Pavement dwellers and public interest organizations claim eviction of pavement dwellers would violate right to life under the Constitution by depriving them of their livelihood; right to life includes protection of means of livelihood; obligations to provide natural justice before eviction but no automatic right to resettlement under Indian constitutional law.
The pavement dwellers were evicted without resettlement. Since 1985, the principles in this case have been affirmed in many subsequent decisions, frequently leading to large-scale evictions without resettlement. For example, in the Narmada dam cases, adequate resettlement was ordered but most affected evictees have not been properly resettled and the majority of the Court declined to examine the extent to which their judgment was enforced: see Narmada Bachao Andolan v. Union of India (2000) 10 SCC 664.
Olga Tellis has stated: Ironically,[the case] helped the propertied classes; lawyers often cite the case to justify eviction of tenants and slum dwellers. But it also helps the slum dwellers; the Government can’t evict them summarily. The case also spawned a lot of interest in fighting for housing as a fundamental right but if you were a pavement dweller, it is just not enough. This case is widely quoted as exemplifying the use of civil and political rights to advance social rights but it is also viewed as problematic due to its failure to provide for the right to resettlement. It is also inconsistent with developments in other jurisdictions, where courts have found stronger rights to resettlement.
The case was brought by 11 residents, the Peoples Union for Civil Liberties, Committee for the Protection of Democratic Rights, and two journalists, one of whom was Olga Tellis. People’s Union for Civil Liberties 81 Sahayoga apartments Mayur Vihar – I Delhi 110091, India 91-11-2250014 (telefax); 91-11-2256931 (fax) 91-11-2492342 Email: national@pucl.org Web: www.pucl.org Lawyers for the petitioners included: Miss Indira Jaisingh, Miss Rani Jethmalani, Anand Grover, Sumeet Kachhwaha, Ram Jethmalani, V.M. Tarkunde, Miss Darshna Bhogilal, Mrs. Indu Sharma and P.H. Parekh.