DISSERTATION PROJECT REPORT

On

“PREVENTION OF HOMELESSNESS: A LEGAL ANALYSIS”

By

PRIYA SHEKHAWAT
170958044
BBA.LLB

UNDER THE SUPERVISION OF

DR RUCHI LAL
ASSITANT PROFESSOR
School Of Law

In Partial Fulfillment of the Requirements for the Degree of

BBA LLB 5 YEAR INTEGRATED COURSE

at

SCHOOL OF LAW
SHARDA UNIVERSITY, GREATER NOIDA

1
 DECLARATION

I hereby declare that this dissertation entitled “Preservation of Homelessness : A Legal Analysis”
was made by me for the degree of BBA. LL.B under the supervision and guidance of Dr Ruchi
Lal, Assistant Professor, School of Law, Sharda University.

The interpretations and analysis put forth are based on my knowledge and understanding of the
texts and they are not published anywhere in the form of books, monographs or articles. The
books, articles and websites, which I have use of are acknowledged at the respective place in the
text.

For the present dissertation, which I am submitting to the University, no degree or diploma or
distinction has been given to me before, either in this or in any other University.

DATE - SCHOLAR: PRIYA SHEKHAWAT

PLACE- 2017007711

2
 CERTIFICATE

This is to certify that this work incorporated in this Dissertation on the topic “Prevention Of
Homelessness : A Legal Analysis” submitted by Miss PRIYA SHEKHAWAT of BBA.LL.B (V
Year) 2017-2022 is a bonafide work of her & was carried out sincerely & honestly under my
guidance & supervision.

SUPERVISOR

DR. RUCHI LAL

Assistant Professor
School of Law
Sharda University
Greater Noida

3
 ACKNOWLELDGEMENT

With profound sentiments of gratitude, I acknowledge the, suggestion monitoring and constant
encouragement given by my guide DR.RUCHI LAL throughout the course of this report because
of whom I was able to complete the task of writing this Dissertation report work successfully.

I am also grateful to her for his timely and exemplary guidance and relevant knowledge regarding
various aspects relating to this topic. Also, I will fail in my duty if I don’t thanks the Library staff
of Sharda University, who have warmly facilitated the task by providing various books & journals,
leading to successful completion of the this report.

Regards:

PRIYA SHEKHAWAT
BBALLB (V YEAR)
2017-2022
School of Law, Sharda University

4
 CHAPTER- 1
INTRODUCTION

1.1 Definition of homelessness

The Universal Declaration of Human Rights defines a ‘homeless person’, as a permanent homeless
person because of a lack of necessary housing, security, and access. According to the 2011
Census, 1.77 million people were homeless in India, accounting for 0.15% of the total population.
The actual number was more than this data. In addition, many homeless people are mentally ill or
have children. However, recent trends show that poverty levels are declining, in fact by 2020, the
figure has dropped to 6% from 54.7% during independence..

Homeless people in India, as explained by official sources, refer to those who do not live in houses
that are part of the census data (permanent housing), but instead live on paved roads, train stations,
streets, stairs, places of worship or places of worship. in open spaces. Homelessness continues to
be a major problem in India, with the number of homeless people increasing to 1.77 million.
Urban centers including Delhi and Mumbai, host a large number of homeless people, the majority
of whom are children. Rising urbanization rates, disability, unemployment and rising housing
costs may be the result of an increasing number of homeless people in India.1

India has experienced high rates of urbanization in the last few decades. Economic growth and
evictions due to the construction of dams and roads have forced people to relocate to cities in
search of work. However, most migrant cities are not well developed enough to accommodate
them. The difference between the provision and the need for housing tends to increase prices and
completely deprive many residents of housing. Unemployment due to urbanization also affects the
ability of individuals to access the housing market.2

1
Somerville. P, Homelessness and the meaning of home: Rooflessness or rootlessness?, International Journal of
Urban and Regional Research 16(4), 532–534 (1992)

2 10
FEANTSA, strategies to combat homelessness in Western and Eastern Europe: trends and traditions in
statistics and public policy, UNCHS (Habitat) Nairobi (1999)

5
The abandonment of people who are considered “barren” by their families also causes
homelessness. Older people, who are mentally or physically disabled are often left behind by their
families because of their inability to contribute financially to their families. Homelessness has a
worse effect on women than men. Unmarried pregnant women, expectant mothers and divorced
women are often abandoned by their dependents.

Homelessness is not only a problem in itself but also a source of social ills. Drug abuse is
especially prevalent among those who do not have a place to live. Homeless women are at greater
risk of rape and other forms of sexual abuse. The effects of homelessness are particularly felt in
children who are at high risk for drug addiction, crime, and violence. There is a need for
governments at all levels — institutional, provincial and local — to take drastic measures to
improve the lives of the country's citizens affected by housing shortages3.

3
Caplow, T et al., “Homelessness”, in Sills, D.L, International Encyclopedia of the Social Sciences 6, 494-498 (1968)

6
1.2 Reasons of homelessness

Housing

India is in short supply of more than 20 million homes. Families relocating to cities from rural
areas due to homelessness, job search, and better opportunities often fall behind due to rental
accommodation (basic apartments costing Rs. 3000) and unavailability of housing. Faced with
homelessness, the immigrants tried to build a shelter out of cardboard, tin, plastic, and wood.

In some cases, people prefer to live in slums. In India, 78 million people live in such slums, rented
houses, and temporary shelters and make up 17 percent of the world's slum dwellers. The number
of people living in slums has doubled since the last two decades.

Poverty

Homelessness is a direct result of poverty. Poor people have to choose between necessities and
housing, which takes up a large portion of income. In India, 6.7% of the population lives below
the $ 1.25 poverty line

Another reason for the lack of jobs. Currently, 23% of Indians are unemployed. The main reason
for the shift in jobs in the complex industry and manufacturing sector is the service sector which
may require higher education. Due to the low per capita income, university education is not easily
accessible to the average Indian, thus it does not equip young people with the 21st century job
market.

Other problems

Reasons for Homelessness-

At the most extreme level, it is possible to share the following reasons for homelessness:

1. Natural and social disasters such as earthquakes, floods, ethnic conflicts, etc.

2. Economic instability (unemployment, low wages, affordable housing, etc.).

3. The majority of homeless people are former inmates who do not find work and housing.

4. Victims of housing fraud. Many sick elderly women were forced to sell their homes because of
various circumstances, and now they are forced to move out.

7
5. Domestic violence or domestic violence, forcing people to leave their homes.

6. The so-called “natural” layer, which includes drunks, addicts and insane people.

7. Choice.

Homeless people assess the reasons for their status as follows: “homeless in part due to certain
circumstances and in part due to weak will - 42%”; "homeless due to weak will - 31.5%";
"homeless due to unfavorable conditions - 25.5%".

Main Reasons for Homelessness

Under city conditions, the main occupations of the homeless are requesting, collecting and selling
bottles, unloading cars, cleaning commercial tents, cars, etc. Older men and women and people
with disabilities participate in pleading, as a rule; those with young children count handout. It is
also important to note that the homeless community often includes men. Women make up only 10-
15% of the homeless. Homeless women earn their living by prostitution. The family budget for
homeless people does not exist.

Homelessness often leads to depression, depression, and the abuse of emotional support; alcohol
abuse is the most common. The incidence of TB among homeless people is 25 times higher than
most people. There are also more AIDS victims among the homeless, who are 10 times more
likely to contract the disease than the total urban population. Besides, homeless people, as a rule,
do not have access to adequate health care or access to treatment. Free or optional health care
programs, as well as other social services, are generally not available to the homeless.

Children face the dire consequences of being homeless. The number of homeless children is
growing faster than any other segment of the homeless 4. Some 750 thousand schoolchildren are
homeless, and many of them suffer physical, mental, and emotional abuse. Nearly half of all
homeless children tested have symptoms that require the intervention of psychiatrists. They may
have some form of growth retardation. These children are not well cared for; they become infected
due to malnutrition, vitamin and mineral deficiencies, poor hygiene and lack of immunization.

A variety of behavioral problems, including broken dreams, attention, speech, strong interactions,
anger, embarrassment, trust and lack of hygiene were found in homeless children ranging from 3
4
USA, Priority: Home! The Federal Plan to Break the Cycle of Homelessness (1994)
8
to 5 years old. Older homeless children are convinced that there is a danger to their future, and
they are “oppressed” by poverty (Breakey, & Fisher, 1990). 5Thus, poverty and homelessness can
be the fulfillment of prophecies that pass from one generation to the next.

Communication between homeless parents and children is weakened as parents in this situation
stop playing the role of teachers and supporters. The risk of child abuse increases when the
frustration of homelessness exceeds the level of parental self-examination.

5
Avramov. D, Homelessness in the European Union, FEANTSA (1999
9
1.3 Types of homelessness

Homelessness has three types, such as:

1. Chronic homelessness: These are people who have been homeless for a long time. Chronic
homeless people in particular include older residents with physical or mental disabilities without
employment. Such people represent a small percentage of the homeless.2.

2. Past homelessness: Most homeless people are temporarily homeless because of any traumatic
event.

3 Homelessness: They are part of a population that often goes in and out of homes and suffers
from psychological, health, and medical problems or chronic illness.

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 CHAPTER- 2

HOMELESS PREVENTION

2.1 Prevention Of Homelessness

No matter how effective the services of the homeless are, it is best to prevent homelessness from
preventing it from happening. Therefore, there is a need for effective prevention strategies. We
must also accept that complete prevention is not possible and we must strive to at least prevent
part of the problem.

Homelessness is unpleasant as it affects both individuals and communities. It is especially bad for
vulnerable groups such as children, the disabled and women. Malnutrition, low birth weight,
absenteeism, and illiteracy will affect children. Lack of privacy, security and proper nutrition,
shelter, and sanitation add to the plight of women. Older citizens and people with disabilities are
unable to access health care and dignity in the community. Exposure to hazardous substances has
direct health consequences for the homeless, resulting in diseases such as respiratory infections,
skin diseases and hypothermia.

Young people are also at risk as they often become addicted to dangerous substances that can
cause health problems such as liver damage due to alcohol and other toxic drugs. Indirect effects
include risky sexual behavior that leads to the transmission of sexually transmitted diseases
(STDs). Drugs and alcohol are also linked to homelessness.

Apart from unemployment and the difficult economic situation, the effects of drugs and alcohol
make the situation worse for the homeless. Many homeless people turn to shady jobs to support
themselves. This is not part of the legal economy and includes robbery, prostitution, plasma
donations, street trading, trading, and recycling or illegal activities such as petty theft, prostitution,
and drug trafficking. Homelessness is a universal issue that involves social, economic, political,
psychological, and health problems. The effects of homelessness are long lasting, disruptive, and
affect their relationships and health. Other issues such as lack of medical care, drug use, unsafe
sexual practices, violence, and unsafe shelters need immediate attention to prevent homelessness.

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2.2 Street children

Street children fall under the category of high-risk children (CDEC). India has about 400,000
street children and forms the most threatened group within the CDEC. UNICEF divides street
children into four groups: children working for money but living with a family, children living on
the streets mainly but having some form of family life, children living on the streets without
contact with the family, and ultimately abandoned children. and exploitation. Children on the
streets work hard in dangerous situations and prostitution. To get money and food, they remove
the garbage. Immoral and moral problems are common among street children, and they drop out of
school, resulting in illiteracy and the cycle of homelessness and poverty.

LIFESTYLE OF CHILDREN

Children are an innocent and very vulnerable group among the homeless and are subject to the
negative conditions wrapped up in urban conferences. This section seeks to analyze the living
conditions of street children and highlights the seriousness of the injustices faced by the homeless
and highlights the failure of the social vision, the inability to fulfill the promise of eradicating the
evils of homelessness. .

According to figures provided by UNICEF, there were more than 100 million street children
worldwide in 199277. In a study conducted by Ennew and Milne, it was suggested that about 70
percent of the above work on the streets, while 20 percent. live, work and sleep on the streets and
the remaining children fall under the category of abandoned children. In India it is estimated that
there are an estimated forty-four million street children homeless.

