasrabuddhe of Pune Childline, who is a
complainant in the case, said the children were forced to have sex among
themselves and with the accused and the act was even "filmed". If they resisted,
the victims were forced to eat dog excreta and were locked up. If they threw up,
they had to eat the vomit.
During preliminary investigation, Karjat police found that at least five
inmates, aged between 11 and 15, had been sexually abused.
The police informed that the Trust was running the establishment as a
residential school without permission. They did not have any document to show
that they have necessary clearances to run the establishment. It was being run
illegally.
According to reports, the duo targeted poor families in the area and persuaded
them to send their children to the shelter for better education. At the shelter,
the children stayed for 10 months in a year and spent two months of summer
vacation at home. It was during the vacation that one of the victims spoke up.
Sexual abuse was not the first instance of misconduct that has emerged from this
residential school. Investigation into this case brought out more disturbing
details. In 2006, a boy from the shelter died after 'strangling himself with a
wire'. The boy was a relative of the shelter manager. Her husband who worked at
the residential school, died in 2009, again under suspicious circumstances.
Ironically, the shelter where the alleged atrocities took place that has been
receiving aid from the Zilla Parishad and the Sarva Shiksha Abhiyan.[48]
But this is not the only ashramshala (residential school) situated in the area.
Bordering the tribal belt of Thane district, Karjat, there are a good number of
residential schools where tribal children from surrounding areas stay and pursue
their studies. Stories of atrocities have gone unreported as these residential
schools are located in a remote village and the perpetrators managed to keep the
children away from the public eye. But at the same time they succeeded in
soliciting financial aid from other cities.
Post the gruesome incident, the state government's Women and Child Development
department (WCD) issued a fresh reminder asking all the shelter homes to
register with the department, else be declared illegal. As per the Juvenile
Justice Act, all shelter homes were to be registered within six months. But that
was neither followed, nor checked by the department, until a spate of cases of
abuse were reported from shelter homes at Karjat.
- Same Horror Faced Around the Country
Situations such as this one have occurred all over the country.[49] To name a
few we can start with the one in Samaypur Badli in Delhi wherein a minor girl
was sexually abused by a 58-year-old manager of the care centre. She was picked
up by an NGO and sent to this centre. On a surprise visit, the NGO officials
found the young girl in the manager's house. Investigation revealed that the
manager had kept her in his house for a year and had also raped her.
Another such incident occurred in Jaipur in a shelter run by one Jacob John from
Kerala for minors, from which 51 children were rescued. Most of the children
were from Manipur and Nagaland; they were rescued by the Rajasthan State
Commission for Protection of Child Rights along with social workers and
activists. The children were found in a terrible state and living under
horrendous conditions. The children there testified that the caretaker would
sleep with one of the 51 girls every night.
Suparna Ka Aangan in Gurgaon, Haryana is another example of these 'Houses of
Horror'. It was an NGO run orphanage. The owner was aware of the sexual abuse
that went on inside the shelter by the caretaker of the home itself.
Bal Kunj at Yamuna Nagar, again in Haryana, is a government-run shelter home.
From here, a girl was found missing. Investigations revealed that many of the
inmates had been sexually and physically abused.
Apna Ghar in Rohtak, Haryana in May 2012 has also had incidents such as these.
The shelter had a surprise inspection following the running away of three girls
from the shelter. This revealed heartbreaking tales of torture, sexual abuse,
exploitation, child labour and even to the extent of forcing some of the inmate
into prostitution. It was sealed in June 2012 and 120 inmates were rescued.
Any NGO or even an individual in India finds it relatively easy to obtain
licenses to run children's homes from the State or national authorities thus
absolving the State of the responsibility of taking care of these marginalized
children. This, sometimes, sadly means that children can be abused for as long
as it goes unreported or unnoticed.
After reviewing numerous cases, it's shocking to realize the overwhelming number
of incidents that cannot even be fully documented in one report�they are
countless. It's high time the entire system undergoes a thorough overhaul.
In reality, each instance of violence is perpetuated, instigated, and normalized
by the systematic, and often subtle or unseen, ways in which women are
marginalized. Structural violence lies at the heart of the issue. For countless
women, particularly those from lower-income backgrounds, financial dependence
often plunges them into a cycle of violence, exploitation, and suffering.
