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Right to Shelter

Olga Tellis case (1985)
• The Supreme Court held the right to livelihood as a fundamental right.
• Although the challenge was concerning the rights of slum dwellers to encroach upon public land, which was denied by the court to be a right.
• The court held that evicting people without providing alternative accommodation violated their fundamental rights.

  • The Supreme Court urged for a balance between development and the Right to shelter.
  • Right to Shelter is part of Right to Life under Article 21 of the Indian Constitution.
  • Railway infrastructure development at Haldwani and right to shelter for nearly 50,000 people accused of illegally living on railway land.
  • They are also human beings, observed a Bench. While the court emphasized compassion for these families, it clarified that its orders should not be seen as encouraging future encroachments.
  • The Railways highlighted the urgency for more land to lay new tracks due to the flooding Ghaula River disrupting operations.
  • The court instructed the State Chief Secretary to collaborate with Railway authorities and the Ministry of Urban Affairs to develop a “fair and equitable” rehabilitation project for the affected families.

Dig Deeper: Read about various Rights under the Right to Life.

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