Calcutta High Court Upholds Right to Shelter, Mandates Rehabilitation Before Eviction

Court emphasizes on alternative arrangements for the homeless before eviction under Ministry guidelines

In a significant ruling reinforcing the right to shelter under the Constitution of India, the Calcutta High Court emphasized that evicting homeless individuals residing under a bridge cannot proceed without ensuring alternative rehabilitation arrangements. The judgment, delivered by Justices Sujoy Paul and Smita Das De, addressed the urgent need for humane treatment of the homeless, invoking both constitutional rights and operational guidelines from the Ministry of Housing & Urban Poverty Alleviation.

The case, Muktokantho Mahila Samity v. State of West Bengal, arose from concerns that homeless individuals might be evicted without proper due process or alternative shelter. The petitioner's counsel, referencing the landmark Supreme Court decision in Olga Tellis v. Bombay Municipal Corporation (1985), argued that the right to shelter is a fundamental right that necessitates careful adherence to procedural guidelines.

The court noted the operational guidelines issued by the Ministry on December 13, 2013, under the National Urban Livelihoods Mission (NULM), which include schemes for sheltering the urban homeless. These guidelines mandate that eviction should not occur without proper planning and provision of alternative accommodations.

The Kolkata Municipal Corporation (KMC) and the State Government were urged to follow these guidelines, with the KMC’s counsel acknowledging that decisions regarding alternative shelters are policy matters that require governmental action. The State's counsel submitted evidence of communication urging the removal and subsequent rehabilitation of vagabonds to urban shelters, ensuring public safety while supporting vulnerable individuals.

The court recorded these submissions, highlighting that any eviction should be contingent upon the availability of alternative shelter arrangements. The judgment reserved the petitioner’s right to seek urgent relief should any eviction threat arise, ensuring continuous judicial oversight.

The State Government and KMC were directed to file detailed affidavits within three weeks, outlining their compliance with the guidelines and the measures taken to provide alternative shelters. The court scheduled the next hearing post-affidavit submissions, underscoring the importance of a structured approach to addressing homelessness while respecting constitutional rights.

Bottom Line:

Right to shelter under the Constitution of India - Eviction of homeless individuals should not occur without ensuring alternative rehabilitation arrangements.

Statutory provision(s): 

Constitution of India, Ministry of Housing & Urban Poverty Alleviation guidelines under NULM, Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545

Muktokantho Mahila Samity v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2781427