Karnataka HC Pulls Up BBMP For Not Assisting Homeless And Stranded People In Bengaluru

The Karnataka High Court on Thursday pulled up the Bruhat Bengaluru Mahanagara Palike (BBMP) for not putting in systematic efforts to ascertain how many migrants, homeless people and stranded people are on the streets or are squatting on public places such as below the flyovers, in Bengaluru city. A division bench of Chief Justice Abhay Oka and Justice B V Nagarathna which is hearing a bunch of petitions through video conferencing, had on April 7, directed BBMP to take immediate steps to set up shelters for migrant workers and to ensure that all facilities are made available to them. The direction followed submissions made by counsel for Karnataka State Legal Aid Services Authority (KSLASA) about disturbing features of the status of the migrant workers in the city of Bengaluru. It was found that more than 2000 persons had assembled in and around Majestic Railway Station and Balepet Circle. Senior advocate B.V.Shankaranarayana Rao, appeared for the corporation and submitted a report signed by the Municipal Commissioner which indicated that only 100 people were found in and around Majestic. To which the court said "The least we expected was that after the order dated 7th April 2020 was communicated to BBMP, appropriate officers will immediately contact the Member Secretary of the DLSA and make a joint visit to the spot. That has not been done. After having perused the report, we find that there is no real effort made by BBMP to address the issue." On Thursday, counsel for KSLSA stated that at 9.30 a.m, when she was passing by the area about 60 to 70 people were found standing in the same locality. Moreover, on Wednesday night, the Member Secretary of DLSA visited Mahadevapura area and found that a large number of people including children had taken shelter under Mahadevapura flyover and some of them were getting food from NGOs. In response BBMP submitted a document to the court stating that there are 13 shelters established for the migrants and others having capacity of 652 and about 451 people have been accommodated therein at present. However, as per report submitted by the Member Secretary of the DLSA of Bengaluru Urban District recording that out of 8 BBMP Zones, except in West Zone where there are 3 camps specified in the said report, no other shelter homes have been established by BBMP for the benefit of the migrants. KSLSA, counsel also pointed that 3 shelters along with a shelter at Goods Shed Road which are incorporated in the list of 13 shelters are already existing and these are not the new shelters which are established by BBMP. To which the bench said, "The report dated 7th April 2020 creates a serious doubt whether there are 13 newly established shelters for migrants, homeless people etc., within the limits of BBMP. We direct BBMP to clarify this aspect by submitting a report in writing on or before 13th April 2020." The court reminded the civic body that nearly 1/3rd of the total positive cases of coronavirus in the entire State are from Bengaluru Urban District. Apart from performing the mandatory duties of BBMP under clauses (29), (30) and (31) of Section 58 of the Karnataka Municipal Corporations Act, 1976, by taking measures to protect the citizens who are affected by the calamity, it is also necessary for BBMP to ensure that the migrants, homeless and stranded people who are on the streets or who are squatting on the public property are accommodated in the shelters with a view to ensure that all of them maintain social distancing. The bench suggested to BBMP that "Some measures will have to be taken in respect of the workers on the sites of public projects which are large in number within the limits of BBMP to ensure that the workers follow safety measures. Even under clause (22) of Section 58 of the said Act of 1976, it is the obligatory duty of BBMP to prevent and check the spread of the dangerous diseases. Unless the issue of migrant workers, homeless people and people stranded on the streets is properly taken care of, we fail to understand how BBMP will perform its statutory and mandatory duties and functions under clauses (22), (29), (30) and (31) of Section 58 of the said Act of 1976." The court directed Additional Chief Secretary of the Urban Development Department to issue appropriate directions to BBMP. To ensure that all the measures undertaken by the State Government are implemented within the limits of BBMP. State Told To Make Available Masks and Sanitizers. Counsel for KSLSA tendered a report dated 8th April which records that Primary Health Centres (PHCs) at four places in Yadgir District, were manned only by nurses and a few staff members. The duty doctors were absent. They were undergoing training. No masks and sanitizers were supplied to the staff of PHCs. The bench said "The State Government needs to take care by ensuring that masks and...

Karnataka HC Pulls Up BBMP For Not Assisting Homeless And Stranded People In Bengaluru

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