Right to Housing and Shelter in India

To deprive a person of his right to livelihood that includes food, clothing, decent environment and shelter, is to deprive him of his life. - Supreme Court of India[1]

In India, the Right to Adequate Housing and Shelter is an extension of the Right to Life. This right is also widely recognized and accepted as a human right across the world. Poverty is the most prevalent reason why people are denied this privilege. The lack of housing and shelter has diverse effects on different groups of people, but one consequence that is the same for everyone is the impact on health. While there is no specific provision that addresses housing and shelter, there are a number of judicial precedents that have interpreted this issue as falling under the scope of Article 21. In light of the facts mentioned above, the paper discusses the meaning of housing and shelter as a matter of right, the constitutional perspective, and various provisions that mention the duty of the state to facilitate a dignified life for its citizens. It also discusses precedents that ruled that the right to housing and shelter is an essential part of fundamental rights and an inseparable human right, as well as the international recognition of this right in the covenants and how the lack of housing and shelter affects specific groups. Additionally, it proposes several changes to address the issue of housing and shelter from its source and ensure that this right is accessible to everyone.