What are the Associated Judicial Verdicts Regarding Right to Shelter? - Social Issues | UPSC Learning

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What are the Associated Judicial Verdicts Regarding Right to Shelter?

What are the Associated Judicial Verdicts Regarding Right to Shelter?

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social issues

📖 Introduction

<h4>Introduction to Right to Shelter and Judicial Scrutiny</h4><p>The <strong>Right to Shelter</strong> is a crucial aspect of human dignity, deeply intertwined with the <strong>Right to Life</strong> under <strong>Article 21</strong> of the Indian Constitution. Forced evictions without proper rehabilitation and due process are considered a violation of this fundamental right.</p><div class='key-point-box'><p>The judiciary in India has consistently interpreted the <strong>Right to Shelter</strong> as an integral part of the <strong>Right to Life</strong>, emphasizing the State's obligation to provide adequate living conditions or rehabilitation.</p></div><h4>Key Judicial Verdicts on Right to Shelter</h4><p>Indian courts have delivered several landmark judgments, strengthening the recognition and enforcement of the <strong>Right to Shelter</strong>.</p><div class='info-box'><p><strong>Case:</strong> <strong>Olga Tellis v. Bombay Municipal Corporation (1985)</strong></p><p><strong>Ruling:</strong> Slum dwellers filed a <strong>PIL</strong> against eviction without alternate accommodation. The Supreme Court held that eviction without due process breached the <strong>right to livelihood</strong>, which is part of the <strong>Right to Life</strong>. It stressed the State’s duty to secure adequate means of livelihood before depriving people of their rights.</p></div><div class='info-box'><p><strong>Case:</strong> <strong>State of Maharashtra v. Basantibai Khetan (1986)</strong></p><p><strong>Ruling:</strong> The Supreme Court upheld <strong>land ceiling laws</strong>, affirming they do not violate fundamental rights. However, it clarified that the <strong>State is responsible for providing rehabilitation and resettlement</strong> to those affected by such laws.</p></div><div class='info-box'><p><strong>Case:</strong> <strong>Chameli Singh v. State of UP (1995)</strong></p><p><strong>Ruling:</strong> Justice <strong>Ramaswamy</strong> explicitly held that the <strong>Right to Shelter</strong> is a <strong>fundamental right</strong> under <strong>Article 21</strong> (Right to Life) and is also linked to the <strong>right to residence</strong> under <strong>Article 19(1)(e)</strong>.</p></div><div class='info-box'><p><strong>Case:</strong> <strong>Ahmedabad Municipal Corporation v. Ahmed Singh and Gulab Singh (1996)</strong></p><p><strong>Ruling:</strong> Similar to the <strong>Olga Tellis case</strong>, the court reiterated that eviction of pavement dwellers must be conditional upon them being provided with <strong>alternate accommodation</strong>.</p></div><div class='info-box'><p><strong>Case:</strong> <strong>Sudama Singh and others v. State of Delhi and others (2010)</strong></p><p><strong>Ruling:</strong> Petitioners sought relocation from slum clusters. The <strong>Delhi High Court</strong> ruled that any eviction must include <strong>adequate compensation or alternate accommodation</strong> for the affected individuals.</p></div><h4>Legislative Support for Right to Shelter</h4><p>Beyond judicial pronouncements, specific laws have been enacted to support and regulate the <strong>Right to Shelter</strong>, particularly for vulnerable populations.</p><ul><li><p><strong>Slum Areas (Improvement and Clearance) Act, 1956:</strong> This act authorizes the government to clear slum areas deemed unfit for habitation due to health and safety risks. It mandates that <strong>redevelopment plans</strong> be formulated to replace substandard housing with better, more durable structures.</p></li><li><p><strong>The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA):</strong> This crucial legislation provides the right to hold and live in <strong>forest land</strong> under individual or common occupation for habitation or self-cultivation for livelihood, thereby securing shelter for forest-dwelling communities.</p></li></ul><div class='exam-tip-box'><p><strong>UPSC Insight:</strong> Understanding these judicial verdicts and supporting laws is vital for questions on <strong>social justice</strong>, <strong>urbanization challenges</strong>, and <strong>fundamental rights</strong> in <strong>GS Paper I and II</strong>. Remember to quote specific cases to substantiate your arguments.</p></div>
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💡 Key Takeaways

  • Right to Shelter is an implied fundamental right under Article 21 (Right to Life).
  • Judiciary has consistently linked shelter to livelihood and human dignity.
  • Forced evictions without due process or rehabilitation are unconstitutional.
  • State has a duty to provide alternative accommodation or compensation during evictions.
  • Laws like Slum Areas Act and Forest Rights Act provide legislative support for shelter rights.

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📚 Reference Sources

Supreme Court of India judgments (Olga Tellis, Chameli Singh, Basantibai Khetan, Ahmedabad Municipal Corporation, Sudama Singh)
The Slum Areas (Improvement and Clearance) Act, 1956
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006