A Public Interest Litigation(PIL) was filed by Brijesh Aarya, who sought directions from the court to ensure that Brihanmumbai Municipal Corporation (BMC) provides nutritious meals thrice a day, potable water, shelter and clean public toilets for all homeless persons, beggars and poor people in the city.
The BMC informed the court that food packets were being distributed to such people all over Mumbai with the help of NGOs, and sanitary napkins were being provided to the women from this section of the society.
The court accepted this submission made by BMC and stated that no further direction is required to augment the distribution.
A Division Bench consisting of Chief Justice Dipankar Datta and Justice G.S. Kulkarni dismissed this petition on the following grounds:
- The petition lacks details of who the homeless persons mentioned in the petition.
- Granting all the prayers sought in the petition would be like an “invitation to people not to work”
The Bench further stated that homeless persons should also work for the country, as everyone is working. Everything cannot be provided by the State. And such petitions would only increase the population of persons who are not willing to work.
Though the petition was dismissed the court promised that directions would be given to the State Government to ensure that public toilets are free of cost, so that homeless person can easily access it.