The following is a list of the worst living conditions facing children living on the streets:

Most violent topics:

Street children face violence from homes and streets. Lack of ownership and caregivers makes
them more vulnerable than other homeless groups. In many studies it is understood that there are
three types of perpetrators that are a continuing source of street violence. They are the police or
other law enforcement agencies, different types of middle-aged and older people. When it comes
to the violence they face in a place called home, 6 it is their biological parents, older siblings etc.
Lawmakers have no sympathy for them and will always be considered as criminals, members of

6
Avramov. D, The Invisible Hand Of The Housing Market, FEANTSA (1996)
12
any illegal group like drugs. marketers or troublemakers in good city setting. On the other hand,
street children are increasingly victims of escape and abuse. Various traffickers, such as mastans,
exploit them financially by raising funds to provide temporary accommodation, giving them drugs
to exploit them. These street children are often the victims of homeless adults as they are
considered competitive. On the other hand, it is even worse for the girls when they are the victims
of the above-mentioned sexual harassment.

The exploitation of street children by law enforcement agencies is likely to occur in three
locations. They are on the streets or in police cells or in children's homes. Numerous studies
conducted by non-governmental organizations and international organizations indicate that they
have been physically, mentally, emotionally and sexually abused80. When it comes to the image
of a girl being sexually abused, age plays an important role. Children ages 12 to 18 face higher
levels of sexual harassment compared to other age groups.

i. Crime is a part of their lives:

Street children are another major victims of various forms of street crime. According to reports by
the National Crime Record Bureau, the number of child rape victims is estimated to be 5,484 and
the number of homicide victims is estimated at 1,408.81. A very small percentage of crimes
committed against street children are reported mainly due to a lack of caregivers, a lack of
caregivers to install FIRs, and law enforcement agencies.

The NCRB is based solely on registered FIRs. Therefore, many cases of street child abuse will
never arise. The Director of Chetna, a Children-Based NGO has suggested, "Street children are
physically, mentally and sexually abused every day and are trapped in a cycle of drug abuse and
crime, but no one is being abused."

ii. Health Problems:

The shocking statistics provided in a 2005 United Nations ICEF report reveal that approximately
sixty-three percent of Indian infants eat only once or twice and that about 53 percent are victims of
chronic malnutrition. It should be noted that this is a general tragedy for children. Therefore, when
it comes to street and homeless children, their health conditions are in a state of disarray and
therefore they are victims of various diseases and chronic malnutrition. In India in recent years
there have been many state health programs and men's activities by NGOs directing the lives of
street children and the health of children in general. But lacunae is fundamental to the effective
13
use of these programs about street children in the absence of, caregivers, and in some cases
homeless children themselves fleeing in fear to be caught by any law enforcement agencies, thus
leading to the invisible. life and overcoming difficult health conditions and malnutrition.

As we have discussed earlier, child abuse is often the most common form of abuse. And when it
comes to the health sector, street children are victims of physical, mental, and emotional health
problems. Their way of life, the place they sleep, the food they eat their jobs and other activities
expose them to many cracks, sores, animal bites, skin diseases, fever, respiratory problems etc.84
Many studies show that the level of food they get from it. the food they eat is very low, causing
them to fall into a vicious cycle of chronic malnutrition and many of them suffer from diseases
such as asthma and diarrhea.

TB.86 HIV cases are more common in street children as they are the victims of sexual abuse
easily.87 In a study, about 60% of poor children in Mumbai have sex, about 1 percent eighty street
children in Chennai have premarital sex and about 90% of them have never used contraceptives.88

iii. Mental Health and Independence:

The most neglected part of health is the mental health of street children. Although it is very
difficult to find the strength of street children suffering from mental illness, it is evident in many
studies that street children are the most vulnerable homeless groups when it comes to mental
health. A study in Johannesburg reported, "High levels of behavioral problems such as sleep
disorders, aggression, overwork, embarrassment, withdrawal and emotional problems such as
depression, anxiety, sadness, self-esteem, self-harm and self-injury (itching, headaches, punching,
etc.) are also common. it was common ”.89 When it comes to the case of India, although very little
research has been done on it, it is reported in a study in Delhi that 20% of street children are in
good condition. of despair. Of these 20 percent 12.9% are victims of suicidal thoughts, 12.9%
actually plan suicide attempts at least once and 3.2 percent are already attempting suicide.
Depression was found in 8% of children. The tendency to self-harm forms in 8% of children. Non-
social behavior is found in about 80% of them and 7.8% were neurotic.

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iv. Common victims of drug abuse:

Many street children are victims of drug abuse. This is a sad fact of life for street children.
Although there is no widespread use of expensive substances like heroin, cocaine etc., but cheaper
substances like hashish, sedatives, phensydile, glue, and whitener etc. are widely used by them. In
one study almost 80 percent of these children were victims of drug abuse on a regular basis. 91
Street children view these items as a protection against the end of winter, summer, and fear of
hunger, loneliness and depression.92 This drug use affects children in both health and financial
terms as they often work hard. - earn money to buy them and become a victim of homelessness.

Conclusion

Homelessness is rampant in every corner of the globe, regardless of whether it is developed or not.
Many countries and international organizations have defined the concept of homelessness and
homelessness, in line with their economic, political, and social needs. While bringing about
complete harmony of meaning is not realistic, striving for the inclusion of a broad definition in
order to eliminate homelessness in a meaningful way is very important.

In addition, developing countries lack effective measurement skills due to many policy and
procedural limitations. The causes of homelessness and the characteristics of the homeless as
shown above are multidimensional in nature and enlighten us about possible solutions.

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2.3 Government and non-government services for the homeless

Government services

In the 8-year program (1992-1997), India, for the first time, developed programs for the poor and
the homeless. The government used the Footpath Dwellers Night Shelter Scheme for the project.
In the 11th Five-Year Plan (2007–12), the government recognized the right to access the roof over
one's head as a fundamental right.

New policies for the development of shelters and housing in urban areas improved the situation of
homeless people in the last few decades. The shelter is a covered area to protect the homeless, to
store their belongings, provide clean drinking water and clean bathrooms. However, shelters are
not a permanent solution. The Supreme Court ordered a new policy to develop the informal
settlement infrastructure known as the Jawaharlal Nehru National Urban Renewal Mission.

The campaign has directed shelters in cities with a population of more than five lakhs to meet all
basic needs. In 2010, the High Court commission reported on the deplorable conditions of shelter.
In addition, the report highlighted the shortage of women living in these shelters. In response, the
Supreme Court ordered the construction of one shelter for every 100 people.

In 2013, the Central Government finally implemented the National Urban Livelihood Mission,
which established guidelines in the provinces for the construction and management of shelters.

PDS (Public Distribution System) is a system used by the government to distribute food and grain
at affordable prices to low-income families. Another major problem facing the poor is the lack of
written literature. Only 3% of homeless people have valid identity documents. Without proper
proof of identity, the poor will not be able to access the benefits of government services such as
PDS.

National Housing Policy

The National Housing Policy is the result of a Supreme Court order to build 1 shelter per 100
people in all areas where the population exceeds 100,000 following reports of the deaths of many
homeless people in New Delhi. These shelters provided toilets, clean drinking water and a
diagnostic center, which was later incorporated into the National Urban Homeless Policy.

16
It is the Government's duty to provide accommodation for its citizens under the Constitution of
India.

Fundamental Rights under the Constitution of India which guarantees the protection of the
right to adequate housing.

1. Article 21: The right to protection of health and liberty. In the case of street dwellers (Oliga
Tellis v. Bombay Municipal Corporation), the high court ruled that Article 21 of the Constitution
provides for the right to life and gave a broad definition, such as, "It does not mean that life cannot
be extinguished or regarded as, for example, by the imposition and execution of death," apart from
the procedure established by law.

2. Articles 14 and Article 19: The high court referred to Sections 14, 19 and 21 and recognized it
as a deciding factor in human dignity. Provinces are under an obligation to protect human dignity
by providing housing for the homeless.

In addition to the above provisions, the Constitution also provides the following protection
measures for homeless people

1. Article 39 (1): State policy should be directed to the protection of men and women, the equal
right to adequate living conditions.

2. Article 42: Provisions to be made by the State for the acquisition of just and equitable working
conditions and the emancipation of parents.

3. Article 47: The State's duty to promote good nutrition and quality of life and to improve public
health.

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High Court favors the homeless - PUCL v. Union of India and Others

A shocking case of homelessness was brought before the Supreme Court ‘in the case of food
security’ in 2010 (PUCL v. Union of India and Others). [Ii] This has led to the approval of a
national high court order to meet the basic needs of urban homeless people at a rate of at least one
shelter per 100,000 people in all major urban areas. The court order also stated that shelters should
remain in operation for 365 days and 24 * 7, and should not be available only for a certain period
of time.

Deendayal Antyodaya Yojana - National Urban Livelihoods Mission

1. Elements of the evils that exist in our society that is, urban poverty can be broadly divided into
three brackets:

2. Endangered habitats (access to basic resources such as land, water, food, etc.);

3. Social vulnerability (reductions related to factors such as gender, age, social classification, lack
of social protection, inadequate voice and participation in administrative structures, etc.) and

4. Occupational risk (insecure livelihoods, reliance on the informal sector for employment and
income, unsafe job security, unfavorable working conditions, etc.).

5. This weakness is linked in some way to something that is related. The recent recognition of the
high court has highlighted the hardships and plight of homeless urban dwellers and has highlighted
the fact that the provision of decent shelters and related rights is a key element under the heading
'Right to health', namely, Article 21 of India's constitution calls for urgent need to change urban
homeless policy and programs.

6. The Department of Housing and Urban Poverty Alleviation (MHUPA) has implemented a
central government-funded program, Swarna Jayanti Shahari Rozgar Yojana (SJSRY) since 1997
re-established as Deendayal Antyodaya Yojana - National Urban Livelihoods Mission since
September 2013. NULM as of September 24, 2013, has been implemented in all regional capitals
(regardless of population) and in cities with a population of 1 lakh or more.

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NULM (National Urban Livelihoods Mission)

• According to the latest official information, only 658 shelters have been built since the launch of
the Shelter for Homeless program under the National Urban Livelihood Mission (NULM) in 2013.

• These nationwide shelters cater for 35,000 homeless people. This is less than 5% of the total
urban population of 9.38 lakh. [Vi]

• There are only 658 shelters in 18 provinces. Of these, regions such as West Bengal, Uttarakhand,
Punjab, Odisha, Gujarat, and Chhattisgarh hold the worst creative record between one to five
shelters each.

• There is also a subtle racism that views the homeless as migrants who do not need to be
considered. Although the Pradhan Mantri Awas Yojana (PMAY) has been expanded to include
even middle classes, little is being done to address the problem of homelessness.

Types of shelters under the NULM Program

1. Men's Shelters: Since men are at a higher price then single men's shelters should be built to
meet their needs.

2. Women's Shelters: To protect homeless women and their children, these shelters should be
built.

3. Family shelters: There should be separate family shelters with adequate privacy and separate
rooms.

4. Special shelters: Will address the special needs of the people such as the elderly, the mentally
ill, the mentally ill, the sick, the recovery and their families and other special circumstances.

19
You may contact one of these if you want to avail the services of a shelter house under the
NULM Scheme.

 Homeless persons’ collectives –

An example is Aashray Adhikar Abhiyan, S-442, II Floor, School Block Shakarpur, New Delhi,
9312668807

 Youth and Women’s community-based groups-

An example is Humana People to People India, 111/9-Z, Kishangarh, Aruna Asaf Ali Marg,
Vasant Kunj, New Delhi,011-4746-2222

 Universities and Institutions,

An example is Nehru Yuva Kendras. Core – IV, IInd Floor, Scope Minar, Laxmi Nagar District
Centre, Delhi, 91-11-22446070

 NGOs and CSOs registered under the Societies Registration Act, 1860 and Trust Acts
or other similar laws of the State Governments
Example, DAYA, HIG 3/138 Satyasai Enclave, Khandagiri, Bhubaneswar, 94383 39180

 Self Help Groups and committees recognized by the State govt/ Urban Self
Governments-
Example, Rehab India Foundation, N-44, Ground Floor, Hilal Homes,2nd Stage, Abul Fazal
Enclave, Jamia Nagar, Okhla, 91-11-29946637

 Resident Welfare Associations –

Example, Nihal Vihar Resident Welfare Association, RZ-C-60 ,, Nihal Vihar, Nangloi, Delhi,
091364 01932

S.no. Name of NGO Address

20
 C/o,129/A, Lattif Villa Compound, near Ranjit Film Studio, Dada Saheb Fal
1 Urja trust
– Dadar (E), 400014

West Main Street  Doak Nagar Extension,

2. Akshay trust
     Madurai , INDIA

3. Uday foundation 113A/1, Adchini, Sri Aurobindo Marg, New Delhi 110017

No 126, 4th Floor,

KHB Colony, 5th Block,

4. Fuel a Dream
Koramangala, Bangalore,

560095 Karnataka India

5. Goonj J-93, Sarita Vihar, New Delhi-76

6. Butterflies U-4, Green Park Extension, New Delhi

7. Calcutta Rescue 4th Floor, 85 Collin Street, Kolkata 700 016, Nearest Metro Park Street

39, Panditya Place,

Kolkata – 700029.

