Dr. Pradeep Kumar Pandey - Right to Adequate Housing in India: Human Rights Perspective

In the era of so-called developed and progressive societies, where we declare to achieve a lot of things for our sustenance and survival, the basic requirements to live a life like a human being is far from reality. Among others, the basic needs like roti, kapda, makan are not available to all human beings. This situation is not in any one or two countries rather it has been spreaded all over the world. Right to adequate housing is a recognized human rights at the international level in various instruments like UDHR, ICESCR, CEDAW, CRC, CERD etc. which are very crucial for India. In India a lot of rights are guaranteed under Constitution of India as well as in other laws but no where right to adequate housing is mentioned specifically, though India has signed and ratified many international instruments which talk about this right. In this respect, what the achievement is, that is only due to Judiciary but the role of Judiciary in this respect is always changing. Even for some time Indian Judiciary ruled that right to adequate housing is essential part of Fundamental Rights guaranteed under Part-III specifically Article 21 and 19(1)(e) but in some case the Judiciary has also disappointed to people who need housing right. In the light of abovementioned facts, the paper proposes to discuss the existing norms and parameters available at the national, regional and international level in respect of right to adequate housing. Further, it gives some sensible suggestions to strengthen this right.

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