Published On: 9th September, 2024
Authored By: Dimpal Sharma
Jaipur National University, Jaipur Rajasthan
Case Name: Olga Tellis v. Union of India
Year: 1985
Court: Supreme Court of India
Issue: Whether the right to life under Article 21 of the Indian Constitution includes the right to housing and livelihood, and if so, whether the demolition of the petitioner’s home by the Bombay Municipal Corporation violated this right?
Rule:
Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The Supreme Court has interpreted this article to include the right to live with dignity, which encompasses the right to housing and livelihood.
Application:
The Supreme Court applied the rule to the facts of the case and held that:
– The right to life under Article 21 includes the right to housing and livelihood, as these are essential components of the right to live with dignity.
– The demolition of the petitioner’s home by the Bombay Municipal Corporation without providing alternative accommodation violated her right to housing and livelihood, and therefore her right to life under Article 21.
– The State has a constitutional obligation to provide adequate housing and livelihood opportunities to its citizens, and the Corporation’s actions failed to meet this obligation.
Conclusion:
Therefore, the Supreme Court concluded that:
– The demolition of Olga Tellis’ home by the Bombay Municipal Corporation was unconstitutional and violated her right to life under Article 21.
– The Corporation must provide alternative accommodation to the petitioners.
– The right to housing and livelihood is a fundamental right under the Indian Constitution, and the State must take steps to ensure that all citizens have access to adequate housing and livelihood opportunities.
