Housing for all – PMAY, etc.

Right to Shelter is a Fundamental Right: Supreme Court     

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 21, Article 19(1)(e), Right to Shelter

Why in the News?

The Supreme Court emphasised the need to balance railway infrastructure development in Haldwani, Uttarakhand, with the fundamental right to shelter nearly 50,000 people accused of illegally encroaching on railway land.

What was the Case?

  • The hearing was based on an application filed by the Railways seeking to modify a January 2023 Supreme Court order.
  • The order had stayed a Uttarakhand HC direction to evict the families within a week, even using paramilitary forces.
  • The application pointed out that the Ghaula River flood has disrupted railway operations in the region and that more land was urgently needed to lay new tracks.

What is the Right to Shelter?

  • The right to shelter is derived from the Right to Life under Article 21 of the Constitution of India, which guarantees the protection of life and personal liberty.
  • Article 19(1)(e) provides the Right to reside and settle in any part of the territory of India.

Judicial pronouncements related to it:

  • Olga Tellis v. Bombay Municipal Corporation (1985): The Supreme Court recognized the right to livelihood as a part of the right to life under Article 21.
  • Chameli Singh v. State of Uttar Pradesh (1996): The Supreme Court declared that the right to shelter is a fundamental right under Article 21. It includes adequate living space, safe and decent structures, clean surroundings, light, air, water, electricity, and sanitation.
  • Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997): The Supreme Court directed the state to construct affordable houses for the poor, reiterating the state’s duty to provide shelter and make the right to life meaningful.

Various Legislations supporting the Right to Shelter:

  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
  • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
  • The Slum Areas (Improvement and Clearance) Act, 1956

 

PYQ:

[2021] Consider the following statements :​

  1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this regard.​
  2. ‘Right to the City’ gives every occupant of the city the right to reclaim public spaces and public participation in the city.​
  3. ‘Right to the City’ means that the State cannot deny any public service or facility to the unauthorized colonies in the city.​

Which of the statements given above is/are correct?

(a) 1 only

(b) 3 only

(c) 1 and 2

(d) 2 and 3

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