8. Hope Kolkata
West Bengal, India

Tel:913324742904

9. Good life centre 7-B Loganathan Street, (Near Vidya Theatre),

21
 West Tambaram,

Chennai – 600045, India

HIG 3/138 Satyasai Enclave, Khandagiri

10. DAYA
Bhubaneswar

22
Criticism of NULM Scheme

The main criticism which NULM has is that this policy’s approach to the problem of
homelessness has always been to provide the homeless individual a ‘temporary’ shelter. It has so
far not addressed as to how to render the homeless people any such kind of scheme which would
entitle them to possess a permanent dwelling of their own with basic living standard entities. Bilal,
23
80, came to India from Pakistan 25 years ago. He is now a regular in one of the rain baseras (night
shelters) near Nizamuddin.

So far in India, no such law or policy or order has come out which has tried to ensure homeless
people has access to medium- and long-term housing options. They are not, for example, included
in the Housing for All Scheme.

Initiative by State government

The ongoing litigation regarding the PIL in the Supreme court of India (E.R. Kumar v. Union of
India and Ors.) where the apex court has directed the States to file an affidavit regarding the status
of the homeless person in their States. Many states have started complying and have started
building shelter homes and rain baseras for the homeless but still, there are many states who
haven’t yet complied with the directions of the apex court.

Homeless people live in extreme insecurity, not knowing when they will be beaten by the police or
arrested or implicated in false cases. Homelessness is liable to be punished under certain laws
prevalent in India. Begging has been criminalized in 20 States and 2 Union Territories which
shows the approach of the social embarrassment towards poverty and the encroachment of public
spaces. The legislation allows the police officials and judges to confine them in government-run
institutions which clearly violates their fundamental principles.

State law compiled on homelessness

Leilani Farha- A special report

United Nations (UN) Special Reporter on the Right to Adequate Housing, Leilani Farha had
visited India in April, 2016 and has recommended strongly that the Indian policymakers should
gear up and frame and implement a policy completely based on human rights and that policy
24
should be a housing policy targeting the people living on the streets and slums in order to eradicate
poverty and inequality.

E. R. Kumar and Anr. v. Union of India and Ors.

1. This is an ongoing case in the Supreme Court of India regarding homelessness in India.

2. The court had instructed the Secretary / Director of State / Union premises to submit an affidavit
regarding the implementation of the plan which was forwarded to the Secretary-General / Director
to file a joint affidavit and was then ordered by the court. in the Department of Housing and Urban
Poverty Alleviation to find ways to achieve the objectives of the policy.

3. The Court established a Executive Committee to be composed of a Secretary, Minister of

Housing and Urban Poverty Alleviation who will work on the effective implementation of various
programs, schemes and departments to implement the policy effectively.
4. The esteemed court also issued a directive to monitor the implementation of this policy. The
court also strongly emphasized not only the number of shelters but also the quality of shelter.

5. The court was significantly reduced in States as it was dissatisfied with the steps taken by States
/ Union Territories to reduce the number of homeless people.

6. The PIL was introduced in 2003 but until 2014 the provinces and UT's have failed to submit a
status report.

7. The committee is set up under the leadership of Justice Kailash Gambhir to ensure that shelters
are compliant, to monitor compliance with operating guidelines, allocation / non-allocation, use
and misuse of funds and to ensure that guaranteed guidelines are implemented to provide minimal
resources during the winter.

A bench of judges Madan B Lokur and Deepak Gupta have asked Solicitor General Ranjit Kumar
to ensure that Justice Kailash Gambhir's commission report is posted on the Department of
Housing and Urban Poverty's website so that the Institute can read it and take appropriate action.
provinces. This has been the latest development in a particular field.

Provisions for the homeless under the international arena

25
1. Under the Universal Declaration of Human Rights, Article 25 recognizes the right to housing as
a condition necessary to ensure the right to a decent standard of living.

2. Under the International Covenant on Economic, Social and Cultural Rights, Article 11 (1) also
guarantees a standard of living to ensure adequate living conditions.

After a shocking case of homeless people, survivors on the streets, in the streets, on the sidewalks
all year long and when our government over strict orders and orders issued by the high court over
the years has not taken adequate steps to eradicate the evils. in our country. This has led to the
abuse of human rights including child abuse, sexual exploitation, the right to a dignified life, etc.
Although the policy has been developed it has been adopted by the Supreme Court which issued
directives and directives to the Government. governments and Union territories however their
action is moving very slowly. An hour-long proclamation is a national level policy that should be
directed at providing permanent housing for the homeless in contrast to the current goal of
providing temporary housing for the homeless.

Non-governmental services

NGOs play an important role in helping homeless people. The number of NGOs has increased due
to the inefficiency of government agencies. Entrance centers are a homeless shelter and appear to
be very effective in helping street children. NGOs work closely with these institutions in major
cities.

The Salam Baalak Trust is an NGO operating in Delhi since 1989. They use four homeless
shelters, which can accommodate about 220 children at a time. In addition, they provide food,
clothing, health care services, and education. With skills development classes, children can acquire
new skills for their future career.

NGOs can help fight homelessness in two ways; firstly, NGOs can overcome the financial crisis
and do something about it. Second, they can raise awareness of the problem of homelessness.

Solutions

Homelessness is a complex and widespread problem. Overcoming the problem of homelessness

involves many steps to prevent and intervene. The prevention process involves identifying people
who are at risk of abuse, neglect, and homelessness. Interventions are focused on people who are

26
already homeless. System-based responses such as the provision of MGNREGA, Aadhar cards,
and rating cards can assist in the implementation of prevention and intervention strategies.

Providing affordable housing, job opportunities, and eliminating racism are good solutions to
major prevention. Lack of affordable housing is a major cause of homelessness. By providing
employment opportunities, the homeless can become self-reliant and prevent social discrimination.
Providing better health and education facilities can help poor people find decent work. Ensuring
social and economic equality will make ordinary people more aware of the problems the homeless
face.

CHAPTER- 3
HOMELESSNESS AND THE PANDEMIC

3.1 Homelessness: A defeat for Article 21 

27
It has been a year since a nationwide ban was announced to curb the spread of coronavirus, shut
down all employment, and force people to stay home. People who used to work as day-to-day
workers or come from low-income families with no permanent jobs or security, this closure has
created many problems for them. Without employment, there is no money, food, or shelter. In
2020 when the first house closes were announced, we saw dozens of immigrant workers returning
to their homes. With no other means of transportation, the people were forced to walk the streets
all summer long.

They traveled with their families, includeng young children, low-income women, and the elderly.
With no food or water, they traveled hundreds of miles. Although the government has announced
many free food and shelter programs, a large number of homeless people remain homeless. The
value is so great that no one can imagine it. Basic services such as food and accommodations are
not available. The Coronavirus pandemic has affected everyone, whether rich or poor. Businesses
are losing, jobs are being lost and people who have been hired lose their jobs because of
unemployment. This situation makes access to basic services such as food and housing very
difficult. The increase in the number of people sitting in trees with their families is sad. When
looking for food and shelter, they wander here and there, and with covid limits, these problems
become even greater.

Article 21 of the Constitution of India states that no one shall be deprived of his life or liberty.
This section guarantees the right to protection as a fundamental right. In the case of Olga Tellis v.
Bombay Municipal Corporation, considering Section 21, the court ruled that a person has the right
to life and this includes the right to a living and a right to personal freedom. The court ruled that
the right to livelihood should be regarded as a right to self-sufficiency as no one can live without a
means of subsistence and this will be regarded as depriving a person of the right to life. Every
citizen of India has the right to live under a roof.

In the judgment of Rajesh Yadav v. State Of U.P. By 2020, the court held that the right to shelter
is a fundamental right that includes living in a secure environment and a safe environment or
environment. The state has a responsibility to improve the well-being of the people, to provide
people with accommodation. It is the Government's duty under Section 38 and Article 39 to assist
28
people living on the streets by providing them with adequate resources to live their lives in a
meaningful way. Even so, owning one is still beyond the reach of the average person. The steps
taken by the government have not yet been able to reach these thousands of people living on the
streets in the hope of food or shelter. The number of homeless people is so great that it becomes a
daunting task to provide help for everyone while following all the principles of coronavirus. Even
after numerous court applications to provide relief for these immigrant workers or the homeless,
Article 21 appears to be inappropriate. These homeless people do not realize at all that there is a
basic right to a home in our country because no one will teach them.

Just a violation of this article, which leads to the violation of many other themes which serve as
basic rights such as the right to education, the right to a living, the right to food, the right to health,
the right to treat women with respect and dignity, the list of rights seems long. But these people
can't go to court, go to court and fight all this doesn't seem to be an option for them right now. All
these homeless people need food, and a roof over their children's heads so they can sleep. But right
now this seems to be a luxury.

3.2 Current epidemics and increasing homelessness

Dealing with the condition of the coronavirus contains instructions for maintaining social distance,
wearing a mask, and isolating a sick person. These are basic guidelines that everyone should
follow. But can we expect these guidelines to be followed by people who have no food or shelter?
29
They don't even have a place to stay. How can we expect them to follow the guidelines for
separation?

During the epidemic, the number of people forced to be on the streets has been increasing
dramatically. As the work is closed, they have no rent and as a result, the landlord is asking these
people to move out. Last year when a nationwide ban was announced, thousands of people were
seen moving to their places. A month later, these people were given transportation to get to their
birthplace. Thousands of people gathered in one place to board a bus, in violation of an extremely
important social reduction practice that will never be ignored.

A person with low immunity or suffering from any disease falls into high-risk groups and is
considered to be at high risk of developing coronavirus. These homeless people who do not have
enough food, do not have a roof over their heads, and are exposed outside without masks are also
at high risk of contracting the disease. For all these reasons homeless people are considered to be
the carriers of transmitting the disease to a healthy person. Therefore, people are afraid to call
them to do any work. For example, a maid who does all the housework cannot go to her job
because people are afraid when they consider their poor standard of living to call them. The same
goes for the farmer or the driver. With no money in their hands, they cannot even get basic
medical help if they are infected. These homeless people are already suffering the most from the
first phase of housing closure by 2020, and now that they are able to get a little work to start,
another lockdown was installed and they are back to where they are, which is on the streets. .

The epidemic has claimed many lives so far, the shortage of hospital beds and oxygen, seeing
people dying outside the hospital on the streets was sad and rocking the country. In this case even
the man who had all the resources could not save his life because of all its shortcomings; hospital
beds, oxygen, and medicine. The thought of these homeless people suffering from coronavirus
who have no money and raising awareness about how to cope with the situation makes everything
even worse. Apart from coronavirus, these groups of people are at risk of many other diseases that
could put their health at risk. Most of the children and women in these homeless groups are
malnourished. As hospitals become overcrowded, they have no place to go for treatment. Pregnant
women or those with other serious illnesses are in the highest risk group. The pandemic has hit
everyone hard but people who do not even have a home are the most affected.

30
3.3 The role of government and administrative structures in preventing homelessness

The government and various non-governmental organizations (NGOs) are working to help these
homeless people. Many new laws and regulations are being developed to save the lives of people
living on the streets. The Supreme Court also appreciated the work done by non-governmental
organizations. Take care of these homeless people by giving them food, shelter, and teaching them
the basic principles of coronavirus.

The government made some policies to help these poor people who were homeless but could not
implement these policies properly and many people suffered as a result. In these difficult times
non-governmental organizations come forward to encourage and motivate other people to join
them by donating anything or food or a small amount of money to help these people.

Proper coronavirus behavioral education is required. These homeless people need this kind of
help. Many provinces announced free allocations for the poor so that they would not have to travel
from one place to another in search of food. Provinces such as Delhi provide free distribution to
families with access cards and for those who do not have cards, food is prepared for them and
distributed. The federal government has announced a package for providing free food and other
necessities to help these poor homeless people.

The government is trying to help these people by giving them free food for a few months and by
introducing certain laws that will help them, but in reality few get this help and most are left.
Many valleys and rural areas are the worst conditions, the situation has never been reported by any
media source. In these types of places, where there is no source of income, no shelter, and no
medical assistance, the number of people who get sick from coronavirus and die from it will never
be reported. Homeless people are suffering even before the epidemic but now conditions are worse
than we can imagine. Many non-governmental organizations (NGOs) work to help the poor and
homeless by providing basic necessities. Now is the time to help the people around us by donating
even a piece of clothing, food, or whatever possible and be there for each other.

