‘Homelessness a violation of human rights… repealing draconian laws, empathy can address crisis’

There has been a positive shift in the approach of the state towards the homeless and it is being recognised as a subject that requires state’s commitment and investment. There are attempts being made. However, there is still a wide gap in what is required and how much is being attempted. Worst, there are multiple challenges and barriers seen in state’s commitment getting converted into execution. Any service or programme that is being provided must be seen as a step towards fulfillment of state’s commitment for human rights. While this approach is visible in apex court taking up the issue of homelessness and many states bringing in programmes to support the homeless. However, it is yet to seep in through the governance system. Sadly, it continues to be understood as ‘welfare issue’ by most of the implementing agencies. This mindset serves as the biggest hurdle. While much is done, there is lots that still needs to be done.

If a person with mental health issues is abandoned and lives the life of a homeless, it is as much about the state of public health system as it is about that family’s capability to look after the person.

If a migrant worker finds his wages insufficient to organise a decent stay for himself, it is about the urban infrastructure and it’s adequacy.

If a woman is compelled to live on streets, in spite of all the abuse and threats that she encounters there, it is about state’s preparedness to address and protect them.

If there is a child losing her childhood on the streets, it is a question on efficiency of our child protection system.

Any situation of vulnerability that debars or prohibits me from exercising and enjoying my rights as a citizen, is certainly a violation of rights. State of homelessness, therefore, is definitely a violation of human rights.

Census 2011 data puts the number of homeless in Mumbai at 58,000. Is this a correct number?

No, not at all. Even with most conservative estimates, numbers go much higher. Mumbai is amongst the cities with highest homeless population. The Census data has been contested and challenged by the field practitioners and activists because of the methodology which excluded large clusters of the homeless.

If one was to look at the homeless population beyond census numbers, there is ‘invisibilisation’ of certains groups within the homeless; these groups are identified more as the vocations that they are engaged with and not necessarily seen as homeless.

For example, for most of us, the people delivering newspapers, selling fruits or vegetables, driving rickshaw, delivering our milk packets, working as security guards in buildings, small roadside vendors, the delivery persons etc are identified with the vocations that they are part of. We rarely ‘see’ them as homeless though all or many of them could be homeless. They are the most visible yet the most invisible population of our cities.

Has the government done enough in addressing issues or homelessness in cities like Mumbai?

There have been efforts in recent years to address the issues of homelessness; however, those are far from adequate. There is a lot more that is required. The political will needs to combine with the administrative preparedness if any real solutions are to be achieved.

The Supreme Court of India has passed directions for the states to establish shelters for the urban homeless in a certain proportion to city’s total population. However, Mumbai has only a handful of facilities created so far which is far lower than the total requirement.

Apart from creating these facilities and support services, government also needs to check the factors that add to the homelessness. The laws like Bombay Prevention of Begging Act, 1959 (BPBA 1959) is one such factor. Under this law, the homeless and destitute are routinely picked up, prosecuted and punished with detention. In the process they lose their jobs, get stigmatised and labelled (affecting not only existing employment but also possibilities of finding new job) and suffer monetory losses due to legal proceedings. This forces them into a cycle of manipulation and vulnerability.

The act of beggary has been decriminalised in states like Delhi through the orders of Delhi High Court, in Maharashtra it continues to be an offence. One may think that these laws are addressing beggary and not connected with homeless people. That is far from reality. It is the working homeless people and abandoned elderly and mentally ill people who are the worst victims of these laws. This law adds to homelessness and also punishes people for their helplessness.

It is no secret that finding stability is a massive challenge for a homeless person. With the punitive action under the beggary law, whatever little stability is achieved is also destroyed. The state government must repeal the draconian beggary law and provide a real opportunity for people to grow out if vicious cycle of homelessness.

The Ministry of Social Justice & Empowerment has initiated a very progressive ‘SMILE’ scheme that provides for comprehensive rehabilitation of persons engaged in the act of begging. It is time states understand the futility of legislations like BPBA 1959 and make adopt a more humane and enabling programs like SMILE scheme.

How can civil society do its bit in addressing the issue of homelessness?

It is indeed a collective responsibility of all of us. While it is true that government has the final accountability as it is the guardian of all its citizens, as citizens we too have a responsibility on us. As an individual, I might not be able to establish a system to address homelessness, but I can definitely ensure that there is nobody suffering with hunger around me. It is the society’s indifference that adds equally to the problem of homelessness.

Empathy and compassion can enable us to respond to this crisis ‘collectively’. We need to acknowledge the existence of the issue, the sufferings people go through and the responsibility we must take to support them. An alert, caring and compassionate society would always have more accountable and responsive governance and systems.