Constitutionality Of The Right To Shelter And Legal Mechanisms For Affordable Housing In Urban Areas
- IJLLR Journal
- Mar 14
- 2 min read
Aashi Aggarwal, Symbiosis Law School, Noida, Symbiosis International University
ABSTRACT
The Right to Shelter is an essential aspect of human dignity and meaningful livelihood recognized under Article 19(1)(e) and Article 21 of the Indian Constitution. It ensures access to adequate housing, protecting personal liberty, safety, privacy and the well-being of an individual. This paper examines its constitutional scope and legal mechanisms for ensuring affordable urban housing.
Keywords: Shelter, Right to shelter and adequate housing, Right to life and Livelihood, Protection of personal liberty, Right to reside and settle, Affordable housing.
INTRODUCTION
Besides water and air, every Individual whether rich or poor needs a roof or shelter over his head. A secure and safe place to live in is a basic necessity, that every human being desires, and works hard to build it in order to attain and enjoy a healthy and peaceful life to live with his family. Besides this, safety, security, prevention from extreme weather conditions, privacy, and adequate location of the house with the workplace, health and well-being are essential concerns of every rational human being. Over the past few years, we have seen a rise in the number of homeless people, not having a place to stay, working, and living in the extremely horrible conditions of the streets. Thus, to eradicate the situation of homelessness 1and keeping in mind the above concerns, the courts encompass every individual with a “Right to Shelter” also known as the “Right to Housing” under the ambit of the fundamental Right guaranteed under the Constitution of India. This right has also been recognized by the “United Declaration of Human Rights”2 and by the “International Covenant on Economic, Social, and Cultural Rights”.3 Though it is not considered an expressed human right, but embodies under the realm of basic fundamental rights. This study paper examines and analyses the constitutionality of the Right to Shelter and adequate Housing and explores the legal mechanisms for ensuring affordable housing in Urban areas.