Conclusion

The first and second closures have left thousands homeless and homeless. The study was
conducted by a Pew-based research institute in the United States which said that after the first
31
closure of poverty in India, the figure was twice as high as before the closure. The coronavirus
epidemic has disrupted all activities and affected all areas of activity. It has affected all classes of
people whether they are poor or rich or ordinary people. Push the average person to the brink of
poverty. And poor people are left without work or food. We are afraid to leave our homes because
what if we come back with a virus? These homeless people are too scared to die on the side of the
road from starvation or other natural disasters.

CHAPTER- 4 GLOBAL HOMELESSNESS

4.1 Introduction
32
The definitions of homelessness mentioned earlier reflect the values of the region in which it
originated. Political and economic structures often have to deal with homelessness. There is a huge
gap between housing needs and provision as, increasingly, people move to urban areas: from rural
poverty to urban poverty. One reason for this is found in the differences in changing family unity.
There is a change in value as many leave families seeking greater success outside of this unit.
Divorced families leave older family members and thus lose the immediate physical and financial
care expected of their children. These urban areas do not meet expectations as they find that
renting does not pay enough, so sleeping on the street, choosing food with accommodation, is not
a real option. In this dangerous environment, they are exposed to sickness, abuse, and crime. They
suffer from poor health from respiratory problems to stomach disorders. This group of homeless
people, mostly men, has long included women and families with children. Often suffering and
abuse and lack of economic equality, women and children take their chances by living on the
streets. There they were charged with criminal offenses for violating provisional rules such as
carrying pans, sleeping on a park bench, and not having a place of refuge; they were taken to
prison. Choosing to stay on the road to maintain some degree of independence in their lives even
under difficult circumstances. For women, it is not uncommon for them to turn to prostitution or
the sale of drugs and other harmful substances and relationships in order to provide security for
their children. They are trapped in conditions that have to be repeated because they do not have the
only land titles to give them. Apart from the satisfaction of this situation, their forced choice to
provide for their families lowers their dignity and reduces their chances of finding housing. One
can imagine how this cycle unites children. “If they are orphans, they may lose any of their family
or land rights, leaving them homeless…. street children are committing crimes and in many
countries are being arrested or removed from the streets ” The already damaged state of inequality
is transforming into the worst situations for the most vulnerable: women and children.

As with Western cultures, unemployment, mental illness, substance abuse, and people living in
broken homes and broken relationships are losing their support systems. They come in homeless.
33
It was mentioned earlier but homeless women and children accounted for the growing percentage
of homeless people, often due to the financial dependence of the man on the family. Their
separation from this relationship / marriage for the sake of safety forces the woman to direct her
life. Apart from her own work, the propensity for homeless women to escape abuse in countries
such as Kenya, Tanzania, and Chile, is much higher than in the West. Western women, in general,
live better under similar conditions than living on the streets. Of course, there are cultures that find
female-headed households more acceptable, such as in Latin America, than other cultures, such as
Bangladesh.7

Ethical Rights of the Poor Worldwide

It is essential to the pursuit of perfect human life that basic needs are met: food, water, clothing,
and shelter. Poverty deprives people of material things that can provide them with opportunities to
use their full potential. The inequality between rich and poor exceeds the income gap. Attributes
and a list of options create conflicting world views. For the poor and the homeless who have no
economic resources, their freedom is as limited as ever. The devastation caused by poverty
violates the basic understanding of human rights owed to humanity. This attitude of the poor
continues to be neglected or abandoned by institutions. Henry Shue (1980) emphasized that the
necessities of life and security must be regarded as rights. Apart from these human rights abuses,
Shue argued, “disabling a person, preventing him from exercising any other right. . . . Social
planning should be established that will provide assistance to those in power who cannot control
themselves "(Shue 1980, p. 26). Homeless people are repeatedly forced to live in a way that is
contrary to their moral values. "(Abbarno 1999, p. 188) By satisfying the rights to life, the poor
have the means to achieve their hopes and dreams. and to increase their power, to maintain human
dignity.The rights to live are sufficient for all decades and as this right can be achieved, inequality
continues.

7
IGSSS, The Unsung City Makers: A study of the Homeless Residents of Delhi (2012), available at http://data
%20and%20full%20picture%20of%20delhi%20IGSS.pdf

34
Each person has the right to be satisfied with his or her own needs in the pursuit of happiness. The
distribution of wealth has been, for decades, focused on using a very small amount, often called
1%. As noted above, among the causes of poverty, this new situation puts millions of people
homeless and hopeless. "We must acknowledge that if the ongoing abuse of large numbers of
people is found in the conduct of a large number of agents, these injuries may result in human
rights violations". Unless people are honored as qua persons, the following reproductive rights will
be granted: the right to life, the right to security, the right to privacy, and the right to liberty,
among others. Humanity also produces "the right to basic education and the limited provision
needed to exist as a human being - something more, that is, more than just physical life" .

That a person should be given dignity and respect is an indisputable fact. There are many ways in
which this can be ignored and even made to be systematic, deeply damaging that lasts forever,
placing you in the midst of the worst of morals and failure to fulfill the rights to life of the
endangered class. The history of homelessness around the world underscores the fact that the poor
working conditions of the poor, taking steps to prevent further damage to the environment, have
not been achieved. This situation drives the poor out of morality, forcing them to live and be
ridiculed by their fellow citizens who look down on them, humiliate them; in some cases, the poor
are beginning to believe in them. Therefore, they do not expect to be treated with respect. Because
the failure of rich nations to acknowledge their human rights work impoverishes them and
undermines the moral integrity of the poor.

35
4.2 Locating Moral Responsibility For Global Homelessness

Behavioral philosophers disagree that groups, organizations, or groups can reasonably be held
accountable for actions. They find that there is no good reason to deviate from the traditional ways
of placing a bond between individual agents and for any action, regardless of size, to come from
individuals. This account acknowledges that the actions are personal, bringing results from a set of
reasons, and that the individual's suitability for conduct is based on achieving the reasons,
objectives, and / or results provided. However, for most people with good morals, there are actions
performed in groups that can be described as individual. They have a middle-class ID and their job
of being, like General Motors, Goldman Sachs, Nestles, Monsanto, or the Philadelphia Phillies and
so on. These organizations arise from fulfilling certain roles or objectives in terms of which they
have been identified. They are made up of different offices by profession but combined with the
same policy, policies, and plans that guide their actions in the world. Organizational decisions are
made in harmony that reflect the highest order in the organization. Now, taking responsibility for
the actions of the world is often difficult enough for each agent. For example, a pharmacist gave a
customer a certain drug but did not know that it was contaminated with a harmful ingredient and
would kill him. There is a difference to be made here between acting ignorantly or unknowingly
that only the levels of responsibility are recognized. However, if the problem is the focus of this
chapter, global homelessness, comprehension or responsibility includes examining major
contributing factors. We can, however, make progress in analysis through a joint commitment.
Therefore, we start with international groups whose aim is to facilitate global markets and
international trade or to be a source of borrowing for developing countries to undertake strategic
projects. These groups have previously been identified as IMF, WTO, and WB. Other influential
organizations are governments that are members of the above groups as well as governments that
have contracts to receive benefits. As noted earlier, these assets were not identified, and the
worsening conditions of poverty and homelessness, the increase in human suffering, were due to
this lack of leadership in the affected countries.

If knowledge means responsibility, then the powerful organizations mentioned above should take
on greater responsibility as they were in a better position to know how their policies and actions
would affect the poor. The effects of the economy and political erosion were apparent and
inevitable, but the policies were hampered nonetheless.

36
By emphasizing that national leaders put the interests of investors above their citizens, the IMF
and the World Bank have joined forces to hold accountable the very essence of autonomy, thereby
undermining the democratic process. Reducing social demands in order to negotiate financial
markets has made it increasingly difficult for national governments to ensure that their people
have access to food, health care, and basic education rights as defined by the Universal
Declaration of Human Rights.

David Miller distinguishes two types of responsibility: outcome responsibility and corrective
responsibility. These shed light on how to determine the right agents to contribute to global
poverty and homelessness. "The responsibility for the outcome [is] what we bear for our actions
and our decisions" (Miller 2007, p. 136). "The responsibility to correct [continues to say] is the
responsibility we can have to help those in need". The appropriate corrective responsibility for
resolving the failures of WTO, IMF, and WB agents in their policies contributed significantly to
the relief of suffering or deprivation that was their real relief plan. By focusing on legal and
financial processes to negotiate with the government and to meet the terms of the contract, the
people whom they serve are ignored. Other aspects of the economic trade have led to an increase
in poverty, especially in developing countries where women's inequality is emphasized by both
natural resources and social vulnerability. This gives them a few options for independence and
allows for commercial sex sites that will be profitable. Women and children, however, have the
opportunity to smuggle their lives as tools they can afford, which strengthens the other area of
global homelessness. Therefore, corporations, whether governments or financial institutions, are
also so responsible in the sense of effect that the effects of their policies were seen as factors
contributing to human suffering.

Peter Singer's (2007) key work, "Hunger, Wealth and Morality," began appearing in 1971. In it he
proposed a system of self-sacrifice in rich countries as a solution to the global poverty, which
needs to change the status quo. love has become a moral act. Nearly 46 years later the story
continues to grow but censuses of the world's poorest people also find an increasing number of
homeless people, a population that includes men, women, and children, indeed infants. The causes
of this condition are full of moral values as they encompass the forces that can be changed,
redirected, and consider their role in people's lives. It is a remarkable change in attitude when
world governments come together to help victims of natural disasters, including efforts to help
survivors but also to stop programs to rebuild a corrupt world. In contrast, efforts to rehabilitate
broken lives as a result of the global economic crisis do not provide a sustainable solution to help
37
homeless people around the world rebuild their lives. Our empathy for the suffering of our fellow
human beings may be rooted in tradition, not limited to personal contact. The internet and other
electronic services claim to benefit us by expanding human society. This situation requires greater
depth than it allows for the same line. 8 What is paradoxical, however, is that it expands our
membership but seems to sacrifice the depths of the transferred feelings of deep need for one
another. However, further exposure to the unavoidable suffering that results from the economic
benefits of affluent parts of the world may extend human sympathy as a moral act for the homeless
worldwide. Care technology should replace the negligence of negligence.

Conclusion

Citizenship is an important indicator of international progress and development. Homelessness and

poverty are among the few problems India faces. Homelessness is a serious problem for people of
all ages. Prevention, early intervention, adequate nutrition, and comprehensive legislation are
essential to stop homelessness.

In India importance is given to the details of the Census and in many cases the census is
considered sacred, the first census being conducted in 1872. According to the 2011 Census, the
population in 2001 was 1,02,86,10,328 which is 74,23,02,537 rural people and 28,63,07,791 urban
people.9 The population in 2011 increased to 1,21,05,69,573 while the rural population increased
to 83,34,63,448 and the urban population increased to 37,71,06,125. According to the 2011
Census, it describes homeless households such as those living in open space on stairs, in hot tubs,
on sidewalks, under flyover, pavements, railway platforms etc.42. India's census has described the
perception of homeless people as those who do not live in a 'census house'. Census house means
'roofed building'. However, according to a special UN report on adequate housing, he emphasized
"homelessness as a lack of basic shelter".

According to the 2011 census, India has an estimated 1.7 million homeless people and the urban
population has 938,384 homeless people. The census is very degrading to accurate numbers. Non-
governmental organizations, however, account for the fact that at least one percent of India's
homeless people are homeless. Therefore, it can be estimated that the number of homeless people
8
Housing and Land Rights Network, Homelessness (2014)
9
UNDP, Human Development Report: Human Development for every one (2010)

38
in the cities is at least 3 million. In addition, Delhi alone counts approximately 150,000-200,000
homeless people. India also has the highest number of street children in the world. The latest
census of 2001 census shows 13 million 'homeless houses' approximately the equivalent of 13
million households, yet no definitive data can be found, as there has been a significant difference
between data collected by separate and non-governmental governments. -government institutions.

The State-wise Census of India, 2001 may be referred to in understanding the negative image of
homelessness in India.

