'Delhi Govt Can't Shirk Responsibility': High Court Orders Emergency Shelter Measures For Homeless Sleeping Outside Hospitals In Winter Cold

The Delhi High Court on Wednesday said that the Delhi Government or its agencies cannot shirk away from their responsibility to provide shelter to patients, attendants and their family members forced to sleep outside city hospitals in the biting winter cold due to lack of shelter.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued urgent short term directions, after it recently took suo motu cognizance of the situation. The Court said that it is the bounden duty of the government and its agencies to ensure that people, even if homeless and who are in search of better medical care for themselves or their kins, are provided with shelter. “The State and its agencies such as the hospitals, development authorities and municipal authorities cannot shirk away from their responsibilities and duty to provide adequate shelter to those who are visiting hospitals not wilfully but under compelling circumstances in search of better medical care,” the Court said. It added that no refuge can be permitted to be taken by the State and its agencies for denying such facilities citing paucity of funds or any other resources. The Court appreciated the efforts made by ASG Chetan Sharma and Union Government's standing counsel Ashish Dixit in visiting the spot, filing a detailed note and giving suggestions on the situation. While doing so, the Court issued urgent directions to take short term measures in tackling the situation on ground. The Bench 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. DUSIB authorities have been 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 land owning agencies, hospitals, municipal corporations, DDA and any other authorities shall fully cooperate with DUSIB officials failing which court may take strict view of the matter and erring officials may be held accountable. The direction will be applicable with full force to the Delhi Police and DMRC officials,” the Court said. It added that at 10 AM tomorrow, a meeting shall be convened under the Chairmanship of Principal District Judge (South district) which shall be attended to by highest level officers or Chief Executive Officers or their nominees of high rank of NDMC, DMC, DMRC, AIIMS, DUSIB, Safdarjang hospital, RML hospital, Lady Harding hospital, Delhi Police, L&DO to chalk out the short term plan which will be implemented from tomorrow itself. For long term measures, the Court directed the counsel appearing for the petitioner to file comprehensive suggestions, including statutory or non statutory mechanism prevalent as on date. The Court said that the suggestions shall contain any other statutory mechanism which can be enforced. The Bench further requested the authorities to make their suggestions as well to evolve long term strategy to meet such exigencies in future. The matter will be heard next on Friday. 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 & OrsCitation: 2026 LiveLaw (Del) 77

'Delhi Govt Can't Shirk Responsibility': High Court Orders Emergency Shelter Measures For Homeless Sleeping Outside Hospitals In Winter Cold

Nupur Thapliyal

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