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Judicial directions sought for establishing winter shelters in J & K and Uttarakhand

Dr Syed Zafar Mahmood,

The Supreme Court on October 31 directed the governments of five northern states (UP, Delhi, Haryana, Rajasthan and Himachal Pradesh) to build sufficient number of shelter homes for homeless people ahead of the winter season.

Sending a stern warning to the state governments, a bench headed by Chief Justice H L Dattu said the states will have to face consequences if they fail to put shelter homes before the onset of winter. “We will be very harsh to you if the shelter homes are not ready,” the bench said. I join the nation in saluting the Supreme Court for its compassion and benevolence.



Kashmir flood (file photo)

The bench was hearing a PIL seeking direction to governments to build shelter homes as many homeless people die due to cold in winter. The apex court said the threat to life is particularly imminent in the severe and biting cold winter, especially in the northern India.

We are aware that coldest places in north India are from Kashmir valley and the second coldest from Uttarakhand. As on today (November 1) the normal temperature in Srinagar is hovering around 16 degree Celsius – lower than any other state capital of north India. During December-January, as per the international weather data portal AccuWeather.Com, the average temperature in the valley goes down to 8 to 3 degrees Celsius. As against that, the average temperature in Mussoorie &Shimla now is 19 degrees Celsius while during December-January it goes down to 15-10 degrees Celsius.

Thus during the winter season the weather conditions in Uttarakhand remain broadly like those in Himachal Pradesh and together, after the Kashmir valley, these two states remain second coldest. On the other hand, during winter season, temperatures in Delhi, UP, Rajasthan and Haryana remain higher than Kashmir valley by 15+ degrees Celsius and then Himachal Pradesh & Uttarakhand by 7+ degrees Celsius.

Also, there have been recent floods in J&K which had flooded – and it will be frozen – even the basic necessities of life such as homes, beds, mattresses, blankets, quilts and hearth etc.

Moreover, the attention and resources of the J & K and central governments have now been diverted to preparing for the polls that should have been postponed till after the winter season is over.

In view of the absolute paucity of time caused by the imminent onset of the fast approaching cold weather on the hills, we would respectfully urge the Hon’ble Supreme Court to kindly treat this write up as PIL and (a) include the states of J&K and Uttarakhand in the list of states to whom directions have been issued by the Supreme Court to establish winter shelters for the needy. (b) Direct the central and J&K Governments to ensure not only shelter but also warm beddings, warm clothes (pharons) and other basic necessities of life to the tens of thousands of people of Kashmir who got deprived of these amenities due to recent floods. (c) Direct the authorities that the hundreds of government houses that remain vacant in the valley during the winters when the state government Darbar shifts to Jammu should be allotted to those people of the valley who otherwise cannot be readily provided with warm shelters and (d) in order to facilitate the implementation of these humanitarian instructions, direct the Election Commission to postpone the J & K state elections till April 2015; Delhi’s is a case in view where elections are being postponed for several months in row, though not because of any natural disaster.

(Author is president, Zakat Foundation of India ZakatIndia.org)