Rights Over Evictions - The Challenge Of Housing Rights In Modernizing India

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:59:22.883352+00:00

Updated: 2026-08-26T17:09:34.776+00:00

RIGHTS OVER EVICTIONS: THE CHALLENGE OF

HOUSING RIGHTS IN MODERNIZING INDIA

Ajay R, Jindal Global Law School, OP Jindal Global University

ABSTRACT

“Home is where one starts from”, in the words of the poet T. S. Eliot, there is an origin, fulfillment and a beginning from the word ‘home’. An individual’s space, the primary manifest of shelter begins when we are blessed with housing. The far reach of the word ‘blessing’ is what this paper tries to emphasize upon, as it will delve over the issues of adequate housing for people of India, the significance of displacements in the name of development, and the extent of Article 21 of the Constitution of India. This paper will have its focus on other basic issues as well, basic provisions of livelihood and examines the gap between India's international obligations and its national practices regarding slum evictions and the right to adequate housing.

Further, the paper will draw other jurisdictional events and comparison of housing and other human rights related infringements and accomplishments. Keywords: Housing Rights, Constitution of India, Development induced Displacements, Temporary Occupancy, Universal Periodic Review, Urbanization

Introduction: Indian ideology of a sustained economy has never seen the light for many years in the past, making it quenching for every citizen to strive harder even they are not aware of it. Human rights in India, a collective bundle that has its source of power from the constitution was from decades back where the drafter’s foresight of the values and rights weren’t so far-fetched. Right to adequate housing is essential for human dignity, security, and survival, particularly within vulnerable communities. In India, urbanization has led to the proliferation of slums, where residents often face the threat of eviction due to infrastructure development, urban beautification projects, or other policy initiatives. India is a signatory to the ICESCR, ensuring housing adequacy for all segments of the society remains an impending challenge, given the practices of corruption and ill-treatment.

The need for a critical standard of review in the Indian government must emerge, to eradicate the ideal focus of the incomplete understanding of rights invested to Indians in terms of housing and adequacy, or is it dire negligence upon having great knowledge of the same already? Legal Frameworks – Regional and Global Globally speaking, India is a part of various international human rights forums, wherein the ICESCR is of greater significance to the scenario as it asserts the right to adequate housing under Article 11. General Comment No. 4 by the UN Committee on ESCR further clarifies this, emphasizing that “adequate housing” includes security of tenure, habitability, accessibility, and affordability.

Additionally, the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement (2007)1 offer guidance on preventing arbitrary evictions, calling for comprehensive measures that respect human dignity. Given the international aspect of the same, we can be sure of the fact that India has made sure its attractive side to the FDIs, and collaborations are of higher value. Having such provisions, we still decided to make the economically weak go ‘invisible’ when a wall was built during the visit of Ex-President of the USA. 2 1 Basic Principles and Guidelines on Development- based Evictions and Displacement; Annex 1 of the report of the special rapporteur on adequate housing as a component of the right to an adequate standard of living.

A/HRC/4/18.

2 “Wall hastily built ahead of Trump visit in India criticized as 'hiding poor people'”, The Guardian, 18th February 2020.

Regionally, the extent and scope of Article 21 of the Indian Constitution plays a vital role. Judicial Activism’s bright side gave us the ruling to consider housing to be a crucial right of an individual to have a ‘life’ that is aimed at being formulated for any citizen. 3 Efforts in implementing such a ruling only made sure an inclusion but not complete implementation. The extent of the provision is not seen to be sufficient, for the fact India is still known for its slums. It was no doubt a movie was a great hit only because it highlighted a guy hailing from the slums to become a millionaire, which still enhances us to be recognized by the slums. Mumbai’s Dharavi4, which is now under development, and Chennai’s Nochikuppam and Kolkata’s Basanti isn’t easily forgotten.

It is till date, the measures of the government to evict all the slum, and slum clearance board’s aim in making their livelihood better hasn’t been implemented to the fullest. Development induced displacement can be seen a devil as it has forced around fifteen million people all over the world to be subjected to a shift in life. 5 Indian government known for its political vendetta against people of EWS and corruptive measures has only contributed to more of infringements in the name of evictions, where the Supreme court in the case of “Ahmedabad Municipal Corporation v. Nawab Khan6 held that to remove unauthorized encroachments, the board must also ensure rehabilitation and minimize harm to the displaced individuals. Can this change always be good? Can the government change our familial livelihood in the name of development?