Moreover, it's not just girls and women residing in shelters who are survivors
of violence. There are countless survivors living outside these shelters, in
their family homes or marital residences, enduring the denial of their right to
choose, facing marital rape, abuse, and discrimination in silence.
Another aspect that warrants reconsideration is our conception of shelter homes.
Women's shelters, for instance, often operate as custodial spaces where
residents are provided food and accommodation in exchange for limited mobility.
Many of these shelters even refer to their residents as 'inmates,' suggesting a
perception akin to convicts requiring confinement within the premises. This
issue extends beyond mere semantics to encompass perceptions and operational
protocols. While some residents indeed face threats to their safety and require
protection, should the autonomy of all adult residents be suspended or
questioned in the name of safeguarding? Prioritizing residents' mobility and
autonomy can mitigate social isolation and amplify their voices beyond these
institutions.
Another approach to dismantle the opacity surrounding shelter homes is to permit
select and reputable individuals to visit these facilities periodically. Often,
gaining access to shelter home residents is challenging, if not impossible, due
to concerns from management or staff regarding safety, privacy, and
confidentiality. However, while these are valid concerns, certain unscrupulous
shelter homes may exploit them to maintain a veil of secrecy.
Implementing
sensitive and ethical guidelines and mechanisms can dismantle the isolation of
survivors in shelter homes, enabling direct communication with the public. Such
strategies can foster greater public awareness about the challenges faced by
both residents and shelter homes, potentially leading to increased resource
mobilization and improved services. Thus, rather than being isolated
environments characterized by loneliness and conflict, shelter homes can serve
as platforms for curated, meaningful exchanges between residents and a select
group of experts and volunteers.
Instead of waiting for sensational acts of violence to prompt action, we must
acknowledge the longstanding neglect plaguing these supposed 'homes.' Despite
sporadic and outdated findings and recommendations from previous news reports or
audits, little action has been taken. Persistent issues such as staff shortages
and funding constraints at shelter homes, as well as the absence of mental
health care and rehabilitation efforts, persist as serious human rights
violations.
Revamping shelter homes requires a multifaceted approach�delving into both the
internal dynamics and external context. Rather than awaiting the outcomes of
subsequent audits, it is imperative to reflect on and address the issues that
are already evident.
Conclusion
In conclusion, this comprehensive study has examined the multifaceted issue of
homelessness, exploring its root causes, systemic challenges, and potential
solutions. The following summarizes the key findings, discusses their
implications for addressing homelessness, and suggests future research
directions.
In this brief, the megacity also serves as a great flight for the poor of
Purvanchal and neighboring Bihar and Madhya Pradesh, in a stopgap that migration
will change their fortunes. Still, without any sanctum, formerly on the
thoroughfares they're easy prey to crime, substance abuse, and executive apathy.
Tales of importunity and abuse by alkies and road hooligans are common. A row of
cabs is situated close to the Civil Lines machine station then each night.
Around 80-90 people survive there under the sky, living a largely anonymous and
solitary life. I'm just a gharry sculler. Who cares where I go after I drop the
passengers at their destination? asks Shivam, who hails from the Trans-Yamuna
region of Allahabad. Around homeless people live in Allahabad, surviving on the
thoroughfares, pavements, at churches (crossings) and premises, bearing the deep
freeze, heat, and the rain. Add to that, executive apathy. In fact, small
attempts made by the homeless to raise canopies are incontinently shattered by
the original megacity.
Pankaj Kumar, a diurnal- paycheck laborer, sleeps on the pavement outside the
Allahabad Road station with 15-20 companions. I've to be careful of the original
mugs. They steal my plutocrat if I am not alert. Occasionally, they drink and
ask us to partake in our food. However, they beat us, he says, if we do not give
in.
There are no laws guarding the homeless. At the original position, there are
schemes and programs for their recuperation. But an intimidating maturity of
them is ignorant of similar installations. Utmost of the homeless in Allahabad
are illiterate. And nearly everyone we spoke to didn't retain or wasn't carrying
any form of identity card. Still, despite their challenging actuality on the
thoroughfares, the homeless are bound by fears of ill-treatment at sanctum
homes. Out of the 11 sanctum homes in Allahabad, only three are performing.
Still, these can accommodate only 400 people and run-in pitiable conditions.
