Shelters Urban Homeless Handbook
Shelters Urban Homeless Handbook
Shelters Urban Homeless Handbook
Urban Homeless
A Handbook for Administrators and Policymakers
Even while sustaining cities with their cheap labour, urban homeless
persons live desperately hard lives with no shelter or social protection.
The courage, fortitude and sheer enterprise that allows the homeless to
survive on the streets is not recognized or channelized. In placing
homeless persons outside the society of 'legitimate urban residents', we
are in effect disenfranchising a large, vulnerable population. Both at the
level of social attitudes and at the level of development policy, changes
are urgently needed.
Cover photograph: Ram Pal Gupta with his youngest daughter and his
wife. Gupta is a balloon seller who lives beneath a bridge next to railway
tracks in Okhla, Delhi. When this photograph was taken in 2011, Gupta
had lived here for seven years.
(Photograph Courtesy Stuart Freedman/ActionAid)
295
Shelters for the
Urban Homeless
Shelters for the
Urban Homeless
A Handbook for Administrators and Policymakers
ISBN: 978-81-926907-1-1
Registered Office
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www.booksforchange.info
1
Census of India, 1991: 64
2
Homelessness by Asha Habitat http://www.ashahabitat.com/knowledgebase/pdf/
slums3.pdf
vi Shelters For The Urban Homeless
3
India: Urban Poverty Report 2009 at http://data.undp.org.in/poverty_reduction/
Factsheet_IUPR_09a.pdfhttp://www.undp.org.in/index.php?option=com_content&task
=view&id=239&Itemid=322
4
Living Rough, Centre for Equity Studies, 2009
Preface vii
5
Speak, S. and Tipple, G. (2006) ‘Perceptions, Persecution and Pity: The Limitations
of Interventions for Homelessness in Developing Countries’, International Journal of
Urban and Regional Research, Volume 30.1 March 2006, 172–88
viii Shelters For The Urban Homeless
6
NC Saxena and Harsh Mander
Preface ix
7
People Without a Nation – The Destitute People, a study done by Ashray Adhikar
Abhiyan and ActionAid India, 2004
xii Shelters For The Urban Homeless
8
Dr. N. C. Saxena and Harsh Mander were appointed as the Commissioner and
Special Commissioner to the Supreme Court. Sandeep Chachra was appointed as the
National Advisor, Urban Homeless by the Commissioners of the Supreme Court. The
Commissioners were in charge of monitoring the food and employment related schemes
in the county. The Commissioners brought to the notice of the Supreme Court in January
xvi Shelters For The Urban Homeless
2010 that recurrent deaths were occurring in Delhi not because people are starving but
also because they are homeless. This led to the inclusion of the issue of Homeless
shelters as a part of the already ongoing Right to Food case (Writ Petition 196 of 2001).
Preface xvii
Sandeep Chachra
National Advisor
to the Commissioners of the Supreme Court
in WR196/2001
Harsh Mander
Special Commissioner of the Supreme Court
in WR 196/2001
Delhi
June 2014
Acknowledgements
Preface v
Acknowledgements
Annexure 65
Chapter 1
Homelessness in Indian
Cities
Introduction
1
Mander, Harsh (2003) ‘Surviving the Streets’, Frontline 20 (10)
2
Zaidi, Annie. (2005) ‘Homeless in Delhi’, Frontline 22(01).
3
Letter dated 13th January 2010 from the Commissioners to the Supreme Court stating
the conditions of homeless in Delhi.
2 Shelters For The Urban Homeless
4
These choices are probably linked to preferred occupational choices and
considerations of safety. Mander, Harsh (2007), Living Rough - Surviving City Streets,
Report of the Homeless Study done in Delhi, Chennai, Patna and Madurai, Centre for
Equity Studies
5
Ibid
Homelessness in Indian Cities 3
Living Rough
6
Ibid
7
Study Reports on Homeless of ActionAid India. These include The Capital’s
Homeless (2001), Basare Ki Kahani — Story of a Shelter (2002), Towards Reclaiming
Our Humanness (2003), Art of Partnership: Networking for the Rights of Homeless
(2004) and People Without a Nation (2005)
Homelessness in Indian Cities 5
8
Murlidhar. S. (1991). ‘Adequate Housing: From a Basic Need to a Fundamental
Right’ (Dissertation submitted in partial fulfillment of the degree of Master of Law,
University of Nagpur)
6 Shelters For The Urban Homeless
9
Living Rough, Centre for Equity Studies, 2009
Homelessness in Indian Cities 7
10
Ibid
Chapter 2
Institutional Arrangements
for Shelters and Allied
Services
Based on the Fundamental Right to Life under Article 21 of
the Constitution, the recent interventions of Supreme Court
of India provide a legal framework for new policy architect
ure for the urban homeless people of India.