To give an answer to these questions is to understand what here is the “right” that an individual might want. The ultimate question – Infringement or betterment? Relocation and rehabilitation, are these two canons of Development induces displacement be considered an infringement of an individual’s right to housing? To speak of the legal aspect, the primary goal is to provide an individual adequate means to live, a shelter that will not collapse, not prone to risk of easy destruction in times of a disaster. The debate may arise for the fact that if an individual can consider their slum to be a place of livelihood? To connect

3 Olga Tellis & Othrs. v Bombay Municipal Corporation & Ors. AIR (1986) SC 180.

4 “Dharavi Project: Maharashtra allows Adani to build houses for slum project-hit people on Mumbai salt pan land”, economic times, October, 2024. 5 “The Human Rights to adequate housing and Land in India”, Report to UNHRC for India’s 3rd UPR, submitted by Housing and Land Rights Network, December 2016.

6 Ahmedabad Municipal Corporation vs Nawab Khan Gulab Khan & Ors, 1996

more to the question, let’s take the scenario of a fishermen. “Nochikuppam”, a slum in Chennai’s North region has “Kuppam” as a name, which translates to “Slum” from Tamil. This Identity tried to be bombarded by eviction, the dilemma to see this as a right plucked away is questioning morality we have. One’s argument being Fishermen’s dense population, and a majority families’ living standards might increase upon relocation. To change is an individual’s will, so is to become better in standards. Government is to facilitate and not force it.7 Around

50 million poor people have been displaced in India in the last 50 years, in the name of Dam

Constructions, Industrial Developments and Wildlife Sanctuaries. 8 India’s focus on the infrastructural development in the name of development induced displacement can, in this regard, be viewed an infringement of right to household for public at large. 9 Role of NGOs: Non-governmental organizations (NGOs) played a critical role advocating the housing rights of slum dwellers. Organizations such as the Housing and Land Rights Network (HLRN) worked to document eviction cases and providing legal support. For instance, in response to the displacement of communities near railway tracks in Delhi (2020), NGOs filed petitions that led to a stay on the evictions by the Supreme Court, citing COVID-19 as a reason to avoid displacements during the pandemic. They also delve and seek to provide the slum dwellers by ensuring there are alternate housings ready at hand.

10 Few other similar jurisdictional scenarios- The USA has also foreseen such scenarios for which their interest in the housing would arise from the shortage of wars as the causing effect. The instrumentalities in the welfare, morale and comfort were the pushing factors to determine the same. The delegated companies had carried out their tasks without any corruption of political agenda that was at least evidently absent. 11 7 Carr, M. J. (2010). Evictions in the Name of Development: Japan's Experience with Forced Displacement and Relocation. Pacific Affairs, 83(1), 101-122. 8 Reference No. 30/RN/Ref. /December/2013, Library and Reference, Research, Documentation and Information Service. 9 Rajni Kothari, The Displacement and the Deprived, chapter ‘Resource Rich Tribal Poor’, A Report by Action Aid and Indian Social Institute Delhi, 2008, page 45

10 Sudama Singh v. Government of Delhi”, MANU/DE/0353/2010

11 J. P. Chamberlain, Legislative Attack on Slums, 12 A.B.A. J. 849 (December 1926).

Brazil and South Africa are two other major nations with people struggling to meet the ends of their nation’s expectations making them subject to such displacements in housing. 12 Evictions due to infrastructure development in Brazil, especially in Rio de Janeiro’s favelas has also seen the struggles and resistance of displaced communities and the role of human rights in advocacy efforts. 13 Conclusion: The issue of housing rights in India, as examined in this paper, reveals the complex balance between the need for urban development and the human right to adequate housing. Although India has made commitments both nationally and internationally, the reality shows a gap between legal provisions and actual practices. Vulnerable populations, slum dwellers, are subjected to displacements disrupting their livelihoods, sense of community, and dignity.

This paper highlights development should not come at the cost of human rights; it should aim for inclusive growth where adequate housing is accessible to all citizens. 14 The role of NGOs and the judiciary is crucial in advocating for housing rights, yet a more comprehensive government response is essential to bridge the divide between policy intent and practice. Going forward, India’s rehabilitative measures and Article 21’s guarantee of the right to life, including the right to shelter, is to be achieved in balancing development with social justice. 15 12 Leckie, S. (1995). When Push Comes to Shove: Forced Evictions and Human Rights. Habitat International, 19(1), 149-172. 13 Glotzbach, T. , & Kohler, S. (2018). Brazil’s Mega-Events and the Right to Housing: Comparing Evictions in the Context of the 2014 FIFA World Cup and the 2016 Olympics.

The International Journal of Human Rights, 22(2), 265-279.

14 Parnell, S., & Robinson, J. (2012). (Re)theorizing Cities from the Global South: Looking Beyond

Neoliberalism. Urban Geography, 33(4), 593-617. 15 Kothari, M. (2008). The Global Struggle for Housing Rights. Journal of International Law and International Relations, 4(1), 49-74.