Case Note & Summary
The case involved two writ petitions filed by petitioners seeking to restrain the State of Tamil Nadu from evicting slum and pavement dwellers in Madras without providing alternative accommodation. The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 was enacted to address slum conditions, and the petitioners alleged that approximately 450 huts were demolished without offering alternative housing. The State denied these allegations, asserting that alternative accommodation was always provided before eviction. The Court examined the relationship between the right to life and the right to livelihood, concluding that the latter is integral to the former. The Court noted the government's commitment to improving slum conditions and providing basic amenities. It directed that no evictions occur before December 31, 1985, and that the State must provide alternative accommodation to those who can prove residency before June 30, 1977. The Court expressed confidence in the government's ongoing efforts to support slum dwellers and did not find it necessary to issue further directives. The petitions were ultimately dismissed with no order as to costs.
Headnote
A) Constitutional Law - Right to Life - Inclusion of Right to Livelihood - Constitution of India, 1950, Articles 21, 19(1)(e), 19(1)(g) - The Court held that the right to life includes the right to livelihood, emphasizing that deprivation of livelihood equates to deprivation of life. The eviction of slum dwellers without providing alternative accommodation was found to jeopardize their right to life, thus violating constitutional provisions (Paras 79 D-F, 80 A-B, 103 D-F, 108 C).
Issue of Consideration
Whether the right to life under Article 21 includes the right to livelihood and if eviction without alternative accommodation violates Articles 21 and 19(1)(e) and (g).
Final Decision
The Court dismissed the writ petitions, affirming that the right to life includes the right to livelihood and that the State's policy on slum clearance was adequate. It directed that no evictions occur before December 31, 1985, and that the State must provide alternative accommodation to eligible individuals.
Law Points
- Right to life
- Right to livelihood
- Eviction policy
- Alternative accommodation
- Slum clearance