The Commissioners of the Supreme Court, in the writ
petition 196/2001, brought the appalling conditions of people
living on the streets in Delhi to the notice of the Supreme
Court in their letter dated 13 January 2010. In this letter,
they indicated a denial to the homeless people, of their right
to food and shelter, especially in the context of extreme cold
weather, which constituted a threat to their fundamental
right to life. The Supreme Court Justices, Dalbir Bhandari
and K.S. Radhakrishnan took urgent notice of this matter
and directed the Government of Delhi to immediately provide
shelter to all those who were deprived of them. At the same
time, the Delhi High Court also took up the issue suo moto.
The MCD was directed to draw up a plan to construct 140 per-
manent shelters for the homeless across Delhi. Further, the
Court directed that these shelters must provide basic ameni-
ties such as blankets, water and mobile toilets.
Government agencies joined hands and more than
doubled the number of shelters in Delhi in the span of two
days. The Supreme Court further directed that the shelters
be provided basic amenities. This major intervention by
the Supreme Court and its implementation by Government
10 Shelters For The Urban Homeless
1
Handbook for Emergencies 3e, UNHCR, 2007, p64
Institutional Arrangements for Shelters and Allied Services 13
the District Collector may be given the lead for ensuring the
convergence of all relevant departments.
The terms of reference of the CLEC/EC with reference
to the programme/scheme of shelters for urban homeless are
as follows:
1. Overseeing the planning, coordination and implemen-
tation of the programme for homeless shelters and al-
lied services for the urban homeless
2. Approving the locations and buildings in which the
shelters will be constructed, the numbers and kind of
shelters, and the building and refurbishment of build-
ings for the homeless shelters
3. Leading on convergence of government services and
city efforts for the cause of urban homeless
4. Identifying the agencies for operating the shelters
7. Building the capacities of shelter operators and ensur-
ing regular financial support for running the shelters
8. Establishing effective transparency and grievance re-
dress systems
10. Monitoring and evaluating, including effective MIS
systems, and periodic financial, social and quality
audits
12. Ensuring individual entitlements to homeless resi-
dents of shelters and other homeless persons, in-
cluding affordable housing and separate shelters for
working men and working women.
Chapter 3
a. Planning Phase
The City Level Empowered Committee (CLEC) should lead
the process of rapid mapping. The CLEC may be constituted
by a dedicated group, coordinated possibly by a senior official
with interest and aptitude, local schools of social work, lead-
ing NGOs with direct experience of working with homeless
people, the Nehru Yuvak Kendra, or any other institutions
or persons identified by the CLEC.
The city may be divided into smaller, more compact
regions, in line within the administrative set-up of the city,
to facilitate coordination with the government at later stag-
es. Survey teams should be constituted for each segment.
There may be five teams in a smaller city to fifteen teams or
more in a metropolis. Each teams may comprise of around
four persons for the field survey. These persons should be
a combination of state and local government officials, NGO
24 Shelters For The Urban Homeless
c. Resource Mapping
The next step is to conduct a resource mapping exercise. This
process needs around one or two weeks to complete. The re-
sources that this phase of the survey seeks to identify are a)
existing shelters; b) unutilised or underutilised government
buildings that can be possibly redeployed as shelters after
suitable refurbishing; and c) vacant lands that are suitable
potential sites for new shelter buildings.
Based on results from the field survey of the mapping
process, the local government and municipal officials should
be contacted and requested to collaborate with the team.
They should be asked to visit the proposed buildings and lo-
cations found suitable by homeless respondents as shelter
sites. Typically, executive engineers or other officials desig-
nated by the municipal commissioner/officer will accompany
the survey teams to qualify the available land/buildings at
each of the identified locations, as feasible or not feasible,
based on government considerations. If such buildings are
not available, the teams would need to jointly identify ap-
propriate sites on which the permanent shelters can be built.
Preference should be given to shelters with good ventilation,
open spaces and a healthy environment. The shelter building
designs should be low cost and environmentally appropriate,
including (where considered appropriate) the use of prefabri-
cated structures.