We
will not be chased out once we go there? an old woman pops out her head from her
thin rag mask close to the Allahabad High Court. A thin, youthful man seated a
many bases down adds Yes, what if they chase us out? And my spot then captured
by someone differently? The caretakers don't watch about the homeless.
They ask
for backhanders for every small thing and completely neglect the poor, says Nazim Ansari, Secretary, Abul Kalam Azad Jan Sewa Sansthan, and Allahabad fellow
for India Under the Stars crusade. Another challenge while allowing sanctum
homes to the destitute is to separate the good bones from the felonious-inclined
by swarming them together, we might put the other convicts, especially women, at
threat, says Mr. Ansari. Under similar circumstances, numerous of the homeless
are ready to bear living under the open sky rather than face importunity and
query at sanctum homes. In fact, numerous feel free outdoors. We've been living
outdoors since our father's times. We find comfort then. The road is our home,
says Amar, a laborer.
A survey was conducted by the author on ground level at Prayagraj, Uttar
Pradesh, and the observations are as below:
S. No. |
Places visited |
1 |
Sangam, Prayagraj, Uttar Pradesh |
2 |
Near MankaMeshwar Mandir, Prayagraj, Uttar
Pradesh |
3 |
Kalyani Devi temple, Prayagraj, Uttar Pradesh |
4 |
Railway Station, prayagraj, Uttar Pradesh |
5 |
Rain Basera (Railways Station Gate No I City
Side) |
6 |
Rain Basera (Leader Road Bus Stand) |
7 |
Rain Basera (Boat Club) |
8 |
Rain Basera (Khuldabad) Ward office) |
9 |
Rain Basera (Mundera Chungi) |
10 |
Rain Basera (Allahapur) |
11 |
Rain Basera (Dhumanganj Ward Office) |
Observation
Rain Basera (Khuldabad) Ward Office:
- This Shelter home is located at the ward office of Nagar Nigam Khuldabad.
- When we visited, their caretaker, Harshit Gupta, came and we asked for the caretaker's name.
- There is a kitchen available, but it is only for staff. The organization itself covers the expenses for their visitors; there is no budget for visitor food.
- There is no storeroom available.
- The area of women's privies is dirty and smells bad.
- They have 40 beds and extra space for emergency needs, along with 40 blankets.
Rain Basera (Railways Station Gate No I City Side):
- This shelter is located near the main railway station Gate No-1 City Side.
- Three caretakers manage this shelter, with Dheeraj Kumar Sharma as the main caretaker.
- They allow entry only to people with identification proof; otherwise, they register visitors by clicking photos and noting names.
- It is run by an NGO.
- They have 36 beds and extra space for emergencies, along with 36 blankets.
- They have combined halls for men and women.
- The records of visitors are maintained in an up-to-date register.
- They have four cameras, but only two are operational.
- They provide expenses for visitor food; no budget is allocated for this.
- They offer permanent shelter to handicapped people, but there's no government budget for their care.
- Unemployed individuals without options for survival are not allowed.
- The privies and drinking water area need improvement due to hygiene issues.
Rain Basera, Mundera Chungi:
- This shelter home is located in Mundera Chungi.
- This shelter is running through an NGO.
- In this shelter there is two staff only, there is no sweeper with them.
- The privies of men and women are looked at and cleaned by the staff who are working there as caretakers.
- The sweeper only cleans the ground floor.
- They have the beds of 30 but they only have 20 and four extra beds, those 4 beds are in the worst condition they needed for the replacement.
- They have the water purifier but it is in the worst condition.
- This shelter allows residing only those people who came to give the competitive exam i.e. students and laborers, etc.
- Our fact-finding team has talked with a boy who has come to reside here for 3 days due to some official work, we get to know about the facility of this shelter from him.
- He told us that there is no clean drinking water, no newspaper to get the news of the city.
- There is no storeroom, entertainment room.
- Sleeping arrangement was common.
- The condition of the shelter is not good because there are many faults was seen by our fact-finding team.
- The considerable dampness in the room walls also resulted in the paint falling off in crusts in various sections.
Rain Basera, Dhoomanganj, Ward Office:
- This shelter home is located on the main road of Dhoomanganj.
- They have the quantity of 20 beds but they have only 18 beds for those people who will reside here.
