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Human Right To Adequate Housing And Its Realization Under The Real Estate (Regulation And Development) Act, 2016




Priyanka Devi, Ph.D. Research Scholar, Department of Laws, Himachal Pradesh University, Shimla


ABSTRACT


Housing is not merely a physical shelter but a cornerstone of human dignity and development. Recognized as a component of the right to life, the right to adequate housing forms an essential part of human rights jurisprudence both internationally and nationally. Despite constitutional and legal recognition, millions continue to live in sub-standard or insecure dwellings. This paper examines the legal foundations of the human right to adequate housing and analyses how this right is realized through the Real Estate (Regulation and Development) Act, 2016 (RERA). It discusses relevant international instruments, constitutional provisions, and judicial pronouncements establishing housing as a fundamental right. Further, it explores the role of RERA, particularly the Himachal Pradesh Real Estate Regulatory Authority (HP-RERA), in ensuring transparency and accountability in the real estate sector. The paper concludes by identifying key challenges and proposing measures to strengthen RERA’s function as an instrument for the fulfillment of India’s human rights obligations relating to housing.


Keywords: Adequate Housing; Human Rights; RERA; Himachal Pradesh; Right to Shelter.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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