S. NO. STATE/UT HOUSELESS

POPULATION

1 INDIA 1,943,476

2 ANDAMAN NICOBAR ISLANDS 242

3 ANDHRA PRADESH 163,938

4 ARUNACHAL PRADESH 442

5 ASSAM 13,555

6 BIHAR 42,498

7 CHANDIGARH 2,722

8 CHHATISGARH 28,772

9 DADAR & NAGAR HAVELI 1,471

39
10 DAMAN & DIU 1,071

11 DELHI 24,966

40
12 GOA 5,280

13 GUJARAT 220,486

14 HARYANA 59,360

15 HIMACHAL PRADESH 8,364

16 JAMMU & KASHMIR 12,751

17 JHARKHAND 10,887

18 KARNATAKA 102,226

19 KERALA 16,533

20 MADHYA PRADESH 231,246

21 MAHARASHTRA 340,924

22 MANIPUR 2,607

23 MEGHALAYA 1,827

24 MIZORAM 336

25 NAGALAND 2,002

26 ORISSA 42,871

41
 27 PONDICHERRY 1,662

28 PUNJAB 46,958

29 RAJASTHAN 143,497

30 SIKKIM 286

31 TAMIL NADU 86,472

32 TRIPURA 857

33 UTTAR PRADESH 201,029

34 UTTARANCHAL 14,703

35 WEST BENGAL 110,535

This has been one of the biggest problems and the challenge of homelessness is that without
proper data the right policies cannot be built. So in the existing policies there is not much to
expect.

42
CITY WISE HOMELESS PEOPLE IN INDIA

The 2011 Census estimates the following figures, which are also based on numerous surveys,
conducted by non-governmental organizations.

Sr. CITY HOMELESS

POPULATION
No.

1. AHMEDABAD 100,000

2. BANGALORE 40,000-50,000

3. CHENNAI 40,000-50,000

4. DELHI 150,000-200,000

5. HYDERABAD 60,000

6. INDORE 10,000-12,000

7. KOLKATA 150,000

8. LUCKNOW 19,000

9. MUMBAI 200,000

10. PATNA 25,000

11. VISHAKHAPATNAM 18,000

43
The Census itself has made a huge difference even though there is a long period of time which is
10 years in a given census but it is not equal. In addition, if surveys conducted by different
agencies in the same year or subsequent years are considered, then significant differences can be
observed. If only the case of the national capital is taken, it will be known that there is no
numerical variation. The following are details of Delhi homeless people by various agencies.

Year Agency Population

2000 Aashray Adhikar Abhiyan 54000

2006 human development report 100000

2008 IGSS 88000

2010 UNDP 56000

2011 Court Commissioner Report 300000

India is a country, which currently commits itself to great power, and ranks 131 in the Human
Development Index53, and has the highest number of people living below the poverty line, not to
mention one in five Indians. according to a 2016 World Bank report. Also known as the world's
largest Democracy, India's capital has seen 15074 anonymous homeless deaths between January
2012 and August 2016, but no one can be held accountable for the reported deaths54. The Prime
Minister of India has set a goal that by 2022 all Indians should own a house. Comparing this with
the move followed the President's speech. It means that India needs 449,761 houses for homeless
families because according to 2011 figures 449,761 households are homeless. Therefore, 55000-
60,000 houses need to be built each year to achieve the target of universal housing by 2022.
According to current estimates there are 18.78 million urban housing shortages and 96% of them
are economically weak and low-income groups are expected to rise to 34 million by 2022. By
2030, 38 million households will not be able to afford housing. The gap between demand and the
provision of housing is due to the unrestricted and unrestricted commercial development of high-
income housing at the expense of the low-income group and the economically weak class.

44
Among the top five major cities of Mumbai, Kolkata and Delhi are experiencing severe housing
shortages. Understandably, the higher the population, the greater the number of homeless people.
Larger cities are undoubtedly the centers of opportunity and growth but these cities cannot
provide a home for everyone who lives in them. The cost of housing was moderate. For the
homeless in the cities 26% live in the five major municipalities. There have been many housing
policies and programs, yet they have not shown much impact. I mean, there are already housing
services and they are renamed the Department of Housing and Urban Poverty Alleviation under
the new Government, which is in line with the promises in the the manifesto.

CAUSES OF HOMELESSNESS

Setting the goal of eliminating homelessness is essential to going to a lower level so that we can
understand the real issues. The above-mentioned effort is always incomplete if the exact cause of
the issue has not been considered. Therefore, a researcher in this section has analyzed in depth
the most common causes of homelessness.

There are a number of factors, including homelessness, a few leading and some contributing only
a small portion. The following are a few key features:

i.Earth:

Land scarcity in rural areas is closely linked to housing scarcity. Land scarcity contributes to
many types of interconnected problems e.g. Insufficient housing, lack of livelihood, poor health,
hunger and malnutrition, and extreme poverty. Land degradation leads to housing loss.

ii. Exile in the countryside:

Large infrastructure projects in the name of development or other government projects can result
in homelessness e.g. special economic zones, mining allocations, conservation programs. Home
debt can lead to homelessness57.

45
iii. Social violence and civil strife or nationalism

Social violence and social or ethnic strife and state-sponsored violence result in violence and the
destruction of homes and lead to homelessness in rural and urban areas. Young people and dalits
have a completely different image of homelessness as is the case with Muslims in Gujarat and
Christians in Kandhamal and Dalits are facing violence and burning of their homes and land,
leaving them homeless.

iv.Relocation to the Rural Situations:

A combination of natural disasters such as droughts, floods, hurricanes etc. In addition other
factors such as the agricultural crisis and development in rural areas are a major cause of
homelessness, as in rural areas there is a great need for health care. opportunities. Most homeless
people are for this reason as they come to the cities in search of job opportunities and by leaving
their homes at home, they have nowhere to live because the cost of urban housing is beyond their
means. working without shelter, he was left homeless. This abuse is even greater for women.

The common perception that the rural part is attracted and the urban infrastructure seems unfair
as the rural people are not voluntarily going to the urban areas but are forced to move to the
urban areas. They are transformed structurally and systematically into a state of poverty, beyond
their control.

v. Affordable and affordable housing:

Another major reason for homelessness is the failure of development authorities to provide
affordable housing. There is no plan to meet the needs of immigrants and the growing population
as a whole. Although there is a basic plan, which mandates that there should be low-income
group housing, there is still a launch disability59. In addition, urban growth depends on the need
for workers. Therefore, construction work is brought to the cities for construction purposes but
no provision is made for their houses. At the end of the ten-year program the urban housing
shortages were recognized as 24.7 million residential units and in the eleventh five-year plan
there were identified 26.3 million shortages and most of them are low-income and economically
disadvantaged. Despite these huge backlogs no drastic measures are taken to implement housing
policies. In addition, the popular Jwahar Lal Nehru Urban Renewal Mission (JNURM) program

46
focused on urban infrastructure instead of housing. There has been a sharp decline in global
funding for housing subsidies.

vi. Demolition of slums and forced evictions and non-rehabilitation:

This has become a worldwide problem. Demolition and forced evictions are often accompanied
by violence and have become a growing problem. Forcible evictions and demolition of shacks
were done in the name of decorating the city and other developments by the state leading to the
eradication of the poor instead of improving housing conditions. Major events such as the
commonwealth in Delhi have resulted in forcible evictions, which have had a significant impact
on homelessness. A study by the Housing and Land Rights Network revealed that more than
200,000 people have lost their homes as a result of the Commonwealth Games. Moreover, there
was no renewal, forcing people to stay on the streets. However, in the name of rehabilitation
which is very bad as the settlement is on the outskirts of cities and does not provide basic
services such as water, electricity, transport and sanitation and so on. keeps people away from
normal social involvement and makes people10

So for this reason people who are given such restitution do not want to help and prefer to live on
open roads.

vii. Land mafia and Real Estate:

Excessive investment and huge gambling in the world have made real estate prices more
expensive and therefore less affordable for rent. This forces a large portion of the family to spend
most of their income just to maintain their homes, forcing them to take to the streets unable to
afford housing.

viii. Domestic Violence:

Domestic violence against women has become a real problem, which is why they often have
homelessness. Many women, who dare to leave their homes because of the violence they face in
their homes, end up homeless and face more violence. Instead, the fear of homelessness of
women puts them at the center of the domestic violence scene and suffers abuse.

10 1
http://www.igsss.org

47
ix. Family and family conflicts:

It is a very broad point as it covers a wide range of issues such as abandonment, eviction after the
death of a husband, mental illness and more. Among other things, it is a factor that influences or
harms especially women and makes them prone to homelessness. Social stigma is another
problem, dispersing help, which can be found in the community.

x. Differences in land use:

India's land use plan favors high-income groups and is not really equitable. It was noted in 2003
by UNDP that 95% of the land is reserved for 5% of the city's population. The provision of
separate women’s facilities is not reflected in the system and moreover women have never been
touched by the same. Major housing programs do not discriminate on the basis of gender so
systematically women end up insecure and thus homeless. Complete failure to maintain
affordable housing, non-compliance with housing laws and land use have contributed to the
problem of homelessness.11

xi. Law Insufficiency:

The complete absence of human rights laws that may promote a well-founded approach to
housing and reduce violent evictions is one of the biggest problems because nothing will address
the existing problem of homelessness. Instead, there are laws, violent and old-fashioned, which
add to the misery of homelessness as a Land Acquisition law that allows a state to acquire land
'for a public purpose' this is very broad and often misused and unexplained. There are also other
laws against discrimination and poverty such as the Bombay Prevention of Begging Act 1959
which in turn has had a devastating effect on women who have put themselves at risk and have
become victims of violence and homelessness.

xii. Homelessness is the only way available to the poor:

It is the duty of the state to create conditions in which there may be a sustainable realization of
housing as a human right, which includes the provision of a solution for it. The first step is to

11
Ibid (2016)

48
provide adequate shelter and then provide access to affordable housing. There are no temporary
shelters and no shortage of working men and women hostels, there are no ways for people to
move from time to time and be forced to be homeless in these conditions.

xiii. Types of items:

Other factors that contribute to homelessness especially for women: the system of ancestral
inheritance laws, order and procedures. Lack of awareness among women with respect to their
human rights, inability to access affordable services etc. discriminatory and traditional practices.
Even the special secretary of adequate housing makes it clear that the government's obligation to
eradicate sexism is one of the immediate consequences and failure to do so by itself is a violation
of human rights.

FEATURES OF HOMELESS HOUSEHOLDS:

i. Suffers of extreme poverty to moderate level poverty

It is one of the most popular and widely used homeless people in the world. Poverty is not just
one thing but the background as well, where other factors are present. The fact that homeless
people are deprived of many rights as the right to privacy is linked to a number of rights such as
the right to privacy, the right to clean drinking water, the right to live, the right to recreation, the
right to work, the right to education, the right to socialization, the right to participation, carious
government rights. the nature of poverty itself66.

ii. Insecurity, which leads to vulnerability:

Insecurity is mainly caused by poverty and homelessness and is one factor. Homeless people are
not protected by the basics of health e.g. Square meal. In the US twenty percent of homeless
people eat only one meal in 67 days, except that their body has no protection, which can be
provided by four walls and a roof. They can easily fall victim to sexual violence, robbery, etc. A
1999 HUD report states that in the US, 38 percent of the homeless have been victims of theft
even more directly, 41 percent have been victims of theft in their absence, 22 percent have been
victims of physical abuse and seven percent have been sexually abused. The irony is that those
who were supposed to protect them i.e. the Police made a victim68. It is also noted that homeless
people often suffer from health problems and that they are very serious e.g. Tuberculosis is

49
present in those who are exposed to cold or water and the worst is that homeless people are at
greater risk of drug addiction etc than people living in houses.

