In India, the right to adequate housing is an integral part of our legal system, but in any codified law, this right has not been specifically mentioned.
Authors
Abhinav Mehrotra, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Amit Upadhyay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The recent decision of the Bombay High Court on the issue of fundamental rights of senior citizens in respect of their shelter entitlement has stirred a debate on the need for explicit recognition of the right to a standard of living and housing for those in their old age. This recognition intersects with the constitutional rights of the citizens, including senior citizens, under Articles 14, 19, and 21 of the Constitution.
In its recent order, the HC said “entitlement to a shelter” is a fundamental right, and that this right of senior citizens could not be taken way “in their twilight years”. The court was hearing a case in which the 65-year-old petitioner claimed that she had been deprived of a house because the residential society they lived in has been “under redevelopment” since 2019, when they vacated it. The builder appointed to construct the new building apparently could not start work due to financial issues. The court said senior citizens cannot be made to suffer forever due to such delayed redevelopment.
In India, the right to adequate housing is an integral part of our legal system, but in any codified law, this right has not been specifically mentioned. The Constitution of India provides many rights, like the right to life and personal liberty under Article 21 and the right of every citizen to reside and settle in any part of the country under Article 19. Article 41 of the Directive Principles of State Policy also discusses the rights of senior citizens and persons of old age as it directs the state to secure the right to work, education and public assistance in certain cases such as unemployment, old age, sickness, and disablement.
Published in: ABP Live
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