Context: The Supreme Court called for a balance between developing railway infrastructure in Haldwani and the fundamental right to shelter for people accused of illegally occupying railway land. The court clarified that its orders should not be misinterpreted as encouraging future encroachments on public land.

Right to Shelter and Constitutional Provisions

• Right to Shelter:

• Constitutional Basis: Recognized under Article 21 of the Indian Constitution, which guarantees the Right to Life. The Right to Shelter is derived from the Right to Life and is essential for living a life with dignity.

• Scope: Includes not just having a roof over one’s head but also adequate privacy, space, security, lighting, ventilation, basic infrastructure, and proximity to workplaces and social amenities.

• Implications: Ensures that citizens have access to adequate housing and that forced evictions are not carried out without proper rehabilitation and due process.

Ethical Considerations Regarding Eviction

• Right to Secure Home:

• Fundamental Right: Every person has the right to a secure and adequate home. Evictions without adequate alternative arrangements undermine this right.

• Disproportionate Impact:

• Marginalized Groups: Evictions disproportionately affect marginalized groups, including the poor, disabled, and elderly, who may lack resources to relocate or adapt.

• Lack of Alternative Solutions:

• Support Services: Evictions are sometimes executed without providing alternative housing solutions or support services, leaving people without a place to go.

Judicial Verdicts on Right to Shelter

• Olga Tellis v. Bombay Municipal Corporation (1985):

• Case Summary: Slum dwellers filed a PIL against eviction without alternate accommodation.

• Judgement: The court held that eviction breached the right to livelihood and emphasized the State’s duty to secure adequate means of livelihood and avoid depriving people of their rights.

• State of Maharashtra v. Basantibhai Khetan (1986):

• Case Summary: The Supreme Court upheld land ceiling laws but stressed the State’s responsibility for providing rehabilitation and resettlement.

• Chameli Singh v. State of UP (1995):

• Case Summary: Justice Ramaswamy recognized the right to shelter as a fundamental right under Article 21 and the right to residence under Article 19(1)(e).

• Ahmedabad Municipal Corporation v. Ahmed Singh and Gulab Singh (1996):

• Case Summary: The court allowed the eviction of pavement dwellers on the condition that alternate accommodation was provided.

• Sudama Singh and Others v. State of Delhi and Others (2010):

• Case Summary: The Delhi High Court ruled that any eviction must include adequate compensation or alternate accommodation.

Government Initiatives to Provide Shelter

• Pradhan Mantri Awas Yojana (PMAY):

• Objective: A credit-linked subsidy scheme aimed at providing affordable housing to low and moderate-income residents.

• National Urban Housing Fund (NUHF):

• Objective: Provides financial assistance to states and Union Territories for implementing housing schemes.

• National Rural Livelihood Mission:

• Objective: Aims to reduce poverty by providing gainful self-employment and skilled wage employment opportunities to improve livelihoods sustainably.

• Deen Dayal Antyodaya Yojana-National Urban Livelihoods Mission (DAY-NULM):

• Objective: Focuses on providing shelter with essential services to the urban homeless.

• Slum Rehabilitation Authority (SRA) Scheme:

• Objective: Active in Maharashtra, focusing on rehabilitating slum dwellers by providing them with housing.

Balancing Development Projects and Right to Shelter

• Alternative Housing Options:

• Provision: Ensure adequate alternative housing options for those displaced by development projects.

• Lawful and Just Evictions:

• Process: Conduct evictions in a lawful manner, with appropriate compensation and support for displaced individuals.

• Community Development:

• Programs: Incorporate community development programs into projects to enhance local infrastructure, services, and economic opportunities.

• Long-Term Urban Planning:

• Strategies: Develop long-term urban planning and housing strategies that balance development goals with the need for affordable and accessible housing.