Right To Shelter A Fundamental Right; State Has Constitutional Duty To Provide House Sites To Poor: Allahabad HC [Read Judgment]

The Allahabad High Court has held that the right to shelter is a fundamental right and the State has a constitutional duty to provide house sites to the poor.

Justice Surya Prakash Kesarwani observed thus while dismissing a 'PIL' [Rajesh Yadav vs. State of UP] seeking eviction of four individuals who allegedly encroached a public land. The court observed that these persons are poor and landless agricultural labourers of backward classes and are at the residential lease of very small plots were granted to them by the competent authority in the year 1995 and they raised their houses over it and are still residing therein since the year 1995. The court added that, in the event, State-authorities decide to evict them; it shall first provide suitable accommodation to them before removal of their houses in question.

Right to Shelter does not mean a mere right to a roof over one's head

The Judge, referring to various Supreme Court judgments on this aspect, observed that right to shelter does not mean a mere right to a roof over one's head but right to all the infrastructure necessary to enable them to live and develop as a human being. It said:

"Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has opportunities to grow physically, mentally, intellectually and spiritually. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads etc. so as to have easy access to his daily avocation. The right to shelter, therefore, does not mean a mere right to a roof over one's head but right to all the infrastructure necessary to enable them to live and develop as a human being. Right to shelter when used as an essential requisite to the right to live should be deemed to have been guaranteed as a fundamental right. To bring the Dalits and Tribes into the mainstream of national life, providing these facilities and opportunities to them is the duty of the State as fundamental to their basic human and constitutional rights. There could be not individual liberty without a minimum of property. The objective of 'facilitating adequate shelter of all' also implies that direct Government support should mainly be allocated to the most needy population groups."

Referring to Directive Principles of State Policy, the bench observed that the State has a duty to construct houses at reasonable cost and make them easily accessible to the poor. It added.

Basic needs of man have traditionally been accepted to be three namely- food, clothing and shelter. The right to life is guaranteed in any civilised society. It is the duty of the State to construct houses at reasonable cost and make them easily accessible to the poor.. No person has a right to encroach and erect structures or otherwise on footpath, pavement or public streets or any other place reserved or earmarked for a public purpose. The State has the Constitutional duty to provide adequate facilities and opportunities by distributing its wealth and resources for settlement of life and erection of shelter to make the right to life meaningful, effective and fruitful. 

The Court held that the attempt of the petitioner by this PIL is an attempt to infringe fundamental rights of the individuals, and dismissed the petition by imposing costs of Rs. 10,000.

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