A normal body needs a certain amount of rest but it differs in the number of homeless people as
there is absolutely no privacy and if there is no free space for various problems such as noise etc.
to be a participant but the number of homeless people is a completely different social order that
can be counted in the community and therefore in all cases the people mentioned do not
participate in any of the situations. They are almost invisible to the public eye.12

iii. Age and gender

Homeless people belong to various organizations, living on the streets. According to a US study
of 16 cities, 28 percent of all homeless people live in families 69 and women earn more than half
of these 28 percent. It was also noted in 1987 that the number of homeless people is getting
smaller than before, at an average age of 3470. Western Europe has more than 70 percent of
homeless people under the age of 40. In addition, in recent years the number of homeless shelters
among young people has increased.

iv. Drug Use Among the Homeless:

In the world of lucrative industries, drug addiction is rampant. Most adults in the US continue to
abuse drugs. In addition, people are losing their weighty and sensitive family statistics and
friendly relationships that can be helpful72. It is the cause and condition of some people
homeless. Even more significant in Western Europe and North America are growing literature on
alcoholism, glue inhalation and drug use in adults. Although, it is the practice of a common
social group but somehow it is manageable for them without them being homeless. On the other
hand, many did not have such a habit before becoming homeless, but after that they tried to
escape the reality of their situation by finding comfort in bottles, needles, or aerosol cans. It has

12
Housing and Land Rights Network, Planned Dispossession: Forced Evictions and the 2010 Commonwealth
Games (2011)

50
been noted that the definition of a drug abuser is clear. Therefore, the definition varies or does
not mean any description at all, the data varies greatly from one survey to another.

v. Vicious Cycle of Health Issues: Physical and Mental:

An American study found that failure to meet the health needs of people, especially the mentally
ill and disabled, had led to many homeless people being left homeless. The physical and mental
health problems of the homeless are almost inexhaustible. Chronic health problems are more
common for the homeless than for people living in houses73. In the case of Europe, a study by
Italy and Spain highlights that one third of the homeless people surveyed had serious health
problems. or psychologically. However, the homeless who are mentally ill, if properly treated,
will not remain homeless. Therefore, a lack of support and treatment for mental illness will
increase the risk of homelessness. A UK study has shown that between 30 and 50% of those who
sleep unhealthily have a history of mental illness. In a global context the relationship between
mental illness and homelessness is very complex and lacking in global context. The relationship
that mental illness is the cause or effect of homelessness is rampant. The US estimates that 15 to
90 percent of its homeless people are mentally ill.

vi. Homeless People and Nationality

Western Europe has a very small number of immigrants as they are homeless between 10 and 20
percent. The part is different from other countries. Norway has 4% of immigrants, homeless. The
South African issue is important here as some immigrants are trapped in the harsh conditions that
have led to their homelessness. The example of Oom Johny, he had previously worked for Gold
Mines but the retrenchment left him unemployed and homeless. In addition, his outstanding ID
documents were confiscated, which would have enabled him to receive a pension that would
allow him to live a decent life at home. Swaminathan's study on the homeless Mumbai, almost
all heads of homeless people are outside the city and yet have been residents for a long time.
Most were from Bihar.

51
LIVING CONDITIONS OF CHILDREN:

Street children fall under the category of particularly vulnerable children (CDEC). India has
about 400,000 street children and forms the most threatened group within the CDEC. UNICEF
divides street children into four groups: children working for a family but living children, street
children primarily but having some form of family life, children living on the streets without
contact with the family, and children who have been abandoned. and exploitation. Children on
the streets work hard in dangerous situations and prostitution. To get money and food, they sort
out the garbage. Poor behavior and behavior problems are common among street children, and
they drop out of school, resulting in illiteracy and the ongoing cycle of homelessness and
poverty.13

The researcher selected a group of street children to enlighten them about homelessness.
Children are an innocent and very vulnerable group among the homeless and are subject to the
negative conditions wrapped up in urban conferences. This section seeks to analyze the living
conditions of street children and highlights the seriousness of the injustices faced by the
homeless and highlights the failure of the social vision, the inability to fulfill the promise of
eradicating the evils of homelessness..

According to figures provided by UNICEF, there were more than 100 million street children
worldwide in 199277. In a study conducted by Ennew and Milne, it was suggested that about 70
percent of the above work on the streets, while 20 percent. live, work and sleep on the streets
while the remaining children fall under the category of abandoned children. In India it is
estimated that there are an estimated forty-four million street children homeless.

13
Swaminathan. M, Aspects of urban poverty in Bombay, 7 Environment and Urbanization 1(1995)

52
The following is a list of disadvantaged living conditions for children living on homeless streets:

i. Frequent subject of violence :

Street children face violence from homes and streets. Lack of ownership and caregivers makes
them more vulnerable than other homeless groups. In many studies it is understood that there are
three types of perpetrators that are a continuing source of street violence. They are the police or
other law enforcement agencies, different types of middle-aged and older people. When it comes
to the violence they face in a place called home, it is their biological parents, older siblings etc.
Lawmakers have no sympathy for them and will always be considered as criminals, members of
any illegal group like drugs. marketers or troublemakers in good city setting. On the other hand,
street children are increasingly victims of escape and abuse. Various traffickers, such as mastans,
exploit them financially by raising funds to provide temporary accommodation, giving them
drugs to exploit them. These street children are often the victims of homeless adults as they are
considered competitive. On the other hand, it is even worse for the girls when they are the
victims of the above-mentioned sexual harassment.

The exploitation of street children by law enforcement agencies is likely to occur in three
locations. They are on the streets or in police cells or in children's homes. Numerous studies
conducted by non-governmental organizations and international organizations indicate that they
have been physically, mentally, emotionally and sexually abused80. When it comes to the image
of a girl being sexually abused, age plays an important role. Children ages 12 to 18 face higher
levels of sexual harassment compared to other age groups.

53
ii. Crime is a part of their lives:

Street children are another major victims of various forms of street crime. According to reports
by the National Crime Record Bureau, the number of child rape victims is estimated to be 5,484
and the number of homicide victims is estimated at 1,408.81. Very few percent of the crimes
committed on street children are largely reported due to the shortage for caregivers to care for, a
shortage of caregivers to invest, in most cases law enforcement agents are not serious about such
cases. Therefore, many cases of street child abuse will never arise. The director of Chetna, a
Children-Based NGO, said, "Street children are physically, mentally-daily sexually and trapped
in a cycle of drug abuse and crime, but no one is being abused."14

iii. Victims of Health Problems:

The shocking statistics provided in a 2005 United Nations ICEF report reveal that about sixty-
three percent of Indian infants eat only once or twice and that about 53 percent are victims of
chronic malnutrition. It should be noted that this is a general tragedy for children. Therefore,
when it comes to street and homeless children, their health conditions are in a state of disarray
and therefore they are victims of various diseases and chronic malnutrition. In India in recent
years there have been many state health programs and men's activities by NGOs directing the
lives of street children and the health of children in general. But lacunae is fundamental to the
successful implementation of these programs about street children being absent, caregivers, and
in some cases homeless children themselves fleeing in fear to be caught by any law coercive
agencies, thus living an invisible life and overcoming difficult health conditions and
malnutrition.

As we have discussed earlier, child abuse is often the most common form of abuse. And when it
comes to the health sector, street children are victims of physical, mental, and emotional health

14
Episten, Educating street children: some cross-cultural perspectives, 32 Comparative Education 3289-302

(1996)

54
problems. Their way of life, the place they sleep, the food they eat their jobs and other activities
expose them to many cracks, sores, animal bites, skin diseases, fever, respiratory problems etc.84
Many studies show that the level of food they get from it. the food they eat is very low, causing
them to fall into a vicious cycle of chronic malnutrition and many of them suffer from diseases
such as asthma and diarrhea.

Station as their shelter indicates that they are more likely to contract TB.86 HIV cases are more
common in street children as they are the victims of sexual abuse easily.87 In a study, about 60%
of poor children in Mumbai have sex, about 1 percent eighty street children in Chennai have
premarital sex and about 90% of them have never used contraceptives.88

iv Mental Health and Self-Confidence:

The most neglected part of health is the mental health of street children. Although it is very
difficult to find the strength of street children suffering from mental illness, it is evident in many
studies that street children are the most vulnerable homeless groups when it comes to mental
health. A study in Johannesburg reported, "High levels of behavioral problems such as sleep
disorders, aggression, overwork, embarrassment, withdrawal and emotional problems such as
depression, anxiety, sadness, self-esteem, self-harm and self-injury (itching, headaches,
punching, etc.) are also common. it was common ”.89 When it comes to the case of India,
although very little research has been done on it, it is reported in a study in Delhi that 20% of
street children are in good condition. of despair. Of these 20 percent 12.9% are victims of
suicidal thoughts, 12.9% actually plan suicide attempts at least once and 3.2 percent are already
attempting suicide. Depression was found in 8% of children. The tendency to self-harm forms in
8% of children. Non-social behavior is found in about 80% of them and 7.8% were neurotic.90

v. Common Victims of Drug Abuse:

Many street children are victims of drug abuse. This is a sad fact of life for street children.
Although there is no widespread use of expensive substances like heroin, cocaine etc., but
cheaper substances like hashish, dyes, phensydile, glue, and whitener etc. are widely used by

55
them. In one study almost 80 percent of these children were victims of drug abuse on a regular
basis. 91 Children living on the streets take these things as a protection against the end of winter,
summer, and fear of hunger, loneliness and depression.92 This drug use affects children both in
terms of health and financial terms as they often work hard. - earn money to buy them and
become a victim of homelessness.15

CONCLUSION

Homelessness is rampant in every corner of the globe, regardless of whether it is developed or

not. Many countries and international organizations have defined the concept of homelessness
and homelessness, in line with their economic, political, and social needs. While bringing about
complete harmony of meaning is not realistic, striving for the inclusion of a broad definition in
order to eliminate homelessness in a meaningful way is very important. A strange picture of
statistics and statistics around the world shows the level of homelessness. In addition to this,
developing countries lack effective measurement skills due to many policy and procedural
limitations. The causes of homelessness and the characteristics of the homeless as shown above
are multidimensional in nature and enlighten us about possible solutions.

15
http://ncrb.nic.in

56
 CHAPTER- 5
HOMELESSNESS AND HUMAN RIGHTS

5.1 INTRODUCTION

Homelessness has emerged as a violation of human rights worldwide and even in countries with
adequate resources to deal with it. However, it has been severely restricted to human rights, and
it is not uncommon to be treated as a human rights violation that requires positive action by the
State to prevent and eliminate it.16

Homelessness not only reflects the State's failure to ensure access to safe, affordable and
adequate housing for all, but also violates a number of other human rights:

• For example, exposure to homelessness greatly harms the health of those affected and
undermines their right to a high standard of health care.

• Homelessness causes, every year a few thousand premature and preventable deaths, which is
reflected in the failure of states to protect the right to adequate living. In addition, it should be
noted that the right to life itself includes more than just survival, as it encompasses the
fundamental concept that everyone has the right to enjoy his or her life in dignity.

• Homelessness is discriminated against and often deals with crime, violence, and cruel policies
that violate, rather than protect, the rights of the victims.

• Homeless people are also often discriminated against because of their housing status or lack of
legal address, which affects their political, economic and social rights, such as their right to vote,
their right to work, or their right. to achieve certain social benefits.

Only a few countries have laws that allow homeless people to seek access to adequate, affordable
and secure housing, without having to limit their access to integrated emergency shelters.
Similarly, only a few courts have taken the initiative to force government officials to take all

16
Human Rights Watch, Police Abuse And Killings Of Street Children In India,(1996), available at

https://www.hrw.org/reports/1996/India4.htm

57
necessary steps to end homelessness, based on national, constitutional, or international human
rights obligations.

Campaigns

Following the decision of the Human Rights Council 43/14, which called on States to take all
necessary steps to end the law of homelessness, the Special Reporter on the Right to Adequate
Housing and the Special Secretary for Extreme Poverty asked the states, local government.
organizations, national human rights institutions and civil society to disseminate information on
the ongoing crime of homelessness and extreme poverty, such as prevention and penalties for
sleeping, begging, eating or performing any other life-saving activity in public places.

Everyone deserves a safe and loving home - including LGBTQ + youth

OHCHR, United Nations Free & Equal and True Colors United launch campaign to prevent and
eradicate LGBTIQ + homeless youth by 2020/2021, learn more…

Fact Sheet - What everyone and governments can do to prevent and eradicate LGBTIQ +
homeless youth.17

Definition of homelessness

Homelessness means having a stable, secure and adequate home, as well as a lack of means and
ability to afford it. It should be noted that international organizations, governments, researchers
or civil society organizations have adopted different definitions of homelessness depending on
language, socioeconomic status, cultural norms, affiliates and the purpose of homelessness. The
experience of homelessness is not fully captured without the rich definition that goes beyond the
deprivation of physical accommodation. To reduce the issue to placing a roof over one's head, it
will fail to consider the loss of social connections - a sense of "homelessness" - and the social
exclusion experienced by homeless people.

17
http://www.indianngos.com/issue/child/street/statistics/issue.htm

58
The definitions of homelessness used by UN Habitat, the Secretary-General of the United
Nations, the Institute of Global Homelessness or the European Federation of Organizations
Working on Homelessness (FEANTSA) are all similar to other types of homelessness: people
living on the streets. , in open spaces or cars; persons living in temporary emergency facilities,
women's shelters, camps or other temporary accommodation provided for internally displaced
persons, refugees or migrants; and people living in inadequate and insecure housing, such as
slum dwellers. Therefore, sleep deprivation is just one manifestation of homelessness, but not
normal.

