The Allahabad High Court, Lucknow Bench, in a significant development, has taken proactive measures regarding the condition of homeless persons within the municipal limits of Lucknow. In the case of Jyoti Rajpoot v. State of U.P. (Public Interest Litigation No. 571 of 2024), the bench comprising Justice Rajan Roy and Justice Om Prakash Shukla issued directives to ensure that homeless individuals are not left to “loiter” without proper care and shelter.
Background:
The case was initiated by the petitioner, Jyoti Rajpoot, who appeared in person. The petitioner brought to the court’s attention the plight of homeless people in Lucknow, highlighting the inadequacy of the measures taken by state authorities. Despite some efforts by the government, the petitioner argued that they were not sufficient to address the magnitude of the problem, as many homeless people were still found on the streets within municipal limits.
Issues Involved:
The key legal issue revolves around the state’s duty to provide shelter and basic necessities to homeless persons under the broader ambit of the right to life and dignity guaranteed by Article 21 of the Indian Constitution. The court noted that while the state authorities had submitted some responses, the necessary data and concrete actions were not adequately placed on record, indicating a lack of compliance with the court’s earlier orders.
Court’s Decision and Observations:
Taking note of the inadequate responses from state authorities, the court observed:
“Though some effort appears to have been made by the State Authorities, but not as is required whatever be the constraints.”
The court emphasized the need for immediate, effective measures and directed the constitution of a special team comprising young lawyers — Shri Raj Kumar Singh, Shri Shailendra Singh Rajawat, Shri Jitendra Narain Mishra, Shri Vikas Kumar Agrawal, Ms. Rani Singh, and Ms. Shreya Agarwal. This team, along with the petitioner, will conduct a ground survey of the areas within the municipal limits of Lucknow where homeless individuals are reportedly found and submit a detailed report to the court.
The court further instructed that the report prepared by this team should be handed over to Ms. Isha Mittal, the learned Additional Chief Standing Counsel, who must immediately communicate it to the concerned officials for necessary action, even before further court orders.
Future Proceedings and Compliance:
The court ordered that all affidavits of compliance, including those in response to its earlier order dated July 11, 2024, be filed before the next date of hearing, scheduled for September 30, 2024. It also mandated Ms. Isha Mittal to ensure the order is communicated to key district authorities, including the District Magistrate, Commissioner of Police, and Chief Medical Officer of Lucknow.
The Allahabad High Court has taken a firm stance on ensuring the rights of homeless persons are upheld. By constituting a team of young lawyers to gather first-hand information and ordering immediate communication and action, the court has underscored the urgency of addressing the plight of the homeless within Lucknow. The case will continue to be monitored closely, with the next hearing set as the first matter of the day on September 30, 2024.
This ruling marks a pivotal moment in holding the state accountable for the welfare of its most vulnerable citizens, reinforcing the principle that no person should be left to fend for themselves on the streets without support.
Case Details:
– Case Name: Jyoti Rajpoot v. State of U.P.
– Case Number: Public Interest Litigation No. 571 of 2024
– Bench: Justice Rajan Roy and Justice Om Prakash Shukla
– Petitioner: Jyoti Rajpoot (Appearing in person)
– Respondent: State of Uttar Pradesh through Additional Chief Secretary, Social Welfare Department, Lucknow, and Others
– Counsel for Respondent: Ms. Isha Mittal, Additional Chief Standing Counsel