- The privies are common for men and women.
- In this shelter there is no water heater.
- The roof of the privies was made of fiber, when our fact-finding team has visited there, they have seen that water was dripping from the ceiling.
- There is a kitchen but there is no gas stove and cylinder.
- There privies is smelling fetor.
- The shelter home does not have any type of security.
- They don't have cameras for security.
- The register was not maintained.
- Their window glass was open and the wiring board was open.
- No fire extinguisher.
- The caretaker of the home shelter was not too much aware of society.
- They have the first aid kit but the appliance like covid-19 thermometer checkup was not working.
Rain Basera (Leader Road Bus Stand):
- This Shelter Home is situated on Zero road Bus Stand.
- This Shelter Home is run by Guddu Jaiswal.
- They give rooms on charge for a day. (Rs. 100 per night)
- The check-out time for the night visitors is 9 AM regardless of when they come at night.
- When we reached, the proprietor Mr. Jaiswal wasn't there. The caretaker in his absence was, his salary was Rs.6000.
- There was a lack of sanitation in the toilets and the lodgings were common for both men and women.
- One of the toilet sections was out of order, hence the toilets were common as well.
- The fees for staying were Rs.100 per night.
- There was no visible provision of the lodgers being provided with food.
- There are No Covid restrictions or guidelines being followed!
- Entry of persons with masks is not mandatory and There is no provision of people with vaccination there.
Rain Basera (Boat Club):
- This Shelter home is situated near Yamuna Boat Club Prayagraj.
- The caretaker of the home was Mr. Pawan.
- The beneficiaries were required to present their Aadhar Card before entering and to enter their names in the logbook.
- There were no fans in both the quarters where there were arrangements to stay.
- There were also no provisions for food. The lodgers were required to cook their own food.
- There was also a considerable lack of cleanliness in the premises, as there was stray dog and animal feces in the compound as well as waste materials.
- Separation of Male/Female Wards and Bathrooms were not there.
- As one section of the washrooms was under maintenance there was a common washroom for all.
- No Facility of Heaters or Warm Clothes.
Rain Basera (Allahapur Haija Hoapital):
- The rain basera was located on the main road of Allahapur.
- They have a capacity of 50 people.
- The wall cement was coming out.
- And shelves were not proper as per security purpose.
- The shelter home was smelling very bad.
- The shelter home was given on tender.
- They don't have a water purifier.
- There was only one caretaker.
- The cupboard and walls were not maintained.
- They don't have a storeroom, entertainment room.
- No fire extinguisher.
Rain Basera (Allahapur) Review:
- The rain basera was located in Allahapur. It was difficult to locate it should be on the main road.
- No special arrangements for the handicapped.
- There was a shortage of staff as only two staff members were there.
- They have a capacity of 117 people.
- The hall was very clean and hygienic.
- The CCTV camera was working properly.
- They have the ID records of the visitors.
- The staff was not having any identity cards so it was difficult to identify.
- They have a proper storeroom.
- They have a clean and hygienic kitchen and they provide utensils only.
Observations Of Homeless People:
- The indigent populace of our city compelled to reside on the footpath with the most basic and rudimentary means for survival at their disposal
- Our representative present outside the Nagar Nigam night shelter overseeing the facilities
- Our intern overseeing a thorough check of the arrangements that have been provided inside the shelter homes
- The board on the entrance that translates to Free of Cost Night Shelter under the auspices of the Prayagraj Nagar Nigam
- The footpath dwellers of our city, forced to live at the lowest rung of human sustenance and be victimized by the apathy of the municipality.
- A destitute person, with no assistance by the municipal corporation or another citizenry, is forced to bide his time by sleeping on the roadside.
- The lack of cleanliness outside the night shelter is in clear sight, and even there's a lock.
- Visuals vividly portray the dire conditions of the workers
- The outer compound of a building that informally doubles up as a resting place for the destitute
- An elderly person, with all his belongings and means for survival, looks on forlornly from the streets.
- More visuals that reflect the sorry state of the peasantry.
- Having been forced to live a life on the road with all their means of survival, this shows the seamy side of things as far as societal empathy is concerned
- The poor, braving the bitter cold with whatever little they have as possessions
- More Visuals of the poverty-stricken populace, inhabiting the streets of Prayagraj, in droves
Results of Online Survey:
- Question title: Have you ever stayed in a shelter home or know someone who has? Number of responses: 18 responses.