5.2 Human rights standards

Homelessness violates the principle of human dignity mentioned in articles 1 and 22 of the
Universal Declaration of Human Rights and the International Covenants on Civil and Political
Rights and Economic, Social and Cultural Rights.

Governments have ratified Article 11 (1) of the International Covenant on Economic, Social and
Cultural Rights to the right of every person with an adequate standard of living, including food,
clothing and housing, and the continuous improvement of living conditions. Article 12 states that
everyone has the right to a standard of living affordable. Governments must also ensure in terms
of Section 2 (2) that all economic, social and cultural rights "are exercised without discrimination
of any kind in relation to… national or social origin, property, birth or other status", including
housing status. .

States have the obligation to prevent and eliminate homelessness

States cannot rely on the argument that taking steps towards elimination of homelessness may
only be considered at a later stage of development, claiming that all economic, social and
cultural rights are subject to progressive realization. The Committee on Economic, Social and
Cultural Rights has clarified in its General Comment No. 4 (1991) that States must regardless of

59
their state of development, take certain steps to realize the right to adequate housing immediately
and that in this respect priority must be given to those social groups living in unfavourable
conditions (para. 10 and 11). Obviously, living in street situation or having no access to adequate
housing at all, means living in one of the most unfavorable conditions.18

Preventing and eliminating homelessness is a “minimum core obligation [of States] to ensure the
satisfaction of, at the very least, minimum essential levels of each of the rights” under the
International Covenant on Economic Social and Cultural Rights. The Committee has in this
context clarified that a “State party in which any significant number of individuals is deprived of
essential foodstuffs, of essential primary healthcare, of basic shelter and housing, or of the most
basic forms of education, is prima facie, failing to discharge its obligations under the Covenant”

In more simple words: States are not obliged to provide to everyone experiencing homelessness
with a wonderful home free of charge, but need to make sure that everyone can access basic
shelter and housing. Such housing must be safe, adequate and affordable to the concerned person
or family, and also ensure sufficient privacy. Ensuring access to a collective emergency shelter is
as an immediate response to a loss of housing sufficient, but will fail to meet human rights
obligations, if living in such as shelter would become a long-term solution.

States must furthermore use “maximum available resources” to satisfy that everyone within their
jurisdiction has access to essential levels of housing and other social, economic and cultural
rights. Public funds must first be spent to house the homeless before considering other
expenditures, such as embarking, on a programme to increase the housing quality for those who
are already in housing. Secondly, it also means that States that have failed to reduce and
eliminate homelessness must show that they have actually lacked the required resources to do so,
in order to remain in conformity with their obligations under Articles 2 (1) and 11 (1) and under
the International Covenant on Economic, Social and Cultural Rights.

States should also adopt a national housing strategy that should “reflect genuine and effective
consultation with, and participation by, all of those affected, including the homeless, the
inadequately housed and their representatives.” States are furthermore obliged to ascertain the

18
Shoban Saxena, India’s invisible children: Swallowed b the Streets, The Times of India, November 6, 2011.

60
full extent of homelessness and inadequate housing within their jurisdiction Nobody should be
evicted into homelessness

General Comment No. 7 (1997) states that: “Evictions should not result in individuals being
rendered homeless or vulnerable to the violation of other human rights. Where those affected are
unable to provide for themselves, the State party must take all appropriate measures, to the
maximum of its available resources, to ensure that adequate alternative housing, resettlement or
access to productive land, as the case may be, is available.”

The Committee on Economic, Social and Cultural Rights decided in López Albán v. Spain
(communication No. 37/2018, E/C.12/66/D/37/2018) that the “State party has a duty to take
reasonable measures to provide alternative housing to persons who are left homeless as a result
of eviction, irrespective of whether the eviction is initiated by its authorities or by private entities
such as the owner of the property.” The Committee further clarified that “in certain
circumstances, States parties may be able to demonstrate that, despite having made every effort,
to the maximum of available resources, it has been impossible to offer a permanent, alternative
residence to an evicted person who needs alternative accommodation. In such circumstances,
temporary accommodation that does not meet all the requirements of an adequate alternative
dwelling may be used. However, States must endeavour to ensure that the temporary
accommodation protects the human dignity of the persons evicted, meets all safety and security
requirements and does not become a permanent solution, but is a step towards obtaining
adequate housing.”

In Ben Djazia and Bellili v. Spain (Communication 5/2015, E/C.12/61/D/5/2015) the Committee
underlined that “the obligation of States parties to provide, to the maximum of their available
resources, alternative accommodation for evicted persons who need it includes the protection of
the family unit, especially when the persons are responsible for the care and education of
dependent children.”

61
Evictions into homelessness violate as well Article 17 of the International Covenant on Civil and
Political Rights which specifies “No one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and
reputation.”

The Human Rights Committee has ruled in Liliana Assenova Naibidenova et. al. v. Bulgaria
(Communication No. 2073/2011, CCPR/C/106/D/2073/2011) that an eviction of an
impoverished Roma community would constitute a violation of article 17 of the International
Covenant on Civil and Political Rights (ICCPR) if it enforced an eviction order so long as
satisfactory replacement housing is not available immediately. The Committee concluded that by
not considering the consequences of eviction, such as the risk of homelessness, the State party
would illegally encroach on the homes of the people living in the area, and thus infringe on their
rights. to be excluded under section 17 of the Agreement. As a result, the State was obliged to
cease eviction until satisfactory housing was obtained (sections 14.7, 15 and 16).

In Gregopoulos et al. v. Greece (CCPR / C / 99 / D / 1799/2008) The Human Rights Committee

found that demolition of a Roman family-owned shed and preventing the construction of a new
house by municipal officials was a violation of principles 17 (domestic disruption), 23 (family
protection) and 27 (right to enjoy). one tradition) of the International Covenant on Civil and
Political Rights.19

Homelessness is a violation of the right to life

The obligation to prevent and eradicate homelessness is also found in the State obligation to
protect the right to life as set out in Article 6 of the International Covenant on Civil and Political
Rights. Homelessness - especially when people are exposed to it for a long time or repeatedly -
not only causes untimely death, but also violates people's right to enjoy a dignified life (see A /
HRC / 71/310).

The Human Rights Committee emphasized this in General Comment No. 36 (2019) states that
“the task of protecting the right to life requires that provincial agencies take special measures to

19
http://www.indianngos.com/issue/child/street/statistics/issue.htm

62
protect vulnerable people ... including children, especially street children” (par. 23). “Health
protection also means that state agencies must take appropriate action to deal with common
situations in the community that may pose specific life threats or prevent people from enjoying
their right to a dignified life. These common conditions may include ... deprivation of indigenous
land, land and resources ... widespread hunger and malnutrition ... Measures required to address
adequate conditions for the protection of the right to life include, where necessary, measures
designed to ensure individual access to essential goods and services such as and food, water,
shelter, health care, electricity and sanitation, and more. measures designed to promote and
facilitate adequate standard conditions, such as… public housing programs. ”

Homelessness and cruelty, inhumanity, and humiliation

Homeless people are often the victims of crime and abuse, cruel and degrading to the public or
private individuals, including public and private security officials, unlawful detention or forced
detention, deportation and other restrictions on their freedom of movement, health restrictions.
care or other public services and benefits, including access to safe drinking water and sanitation.

The mere existence of homelessness has not yet been regarded as brutal, cruel, and degrading,
which is prohibited by Article 7 of the International Covenant on Civil and Political Rights.
However, the State's failure to prevent or respond to homeless people can be tantamount to
cruelty, cruelty and humiliation.

For example the eviction of homeless people, forced relocation to a country where a person will
face homelessness and poverty, or the refusal of government institutions to provide homeless
people with alternative accommodation and food available - depending on the circumstances.
cruel, inhuman and degrading treatment under international human rights law (see Jasin v.
Denmark, CCPR / C / 114 / D / 2360/2014; A.H.G v. Canada, CCPR / C / 113 / D / 2091/2011,
European Court of Human Rights 202 (2020) N.H. and Others v. France, application number
28820/13, 75547/13 and 13114/15).

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Children in street conditions

The Committee on the Rights of the Child established in its General Comment No. without
respect for human rights. General Commentary highlights the various human rights principles of
the Convention on the Rights of the Child which should be respected in respect of street
children.20

Decisions

The Human Rights Council expressed its resolution 37/4 (2018) with the concern that “the right
to adequate housing is not available to most people around the world and that millions ... must be
urgently addressed by States… and the support, where necessary, of international society”. The
Council called on governments to “ensure that the principles of equality and non-discrimination
are adhered to in the exercise of the right to adequate housing, and in this regard take steps to
achieve the maximum resources available to address systematic homelessness and housing. . ”

Human Rights Council Resolution 43/14 (2020) also called on governments to "take all
necessary steps to end the law that criminalizes homelessness, and to take concrete steps to
prevent and eradicate homelessness by adopting and implementing laws, administrative orders,
evasion." Strategies and programs are categories at all levels, among other things, sensitive to
gender, age and disability and based on international human rights law. "

In 2020, the United Nations Economic and Social Council adopted a resolution for 2020/7, on
affordable housing and social security programs for all to address homelessness, which include:

• Requests Member States to collect and reconcile the use of demographic data on homelessness
in order to facilitate policy implementation (par. 12)

• You realize that adequate temporary accommodation can be helpful to those who have lost their
homes due to emergency emergencies ... and that assistance to switch to permanent housing
should be provided on time (par.30)

20
Khurana S, Sharma N, Jena S, Saha R, Ingle GK. 2004. Mental health status of runaway adolescents. Indian
Journal of Pediatrics, 2004;71:405-9

64
• Recognizes the need to address family homelessness, which includes gender sensitive policies
and the provision of appropriate resources and support services to families to break the cycle of
generational homelessness for generations (par.31)

• calls on Member States to combat racism and xenophobia (section 34)

• Recognizes that Government has a key responsibility to eradicate homelessness ... and
encourages all stakeholders to build broad relationships at all levels to prevent homelessness,
support the homeless and develop long-term solutions to eradicate homelessness (para. 35)

On 16 December 2021 the National Council adopted a resolution 76/113 on inclusive policies
and homelessness programs which recognized that homelessness is a violation of human dignity.
The resolution called on States to, among other things:

• ensure the promotion and protection of all human rights, in accordance with their obligations
under international human rights law (paragraph 2).

• consider homeless people in the design, implementation, creation and evaluation of policies,
programs and strategies for full, equitable, purposeful, effective, constructive and sustainable
society and access to affordable, sustainable, secure and adequate housing (section 4) and called
on Member States to take joint action, in line with their obligations under international law, to
remove barriers to the enjoyment of human rights, including the right to a decent standard of
living, including housing, increased access to adequate housing, resources and resources to
advance the achievement of the 2030 Development Agenda Stable.21

All States have also made an international commitment to eradicate homelessness by adopting
the 2030 Agenda for Sustainable Development. Under the Sustainable Development Goal 11.1
Countries have agreed to “ensure universal access to adequate, safe and affordable housing and
basic services, and to upgrade informal settlements” by 2030, which includes the need to
eradicate homelessness.

21
Khurana S, Sharma N, Jena S, Saha R, Ingle GK. 2004. Mental health status of runaway adolescents. Indian
Journal of Pediatrics, 2004;71:405-9

65
Special Author Guidelines

The Guidelines on the Use of Adequate Housing Rights, developed by the Special Rapporteur on
the Right to adequate housing, emphasize the State's obligation to eradicate homelessness in the
short term and to stop the crime of homeless people (Guide No. 5).

The guidelines state that homelessness is a deep attack on dignity, social inclusion and the right
to life. They say the provinces should:

• provide access to a safe, secure and dignified emergency shelter, with the necessary support
and without discrimination for any reason, and to take special measures to protect the rights of
children in street situations;

• provide individuals and families with access to adequate housing to avoid having to rely on
long-term emergency accommodation; and

• provide, within their justice system, other mechanisms to deal with minor cases of homeless
people to help them break the cycle of crime, imprisonment and homelessness. The police must
be trained to deal with homeless people in a manner that is respectful and that enhances their
dignity and rights (section 33).

The Special Reporter also issued specific Guidelines to protect the homeless during the COVID-
19 violence.