28 Shelters For The Urban Homeless
Numbers of Shelters:
Locations of Shelters
1
These recommendations are based on suggestions by RK Safaya, Chief Town
Planner, HUDCO
Planning for Shelters in the City II 37
Staffing of Shelters
is expected that this agency will have the requisite skills and
capability to run the shelters.
This exercise should be the responsibility of the CLEC.
The CLEC should identify necessary resources for developing
capacities of line departments and civil society organisations for
running, managing and implementing shelter services. Apart
from the shelter staff, capacity development and training pro-
grammes should be planned for the following groups separately
or in batches, depending upon the size of groups involved, with
plans for interface meetings among them.
• Government representatives: Concerned state govern-
ment representatives must be oriented and sensitised
to the need for shelters for the homeless, the needs of
various homeless groups, implementation and moni-
toring strategy, budgetary aspects and grievance re-
dressal mechanisms.
• Urban local body representatives: ULB representa-
tives must be oriented and sensitised to the require-
ments of various homeless groups, their need for shel-
ters, the implementation and monitoring strategy,
as well as budgetary aspects and grievance redress
mechanisms. In addition, they must be familiarised
with homeless and shelter identification processes in
detail, reporting systems (quality audits And MIS),
detailed shelter operational plans including imple-
mentation protocols, how to facilitate linkage of home-
less persons with government schemes etc.
• Shelter implementation agencies: Shelter implement-
ation agencies or youth groups also require to have
similar skill sets as ULB representatives.
• Public health officials, trained health workers associa-
ted with the shelters: Public health officials oversee-
ing the running of hospitals and health centres, as
well as health workers assigned duty at the homeless
shelters must be oriented with respect to their role in
this service.
50 Shelters For The Urban Homeless
User Costs
Transparency Systems
1. At each shelter, there will be a board that will display
the rights and responsibilities of the residents.
2. Information on all funds for the shelter should be pre-
sented transparently and displayed prominently.
3. Each shelter shall have a three monthly quality audit
by a designated third-party agency, preferably a col-
lege. The outcomes and action on the quality audit
shall be shared with the concerned line department
and ULB.
4. At the city level, all funds, details of shelters, MIS
etc., should be placed in the public domain.
5. Help lines and rescue services should be created at
the state level and widely publicised at railway sta-
tions, bus depots, religious places, schools and colleg-
es. Nodal officers of each department must be named
and contact phone numbers should be made available
in the public domain.
Complementary Services,
Entitlements and Housing
Continuum
Due to their perceived illegal existence, many of the rights
that they are entitled to, still elude the homeless. Hence,
shelters should be spaces for convergence and provision of
various entitlements of social security, food, education and
healthcare schemes of the government for the urban home-
less. This convergence and provision of entitlements should
be available not only to homeless persons who are residents
of the shelters, but also to those who sleep outside the shel-
ters but are in their vicinity.
4. Electoral cards
5. Bank or post office accounts
6. ICDS services
7. Admission to government schools
8. Rashthriya Swasthya Bima Yojana
9. Admission to all public hospitals with free medicines
and treatment
10. Admission against free beds in all private hospitals
with free medicines and treatment
11. Linkage to Rajiv Awas Yojana (RAY)
12. Free legal aid
At the level of the programme for the homeless, it
should be the endeavour of all concerned, spearheaded by the
CLEC, to link and extend the benefits of social security and
other entitlements to all homeless persons residing in the
shelters and outside them. In particular, the CLEC and EC,
led by the Municipal Commissioner or District Magistrate
respectively, should facilitate the following linkages:
Entitlements to Identity: All homeless people will be eligi-
ble for BPL (Antyodya Anna Yojana - AAY or Priority) with
no other qualifying criteria. The absence of a permanent
address should not disqualify homeless persons for Ration
Cards, Election Identity Cards, and other citizen entitle-
ments. For these entitlements, the residential address could
include the place where they reside, i.e. the pavement, park
or the lamp post, indicating the address of the building, place
of worship or shop that is located closest to it, or the address
of the nearest PDS shop. Responsibility for making these en-
titlements possible must lie with concerned officials of these
departments as these are rights of all citizens enshrined in
the Constitution.
Financial Inclusion: Every homeless person should be as-
sisted in opening a savings bank account, or an account in a
post office close to her or his place of residence/shelter. The
concerned bank and post office staff should not only be sen-
sitized about homeless people and their issues, they should
Complementary Services, Entitlements and Housing Continuum 61