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ABSTRACT
Homelessness has shattered democracies worldwide. This study uses a doctrinal approach, employing content analysis, especially relational content analysis, to examine the underlying factors and difficulties associated with homelessness among women. The study notably focuses on the issue of police violence directed at this marginalised population and sheds light on the vulnerable position of homeless women, highlighting the crucial responsibility of governments under Parens Patriae to protect their lives and freedoms. The study argues that homelessness is fundamentally inconsistent with the principles of human dignity. The findings highlight the constitutional violations committed against homeless women in India, contravening the principles enshrined in Articles 14, 19, and 21, as well as the directives specified in Articles 39(1), 42, and 47. The findings indicate that the social welfare efforts implemented by the state are in line with the objectives of SDGs. This highlights the importance of adopting more focused approaches to address the issue of homelessness among women. Moreover, the study examines the legal framework of the United Kingdom, taking into account the influence of India’s colonial history, and investigates the current practices of democratic nations and the role of the protagonist played by the Indian Judiciary in addressing homelessness.
Acknowledgement
The authors would like to extend their sincere gratitude to the editors and anonymous reviewers for their valuable comments and insights, which significantly contributed to the enhancement of the paper. This research study is conducted with adherence to principles of transparency, field specialisation, ethical ideals, and diligent effort.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Correction Statement
This article was originally published with errors, which have now been corrected in the online version. Please see Correction 10.1080/13642987.2024.2342096
Notes
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2 PTI, ‘Homeless do not Live, Merely Exist; life Envisaged by Constitution Unknown to them: HC’, The Indian Express, July 5, 2022, https://indianexpress.com/article/india/homeless-do-not-live-merely-exist-life-envisaged-by-constitution-unknown-to-them-hc-8010521/.
3 Chaudhary, ‘Violence and Violations’, 1.
4 Tarun Arora, ‘Sexuality, Law and Constitution Beyond Gender Binary in India: Judicial Approach,’ Indian Journal of Law and Justice 11 (September, 2020): 1–18.
5 Brodie Fraser et al., ‘LGBTIQ+ Homelessness: A Review of the Literature’, International Journal of Environmental Research and Public Health 16, no. 15 (July 26, 2019). doi: 10.3390/ijerph16152677.
6 Suranjan Mazumder et al., ‘Multiscale GIS Based-Model to Assess Urban Social Vulnerability and Associated Risk: Evidence from 146 Urban Centers of Eastern India,’ Sustainable Cities and Society 96 (2023). doi: 10.1016/j.scs.2023.104692.
7 Marybeth Shinn, ‘International Homelessness: Policy, Socio-Cultural, and Individual Perspectives’, Journal of Social Issues 63, no. 3 (2007): 657–77.
8 Ibid.
9 Fraser, ‘LGBTIQ+ Homelessness: A Review of the Literature.’
10 P Somerville, ‘Homelessness and the Meaning of Home: Rooflessness or Rootlessness?’, International Journal of Urban and Regional Research 16, no. 4 (1992): 529–39.
11 Lee et al., ‘The New Homelessness Revisited’, Annual Review of Sociology 36 (2010): 501–21.
12 Subham Roy et al., ‘Darkness Under the City Lights: A Qualitative Study on the Life of Urban Homelessness, Evidence from Siliguri City of West Bengal, India’, Geo Journal 88 (September 2022): 2263–85. doi: 10.1007/s10708-022-10753-x.
13 How is Homelessness Defined, Institute of Global Homelessness, accessed December 03, 2022, https://ighomelessness.org/.
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15 Homelessness and human rights, OHCHR, accessed December 03, 2022, https://www.ohchr.org/en/special-procedures/sr-housing/homelessness-and-human-rights.
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18 Prawesh Lama and Ananya Bhardwaj, ‘Homeless women: Easy Targets’, Hindustan Times, August 17, 2016, https://www.hindustantimes.com/static/roofless-in-delhi-women/.
19 Chaudhary, ‘Violence and Violations’, 4–5.
20 Ibid, 4–5.
21 Housing and Land Rights Network, India, ‘Special Rapporteur on Violence against Women: Submission related to Shelters for Homeless Women’ accessed December 3, 2022, https://www.ohchr.org/sites/default/files/Documents/Issues/Women/SR/Shelters/Housing_and_Land_Rights_Network.pdf.
