Slums, Housing and Evictions: The Contested Domains of Law and Human Rights

Abstract

Justice and law are often not synonymous, and even when just laws exist, they are often ignored or applied only in certain circumstances. In August 2020, the Supreme Court in M.C. Mehta v. Union of India, 2020 ordered the removal of 48,000 slum dwellings in Delhi, bringing back the discourse of “illegal encroachment” concerning slums in Indian cities. This position is in conflict with the poor’s livelihoods and their right to adequate housing. The state’s role is being questioned as it fails to provide basic necessities for its vulnerable citizens. This paper critically analyzes the Supreme Court’s order, focusing on Human Rights Violation, lack of rehabilitation plans, elite bias, and ignorance of previous judgments. It presents the issue within the Human Rights- Based Framework of development, considering the “Right to Adequate Housing” as a human right and eviction as a violation. The paper also discusses the “public interest” discourse, which has been invoked by the middle-class or bourgeoise environmentalists to build a culture of silence and acceptance around such evictions