Volume : I, Issue : X, July - 2012

A Socio–Economic And Statutory Approach Towards Right To Life

Manish Parshuram Pawar, Dr. Ashok Pawar

Abstract :

Article 21, i.e. right to life and personal liberty in its scope include right to shelter. Food, shelter & cloths are the basic needs of human beings. If we take example of shelter, Olga Tellis a writ proceeding in the High Court, the pavement dwellers gave an undertaking that they would not claim any fundamental right to put up huts on pavements or public roads and that they would not obstruct the demolition of the huts after a certain date. Later when the huts were sought to be demolished after the specified date, the pavement dwellers put up the plea that they were protected by Article 21. It was argued in the Supreme Court that they could not raise any such plea in view of their previous undertaking. The court overruled the objection saying that Fundamental Rights could be waived. There can be no estoppel against the constitution which is the paramount law of the land. The constitution has conferred fundamental rights not only to benefit individuals but to secure the larger interests of the community. The court observed: “No individual shall cash barter away the freedoms conferred on him by the Constitution. Therefore in spite of their earlier undertaking in the High Court, the pavement dwellers are entitled to raise the plea of Article 21 of the Constitution in their favor. It means court only gave directions only considering any right as a fundamental right would suffice the purpose? As we experienced in our day to day life there are so many people who having no roof on their head state government and Central Government have many housing polices. Then why the houseless people live here & there on footpaths. It is a big antithesis in this democratic country that we declares only hollow declarations. Because of non implementation of this right again in Shankar Gauri v. Union of India held that shelter is not fundamental right.

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Article: Download PDF   DOI : 10.36106/ijar  

Cite This Article:

Manish Parshuram Pawar,Dr. Ashok Pawar A Socio-Economic And Statutory Approach Towards Right To Life Indian Journal of Applied Research, Vol.I, Issue.X July 2012

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