22 Ned Resnikoff, ‘Why the Homeless Might be Especially Vulnerable to Police Violence’, Aljazeera America, 02 March 2015, accessed October 15, 2023, http://america.aljazeera.com/articles/2015/3/2/why-the-homeless-might-be-especially-vulnerable-to-police-violence.html.
23 Stephanie Pappas, ‘How to Actually Stop Police Brutality, According to Science’, Live Science, 05 June 2020, accessed October 15, 2023, https://www.livescience.com/evidence-police-brutality-reform.html.
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25 Bureau of Justice Assistance, ‘Understanding Community Policing a Framework for Action’, U.S. Department of Justice, August 1994, accessed October 15, 2023, https://www.ojp.gov/pdffiles/commp.pdf.
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27 Peter Finn, ‘Citizen Review of Police: Approaches and Implementation’, National Institute of Justice, March 2001, accessed October 15, 2023, https://www.ojp.gov/pdffiles1/nij/184430.pdf.
28 Sean E. Goodison, ‘The Law Enforcement Response to Homelessness’, RAND Corporation, 2020, accessed October 15, 2023, https://www.rand.org/pubs/research_reports/RRA108-6.html.
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32 B R De Forge et al., ‘Personal Resources and Homelessness in Early Life: Predictors of Depression in Consumers of Homeless Multiservice Centres’, Journal of Loss and Trauma 13, no. 2–3 (February 2008): 222–42. doi: 10.1080/15325020701769105.
33 S Ghosh, ‘Understanding Homelessness in Neoliberal City: A study from Delhi’, Journal of Asian and African Studies 55, no. 2 (September 2019): 285–97. doi: 10.1177/0021909619875775.
34 Roy, ‘Darkness Under the City Lights: A Qualitative Study on the Life of urban Homelessness, Evidence from Siliguri City of West Bengal, India.’
35 Ibid, 5.
36 Roy, ‘Darkness Under the City lights: a Qualitative Study on the Life of Urban Homelessness, Evidence from Siliguri city of West Bengal, India.’
37 UN Economic and Social Council, ‘Study by the Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living’, UN ESCOR, E/CN.4/2005/43 (2005).
38 Chaudhary, ‘Violence and Violations’, 6.
39 Ibid.
40 Roy, ‘Darkness Under the City Lights: A Qualitative Study on the Life of Urban Homelessness, Evidence from Siliguri city of West Bengal, India’.
41 Ibid.
42 Chaudhary, ‘Violence and Violations’, 5.
43 Housing and Land Rights Network, India ‘Special Rapporteur.’
44 Arghadeep Bose et al., ‘Lost in the Cityscape: Exploring Urban Homelessness, its Societal Imprints and Policy Suggestions,’ Societal Impacts 1 (2023): 1–2. doi: https://doi.org/10.1016/j.socimp.2023.100026.
45 Chaudhary, ‘Violence and Violations’, 10.
46 Ibid.
47 Ibid, 11.
48 Universal Declaration of Human Rights, accessed December 05, 2022, https://www.un.org/en/about- us/universal-declaration-of-human-rights.
49 International Covenant on Civil and Political Rights, accessed December 05, 2022, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.
50 International Covenant on Economic, Social and Cultural Rights, accessed December 05, 2022 https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights.
51 Sustainable Development Goals, accessed December 05, 2022, https://sdgs.un.org/goals.
52 India's Commitment to the SDGs, accessed December 05, 2022, https://www.niti.gov.in/pms-statement-un-summit-adoption-post-2015-development-agenda.
53 United Nations, Department of Economic and Social Council. Report on Affordable housing and social protection systems for all to address homelessness, New York, NY: UN Headquarters, 2020.
54 UN, ‘Report on Affordable Housing’.
55 Ibid.
56 Connecticut General Assembly, ‘Finland’s Housing First Policy,’ Connecticut General Assembly. 2023, accessed November 15, 2023, https://www.cga.ct.gov/2023/rpt/pdf/2023-R-0109.pdf.
57 Ibid.
58 Shridevi S. Suvarnakhandi, ‘Social Justice Provision in Indian Constitution’ International Journal of Political Science 6, no.1 (2020).
59 1985 SCC (3) 545.
60 Scheme of Shelter for Urban Homeless (SUH), accessed on December 02, 2022 https://mohua.gov.in/upload/uploadfiles/files/7NULM-SUH-Guidelines.pdf.
