Eviction of homeless individuals should not occur without ensuring alternative rehabilitation arrangements.

Calcutta High Court Upholds Right to Shelter, Halts Eviction of Homeless Without Rehabilitation. Eviction of bridge dwellers put on hold pending alternative shelter arrangements as per constitutional mandates.

News Report: 

The Calcutta High Court, in a landmark judgment dated September 16, 2025, has reinforced the constitutional right to shelter, ruling that the eviction of homeless individuals residing under a bridge cannot proceed without ensuring alternative rehabilitation arrangements. The decision came in response to a petition filed by Muktokantho Mahila Samity against the State of West Bengal and others, challenging the planned eviction of homeless individuals without due process or adequate shelter provisions.

The bench, comprising Justices Sujoy Paul and Smita Das De, emphasized the importance of adhering to the operational guidelines issued by the Ministry of Housing & Urban Poverty Alleviation, aimed at protecting the rights of urban homeless individuals. The case references the precedent set by the Supreme Court in Olga Tellis v. Bombay Municipal Corporation (1985), which underscored the fundamental right to shelter under the Indian Constitution.

During the proceedings, the petitioner’s counsel highlighted the directives from a State Level Monitoring Committee, formed pursuant to a Supreme Court order, which advocated for non-eviction without alternative housing arrangements. The counsel for Kolkata Municipal Corporation (KMC) acknowledged that providing alternative shelters is a policy decision pending government action, and committed to filing an affidavit in opposition.

Further, the State's counsel presented a letter from KMC, detailing plans for rehabilitation in urban shelters, coupled with public safety measures through joint anti-encroachment drives. The court recorded these statements, noting that removal of residents can only occur post-rehabilitation.

In light of these submissions, the court decided against passing an interim order for immediate eviction, granting liberty to the petitioner to file an application for expedited hearing should any threat of removal arise. The State Government and KMC have been directed to file their affidavits within three weeks, with further proceedings scheduled thereafter.

This judgment underscores the judiciary's role in safeguarding the rights of vulnerable populations, ensuring that state actions align with constitutional protections and humanitarian considerations.

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, Olga Tellis v. Bombay Municipal Corporation judgment.

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