Right to Shelter - Uttarakhand Demolition Row

 

Right to Shelter - Uttarakhand Demolition Row

Written By: Saniya Benazir

4th year B.A.LLB.

Padala Rama Reddi Law College

Edited By: Advocate Himanshu Thadhani

 

Introduction

There is a dispute over the land in Haldwani in Nainital District, Uttarakhand, and The disagreement is over the encroachment by the locals on Government land. The Gafoor Basti of Haldwani claim that they are the rightful owners of the land, and the controversy over its title dates back to a 1907 government document. There are certain families who assert that their ancestors bought the land plots from the Custodian Department of the Government of India. The parcels were a portion of "nazul land," which is public land utilized for non-agricultural purposes. In a statement,

Jamaat-e-lslami Hind said that 29 acres of land were the subject of the dispute, while 79 acres of land belonged to residents who had already received notice. And more than 50,000 people would become homeless as a result.

What if the Government succeeds?

If the government succeeds in getting the order in its favor then more than 50,000 people residing in Haldwani will be displaced and The residents of Uttarakhand who have invested their hard-earned money in these homes are now faced with the prospect of losing their homes and livelihoods. This is a violation of their right to shelter and a breach of the government's obligation to respect and protect human rights. The right to shelter is not just about having a roof over one's head but also includes access to basic amenities such as water and electricity. The demolition of homes in Uttarakhand has not only displaced the residents but also cut off their access to these basic amenities, further violating their right to shelter. It is in fact the responsibility of the government to make sure that it provides a safe place to reside for its citizen but what will happen here will be the quite opposite.

The consequences of this could be significant and far-reaching for the affected families and communities. Some of the potential consequences include:

Homelessness: The displacement of hundreds of families due to the demolition of their homes could result in widespread homelessness, leading to a range of problems such as poverty, ill health, and exposure to dangerous living conditions.

Economic hardship: The loss of homes could result in significant financial hardship for families, as many of them have invested their hard-earned money in their homes. This could lead to increased poverty, unemployment, and financial insecurity.

Lack of trust in the government: The forced displacement of residents and the demolition of their homes could result in a loss of trust in the government, as residents may feel that their rights have been violated and that the government has failed to protect them.

Legal challenges: The demolition of homes without proper compensation could result in legal challenges, as residents may seek compensation for the loss of their homes and livelihoods.

Definition of Right to Shelter

The Right to Shelter is a fundamental human right recognized under international law. It means that every person has the right to a safe, secure, and affordable place to live. This right encompasses the right to have access to adequate housing and the basic necessities Of life such as water, electricity, and sanitation. The Right to Shelter is not only about having a roof over one's head but also includes the right to live in a safe and healthy environment. This means that the housing should not only be physically safe but also free from environmental hazards such as air pollution, water pollution, and exposure to hazardous substances.

The Right to Shelter is considered to be a part of the broader right to an adequate standard of living and is recognized under several international treaties and agreements. including the Universal Declaration Of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. The Right to Shelter is not absolute and can be restricted if necessary for the protection of public safety or health. However, any such restrictions must be proportionate and necessary and should not result in arbitrary or unlawful interference with the right to housing.

Importance of the right to shelter

The Right to Shelter is a crucial human right that is of immense importance for the well-being and dignity of individuals and communities. The following are some of the reasons why the Right to Shelter is considered important:

1.     Protection from homelessness: The Right to Shelter ensures that every person has access to a safe and secure place to live, thereby protecting them from the dangers of homelessness and its associated risks such as exposure to extreme weather conditions. violence, and lack of access to basic necessities.

2.     Access to basic necessities: The Right to Shelter includes access to basic necessities such as water, electricity, and sanitation. These are essential for maintaining a healthy and dignified standard of living.

3.     Health and safety: Adequate housing is essential for promoting good health and safety. It helps to reduce the risk of disease and illness caused by poor living conditions, exposure to hazardous substances, and overcrowding.

4.     Economic stability: Access to adequate housing is a crucial factor in promoting economic stability. It provides individuals and families with a secure place to live and helps to reduce the risk of poverty and homelessness.

5.     Social inclusion: The Right to Shelter promotes social inclusion by ensuring that everyone has access to a safe and secure place to live, regardless of their race, religion, or socioeconomic status.

6.     Protection from forced evictions: The Right to Shelter protects individuals and families from forced evictions, which can result in the loss of their homes. livelihoods, and access to basic necessities.

7.     In conclusion, the Right to Shelter is an essential human right that plays a crucial role in promoting health, safety, economic stability, social inclusion, and dignity for individuals and communities. It must be respected and protected by governments to ensure that everyone has access to adequate housing.

 

Overview of the current situation for Muslims

In the present Haldwani home demolition controversy, the Uttarakhand government has chosen to bulldoze hundreds of houses in the Indian state of Uttarakhands capital city of Haldwani. This controversy has arisen due to the government's decision to demolish hundreds of illegally constructed homes in the state's capital city, Dehradun. The decision was taken to clear the city of illegal constructions and restore the state's green cover. These houses, according to the authorities, were built in violation of the law and endanger public safety. However, many of the people who have spent their hard-earned money on these properties argue that these have been their homes for many years and that they were built with the proper approvals. There is a great deal of rage and fury among them because they may soon lose their houses and means of support. The situation has become volatile, with clashes between the residents and the police taking place. The govemment has faced severe criticism for its handling of the situation and its failure to address the grievances of the affected residents. The opposition parties are using this as an opportunity to attack the ruling government and its policies.

Hundreds of families have been uprooted as a result of the destruction; they are now living in temporary shelters and dealing with a variety of challenges, including not having access to necessities like power and water. Residents have been demanding that their homes be safeguarded and that they be compensated for the loss of their homes in large-scale rallies and demonstrations over the issue. The Haldwani home demolition row is a complex and ongoing situation in which the government's decision to demolish homes has resulted in widespread anger, frustration, and displacement of residents. The residents are demanding that their rights be respected and that they receive compensation for the loss of their homes.

Conclusion

The Uttrakhand home demolition row highlights the need for the government to take a more balanced approach in its decision-making. While it is important to maintain the state's green cover, it is also essential to ensure that the rights of the residents are protected. The government must work with the residents and find a solution that satisfies both parties and prevents the loss of valuable homes and livelihoods.