HC orders emergency shelter for patients sleeping outside hospitals

The Delhi High Court on Wednesday issued urgent directions to the Delhi Government and its agencies, holding that they cannot evade their constitutional and statutory responsibility to provide shelter to patients, attendants and family members who are forced to sleep outside city hospitals in the biting cold.

Taking a serious note of the ground reality, the court said the state cannot abandon those who come to Delhi hospitals under compulsion in search of medical care.

A Division Bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia passed short-term emergency directions after recently taking suo motu cognisance of the situation. The court made it clear that providing shelter to such persons is not a matter of charity but a bounden duty of the state and its instrumentalities.

The Bench observed that even if those seeking shelter are homeless, the government and its agencies are obligated to ensure that they are not left to fend for themselves in harsh weather conditions. The court said hospitals, development authorities and municipal bodies cannot shirk responsibility by citing lack of funds or resources.

“The state and its agencies such as hospitals, development authorities and municipal authorities cannot shy away from their duty to provide adequate shelter to those visiting hospitals not by choice but under compelling circumstances in search of medical treatment,” the court said. It said that no refuge can be taken behind financial constraints to deny such basic facilities.

The court also acknowledged the steps taken by Additional Solicitor General Chetan Sharma and the Union Government’s standing counsel Ashish Dixit, who visited the affected sites, filed a detailed note and offered practical suggestions to address the crisis. However, the Bench underlined that immediate action on the ground was now essential.

As part of its short-term directions, the court ordered that subways around major hospitals be taken over by the Delhi Urban Shelter Improvement Board (DUSIB) by Wednesday evening itself to create temporary shelter facilities. The aim, the court said, was to provide as many beds as possible along with basic amenities for those sleeping in the open.

The DUSIB has also been directed to immediately identify vacant spaces near hospitals and erect tents or pandals to provide instant shelter. The court warned that all land-owning agencies, hospitals, municipal corporations, Delhi Development Authority and other concerned bodies must extend full cooperation to DUSIB officials.

The Bench said any failure to comply would be viewed seriously, and erring officials could be held personally accountable. It clarified that the directions would apply with full force to the Delhi Police and the Delhi Metro Rail Corporation as well.

To ensure coordinated action, the court directed that a high-level meeting be convened on Thursday under the chairmanship of the Principal District Judge of South district. The meeting is to be attended by senior-most officers or chief executive-level representatives of the NDMC, MCD, DMRC, AIIMS, DUSIB, Safdarjung Hospital, RML Hospital, Lady Hardinge Medical College and Hospital, Delhi Police and the Land and Development Office.

The court said the short-term plan finalised in the meeting must be implemented from the very next day.

On long-term measures, the court asked the petitioner’s counsel to place comprehensive suggestions on record, including existing statutory and non-statutory mechanisms. It also invited the authorities to submit their own proposals to evolve a sustainable strategy to prevent such situations in the future.

The matter will be taken up again on Friday, with the court indicating that continued inaction will not be tolerated.