The 1948 Universal Declaration of Human Rights places great emphasis on the
principles of freedom, equality, and nondiscrimination. "Right is an interned
recognized, protected, and enforced by law," claims Roscoe Pound. While
goal-based thinking is collective, right-based thinking is individual. The
Indian Constitution's Part III stands for the idea of right-based governance,
while Part IV is goal-based.
The Indian Constitution's Article 21 guarantees the
right to life and personal liberty, which encompasses the following: the right
to health, the right to life with dignity, the right to education, the right to
housing, and so on. Legal security, the availability of infrastructure,
utilities, and services, cost, habitability, accessibility, location, and
appropriate culture are all considered aspects of acceptable housing.
International Instruments:
One essential element of the right to live in dignity is the right to
appropriate housing. "The right to adequate housing is the most comprehensively
elaborated in article 11(1) of ICESCR. The right to security of place recognises
the importance of tenure rights (for tenure owners and those too poor to rent or
buy a home) and the critical right to be protected against any arbitrary or
forced eviction from one's home. India expressly prohibits the practice of
forcible eviction under the ICESCR as part of its commitment to provide
appropriate housing. The Committee on Economics, Social and Cultural Rights'
General Comment 7 acknowledges that this infringement of privacy, security, and
liberty is against human rights legislation.
Forcible eviction is also considered a gross violation of human rights,
especially the right to housing, according to the UN commission on human rights.
Though the right to sufficient housing is not mentioned specifically in the
Indian constitution. It is acknowledged as a subset of other fundamental rights
and is guaranteed. Because the practice of forced eviction makes it illegal for
anyone to be deprived of their life or personal liberty, Article 21 of the
Constitution guarantees everyone the right to appropriate shelter.
Meaning Of Housing And Shelter:
Although a living area is often referred to as "housing" or "shelter," it can
mean more than just a set of four walls and a roof over one's head.
Nevertheless, it is undeniable that many people still find the four walls and
roof to be out of reach. Although the terms "housing" and "shelter" are more
frequently used interchangeably, they differ in a few ways.
The term "housing" relates more to the tangible aspects of a home, such as its
layout or construction. Although the terms "adequate shelter" and "housing" are
similar, the former refers specifically to the environment, sanitization, water
supply, lighting, and other necessities of life. The basic components of housing
and shelter are what set apart an appropriate living environment from a simple
one. To illustrate, the slums of India, which house 35.2% of the country's urban
population, do not meet the criteria for sufficient housing or shelter because
they are devoid of certain services. In general, it lacks sanitary amenities,
adequate infrastructure, etc.
Right Of Slum Dwellers:
In the case of the Gujarat High People Union for Civil Liberties v. State of
Gujarat, the Supreme Court stated as follows: "We do not think that in balancing
the right of individual and society we would be less kind and merciful towards
the section which justify deserves it. We are aware that law is heartless and
therefore, it requires medium of mercy implement it." In the case of Indira
Sawhney v. Union of India, the Supreme Court made it clear that the term "Weaker
Section" of the population refers to a larger group of individuals than the term
"Back Word class," which only refers to a subset of the weaker section.
Regressive courses consist solely of persons who are economically or socially
backward.
The phrase "weaker section" can apply to any segment of society that
is made weaker by a variety of factors, such as poverty, natural disasters,
physical disabilities, or calamities. It need not be limited to a particular
group or class. In light of this provision, the state is required to carry out
additional duties; however, one thing is certain: in terms of the right to work,
education, and public assistance in the event of unemployment, Article 41 refers
to the limits of its economic capacity; as such, economic capacity must be taken
into consideration while securing these rights.
Shelter As A Fundamental To The Human Right:
All of these other rights are impacted, either directly or indirectly, by
inadequate housing:
- The right to a living standard that is suitable.
- The right to sanitary facilities and safe drinking water.
- Right to a safe and healthy environment;
- Right to the best possible level of physical and mental health.
- A child's right to a setting that is suitable for their physical and mental growth.
- The ability to obtain resources, such as those needed for heating, cooking, and lighting.
- The freedom from discrimination on the basis of sex, race, or any other status when it comes to housing and related services.
- The flexibility to travel around and select where and how to live.
- The right to confidentiality.
- The right to security, which includes tenure security.
- The right to be shielded against forced eviction and from having one's home destroyed or demolished in any circumstance, including armed settlements, population transfers, military occupation, and development initiatives.
- Right to judicial remedies and equal treatment under the law to address violations of the human right to sufficient housing.
Rehabilitation To Slum Dwellers:
According to the Afzulpurkar committee, the hutment and slum residents of
unlicensed buildings are an essential component of this thriving city. Each and
every one of them surely contributes to the development, prestige, and
prosperity of this magnificent city. They have contributed to and are still
contributing to the establishment and upkeep of Brihan Mumbai's commercial,
industrial, and economic significance.
We cannot ignore the fact that slum
dwellers are forced to live in filthy conditions and shanty structures because
of compelling circumstances, such as being evicted from formal housing because
it was too expensive and above their income levels. A significant portion of
them are members of scheduled castes and scheduled tribes. Enhancing their
standard of living is essential, and the first step towards achieving this is
obtaining an authorised dwelling unit.
This will not only improve their health
and hygiene but also raise public hygiene standards, which is necessary to raise
them from their current state. Cross-referencing the cost of dwelling units and
providing them at no cost, although not supported by housing philosophy, has
become necessary and a given situation. The slum dwellers deserve special
treatment, like. The study group has been operating under the premise that
"unequal rules are necessary if inequality is to be eliminated."
Conclusion
The right to sufficient housing and shelter is a grave concern, and many people
continue to be denied it in spite of several government initiatives. Many people
are not even aware that it is their right to have access to decent home and
shelter. The biggest factor contributing to a lack of housing and shelter is
still poverty and income. Many people are forced to live in subpar and terrible
conditions in urban areas due to a lack of affordable housing options, which can
have major long-term effects on their health.
A number of other rights,
including the rights to life, health, and privacy, are violated in connection
with a lack of housing and shelter. Individuals' ignorance presents another
obstacle to the proactive implementation of laws. The Indian Constitution's
Articles 14, 21, and 15 ensure substantive equality, requiring the state to
adopt affirmative action to provide chances for the underprivileged and
outlawing discrimination on the basis of sex, religion, race, caste, or place of
birth.
When taken as a whole, these provisions forbid depriving the marginalised
of their rights to land and basic shelter, and they also call for official
intervention to address these injustices. One crucial aspect of the right to
equality is the right to decent housing. It is connected to our economic and
social rights, with one set of rights offering some of the framework for the
other. The protection of housing rights has been given a lot of weight by the
Indian Supreme Court as part of the greater effort to achieve social and
economic goals, which is also a core constitutional purpose. In today's
developing India, protecting and advancing slum dwellers' right to shelter is
imperative.
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