61 Ibid.
62 Ibid.
63 Deendayal Antyodaya Yojana, accessed on December 4, 2022. https://aajeevika.gov.in/en/content/welcome-deendayal-antyodaya-yojana-nrlm.
64 Pradhan Mantri Ujjwala Scheme | Price Cut & Its Impact, accessed November 09, 2023, https://vajiramias.com/article/pradhan-mantri-ujjwala-scheme-price-cut-its-impact/64f43ecf6ea810554d33b446/#:~:text=Performance%20of%20Ujjwala%20Scheme%20(Phase,on%201st%20April%202021.).
65 Swadhar Greh Scheme, accessed on December 4, 2022. https://www.india.gov.in/spotlight/swadhar-greh-scheme.
66 Ibid.
67 Shelter Homes Under Swadhar Greh Scheme, accessed November 09, 2023, https://www.pib.gov.in/PressReleasePage.aspx?PRID=1809697.
68 Ujjawala, accessed on December 4, 2022, https://wcd.nic.in/schemes/ujjawala-comprehensive-scheme-prevention-trafficking-and-rescue-rehabilitation-and-re.
69 Achievements Under Ujjawala Scheme, dated 18 July 2019, accessed March 16, 2024. https://pib.gov.in/Pressreleaseshare.aspx?PRID=1579343
70 AIR 1997 SC 568.
71 Apex Court Commissioner’s Office, National Report on The Status of Shelters for Urban Homeless, New Delhi, August 2014.
72 Writ Petition 196/2001.
73 Ibid.
74 WRIT PETITION (CIVIL) No. 55 of 2003.
75 W.P.(C) 4785/2008 & CM APPL. 9216/2008.
76 AIR (2010) 5 SCC 423.
77 (2014) 15 SCC 327.
78 (2019) 2 SCC 636.
79 The Atlas, Finland Housing First Homelessness, accessed November 10, 2023, https://theatlas.com/projects/finland-housing-first-homelessness.
80 The Atlas, ‘Finland Housing First Homelessness,’ accessed November 10, 2023, https://the-atlas.com/projects/finland-housing-first-homelessness.
81 Bose, ‘Lost in the Cityscape: Exploring Urban Homelessness, its Societal Imprints and Policy Suggestions.’
82 City of Toronto. ‘Streets to Homes Street Outreach Support Program,’ accessed November 10, 2023, https://www.toronto.ca/community-people/housing-shelter/homeless-help/streets-to-homes-street-outreach-support-program/.
83 Institute of Medicine (US) Committee on Health Care for Homeless People, ‘Homelessness, Health, and Human Needs,’ accessed November 10, 2023, https://www.ncbi.nlm.nih.gov/books/NBK218235/.
84 Bose, ‘Lost in the Cityscape: Exploring Urban Homelessness, Its Societal Imprints and Policy Suggestions.’
85 Ibid.
86 Ibid.
87 Ibid.
88 Mazumder, ‘Multiscale GIS Based-Model to Assess Urban Social Vulnerability and Associated Risk: Evidence from 146 Urban Centers of Eastern India.’
89 Bose, ‘Lost in the Cityscape: Exploring Urban Homelessness, Its Societal Imprints and Policy Suggestions.’
90 Gopal Chinayya Shetty. ‘Homeless Pavement Dwellers (Welfare) Bill, 2016.' Part 2 (Other than Questions And Answers). Lok Sabha, 16th Lok Sabha, Session VI, February 26, 2016. Private Members Bills.
Additional information
Notes on contributors
Nibedita Bhattacharjee
Nibedita Bhattacharjee is a practising advocate at Guwahati High Court, Assam, India. She has completed her B.A.LL.B. from Assam University, Silchar. She has completed her LL.M. from the Central University of Punjab, Bathinda, India. She is keenly interested in Constitutional Law, the law relating to women, Comparative Law and Environmental Law. She has also contributed to a Chapter in the International Handbook of Disaster Research. LinkedIn Id: https://www.linkedin.com/in/nibedita-bhattacharjee-9913a31bb
Saurav Narayan
Saurav Narayan is a Research Scholar at the Central University of Punjab, Bathinda, India. He is also a legal practitioner practising at the Supreme Court of India and Delhi High Court and has completed his LL.B. from the University of Delhi, India. He has completed his LL.M. from the Central University of Punjab, Bathinda, India. His interests lie in Constitutional Law, Environmental Law, and Human Rights Jurisprudence. Twitter Id: https://mobile.twitter.com/s4srvnarayan