'Unjust, insensitive': Retired civil servants condemn Justice Gavai’s remarks on homelessness

By A Representative 

The Constitutional Conduct Group (CCG), a collective of retired civil servants and diplomats, has issued an open letter to Justice B.R. Gavai of the Supreme Court of India, expressing deep concern over his recent remarks on homelessness.

During a hearing on 12 February 2025 regarding the provision of shelter for homeless persons, Justice Gavai reportedly stated, “By not making these people part of mainstream society, are we not creating a class of parasites? Because of freebies, when elections are declared...people are not willing to work. They are getting free rations without doing any work!” The CCG, citing legal reports and accounts from those present in court, condemned this characterization as unjust and insensitive.

The letter, signed by 71 former civil servants, highlights that homelessness is not a result of idleness or an undue demand for “freebies,” but rather a consequence of the state failing to uphold its Constitutional duties. It argues that the Directive Principles of State Policy mandate the state to ensure dignified living conditions, including access to housing, employment, food security, healthcare, and protection from violence.

The group also pointed out the stark contrast in how “freebies” are defined, questioning why corporate tax breaks and loan write-offs are not scrutinized in the same manner as welfare measures for the most vulnerable.

Recalling past Supreme Court judgments, the letter refers to the landmark Right to Food case (PUCL vs. Union of India, 2001), in which Justices Dalveer Bhandari and Dipak Gupta had ruled that protecting homeless individuals from life-threatening conditions was a core state obligation under Article 21 of the Constitution. That ruling led to the creation of over 2,000 shelters nationwide, though the CCG notes that many remain overcrowded and unsanitary.

The letter criticizes recent demolitions of homeless shelters in Delhi ahead of the G20 Summit, calling them a violation of Constitutional duties. It urges the government and judiciary to focus on long-term solutions, such as affordable rental housing, urban employment programs, and universal access to social security.

Concluding with Mahatma Gandhi’s talisman—urging leaders to consider the impact of their actions on the poorest and weakest—the CCG implores the Supreme Court to uphold its moral and Constitutional responsibility toward India’s homeless population.