Right to shelter : Allahabad HC
A Public Interest Litigation was being filled in the case of Rajesh Yadav vs. State Of UP, the petitioner in his petition pleaded the eviction of four individuals who allegedly encroached a public land. The court however in this case observed that these people are poor , marginalized, backward and landless agricultural labourers of backward classes and have been residing in small plots of land since 1995 which was granted to them by competent authority in the same year. So if the state authorities wish to evict them from their houses it should also take up the responsibility to provide them with other suitable accommodation before the removal pf their houses.
Justice Surya Prakash Kesarwani said that the PIL filled by the petition is an attempt to infringe the fundamental and basic rights of these people and thus the petition was dismissed and a cost of Rs. 10,000 was also imposed on the petitioner.
The Allahabad High Court in its landmark judgement said that the right to shelter is a fundamental right and the state is obligated to provide housing to the poor and downtrodden. It was also stated that The right to shelter does not only mean a right to have a roof over one’s head but also includes the right to all the infrastructure necessary to live a decent life like a dignified human being.
The court also enshrined the principles of Part IV of the constitution and said that the state is duty bound to construct houses at reasonable cost and make them easily accessible and affordable to the poor.
The court also referred to the various judgments passed by the Hon’ble Supreme Court Of India where importance of shelter is given as a hub of opportunity to grow physically , mentally, intellectually and spiritually , it is as important to a person as evidence is important to a court.
