The Lucknow bench of the Allahabad High Court has directed the Uttar Pradesh government to conduct a comprehensive statewide initiative to identify and provide support to homeless individuals, including those with mental illnesses. This directive came in response to a Public Interest Litigation (PIL) filed by advocate Jyoti Rajpoot, highlighting the plight of homeless persons in Lucknow.
Background:
The petitioner, a practicing lawyer, brought to the court’s attention the condition of homeless persons, particularly those with mental illnesses, who were found unattended on streets and footpaths in Lucknow. The petition highlighted the lack of implementation of existing laws and schemes meant for the welfare of such individuals.
Key Legal Issues:
1. Implementation of the Rights of Persons with Disabilities Act, 2016
2. Enforcement of the Mental Healthcare Act, 2017
3. Execution of the Central Government’s Scheme of Shelters for Urban Homeless
4. Duties of police officers under Section 100 of the Mental Healthcare Act, 2017
5. Application of the Uttar Pradesh Prohibition of Beggary Act, 1975
Court’s Decision and Observations:
The court, after examining the relevant laws and hearing the parties, ordered a statewide exercise to identify four categories of homeless persons:
1. Able homeless
2. Mentally ill homeless
3. Mentally retarded homeless
4. Differently-abled homeless (other than those in the above categories)
The court directed:
1. Chief Medical Officers, in cooperation with local police, to identify such persons within municipal limits of their respective districts.
2. District Magistrates to oversee the exercise and coordinate with various authorities.
3. Police to treat identified persons humanely as per Section 100 of the Mental Healthcare Act, 2017.
4. Preparation of district-wise data to be submitted to the Director General of Medical & Health Services (U.P.) and the Director General of Police, U.P.
The court emphasized the right to dignity under Article 21 of the Constitution, stating: “Article 21 of the Constitution of India entitles persons including those referred hereinabove to live a life with dignity. It is the State’s duty to create requisite conditions for proper exercise of the right to have access to proper public health care and access to hospitals is part of such conditions.”
Regarding the Mental Healthcare Act, 2017, the court noted: “The long title of ‘the Mental Healthcare Act, 2017’ says that it is an Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.”
The court also sought information on the implementation of various provisions of the Mental Healthcare Act, 2017, including the establishment of mental health review boards and the functioning of the State Mental Health Authority.
The case has been listed for further hearing on August 12, 2024. The court has directed the state authorities to file a detailed affidavit in response to the petition and the court’s observations before the next date.
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Case Details:
– Case: PUBLIC INTEREST LITIGATION (PIL) No. – 571 of 2024
– Petitioner: Jyoti Rajpoot
– Respondents: State of U.P. through Additional Chief Secretary, Social Welfare Department, Lucknow and Others
– Bench: Justice Rajan Roy and Justice Om Prakash Shukla
– Counsel for Petitioner: In Person
– Counsel for Respondents: C.S.C., Ms. Isha Mittal, Sri Nishant Shukla (Additional Chief Standing Counsel)