Basic Principles and Guidelines on development-based dismissals and dismissals (A / HRC /

4/18, Appendix I), emphasizes that:

“Evictions should not lead to homelessness or the risk of human rights abuses. themselves, to
ensure that adequate alternative accommodation, resettlement or access to productive land, as the
case may be, is available and provided. "

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Special Reporter reports

Homelessness: a global human rights crisis (2015)

In her report to the Human Rights Council, session 31, the Special Representative for Human
Rights, Leilani Farha, focused on the close link between homelessness and the enjoyment of
adequate housing, as well as all other human rights, including the right to life and non-
discrimination. The report examines how homelessness is understood and manifested in different
social, cultural, economic and even linguistic contexts. It considers homelessness to be a serious
deprivation of housing and a form of extreme stigma, discrimination and degrading treatment. It
identifies subtle cases of homelessness, especially among women.

The Special Secretary submitted a report to the Human Rights Council in March 2016. See the
report page or receive the report (A / HRC / 31/54) in all 6 UN languages.

Causes and Impact of Homelessness (2005)

The report focuses on homelessness and its causes and effects, including women, children,
youth, indigenous people and people living with a mental illness, from a human rights
perspective. The causes are varied and numerous, including the lack of affordable housing,
speculation, privatization of public services, and unplanned urbanization. Add to this the
devastation and migration caused by conflicts or natural disasters, as well as the “urban
development” that pushes low-income families into vulnerable situations, including
homelessness.22

The right to life and the right to adequate housing: inequality and interdependence
between these rights (2016)

The right to adequate housing is often cut short by having the right to life and basic human
rights, being treated more as a policy wish rather than as a fundamental right that requires timely
responsive responses and access to justice. Violations of the right to life have been dealt with
particularly, in cases where the direct action or intentional act by the State has taken away or

22
Khurana S, Sharma N, Jena S, Saha R, Ingle GK. 2004. Mental health status of runaway adolescents. Indian
Journal of Pediatrics, 2004;71:405-9

67
threatened to rob people of their lives. The failure of governments to address systematic
deprivation of the right to life in poverty, inadequate housing, and homelessness have not
received the same attention.

Statements and press releases

The following is a selection of the latest statements and press releases made by the Special
Rapporteur on the right to adequate housing referring to homelessness.

• 16 June 2021 - “The EU must treat the homeless as rights holders, not criminals” Op-ed in the
EU-Observer

• March 18, 2020 - "Houses, the front line of defense against the COVID-19 outbreak," says a
UN expert

• 5 March 2020 - The global housing crisis is leading to many human rights violations

• 12 August 2019 - LGBT youth housing right: urgent work on SDG agenda

• 4 March 2019 - Countries fail in the millions affected by the housing crisis, says a UN expert

• 20 June 2018 - Hungary: UN expert expresses outrage over crime homelessness crime

• March 3, 2017 - Australia's proposed "Homelessness Prohibition" raises concerns - UN expert

• 26 June 2016 - “Homelessness, human tragedy” - UN expert congratulates media pressure to

spark debate in San Francisco

• 3 March 2016 - Homelessness affects every country and spreads without punishment - New UN
report

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Distribution of Amicus Curiae

On 11 December 2018 the Special Advocate for Sufficient Housing referred Amicus Curiae to
the Hungarian Constitutional Court regarding amendments to section 178 / B of Act II of 2012
by mistake, in respect of persons living in public places as a permanent residence.23 .

Submissions include comments made by the Special Reporter on changes to national law that
could make living in public places a minor offense punishable by community service or
imprisonment.

Letter to Hungary on the crime of homelessness, 20 June 2018

Response to the Government of Hungary, 17 August 2018

Communication - Complaints

The Specialist Right holder may not consider complaints about alleged violations of the right to
adequate housing, including situations in which such violations may occur in the future. Such
complaints are dealt with under the Special Procedure communication process.

Complaints may include individual cases, but also (draft) laws, policies and procedures that may
be inconsistent with the right to adequate housing and the State's obligation to prevent and
eliminate homelessness. The Special Secretary may act on such complaints regardless of whether
the State concerned has signed or ratified a particular international human rights treaty.
Complaints can be sent online or in writing to soushousing@ohchr.org.

Communication sent by Special Reporteur to Nations or other stakeholders and responses

received from them are published within 60 days.

Following the imposition of legal remedies at the national level, individuals may re-submit a
complaint to the treaty body, to monitor a particular international human rights treaty, if the
appropriate State agrees to accept such complaints.

23
Athena Tudorić-Ghemo, 2005. Life on the Street and the Mental Health of Street Children – A Developmental
Perspective, Dissertation, in partial fulfillment of the requirements for the Degree, Magister In Psychology, atthe
University Of Johannesburg, 2005

69
5.3 A Study of Homelessness Statistics in Mumbai

India is famous for its street people in the big cities. In Mumbai alone, about 250,000 people
have roads as their refuge. These street dwellers do not have the luxury of a city so they sleep in
the open. In the past, Mumbai had an estimated 38,000 homeless people. At present, it is
estimated that the number has skyrocketed to hundreds of thousands as mentioned above. The
city is famous for its alarming numbers of housing problems. It is estimated that almost half of
all city dwellers are homeless or illegally housed or in slums. In a 2001 census of the Indian
population, 11.9 million in total, 5.8 million lived on paved roads, slums, or slums. Extensive
research has shown that some of these people do not agree with the definition of poverty
administered by the Indian government. From the above discussion, one may wonder what is the
true meaning of homelessness in Mumbai, India. 24 To address this issue, consider an analysis
conducted during the 2001 census. Homeless people are categorized to indicate their level of
homelessness. The first of these categories included people who did not have any type of shelter
so they slept in open areas in the city. The second involved the construction of plastic slums on
the sidewalks. The third category includes people who have used vacant lots along the railway
line and built decent housing. The fourth and final category was made up of people living in
slums. These were very secure because the slum land was free and the government did not plan
to use it anytime soon. These categories still exist in Mumbai today. From the discussion of the
homeless categories, it is clear that it can be difficult to define what homelessness really is.

Causes of homelessness in Mumbai

24 91
Pinto. JA et al., HIV risk behaviour and medical status of underprivileged youths in Belo Horizonte, Brazil, 15
Journal of Adolescent Health 179-185 (1994)

70
Homelessness is caused by a number of factors. In Mumbai the biggest impact of homelessness
is poverty. India is one of the poorest countries in the world. This means that the majority of the
population lives in extreme poverty and as a result cannot afford to pay for their own housing
needs. This explains the incredible number of homeless people in Mumbai that have been around
for many years. Mumbai is also plagued by overcrowding. This means that, even if the people
there were very poor, there would still be many homeless people because the existing houses
would not be enough for a crowded city. In this city, most of these homeless people once had
stable housing and jobs but the pressures of overcrowding and poverty, as well as other social
and economic factors cause them to lose their jobs and thus become desperate to support their
financial needs with housing. There is also the problem of shortage of affordable housing for the
majority of the population. Most people earn only enough money for food and thus cannot afford
affordable housing. So it is true that not all homeless people are unemployed. Homelessness may
be caused by other factors, such as drug addiction, disease, war, and a lack of stable family
relationships. In the case of Mumbai, the main causes of homelessness are these unhealthy
relationships. To illustrate this, consider the case of a person who is mentally ill. It will be very
difficult for this person to get medicine and pay for the house. A person may not even be able to
meet the demands of a job and may end up losing his job. This will make it impossible for them
to meet the financial needs of the housing. Women may leave their homes to flee from abusive
husbands; children may also leave home to flee from abusive family members. They may avoid
things like physical abuse, sexual harassment etc.25

Homelessness problems

Homelessness is a major problem in Mumbai. While the homeless may not see it as a major
problem because they have become accustomed to it, the Mumbai community is facing many
problems that may be directly related to homelessness. For example, consider the contribution of
the homeless to sanitation problems in many parts of Mumbai. As homeless people live on paved
streets and streets, they will inevitably contribute to city sanitation problems. Another problem is
the contribution of these people to the increase in crime in Mumbai. As these homeless families
live in extreme poverty and may be food insecure, they have contributed greatly to the increase

25 80
Human Rights Watch, Police Abuse And Killings Of Street Children In India,(1996), available at

https://www.hrw.org/reports/1996/India4.htm

71
in crime in the city. Homelessness in Mumbai has had a profound effect on the uncontrolled
Indians. Homeless couples on the streets do not have so many family planning options so they
make for large families. On the other hand, homelessness has negative consequences for the
homeless. These people are not usually protected due to homelessness and thus their status
makes them vulnerable to cruel people. They may be attacked, sometimes sexually assaulted,
raped, and otherwise abused. Homelessness has a profound effect on the lives of your victims.
Children may get sick and die. Some may experience severe psychological problems as a result
of exposure to stress at an early age. Some children may be abused, abused, or even drug
addicted. Homelessness also affects family reunions. Hardship that is a sign of homelessness
may also create tensions between family members. Children can also be separated from their
parents if there are relatives to care for them (“Poverty, Slum and Homelessness” ).

Homelessness solutions

Many effective solutions to reduce homelessness are related to the reduction of structural
problems that contribute to homelessness. Building infrastructure to achieve the above
mentioned goal requires proper planning as well as funding and participation from all
stakeholders. In that way community leaders must come up with a strategy and seek the support
of government and the private sector in solving this problem. In the case of homelessness,
accurate information about homelessness and its effects should be obtained. The homeless must
also take part in this work. In order to successfully solve the problem of homelessness, this type
of project has to deal with a few problems. This includes the establishment of a program on how
homeless people can access affordable housing, the plan should outline how to provide housing
assistance, and should also outline how to deal with homeless and homeless people. have a much
higher risk of homelessness in the foreseeable future. The plan should also outline a strategy to
prevent future homelessness incidents. It should have a comprehensive health plan to address the
current health situation and eliminate future health problems related to homelessness. The
homeless community will play an important role in this type of project. In addition to
participating in this work by contributing to its success where they can, they will be responsible
for shaping their minds and preparing for a complete transformation. Without this kind of
imitation, the efforts of government and private donors may be thwarted. With the use of this
type of strategy, the likelihood of homelessness and its consequences will be reduced. Its

72
implementation in Mumbai will see a dramatic change in the level of homelessness and a
significant reduction in the effects of homelessness on the Mumbai community.

Conclusion

As the above discussion confirms, homelessness and its causes create a very complex issue and
therefore impossible to completely resolve the issue of homelessness. The problems associated
with it are equally difficult to eradicate so we can only try to minimize the impact of
homelessness on society. It is therefore important for governments to ensure that the factors that
lead to homelessness are closely monitored. In a situation where there are large numbers of
homeless people, the government should do all it can to prevent this situation. The complexity of
the issue of homelessness is compounded by the fact that the effort to stave off this situation may
make it worse. For example, consider the possible generosity of homeless people. If the money is
sent to reach the homeless, it may be stolen before it reaches them. Consider the case when
money comes to them. They will likely throw it away and return to their normal way of life.
Even if they are smart enough not to misuse it, their problems will motivate them to set priorities
without considering the future. This is because you cannot plan for the future when you are
hungry. This means that their children will remain illiterate and will eventually return to their
former state or worse. So, as discussed, the best way to help the homeless is to develop a
political strategy that will gradually address the problem.

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 References

• http://www.ihrn.org.in/files/editor/Signposting%20invisibles%20-%20a
%20study%20of%20the%20homeless%20population%20in%20India.pdf
• https://www.thequint.com/voices/blogs/blog-destitution-law-india-begging-
protection-of-vulnerable-modi-govt
• https://www.huduser.gov/Publications/pdf/
Strategies_for_preventing_Homelessness.pdf
• https://borgenproject.org/homelessness-in-india/
• https://www.scconline.com/blog/post/2020/07/01/homelessness-need-of-
wakeup-call-for-a-state-in-slumber/
•  https://www.healthissuesindia.com/2019/10/10/homelessness-an-indian-
crisis/

• https://sciendo.com/article/10.2478/wrlae-2019-0008 
• https://www.scconline.com/blog/post/2020/07/01/homelessness-need-of-
wakeup-call-for-a-state-in-slumber/ 
• https://www.nhb.org.in/Urban_Housing/HousingPolicy2007.pdf 
• https://blog.ipleaders.in/prevention-homelessness-problem-treated-legally/ 
• https://www.hlrn.org.in/documents/
Shelters_Urban_Homeless_Handbook.pdf 
• https://www.ohchr.org/en/issues/housing/pages/
homelessnessandhumanrights.aspx 

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