Issue of Homelessness Is a Global Problem: Bombay High Court On Poor People Outside HC

A division bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale today observed that the issue of homelessness is a global problem and it exists in New York, Washington, and Paris too.

The high court was today hearing an intervention application filed by the Bombay Bar Association in the Suo Moto Petition registered by the high court concerning illegal commercial hawkers on the footpaths of Mumbai.

Senior Advocate Milind Sathe for the Bombay Bar Association sought direction from the court against the homeless occupying footpaths right outside the Bombay High Court near the Flora Fountain.

However, Justice Patel said that the said issue was different from what the court was dealing with and asked Advocate Milind Sathe to file a separate writ petition or PIL. Advocate Sathe said that someone needs to take action to which the court said,

“Are you telling us now that the city must get rid of poor people? The problem of homelessness is a global problem. It exists in New York, Washington, and Paris. At least don’t have that kind of weather here.”

Justice Patel said that homelessness may not be an issue for the association but it is for the high court.

“It may not be your concern, it is our concern. They are human beings Mr. Sathe. They may be less fortunate but they are human beings and that gives them the same standing in our court as it does to the Bar Association," he said.

Justice Patel said in a lighter vein that the issue raised by the Bombay Bar Association can be solved if the BMC starts construction and no one gets to use the space.

“BMC’s policy to avoid encroachment is to start construction and build a metro station. Construction goes on for years, no one can use it, the problem is solved,”  court said, 

The division bench then asked the Bombay Bar Association to file a fresh plea of Public Interest Litigation and obtain necessary directions from the Acting Chief Justice.

“There is an intervention application in this suo motu writ petition. This seems to complain about the persons using footpaths and sidewalks essentially around the fountain area. Specifically, there is no complaint yet about construction but these persons from the photographs appear to be poor people using the footpath as a place to sleep. There are many dimensions to the issue presented. We are not suggesting the issues in the IA are trivial. In no city in the world, there are no problems of the homeless but each city is to deal with the problems in the manner best suited to deal with them. All we can do is permit the applicants to file a separate writ or PIL,” Court held.