Right to Shelter as Fundamental Right - Social Issues | UPSC Learning

Back
Right to Shelter as Fundamental Right

Right to Shelter as Fundamental Right

Medium⏱️ 7 min read95% Verified
social issues

📖 Introduction

<h4>Introduction to the Right to Shelter</h4><p>The <strong>Right to Shelter</strong> is not explicitly mentioned as a fundamental right in the Indian Constitution. However, the <strong>Supreme Court of India</strong> has, through various landmark judgments, interpreted it as an integral part of the <strong>Right to Life</strong> guaranteed under <strong>Article 21</strong>.</p><p>This interpretation reflects a progressive understanding of fundamental rights, extending beyond mere physical existence to encompass a dignified quality of life.</p><div class='key-point-box'><p>The <strong>Right to Life (Article 21)</strong> is broadly interpreted to include the right to live with human dignity, which necessitates basic amenities like shelter, food, and clothing.</p></div><h4>The Haldwani Encroachment Case</h4><p>Recently, the <strong>Supreme Court</strong> addressed a significant case involving the removal of alleged encroachers from <strong>railway land</strong> in <strong>Haldwani, Uttarakhand</strong>. The case highlighted a crucial conflict between infrastructure development and the fundamental rights of citizens.</p><p>The Court emphasized the need to strike a delicate <strong>balance</strong> between the state's interest in developing essential railway infrastructure and the fundamental right to shelter for the affected individuals.</p><div class='info-box'><p>The <strong>Haldwani case</strong> involved thousands of residents facing eviction from land claimed by <strong>Indian Railways</strong>, raising concerns about displacement and rehabilitation.</p></div><h4>Judicial Pronouncement and Future Implications</h4><p>While upholding the importance of the right to shelter, the <strong>Supreme Court</strong> also issued a clear caveat. It stated that its orders should not be misinterpreted as an encouragement for <strong>future encroachments</strong> on public land.</p><p>This aspect underscores the judiciary's commitment to maintaining the rule of law and preventing illegal occupation, even while protecting fundamental rights.</p><div class='exam-tip-box'><p>For <strong>UPSC Mains GS-II</strong>, understanding this balance is crucial. Questions may involve judicial activism, fundamental rights, and the role of the state in providing social welfare versus protecting public property.</p></div>
Concept Diagram

💡 Key Takeaways

  • Right to Shelter is an implied fundamental right under Article 21 (Right to Life) of the Indian Constitution.
  • It has been established through landmark Supreme Court judgments, notably Olga Tellis (1985) and U.P. Avas Evam Vikas Parishad (1995).
  • The right mandates a dignified living space with basic amenities, not just a roof.
  • The state has an affirmative obligation to facilitate and provide shelter, especially for vulnerable sections.
  • The Haldwani case highlights the judiciary's role in balancing development needs with fundamental rights, cautioning against future encroachments.

🧠 Memory Techniques

Memory Aid
95% Verified Content

📚 Reference Sources

The Constitution of India (Article 21, DPSP)
Government of India, Ministry of Housing and Urban Affairs (Pradhan Mantri Awas Yojana documentation)
Legal commentaries and academic articles on Fundamental Rights in India