Urbanization is a significant factor in promoting economic development and social progress, yet it also brings considerable challenges, particularly in providing sufficient and affordable housing. With the global urban population on the rise, the need to tackle the shortage of affordable housing in urban regions has become increasingly critical. In India, rapid urbanization, combined with growing socio-economic inequalities, has resulted in a substantial lack of affordable housing, particularly in metropolitan areas.

The concept of housing affordability varies across different geopolitical contexts; nevertheless, it is commonly understood as the fraction of household income allocated to housing costs. The Indian government adheres to this definition, characterizing affordable housing as residential units that conform to specific criteria related to family income, dwelling size, or the viability of monthly payments about the property's price in connection to annual income.

Despite the essential role of housing, it has historically not been emphasized in India's development priorities since gaining independence. Still, the right to housing is acknowledged as a fundamental human right within various international frameworks and national constitutions. In India, this right is implicitly included as a vital aspect of the right to life, as stated in the Constitution. This article aims to explore the constitutional right to housing in India while analysing the legal frameworks and challenges in providing affordable housing in urban settings.

Constitutional Framework
Although the Indian Constitution does not explicitly guarantee the right to shelter, this entitlement is closely tied to the broader right to life under Article 21. The Supreme Court of India has played a pivotal role in extensively interpreting this right, recognizing shelter as essential for achieving human dignity.

1. Article 21 - Right to Life

   The right to shelter is recognized as a fundamental entitlement under the right to life guaranteed by Article 21 of the Indian Constitution. This right includes more than just the provision of a physical structure; it also encompasses critical factors such as privacy, living space, security, ventilation, access to natural light, basic utilities, and proximity to workplaces and social services. The interpretation of Article 21 has significantly evolved through landmark Supreme Court decisions, such as Olga Tellis v. Bombay Municipal Corporation (1985) and Chameli Singh v. State of Uttar Pradesh (1996). In 'Olga Tellis', the Court ruled that evicting pavement dwellers without offering alternative housing options violates the right to life. Similarly, in 'Chameli Singh', the Court emphasized that the right to life includes the right to live dignified lives, which inherently necessitates access to shelter.
   

2. Directive Principles of State Policy

   Although the Directive Principles of State Policy (DPSP) are non-justiciable, they provide a guiding framework for the government to promote social and economic justice. Articles 38, 39, and 46 outline the State's responsibility to enhance citizen welfare, ensure fair distribution of resources, and improve living standards for marginalized populations, indirectly reinforcing the right to shelter.
   

3. International Conventions

   India is a party to numerous important international conventions that recognize the right to adequate housing, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). These agreements significantly influence domestic housing policies in India.

Legal Mechanisms for Affordable Housing in India

India has pursued a comprehensive approach to address the housing crises faced by its urban population through various policies, programs, and legislative actions. These initiatives are aimed not only at promoting affordable housing but also at protecting the rights of homebuyers and tenants, thereby fostering a more inclusive urban landscape.

Housing Policies and Schemes

• Pradhan Mantri Awas Yojana (PMAY)
  Launched in 2015, this scheme signifies a substantial governmental initiative aimed at realizing the objective of "Housing for All" by 2022. This scheme is specifically designed to address the needs of urban poor populations through a multifaceted strategy that encompasses four primary dimensions: slum rehabilitation, affordable housing supported by credit-linked subsidies, collaborative housing development with private sector participation, and direct subsidies for beneficiaries constructing individual homes. By integrating housing solutions with essential services, PMAY endeavours to foster comprehensive urban development.
  
• National Urban Housing Fund (NUHF)
  Intended to deliver critical financial support to states and Union Territories for the implementation of housing-related initiatives.
  
• National Rural Livelihood Mission
  Seeks to mitigate poverty by increasing access to sustainable employment opportunities for economically disadvantaged households.
  
• Deen Dayal Antyodaya Yojana-National Urban Livelihoods Mission (DAY-NULM)
  Specifically targets the urban homeless population, providing shelters equipped with essential services.
  
• Slum Rehabilitation Authority (SRA) Scheme
  Launched in the realm of slum rehabilitation, particularly prominent in Maharashtra, this scheme emphasizes the rehabilitation of slum residents by facilitating the provision of adequate housing.
  

Legislative Measures

The legal framework governing housing in India is influenced by several pivotal acts designed to regulate and facilitate the sector.

• Slum Areas (Improvement and Clearance) Act, 1956
  Empowers the government to clear slum areas determined to be uninhabitable, thereby promoting the development of safer and more robust housing structures.
  
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
  Affirms the rights of forest dwellers to occupy land for residential and agricultural purposes while acknowledging their authority over forest resource management.
  
• Real Estate (Regulation and Development) Act, 2016 (RERA)
  Represents a significant advancement in the regulation of the real estate sector. RERA establishes a comprehensive framework designed to safeguard homebuyers' interests, mandating the registration of real estate projects and agents, and instituting a regulatory authority to ensure compliance. This legislation has markedly improved transparency and accountability within the housing sector.
  
• Model Tenancy Act, 2021
  Aims to foster a balanced rental market by addressing critical concerns such as security deposits, rent control, and eviction processes, thereby protecting the interests of both landlords and tenants.
  
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR)
  Guarantees equitable compensation for individuals affected by land acquisition for housing initiatives, addressing the rights and rehabilitation needs of displaced populations.
  

3. Judicial Interventions

The Indian judiciary has been instrumental in affirming the right to shelter, as demonstrated by numerous landmark rulings.
Noteworthy cases include:

• Olga Tellis v. Bombay Municipal Corporation (1985)
  In this case, the Supreme Court recognized the right to livelihood as an inherent aspect of the right to shelter, thereby underscoring the state's obligation to secure adequate means for sustenance.
• Chameli Singh v. State of Uttar Pradesh (1995)
  The Supreme Court affirmed that the right to shelter constitutes a fundamental right under Article 21 of the Constitution, linking it to the right to residence.
• Sudama Singh v. Government of Delhi (2010)
  The Supreme Court reinforced the imperative of in-situ rehabilitation and resettlement for slum dwellers to uphold their housing rights.

These judicial decisions not only reflect the judiciary's commitment to protecting marginalized communities' rights but also establish legal precedents that influence housing policy and legislative frameworks across the nation.

Conclusion
India's approach to addressing urban housing challenges through a combination of policies, legislative measures, and judicial interventions signifies a robust commitment to fostering equitable housing solutions. As the nation endeavours to realize its housing objectives, ongoing assessments of these frameworks will be crucial to ensuring their efficacy and responsiveness to the changing needs of its urban populace.

The constitutional right to shelter is an essential element of the right to life and dignity. Although India has made commendable progress in ensuring affordable housing in urban areas through various legal frameworks, persistent challenges remain. Confronting these obstacles necessitates coordinated efforts from the government, the private sector, and civil society organizations. By adopting a comprehensive and inclusive strategy, India has the potential to actualize the right to shelter for all its citizens, thereby paving the way toward sustainable urban development.

Also Read:

• Right To Shelter As A Human Fundamental Right
• Right To Shelter A Fundamental Right; State Has Constitutional Duty To Provide House Sites To Poor: Allahabad High Court