- Question title: How aware are you of the shelter homes in your community? Number of responses: 18 responses.
- Question title: Have you ever volunteered or donated to a shelter home or similar organization? Number of responses: 18 responses.
- Question title: Do you believe governments are doing enough to address homelessness and provide adequate shelter facilities? Number of responses: 18 responses.
There were few more questions such as:
- If yes, please share your experience or the experience of the person you know. What were the conditions like? Were there any challenges or positive aspects?
- In your opinion, what are the main reasons why people might need to seek refuge in a shelter home?
- How effective do you think shelter homes are in addressing the needs of homeless individuals and families?
- What improvements or additional services would you suggest for shelter homes to better serve their residents?
- If yes, what motivated you to volunteer or donate? If no, what might encourage you to get involved in supporting shelter homes?
- What policies or initiatives do you think could be implemented or improved to better support shelter homes and homeless individuals?
- In your opinion, how does society perceive individuals who rely on shelter homes for housing?
- What are some common misconceptions about shelter homes and homelessness that you would like to dispel?
- How do you think the media portrays shelter homes and homelessness, and what impact does this portrayal have on public perception?
- Is there anything else you would like to share about shelter homes, homelessness, or related topics that we haven't covered in this questionnaire?
Recommendations
- Plan for and undertake construction of the numbers of day and night, permanent shelters in accordance with the norms laid out by the Supreme Court � one shelter with space for 100 persons (or two with space for 50 persons each) per one lac urban population to be constructed in compliance with the Supreme Court orders in the next two months.
- Even in those states where there has been progress, the total capacity is extremely low and less than even 30% of the requirement as laid out by the Supreme Court. This needs immediate attention.
- As per the orders of the Supreme Court, there should be a minimum of 30% of the total number of shelters reserved for vulnerable categories of homeless such as single women, women with children, old age persons, persons who are mentally or physically challenged and those with addictions, with special counselling and care facilities.
- Undertake the rapid mapping of homeless concentrations in all cities at the earliest. Involve the state advisor's office in the task and complete it with utmost urgency.
- Locate the shelter within close proximity to the areas of concentration of homeless persons, and in no case beyond a 2-kilometre radius.
In conclusion, addressing homelessness requires a multi-pronged approach that
addresses systemic inequalities, expands affordable housing options, and
provides comprehensive support services to individuals and families in need. By
building on the key findings of this study and prioritizing collaboration,
equity, and evidence-based decision-making, communities can work towards
creating inclusive and resilient housing systems where everyone has access to
safe and stable housing.
References:
Books:
- Shelters for the Urban Homeless A Handbook for Administrators and Policymakers; First Edition: 2014; Commissioners of the Supreme Court in the Case of Writ Petition (Civil) 196 of 2001
Journals/Articles:
- Economic and Political Weekly, Women's Work, Stigma, Shelter Homes and the State,
- Sattar, Sanjukta. Homelessness In India, Shelter. Lyne Casavant, "Definition of Homelessness", Parliamentary Research Branch, PRB 99-1E, January 1999, Short Stay Homes for Women and Girls, SOCIOLOGY GUIDE
- https://www.sociologyguide.com/women-and-society/shortstay-homes.php
- Premsingh J. Godwin and Wesley D Ebenezer, Homelessness and Residential Care (2013), https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.iosrjournals.org/iosr-jhss/papers/Vol9-issue1/H0914652.pdf
Reports:
- GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT SWADHAR GREH A Scheme that caters to primary needs of women in difficult circumstances (2015)
- Bhagvan Singh Mukhraiya "A Report on Poverty and Homelessness", School of Planning and Architecture, Bhopal,
- S. Chachra, "National report on the Status of Shelters for Urban homes", Supreme Court Commissioner's Office, August 2014
- Elder Abuse in India � 2018, Helpage India, https://www.helpageindia.org/wp-content/uploads/2018/08/ELDER-ABUSE-IN-INDIA-2018-A-HelpAge-India-report.pdf
- PDF: "government of India ministry of women and child development" website: wcd.nic\sites\default\files\guidelines7815-2.
- PDF: "draft resource manual for open shelters for children in needs in India" website: wcddl.in\pdf\draft-resource-manual-for-open � shelters.
