Smothering the Housing Rights of the Urban Poor

Context: Supreme Court of India on August 31 ordered the removal of about 48,000 slum dwellings situated along the railway tracks in Delhi.

Observations of the Court

• Predominant presence of slums in close vicinity of the 140 km-long railway line in Delhi.

• Political intervention: There seems to be some political intervention against the removal of encroachments by a special task force constituted by the National Green Tribunal.

Orders of the Court 

• Encroachments should be removed within three months and with no interference, political or otherwise, should be there.

• No Court shall grant any stay with respect to removal of the encroachments

Arguments against the order:

• Violates principles of natural justice and due process:

• Decided on the removal of slums without hearing the affected party.
• Court made an unconvincing connection between the piling of garbage and the presence of slums.

• Ignored  long-standing jurisprudence on the right to livelihood and shelter :

• Olga Tellis & Ors vs Bombay Municipal Corporation & Ors. (1985)- held that the right to life also includes the “right to livelihood.” 

• Chameli Singh vs the State Of U.P. (1995) - Supreme Court recognised the “right to shelter” as a component of the right to life under Article 21 and freedom of movement under Article 19(1)(e).

• Failed to consider the policies and case laws on slum eviction and rehabilitation in Delhi

• Sudama Singh & Others vs Government Of Delhi & Anr. (2010)- High Court of Delhi held that prior to any eviction, a survey must be conducted and those evicted should have a right to “meaningful engagement” with the relocation plans. 
• Ajay Maken & Ors. vs Union Of India & Ors. (2019)- Delhi High Court invoked the idea of the “Right to the City” to uphold the housing rights of slum dwellers
• Neither the above case laws nor the Draft Protocol for the 2015 Policy was referred to by the Court. 

Facts about the impact of Evictions

• Report of the Housing and Land Rights Network (HLRN):

• Over 20,000 people were displaced in 45 incidents of forced evictions between March 25 and July 31, when India was under lockdown.

• Over the last three years, over five lakh people have been evicted, most often for various “city beautification” projects.

Conclusion: Need to employ a combination of political and legal strategies to protect their housing rights and ensure that no eviction or rehabilitation is conducted without their prior informed consent.