Revisiting Housing Rights In India: From Olga Tellis To A Constitutional Right Against Forced Homelessness
Devvrat Tilak, B.B.A. LL.B., University of Lucknow, Lucknow, India
ABSTRACT
This article revisits the constitutional jurisprudence on housing and eviction in India through the lens of Olga Tellis v. Bombay Municipal Corporation. It argues that Indian law does not recognise an absolute right to occupy public land, but has progressively developed a constitutional protection against arbitrary forced homelessness. Beginning with the Court’s recognition of livelihood under Article 21, the analysis traces the evolution of shelter rights through Shantistar Builders, Chameli Singh, Ahmedabad Municipal Corporation, Sudama Singh and Ajay Maken, and considers the Supreme Court’s 2024 demolition directions and its 2025 reaffirmation of the constitutional significance of shelter and livelihood.
It contends that eviction involving vulnerable households should be assessed through legality, procedural fairness, proportionality, vulnerability assessment and meaningful rehabilitation. Particular attention is given to the relationship between the location of housing and livelihood, and to the risk that relocation may provide a physical dwelling while undermining access to employment and essential services. The article concludes by proposing a rights-based eviction framework that reconciles lawful urban planning with constitutional dignity, without converting the right to housing into an unconditional right to remain on public land.
Keywords: Article 21; housing rights; forced homelessness; eviction; rehabilitation; Olga Tellis; urban governance.
