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27-July-2024-Special-Article

July 29, 2024 @ 7:00 am - 11:30 pm

RIGHT TO SHELTER

The Supreme Court of India recently addressed the need to balance the development of railway infrastructure in Haldwani with the fundamental right to shelter for individuals accused of illegally occupying railway land.

The court emphasized that its decisions should not be interpreted as encouragement for future encroachments on public land.

Right to Shelter: Constitutional Provisions

  • Fundamental Right: The Right to Shelter in India is part of the broader Right to Life guaranteed under Article 21 of the Indian Constitution. It ensures that every citizen has access to adequate housing necessary for living with dignity.
  • Components: This right encompasses not just having a roof over one’s head but also includes aspects like privacy, space, security, proper lighting, ventilation, and proximity to essential services.
  • Implications: Forced evictions without proper rehabilitation and due process violate this right.

Ethical Considerations Regarding Evictions

  • Human Rights Violations: Evictions without providing adequate alternative arrangements infringe on the right to a secure home.
  • Impact on Marginalized Groups: Evictions disproportionately affect marginalized communities, including the poor, disabled, and elderly, who may struggle more to relocate or adapt.
  • Lack of Alternatives: Often, evictions are carried out without offering alternative housing or support services, leaving individuals without a viable place to live.

Key Judicial Verdicts on the Right to Shelter

Olga Tellis v. Bombay Municipal Corporation (1985)

  • Issue: Slum dwellers contested eviction without alternate accommodation.
  • Verdict: The court ruled that eviction breached the right to livelihood and emphasized the State’s duty to provide adequate means of livelihood and avoid depriving individuals of their rights.

State of Maharashtra v. Basantibhai Khetan (1986)

  • Issue: Land ceiling laws and their impact on fundamental rights.
  • Verdict: The court upheld the land ceiling laws but stressed that the State must provide rehabilitation and resettlement.

Chameli Singh v. State of UP (1995)

  • Issue: Recognition of the right to shelter.
  • Verdict: The court recognized the right to shelter under Article 21 and the right to residence under Article 19(1)(e).

Ahmedabad Municipal Corporation v. Ahmed Singh and Gulab Singh (1996)

  • Issue: Eviction of pavement dwellers.
  • Verdict: The court allowed eviction but mandated that alternate accommodation must be provided.

Sudama Singh and others v. State of Delhi and others (2010)

  • Issue: Relocation from slum clusters.
  • Verdict: The Delhi High Court ruled that evictions must include adequate compensation or alternative housing.

Government Initiatives for Providing Shelter

Pradhan Mantri Awas Yojana (PMAY)

  • Purpose: Provides a credit-linked subsidy to facilitate affordable housing for low and moderate-income groups.

National Urban Housing Fund (NUHF)

  • Purpose: Offers financial assistance to states and Union Territories for implementing housing schemes.

National Rural Livelihood Mission

  • Purpose: Aims to reduce poverty by enabling poor households to access self-employment and skilled wage opportunities.

Deen Dayal Antyodaya Yojana-National Urban Livelihoods Mission (DAY-NULM)

  • Purpose: Provides shelter with essential services to the urban homeless.

Slum Rehabilitation Authority (SRA) Scheme

  • Purpose: Focuses on rehabilitating slum dwellers by providing housing, especially active in Maharashtra.

Relevant Laws Supporting the Right to Shelter

Slum Areas (Improvement and Clearance) Act, 1956

  • Purpose: Authorizes the clearing of unsafe slum areas and redevelopment of housing.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

  • Purpose: Recognizes the right to live in forest land for habitation and self-cultivation.

Real Estate (Regulation and Development) Act, 2016 (RERA)

  • Purpose: Regulates the real estate sector to ensure transparency and accountability, protecting homebuyers.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

  • Purpose: Provides provisions for resettlement and rehabilitation of those affected by land acquisition.

Model Tenancy Act, 2021

  • Purpose: Regulates renting premises, establishes a dispute resolution mechanism, and protects landlord and tenant interests.

Balancing Development and Right to Shelter

  • Alternative Housing Solutions: Ensure that adequate housing options are provided for those displaced by development projects.
  • Legal Protections and Fair Procedures: Conduct evictions lawfully with appropriate compensation and support.
  • Community Development: Incorporate community development programs to enhance infrastructure, services, and economic opportunities.
  • Long-Term Planning: Develop strategies that integrate development goals with the need for affordable housing.

Conclusion

The Supreme Court’s emphasis on balancing development with the Right to Shelter underscores its fundamental nature. While the State is responsible for providing affordable housing, this does not imply constructing all housing or preventing all displacement. The Right to Shelter highlights the importance of understanding and addressing both development needs and housing rights, allowing individuals to advocate effectively for their rights and seek judicial redress when necessary.

Mains Question:

  1. Discuss the Supreme Court’s approach to balancing railway infrastructure development with the Right to Shelter in Haldwani and evaluate the ethical and legal implications of forced evictions. (150 WORDS)

Details

Date:
July 29, 2024
Time:
7:00 am - 11:30 pm
Event Category:
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