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Right to Shelter

Introduction

The right to shelter is an essential part of the right to life under Article 21. It ensures that every individual has access to a safe and decent place to live as a basic human necessity.

Meaning / Definition

  • Right to Shelter: The legal protection that guarantees access to a safe and decent living space as part of the fundamental right to life.
  • This right is considered essential for leading a dignified life in a civilized society.

Modes or Types

Scope of Right

  • Shelter is a basic requirement along with food, water, medical care, education, and a decent environment.
  • It is necessary to ensure a meaningful and dignified life.

Restrictions

  • The right to shelter is subject to reasonable restrictions in public interest, such as urban planning or safety regulations, provided it is enforced in a fair and just manner.

Important Case Law

  • Chameli Singh v State of U.P. (1996) 2 SCC 549 – The Supreme Court held that the right to shelter is a fundamental right under Article 21. The Court observed that the right to live in a civilized society includes access to shelter, food, water, education, medical care, and a decent environment.

Practical Example

  • Government providing affordable housing schemes for low-income groups to fulfill their right to shelter.

Summary

  • Right to shelter is a part of the fundamental right to life under Article 21.
  • Ensures access to safe and decent living conditions.
  • Integral to living a dignified life with basic necessities.
  • Recognized in Chameli Singh v State of U.P. (1996).
  • Subject to fair and reasonable restrictions in the public interest.