Abstract
Shelter is an essential part of human life for survival. In this blog, we analyze housing challenges in urban areas, government initiatives to provide affordable housing, and their ground reality; this article also discusses the constitutional applicability in India and the international perspective on the right to shelter.
Introduction
“Housing is absolutely essential to human flourishing. Without stable shelter, it all falls apart.”
— Matthew Desmond.
While humans search for water on the moon, he cannot locate houses for the millions of people on Earth. Although housing is a basic human right, the “United Nations Commission on Human Rights” estimated in 2005 that 100 million people, or around 25% of the world’s population, still live in substandard housing or without it. A roof over one’s head is only one aspect of the right to housing. Additionally, it comprises a respectable area that offers safety, ventilation, light, a stable infrastructure, weather protection, and adequate access to work and other necessities.
The government must redefine its priority and set the provision of decent, affordable homes for everyone as its highest agenda. Reconceptualizing the mindset toward human rights and political rights is a discourse that must revolve around rights beyond project-oriented solutions but rights that would enable smooth passage of the right kind of housing to everyone.
Urban Growth, Poverty, and Housing Ownership Disparities
As a result of urbanization, the gap between economic development and housing accessibility has increased, forcing low-income households into overcrowded slums. Slums are unhealthy areas with an inadequate supply of water, poor sanitation, and no electricity. Slum dwellers are at risk of eviction due to insecure tenure and poor legal protection. The lack of inclusive urban planning and policy on affordable housing worsens the problem. We need sustainable housing solutions, slum upgrading, and better legal protection for the vulnerable.
However, the distribution of home ownership in India reveals notable differences between rural and urban settings. While an impressive 95% of households in rural regions own their homes, this figure drops to just 69% in urban areas, largely due to a significant number of migrants in cities.
Data from the 2011 Census indicates that house ownership rates differ not only by state but also by the size of the city. The three southern states—Tamil Nadu, the former Andhra Pradesh, and Karnataka—exhibit urban homeownership rates that fall below the national average.
Right to Shelter: Constitutional Promise, Grim Reality
“The right to shelter comes under Article 21, right to life and personal liberty of the Indian constitution, and the Supreme Court gave a landmark judgment in the case of Olga Tellis v. Bombay Municipal Corporation (1985)” It says that the right to human dignity, which encompasses the right to suitable housing, is an important part of the right to life. Under the Directive Principles of State Policy (DPSP) in the Constitution, Articles 39(a) and 39(b) emphasize the right to adequate means of livelihood and the equitable distribution of resources.
Still, when we look at the government’s conduct, all we find is disappointment. In India’s capital, Delhi, the situation is indeed more intimidating. Despite government expenditures to provide shelters, the conditions are frequently unliveable. The shelters are so bad that it’s hard for creatures to survive there, yet humans are forced to live in them. In spaces meant for 100 people, 300 to 400 people are squeezed together. Who knows how many other problems these homeless individuals face? This issue isn’t limited to one country. Indeed, people in so-called advanced countries are forced to sleep on the streets in temperatures as low as -4 °C.
Breaking Barriers: Challenges and Solutions in Affordable Housing
Housing is the biggest difficulty in India. One of the main challenges is migration. The migration of much of the city population from rural areas to metropolitan cities is largely for employment opportunities in cities only. Not enough houses are available in metropolises; therefore, the irony of overpopulation and informal arrangements is a strong push. Migrant labourers from the economically poor segment of society are victims of harsh realities of poverty while they cannot afford any type of housing simply due to high rents but also due to what could only be termed as discrimination by their landlords. That is why so many of them end up living in slums, in illegal colonies, or in temporary shelters with inappropriate conditions of sanitation, water supply, and structure.
