Introduction:
The issue of eviction and rehabilitation of occupants of public land is a recurring problem in India, as seen in the recent case of the planned eviction of 50,000 people from Haldwani, Uttarakhand. This issue is often exacerbated by a shortage of housing and inadequate recognition of the right to shelter in India.
Constitutional provisions:
The right to life and personal liberty, as guaranteed by Article 21 of the Indian Constitution, includes the right to shelter and protection against forced eviction.
This means that the state has a duty to provide adequate housing to its citizens and to ensure that no one is forcibly evicted from their home without the provision of suitable alternative accommodation.
Role of the courts:
In the case of the planned eviction in Haldwani, the Supreme Court intervened and stayed the eviction order, stressing the importance of rehabilitation before eviction in order to protect the right to shelter of the affected individuals.
This presents an opportunity for the Supreme Court to set guidelines for meaningful rehabilitation and effective prevention of encroachments on public land.
Human rights considerations:
It is important for both the government and the courts to adopt a holistic and human rights-based approach in addressing the issue of encroachments on public land.
This includes considering the needs and rights of those who may be affected by eviction, rather than resorting to forcible evictions without adequate consideration.
In some cases, courts have recognized the need for mandatory rehabilitation measures to be implemented before eviction can take place, although there is some debate over whether this may serve as an incentive for encroachment.
Role of the government:
It is important for the government to adopt a human rights-based approach to addressing the issue of encroachments on public land, rather than resorting to forcible evictions without adequate consideration of the needs and rights of those affected.
The government should establish clear guidelines for the treatment of those who are forcibly evicted from public spaces, in line with constitutional provisions and international human rights standards.
Conclusion:
The issue of eviction and rehabilitation of occupants of public land is a recurring problem in India that requires a sensitive and human rights-based approach from the government and the courts. Establishing clear guidelines and implementing mandatory rehabilitation measures can help to ensure that the right to shelter and protection against forced eviction is upheld, while also addressing the issue of encroachments on public land.
