Right to Shelter' is included under which fundamental right by the Supreme Court?

Question

Accepted Answer

The correct option is 4:

The correct option is 4: Right to freedom. In the context of Fundamental Rights in the Indian Constitution, the "Right to freedom" often refers broadly to the rights guaranteed under Article 19 (freedoms like speech, assembly, association) and Article 21 (Right to Life and Personal Liberty). The Supreme Court of India, through its progressive and expansive judicial interpretation, has included the Right to Shelter as an indispensable part of the **Right to Life** guaranteed under **Article 21** of the Constitution. Article 21 states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." The judiciary has repeatedly emphasized that the "Right to Life" does not mean mere animal existence but the right to live with dignity. Adequate housing is considered a precondition for human dignity, health, and development.

Key judgments, such as *Olga Tellis v. Bombay Municipal Corporation* (1985) and *Francis Coralie Mullin v. Administrator, Union Territory of Delhi* (1981), established that the right to life includes the right to the basic necessities of life, which encompass shelter. Without a roof over one's head, life cannot be lived with dignity. Therefore, by judicial precedent, the Right to Shelter is deemed an integral component of the Right to Life and Personal Liberty, falling under the broader category of Right to freedom (specifically Article 21, which secures the most vital aspect of personal freedom—life itself).

The incorrect option is 1:

The incorrect option is 1: Right to equality (Articles 14-18). The Right to Equality ensures that all citizens are treated equally before the law and prohibits discrimination on various grounds. While achieving the Right to Shelter is often a matter of social and economic equality, the constitutional basis for its enforceability as a fundamental right does not stem directly from Article 14 (Equality before Law). Article 21 is a comprehensive guarantee of life and personal liberty, which the Court interprets expansively to include basic necessities. Although shelter rights involve equal treatment and non-discrimination, the primary constitutional origin of the right to shelter is the guarantee of life with dignity, not the guarantee of equality itself. The right ensures a dignified life, a concept far broader and distinct from the concept of non-discrimination.

The incorrect option is 2:

The incorrect option is 2: Right against exploitation (Articles 23-24). This fundamental right specifically addresses issues such as the prohibition of trafficking in human beings and forced labor (Article 23), and the prohibition of employment of children in factories, etc. (Article 24). These articles aim to prevent severe forms of abuse and economic exploitation. While the lack of shelter can lead to greater vulnerability to exploitation, the Right to Shelter itself is not directly a prohibition against exploitation. It is a positive right established to ensure a decent standard of living, whereas the Right against Exploitation is a protective, prohibitory right concerning specific harmful practices like bonded labor or child labor. Therefore, the scope and purpose of Article 23 and 24 do not cover the requirement for a home.

The incorrect option is 3:

The incorrect option is 3: Cultural and educational rights of minorities (Articles 29-30). This set of rights is specifically designed to protect the interests of minority groups, allowing them to conserve their distinct language, script, and culture (Article 29), and granting them the right to establish and administer educational institutions of their choice (Article 30). These rights pertain exclusively to the preservation of cultural identity and educational autonomy. The Right to Shelter is a universal necessity pertaining to the right to life for all citizens, regardless of their minority or majority status. Thus, the constitutional mandate for shelter cannot be traced back to these minority-specific protective provisions.