- Scheme of Shelters for Urban Homeless, Ministry of Housing and Urban Affairs (https://nulm.gov.in/PDF/NULM_Mission/NULM-SUH-Guidelines.pdf)
- Shelters for the Urban Homeless: A Handbook for Administrators and Policymakers, Commissioners of the Supreme Court (http://www.hlrn.org.in/documents/Shelters_Urban_Homeless_Handbook.pdf)
- Steven Brown, Samantha Batko, Josh Leopold Aaron Shroyer, "Final Report and Recommendations on Homelessness in Alameda County, California", for article urban instate,
- The National Urban Housing & Habitat Policy, Ministry of Housing and Urban Poverty Alleviation, Government of India (https://nulm.gov.in/PDF/NULM_Mission/NULM-SUH-Guidelines.pdf)
- National report on the status of Shelters for Urban Homeless, Supreme Court Commissioner's office (2014), http://www.ihrn.org.in/knowledgebase/Research-andReports/National-Report-on-the-Status-of-Shelters-for-the-Urban
News and Shelter Homes
Newspapers/News Portals:
- Abdul Jadid, Muzaffarpur redux? Couple arrested for allegedly running sex racket at Deoria shelter home in UP, 24 women rescued, HINDUSTAN TIMES
- https://www.hindustantimes.com/india-news/24-rescued-from-deoriashelter-home-in-up-after-girl-escapes-tells-cops-they-were-treatedlike-servants/story-7n66qfsoxFzxkcn6EwMY9I.html
- Amrita Nandy, To Revamp Shelter Homes, First Address Systemic Issues That Make Women Homeless, THE WIRE
- https://thewire.in/society/shelter-homes-muzaffarpur
- Atiya Bose, Suparna Gupta "4 Immediate Ways To Protect Children In Shelter Homes" NDTV new article
- https://www.ndtv.com/opinion/4-immediate-ways-to-protect-childrenin-shelter-homes
- BBC NEWS, London man convicted in Indian paedophilia case
- https://www.bbc.com/news/uk-englandlondon-12786203
- David Pirtle, "Why Some Homeless Choose the Streets Over Shelters" from NPR new article
- https://www.npr.org/2012/12/06/why-some-homeless-choose-thestreets-over-shelters
Official Websites:
- Childline India Foundation
- https://www.childlineindia.org.in/anchorage-case-history-updated.htm
- NHRC Press Release, NHRC notice to Government of Tamil Nadu over sexual abuse of 15 minor girls at a Shelter Home in Tiruvannamalai district (01.02.2019), NHRC (Feb. 1, 2019)
- http://nhrc.nic.in/media/press-release/nhrc-notice-government-tamilnadu-over-sexual-abuse-15-minor-girls-shelter-home
-
http://vikaspedia.in/social-welfare/ruralpoverty-alleviation-1/schemes/aajeevika
End-Notes:
- 1985 (2) SCC 545
- 1990 (1) SCC 520
- 1995 (5) SCC 524
- 1995 (S2) SCC 182
- AIR 1997 SC 568
- 1978 AIR 597, 1978 SCR (2) 621
- (W.P. (C) 572/2003)
- W.P. (C) 55/2003.
- AIR 1997 SC 568, (1997) 1 SCC 301
- (1989) 4 SCC J-1
- Nag, D. (2021). Shelter Homes and Elderly Women: A Case Study of Varanasi district of Uttar Pradesh. Academia Letters, Article 2553. https://doi.org/10.20935/AL2553
- http://hlrn.org.in/homelessness.
- http://hlrn.org.in/homelessness.
- 1985 (2) SCC 545
- AIR 1997 SC 568
- http://nulm.gov.in/PDF/NULM_Mission/NULM_mission_document.pdf.
- http://vikaspedia.in/social-welfare/urban-poverty-alleviation-1/schemes-urban-poverty-alleviation/nulm.
- SC asks govt to upload the report on shelter for urban homeless, 2nd May 2017, The Indian Express.
- India must ensure that homeless people have access to housing options, 20th August 2016, Hindustan Times.
- W.P. (C) 55/2003.
