Constitution Shields Slum Dwellers: Equal Right to Dignity, Safety, and Basic Amenities Affirmed

In a landmark judgment, the Bombay High Court has reaffirmed that slum dwellers and residents of informal settlements are protected by the Indian Constitution, enjoying an equal right to live with dignity, safety, and access to basic amenities. The court emphasized that the Constitution is a “living framework” that must respond compassionately to the realities of urban poverty and inequality.

 

Key Highlights:

 

•⁠  ⁠The High Court upheld the validity of Regulation 17(3)(D)(2) of the DCPR 2034, which provides for the rehabilitation of slum dwellers even on lands reserved as open spaces, recognizing their right to shelter as part of human dignity under Article 21.

 

•⁠  ⁠The judgment rejected the notion that environmental rights and housing rights are in conflict, stating both are integral to the right to life and must be balanced to avoid making thousands homeless without due process or alternatives.

 

•⁠  ⁠The court clarified that slum dwellers, though lacking legal land ownership, occupy land out of necessity and deserve compassion, not condemnation. Their rights are rooted in the Constitution’s Fundamental Rights and Directive Principles, which call on the State to address structural poverty and inequality.

 

•⁠  ⁠Rehabilitation schemes must ensure slum dwellers are not pushed to city outskirts but integrated within urban areas, promoting real equality and inclusive planning.

 

Outlook:

This ruling strengthens the legal foundation for humane urban development, mandating that slum dwellers’ rights to dignity, safety, and adequate housing be protected alongside environmental concerns. The decision sets a precedent for balanced, inclusive city planning and underscores the State’s duty to prioritize social justice for the urban poor.

 

Source: Live Law