Other challenges include slum proliferation. Slum expansion poses a big challenge to affordable housing by taking up valuable urban land, putting pressure on infrastructure, and preventing redevelopment. Informal settlements expand, occupying areas that might otherwise be used for organized housing schemes, usually without titles and minimum services. Governments are unable to resettle the inhabitants, while private developers are deterred by low property value and poor infrastructure. Moreover, slum overpopulation raises the demand for affordable housing, driving prices higher and making it unaffordable for poor households. “According to the 2011 census, the slum population in India is roughly 65 million, which is 17% of urban India”. Maharashtra has the largest number of slum dwellers (people who live in slums). There were 11.8 million slum dwellers in the state, according to the 2011 census.
Solutions for Affordable Housing
The challenges posed by rural-urban migration and slum expansion necessitate an integrated solution. Slum upgrading initiatives need to provide infrastructure, sanitation, and basic amenities for residents while not slum displacing them. Public-private partnerships are crucial in financing and building affordable housing and incentivizing developers to produce low-cost units. Urban planning reforms should integrate environmentally friendly zoning measures to avert more slum growth and support organized housing development. Additionally, investment in peri-urban and rural economies can lessen the burden of rural-urban migration by providing good-paying jobs, thereby alleviating urban-bound expansion.
The government should expand financing support programs through such low-interest housing loans and rental subsidies for low-income families. By bringing together all these strategies, cities can promote inclusive development, making sure that everyone has access to secure and affordable housing while reducing the effects of slums.
The government takes various initiatives to provide houses to individuals and corporations. The government offers subsidized loans through the Credit Linked Subsidy Scheme (CLSS). It is a government subsidy program that provides loan interest subsidies on housing loans for the “Economically Weaker Section (EWS) and Low-Income Group (LIG)”.
The Pradhan Mantri Awas Yojana (PMAY) scheme provides ‘pakka Makan’ at an affordable price to all homeless people. On 1st September 2024, PMAY-U2.0 was launched, in which financial assistance is provided to “1 crore urban poor and middle-class families”.
International Perspective on the Right to Shelter
Living somewhere with their culture and having all services, schools, and jobs without worrying about your home or lands being taken away. Over 1.2 billion people live in substandard housing, have no access to basic utilities like power, water, and sanitation, and frequently face the possibility of being forcibly evicted.
“The right to shelter or adequate housing is mentioned under Article 25 of the 1948 Universal Declaration of Human Rights and According to Article 11.1 of the International Covenant on Economic, Social, and Cultural Rights”, the right of everyone to an adequate standard of living for himself and his family (includes a right to adequate food, clothing, and housing). This paragraph expresses the paramount importance of ensuring the dignity and security of the lives of all human beings.
Multiple countries around the world have an indigenous right to adequate housing. For example, Italy’s constitution has Article 31, which guarantees the right to housing; Argentina’s constitution includes Article 25; and Colombia’s constitution has Article 51, which ensures acceptable and affordable housing. The UDHRC’s Article 25 also mentions the right to shelter.
Singapore: An example of affordable housing
Singapore gained independence from the British Empire in 1963 and from Malaysia in 1965. At the time of independence, only 9% of the population lived in public houses provided by the government, and as of 2024, approximately 90% of the Singaporean population had their own houses. The transition happened because of the well-settled government and the HBD (Housing Board Development) set up in 1960 to address the housing crisis.
Conclusion
Therefore, in comparison to the past, the availability of houses is better in urban areas now, but there is still a need for effective policies to tackle this housing problem. Still, there is a huge difference in house ownership between rural and urban areas. Though there are multiple challenges for affordable housing for all poor and slum dwellers, government PMAY and other programs exist as appreciable programs for those who need shelter on their heads. However, there is a strong necessity for an approach that includes urban planning, resource allocation, and community involvement.
Author: Dishank Kumar Gautam is a first-year B.B.A. LL.B (Hons.) student at Dharmashastra National Law University, Jabalpur
Co-author: Priyanshu Singh is a first-year B.Sc.LL.B (Hons.) student at National Forensic Science University, Gandhinagar
