Delhi High Court Urges DHCBA Lawyers To Make Donations To AIIMS To Ensure Shelter For Homeless Sleeping In Winter Cold

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia orally remarked that the lawyers should be activated and some funds should be generated for donations to AIIMS.

This was after Advocate Satya Ranjan Swain representing AIIMS told Court that the hospital has proposed to construct a 3,000 bedded facility ”vishram sadan” (night shelter) in 2 acres of land as a long term measure.

On knowing that AIIMS accepts donation, the Court told ASG Chetan Sharma:

“Activate the members of (DHCBA) so that some kind of funds is created and donated (to AIIMS). We don't think we need to issue directions on this.”

Responding, Sharma assured that the request will be responsibly dealt with by the Bar and that the first donation towards the cause will be by him.

Within minutes, DHCBA president, Senior Advocate N Hariharan also joined the proceedings through virtual mode.

“We have a request to the DHCBA. The Additional Director of AIIMS is present in court. When we asked him whether AIIMS accepts donations, he says yes. AIIMS has made a proposal of constructing 3,000 bedded vishram Sadan night shelter in collaboration with some NGO at Ahmedabad. The construction of 3000 bedded vishram saan will involve huge amounts. We would require DHCBA Bar to activate its members, collect some donation and give to AIIMS,” CJ told Hariharan.

“We will do that. Your lordships request is our command, we will take steps,” the President responded, adding that similar donations were done by the DHCBA during the Punjab floods.

On Wednesday, the Court had directed that a meeting shall be convened under the Chairmanship of Principal District Judge (South district) which shall be attended to by highest level officers of civic bodies and hospitals to chalk out the short term plan to deal with the exigencies.

During the hearing today, ASG Sharma told the Court that the Principal District and Sessions Judge yesterday had a three hour meeting which was attended by officials of various authorities. He said that 70 pagoda tents were set up today, subways were taken over and cleaned and that in the last two days, it has been ensured that no single person has the cold biting him.

Taking on record the report submitted by the judge, the Court expressed its satisfaction in the manner in which the meeting was conducted and all the government agencies extended their possible cooperation.

On the proposal and efforts taken by AIIMS, the Court said that the steps shall go long way in meeting the problems faced by the homeless, attendants and patients. We expect that the said facility (3,000 bedded night shelter) shall come up within the minimum possible time, the Court added.

“We appreciate the efforts made by the administration of AIIMS, specially the zeal shown by its Additional Director (Administration),” the Court said.

It noted that efforts have been made by all the stakeholders to address the problems faced by the homeless and appreciated the authorities and civic agencies.

It directed the nodal officers of the agencies to ensure that wherever there is any deficiency in the night shelters, the same is attended to forthwith and adequate measures be taken.

The Court also asked the agencies involved in the construction of 3,000 bedded facility shall cooperate with the AIIMS administration.

“We have a feeling that in the last two days, the situation has improved however the nodal officers of agencies and higher officers are expected to be on a constant vigil. While we appreciate the efforts made by the agencies, we repose our trust and faith that whatever is needed to be done to attend to the immediate difficulties shall be taken care of and appropriate measures shall be taken,” the Court ordered.

It further directed that a meeting be held by the Principal District and Sessions Judge on January 24, which shall be attended to by the representatives of all the agencies, on January 24.

The matter will now be heard on January 27.

Earlier, the Court had said that the Delhi Government or its agencies cannot shirk away from their responsibility to provide shelter to the homeless people in cold wave.

The Bench had directed that the subways around the hospitals shall be taken over by DUSIB today evening to make adequate arrangements for providing as much beds as possible with facilities.

In addition, DUSIB authorities were directed to immediately proceed to spaces which may be available near the hospital and erect tents or pandals for immediately providing shelter to those in need.

The Court had taken cognizance of a newspaper report published in The Hindu on January 11. The report was titled "Night shelters packed, patients, kin brave the cold outside hospitals.”

The article referred to the pitiable conditions of patients, attendants and kin of patients who are waiting for treatment in Hospitals and who have no place to stay.

Title: Court on its own motion v. State & Ors