From Homelessness To Exploitation: A Socio- Legal Analysis Of Right To Shelter And Its Impact On Women And Children
- IJLLR Journal
- Mar 27
- 2 min read
Sanchita Mishra, B.A. LL.B., D.Y. Patil University, School of Law, Navi Mumbai
ABSTRACT
The right to shelter is an essential part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Judicial interpretations have expanded the scope of this provision to include the right to shelter, which provides access to adequate housing and basic living conditions. Despite constitutional recognition, homelessness continues to affect millions in India, with women and children constituting the most vulnerable section of the homeless population. The inadequate housing exposes them to extreme risks of sexual exploitation, trafficking, abuse, and severe health conditions. This paper is a socio-legal study to examine the relationship between denial of the right to shelter and the vulnerability of women and children to exploitation and abuse. It analyses constitutional provisions, landmark judgments and interpretations alongside empirical studies and reports to highlight existing gaps in implementation. The study argues that homelessness is not merely a housing deficit but a systemic human rights failure that intersects with gender inequality, poverty, displacement, and social rejection. The research adopts a doctrinal and analytical methodology supported by primary sources, including reports of international and national organizations, government publications such as the census 2011 and case laws. The research has also used secondary sources such as a book, peer-reviewed journal articles and scholarly literature. Through this approach, the paper analyzes how the lack of stable housing directly contributes to conditions that facilitate sexual exploitation, forced labour, trafficking, and violence against women and children. This study examines how unfulfillment of a fundamental right can give birth to abhorrent and heinous offences. It further explores the inadequacy of current rehabilitation and protection mechanisms. In addition to that, it explores a few solutions to eradicate the vulnerability of homeless women and children.
Keywords: Right to shelter, Article 21, Homelessness, Women, Children, Vulnerability.