- Short Stay Homes for Women and Girls, SOCIOLOGY GUIDE, https://www.sociologyguide.com/women-and-society/short-stay-homes.php
- Scheme for Working Women Hostel, MWCD WEBSITE https://wcd.nic.in/sites/default/files/Working%20Women%20Hostel_about_revised_about.pdf
- Press Information Bureau, Swadhar Sheme, MWCD http://pib.nic.in/newsite/PrintRelease.aspx?relid=123683
- Ujjawala, MWCD https://wcd.nic.in/sites/default/files/Ujjawala%20New%20Scheme.pdf
- National Portal of India, Swadhar Greh, GOVT. OF INDIA https://www.india.gov.in/spotlight/swadhar-greh-scheme
- One Stop Centre Scheme, MWCD https://wcd.nic.in/sites/default/files/OSC_S.pdf
- One Stop Centre Scheme in Hindi, Govt. Scheme and Pradhan Mantri Yojana https://pradhanmantri- yogana.in/one-stop-centre-scheme-in-hindi/
- Elder Abuse in India � 2018, Helpage India https://www.helpageindia.org/wp- content/uploads/2018/08/ELDER-ABUSE-IN-INDIA-2018-A-HelpAge-India-report.pd
- Scheme of Shelters for Urban Homeless, MINISTRY OF HOUSING AND URBAN AFFAIRS https://nulm.gov.in/PDF/NULM_Mission/NULM-SUH-Guidelines.pdf
- 1985 (2) SCC 545
- 1990 (1) SCC 520
- 1995 (5) SCC 524
- 1995 (S2) SCC 182
- Title of image: "Homelessness in India " (from the article published in Shodhganga pg no 256)
- The Economic Times, article: "Sexual Abuse at Shelter Home"
- Title:" WHY DON'T HOMELESS PEOPLE USE SHELTERS?" by Kylyssa Shay, activists;
- Surbhi Singh, "Devadasi System; Temple Prostitution In India," Driot Law Journal.
- Amrita Nandy, To Revamp Shelter Homes, First Address Systemic Issues That Make Women Homeless, THE WIRE (Oct. 11, 2018), https://thewire.in/society/shelter-homes-muzaffarpur
- Mirror Now Digital, 8 measures needed to solve appalling state of shelter houses in India, TIMES NOW NEWS, https://www.timesnownews.com/mirror-now/in-focus/article/8-measuresneeded-to-solve-appalling-state-of-shelter-houses-in-india/266929
- CHILDLINE India Foundation, https://www.childlineindia.org.in/anchorage-case-history-updated.htm
- BBC NEWS, London man convicted in Indian paedophilia case, BBC NEWS (Mar. 18, 2011),https://www.bbc.com/news/uk-england-london-12786203
- Wikipedia, Muzaffarpur shelter case, WIKIPEDIA, https://en.wikipedia.org/wiki/Muzaffarpur_shelter_case
- Soutik Biswas, The horror story inside an Indian children's home, BBC NEWS (Aug. 11, 2018), https://www.bbc.com/news/world-asia-india-45124802
- Abdul Jadid, Muzaffarpur redux? Couple arrested for allegedly running sex racket at Deoria shelter home in UP, 24 women rescued, HINDUSTAN TIMES, https://www.hindustantimes.com/india-news/24-rescued-from-deoria-shelter-home-in-up-after-girl-escapestells-cops-they-were-treated-like-servants/story-7n66qfsoxFzxkcn6EwMY9I.html
- Sharat Pradhan, Chilling details of Deoria shelter home case highlight the police-political-criminal network, DAILY O (Aug. 8, 2018), https://www.dailyo.in/politics/deoria-shelter-home-yogi-adityanath-uttar-pradeshminor-girls-sexual-exploitation/story/1/26000.html
- Devidas Deshpande, Sexual abuse reported in Maharashtra's children's
shelter, REDIFF.COM,
https://www.rediff.com/news/report/slide-show-1-sexual-abuse-reported-in-maharashtras-childrensshelter/20140602.htm
-
Women's Web, "Bihar's House Of Horror: What A Shelter Home In India Turned
Into", (July 24, 2018), https://www.womensweb.in/2018/07/bihars-house-ofhorror-shelter-home-in-india-july18wk4as/
Written By: Aishwarya Srivastava - 5th Year, 10th Semester - SS Khanna Girls’ Degree College, Prayagraj
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