HC: Homelessness a Global Issue, People Living on Footpaths Human Beings Too, Can't Just Order Their Removal

Homelessness is a global issue but people living on streets are also human beings with the same footing as everyone else, the Bombay High Court said on Friday refusing to pass any order directing removal of such persons in south Mumbai.

A division bench of Justices Gautam Patel and Neela Gokhale was dealing with an application filed in a petition taken up suo motu (on its own) by HC on the issue of unauthorised vendors and hawkers occupying the city’s footpaths and sidewalks.

The application filed by the Bombay Bar Association said several persons live and sleep on the footpaths and sidewalks near the Fountain area in south Mumbai.

The application said letters were also written to the city police and the Brihanmumbai Municipal Corporation (BMC) seeking action. The bench, however, questioned what judicial order could be passed in such cases.

“Are you saying the city must get rid of the poor? These are the persons who come from other cities looking for opportunities here. The issue of homeless persons is a global one,” the court said.

“They (homeless persons) are also human beings. They may be poor or less fortunate but they are still human beings and that makes them to be on the same footing as everybody else before us in court,” Justice Patel said.

The association’s counsel Milind Sathe suggested that night shelters be made available for such persons occupying pavements and sidewalks. The bench said that was one solution the authorities could consider.

In a satirical remark, the court said the BMC’s simplest solution to such challenges would be to start construction at the spot or build a Metro station.

“Start digging and everyone will go away. No one gets to use the footpath then. No pedestrian can walk on it…no car can drive there…no one can live on it. Problem solved. The construction then goes on for years. It is an ideal solution,” Justice Patel quipped.

The court, however, noted that the concern raised in the application was distinct and not tied to the issues of hawkers and vendors in the suo motu petition.

Sathe then said the association would consider filing a separate petition or public interest litigation on the issue of homeless persons.

The court agreed and said if a separate petition or PIL is filed then necessary directions could be passed.

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