What is Right to Shelter and Important Constitutional Provisions Involved? - Social Issues | UPSC Learning
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What is Right to Shelter and Important Constitutional Provisions Involved?
Medium⏱️ 8 min read
social issues
📖 Introduction
<h4>Understanding the Right to Shelter</h4><p>The <strong>Right to Shelter</strong> in India is a pivotal aspect of human dignity. It is explicitly recognized as a <strong>fundamental right</strong>, falling within the expansive scope of the <strong>Right to Life</strong>. This overarching right is guaranteed by <strong>Article 21</strong> of the <strong>Indian Constitution</strong>.</p><div class='key-point-box'><p>The <strong>Right to Shelter</strong> is not merely a statutory provision but a constitutional imperative, ensuring that every individual can live with dignity.</p></div><h4>Components of Adequate Housing</h4><p>The concept of the <strong>Right to Shelter</strong> extends far beyond simply having a roof overhead. It encompasses a holistic view of what constitutes adequate and dignified living conditions.</p><p>This right implies a dwelling that provides <strong>adequate space</strong>, ensuring comfort and freedom of movement for its inhabitants. It also includes the provision of <strong>peace and security</strong>, creating a safe environment free from threats and disturbances.</p><div class='info-box'><p>Adequate housing, as interpreted by the judiciary, includes:</p><ul><li><strong>Sufficient Space:</strong> Room for living, sleeping, and daily activities.</li><li><strong>Peace & Security:</strong> Protection from external threats and a stable living environment.</li><li><strong>Lighting & Ventilation:</strong> Essential for health and well-being.</li><li><strong>Basic Infrastructure:</strong> Access to water, sanitation, and electricity.</li><li><strong>Proximity to Amenities:</strong> Reasonable access to workplaces, schools, healthcare, and other social services.</li></ul></div><p>These elements collectively ensure that the housing provided supports a life of dignity, health, and social integration, rather than merely preventing exposure to the elements.</p><div class='exam-tip-box'><p>For <strong>UPSC Mains (GS-II)</strong>, understanding the nuanced interpretation of <strong>Article 21</strong> and its derivative rights like <strong>Right to Shelter</strong> is crucial. Judicial pronouncements often elaborate on these aspects.</p></div>

💡 Key Takeaways
- •Right to Shelter is a Fundamental Right derived from Article 21 (Right to Life) of the Indian Constitution.
- •It encompasses more than just a roof, including adequate space, peace, security, basic infrastructure, and proximity to amenities.
- •Landmark Supreme Court cases like Olga Tellis v. BMC established its constitutional recognition.
- •Government schemes like Pradhan Mantri Awas Yojana (PMAY) are key initiatives for its practical implementation.
- •Ensuring dignified shelter is crucial for social justice, poverty alleviation, and sustainable urban development.
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📚 Reference Sources
•Supreme Court of India judgments (Olga Tellis v. Bombay Municipal Corporation, 1985)
•Ministry of Housing and Urban Affairs (MoHUA) official documents on Pradhan Mantri Awas Yojana (PMAY)
•Reports on Sustainable Development Goal 11 (SDG 11)