The Supreme Court called for a balance between the infrastructural development of the railways in Haldwani and the fundamental right to shelter for those accused of illegally occupying railway land.
The court further said that its orders cannot also be misinterpreted as promoting encroachment on public land in future.
What is the Right to Shelter and Important Constitutional Provisions Involving it:
The right to shelter in India is recognized as a fundamental right under the broad ambit of the right to life guaranteed by Article 21 of the Indian Constitution.
This right ensures that every citizen has access to adequate housing, which is considered essential for leading a dignified life.
It not only means roof over the head i.e. shelter but also includes adequate privacy, space, security, lighting, ventilation, infrastructure and proximity to workplaces and social facilities.
Forcible removal / eviction of people from shelter without proper rehabilitation and due process violates the right to shelter.
Ethical considerations regarding expulsion / eviction from the shelter:
Violation of human rights:
Every person has the right to safe shelter and eviction without adequate alternative arrangements undermines this right.
Disproportionate effect:
Evictions disproportionately affect marginalized groups, including the poor, the disabled, and the elderly, who may have fewer resources to relocate or rehabilitate / adapt.
The lack of options:
Evictions are sometimes carried out without offering alternative housing solutions or support services, leaving people with no place to resettle / adapt.
Judicial Decisions Relating to the Right of Asylum:
Olga Tellis v. Bombay Municipal Corporation (1985):
Slum dwellers filed a public interest litigation pleading against eviction without alternative accommodation. The court held that eviction is a violation of the right to livelihood, and it is the duty of the state to ensure adequate means of livelihood and not to deprive people of their rights.
State of Maharashtra v. Basanti Bhai Khetan (1986):
The Supreme Court upheld the Land Delimitation Act, holding that it does not violate fundamental rights. However, it is the responsibility of the state to provide rehabilitation and resettlement.
Chameli Singh v. State of Uttar Pradesh (1995):
Justice Ramaswami held that the right to shelter is a fundamental right under Article 21 and the right to residence [Article 19 (1) (e)].
Ahmedabad Municipal Corporation v. Ahmed Singh and Gulab Singh (1996):
Olga Tellis case, the Court allowed the eviction of pavement dwellers on the condition that they would be provided alternative accommodation.
Sudama Singh & Ors vs State of Delhi & Ors (2010):
The petitioners had sought rehabilitation from the slum dwellers. The Delhi High Court ruled that any eviction must include adequate compensation or alternative accommodation.
Government initiatives to provide shelter to people:
Pradhan Mantri Awas Yojana (PMAY) is a credit-linked subsidy scheme of the Government of India to facilitate access to affordable housing for low- and middle-income residents of the country.
National Urban Housing Fund (NUHF):
It provides financial assistance to States and Union Territories for implementation of housing schemes.
National Rural Livelihood Mission:
It aims to reduce poverty by providing access to gainful self-employment as well as skilled labour opportunities to poor households, which will result in improvement of their livelihoods on a sustainable basis.
Deendayal Antyodaya Yojana – National Urban Livelihoods Mission (DAY-NULM):
It aims to provide shelter equipped with essential services to urban homeless people.
Slum Rehabilitation Authority (SRA) Scheme:
Active especially in Maharashtra, the scheme focuses on housing availability and rehabilitation of slum dwellers.
Legislation to support the right to shelter in India:
The Slum Areas (Improvement and Repeal) Act, 1956:
It empowers the government to remove slums that are unsuitable for habitation due to health and safety risks.
In such cases, redevelopment plans are drawn up to replace unsuitable housing with better, more sustainable structures.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006:
It provides for the right to occupy and live in forest land under individual or collective acquisition for habitation or self-cultivation for livelihood.
It also recognises the rights of forest communities to use and manage forest resources.
The Real Estate (Regulation and Development) Act, 2016 (RERA):
regulates the real estate sector to ensure transparency, accountability and timely delivery of housing projects.
It provides protection to homebuyers by mandating registration of projects and availability of grievance redressal mechanism.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
It contains detailed provisions for resettlement and rehabilitation of people affected by land acquisition.
It ensures that the displaced families get assistance for resettlement and rehabilitation of their lives along with housing.
The Model Tenancy Act, 2021:
It aims to establish a speedy adjudication mechanism for dispute resolution, regulate rental of premises and protect the interests of landlords and tenants.
Balance between development projects and the right to shelter:
Alternative housing solutions:
Provide adequate alternative housing options for people displaced by development projects.
Legal safeguards and fair procedures:
To ensure that displacement, if necessary, is carried out in a lawful and just manner with appropriate compensation and assistance.
Community Development and Integration:
Incorporating community development programs into the project to enhance local infrastructure, services, and economic opportunities.
The long-term plan:
Develop long-term strategies for urban planning and housing that integrate development goals with the need for affordable and accessible housing.
Conclusion:
The Supreme Court has emphasized its fundamental nature by linking the right to shelter with the right to life, while recognizing it as a human right by the United Nations.
The State is obliged to work towards providing affordable housing, this does not mean that it should build all housing or stop all displacement.
The right to shelter expresses the need for clear information and realistic expectations separate from the right to land. By recognizing its essence, individuals can uphold their rights and seek judicial redress when needed.
