What Laws are Made to Support the Right to Shelter in India? - Social Issues | UPSC Learning
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What Laws are Made to Support the Right to Shelter in India?
Medium⏱️ 8 min read
social issues
📖 Introduction
<h4>Introduction to the Right to Shelter and Legislative Support</h4><p>The <strong>Right to Shelter</strong> is a fundamental aspect of human dignity, implicitly derived from the <strong>Right to Life</strong> (Article 21) under the Indian Constitution. To operationalise this right, various legislative measures have been enacted.</p><div class="key-point-box"><p>These laws aim to address diverse challenges related to housing, including slum redevelopment, forest dwelling rights, real estate regulation, land acquisition, and tenancy disputes.</p></div><h4>1. Slum Areas (Improvement and Clearance) Act, 1956</h4><p>This pivotal act empowers the government to intervene in areas deemed unfit for human habitation. Its primary objective is to improve living conditions in urban informal settlements.</p><div class="info-box"><ul><li><strong>Authorisation:</strong> The Act authorises the government to <strong>clear slum areas</strong> that pose significant health and safety risks.</li><li><strong>Redevelopment:</strong> It mandates the formulation of <strong>redevelopment plans</strong> to replace substandard housing with more durable and safer structures.</li></ul></div><div class="exam-tip-box"><p>Understanding this Act is crucial for questions on <strong>urbanisation</strong>, <strong>social justice</strong>, and <strong>housing policies</strong> in India, especially in the context of slum rehabilitation programs.</p></div><h4>2. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)</h4><p>The <strong>Forest Rights Act (FRA)</strong> is a landmark legislation aimed at rectifying historical injustices faced by forest-dwelling communities. It recognises their inherent rights over forest land and resources.</p><div class="info-box"><ul><li><strong>Habitation Rights:</strong> Provides the right to <strong>hold and live in forest land</strong> for individual or common occupation, for habitation or self-cultivation for livelihood.</li><li><strong>Resource Management:</strong> Recognises the rights of <strong>forest communities</strong> to use, manage, and protect forest resources, fostering sustainable living.</li></ul></div><div class="key-point-box"><p>The FRA is vital for understanding the intersection of <strong>environmental law</strong>, <strong>tribal rights</strong>, and the right to shelter for vulnerable populations.</p></div><h4>3. Real Estate (Regulation and Development) Act, 2016 (RERA)</h4><p>The <strong>Real Estate (Regulation and Development) Act, 2016 (RERA)</strong> was enacted to bring much-needed transparency and accountability to the burgeoning real estate sector. It aims to protect the interests of homebuyers.</p><div class="info-box"><ul><li><strong>Regulation:</strong> RERA regulates the <strong>real estate sector</strong>, ensuring projects are registered and adhere to strict timelines and quality standards.</li><li><strong>Consumer Protection:</strong> It safeguards <strong>homebuyers</strong> by mandating project registration and establishing a robust grievance redressal mechanism.</li></ul></div><div class="exam-tip-box"><p>RERA is a key topic for <strong>GS Paper III (Economy)</strong>, particularly concerning <strong>urban development</strong>, <strong>consumer protection</strong>, and the ease of doing business in India.</p></div><h4>4. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act)</h4><p>The <strong>LARR Act, 2013</strong>, replaced the archaic Land Acquisition Act of 1894, bringing a more humane and equitable approach to land acquisition. It prioritises the welfare of those displaced.</p><div class="info-box"><ul><li><strong>Compensation:</strong> Includes detailed provisions for <strong>fair compensation</strong> for land acquired for public purposes.</li><li><strong>Rehabilitation and Resettlement:</strong> Ensures comprehensive <strong>resettlement and rehabilitation</strong> of families affected by land acquisition, including provision for housing support.</li></ul></div><div class="key-point-box"><p>This Act is fundamental for understanding <strong>social impact assessments</strong>, <strong>inclusive development</strong>, and the protection of vulnerable groups during infrastructure projects.</p></div><h4>5. Model Tenancy Act, 2021</h4><p>The <strong>Model Tenancy Act, 2021</strong>, aims to overhaul the rental housing market in India, promoting a more balanced and transparent relationship between landlords and tenants. It addresses long-standing issues in the sector.</p><div class="info-box"><ul><li><strong>Dispute Resolution:</strong> Seeks to establish a <strong>speedy adjudication mechanism</strong> for the resolution of landlord-tenant disputes.</li><li><strong>Regulation:</strong> Regulates the <strong>renting of premises</strong> and protects the interests of both <strong>landlords and tenants</strong>, fostering a formal rental market.</li></ul></div><div class="exam-tip-box"><p>The Model Tenancy Act is relevant for <strong>urban governance</strong>, <strong>housing policy</strong>, and addressing the challenges of providing affordable rental housing in rapidly urbanising India.</p></div>

💡 Key Takeaways
- •Right to Shelter is implicitly derived from Article 21 (Right to Life) of the Indian Constitution.
- •The Slum Areas Act, 1956, enables government intervention for slum improvement and clearance.
- •The Forest Rights Act, 2006, recognises habitation and resource rights of forest-dwelling communities.
- •RERA, 2016, regulates the real estate sector for transparency and protects homebuyers' interests.
- •The LARR Act, 2013, ensures fair compensation and rehabilitation for land acquisition-affected families.
- •The Model Tenancy Act, 2021, aims to formalise and streamline the rental housing market.
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📚 Reference Sources
•The Constitution of India (Article 21, Article 19(1)(e), Article 38, Article 39)
•Slum Areas (Improvement and Clearance) Act, 1956
•The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
•Real Estate (Regulation and Development) Act, 2016
•Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
•Model Tenancy Act, 2021