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SAFEGUARDING THE HOUSING OF HOMELESS WOMEN IN INDIA THROUGH LEGAL ALLEVIATION- A CONSTITUTIONAL APPROACH.
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SAFEGUARDING THE HOUSING OF HOMELESS
WOMEN IN INDIA THROUGH LEGAL ALLEVIATION- A CONSTITUTIONAL APPROACH.
Authored By - DR. TANAYA
PRAMOD KAMLAKAR
Ll.M., Net, Ph.D.
Assistant Professor, Maharashtra National Law University, Mumbai (Mnlum) Tanaya.Kamlakar@Mnlumumbai.Edu.In 7767058500
Abstract:
Housing, though might mean providing a „safe harbour?
to withstand the hardships of human life by securing person and property, is
still obscure for many oppressed, impoverished and marginalized sections of the society including women.
Quintessentially, the subservient and menial
status of women in India objectifies housing and shelter as a by-product of
male chauvinism. Discrimination, financial dependence, poverty,
illiteracy, patriarchy, socio- cultural factors,
violence against women
contributes to the
multitude of their plight. Considering these unequal traits of Indian
society, the makers of the Constitution of India
have devised the affirmative action
for securing various rights of women. Resulting from this Constitutional scheme the Right to adequate
housing and shelter
has been construed as Right to life under Article
21 and also placed under the Directive Principles of State Policy. The human right to adequate housing also has an
intrinsic nexus with other human
rights, including those required for the fulfilment of an adequate standard of
living. India has ratified several
international human rights instruments, which mandate the guarantee
and protection of the human right to adequate
housing. Thus, India should abide by its international legal obligations by
ensuring that the schemes formulated in consonance with the
international manuscripts, fulfils the goals of women empowerment.
The
Judiciary, through its myriad judgments, have acknowledged the rights of women
and the need for adequate housing
as a matter of right. The paper discusses various Constitutional safeguards and affirmative actions
in the light of judicial pronouncements. This paper aims at
suggesting certain remedies to overcome the phenomenon of homelessness by way
of introducing a four-fold policy.
The issue of homelessness and vulnerability of women must be addressed by the policymakers by
adopting a more holistic approach wherein four fold strategies viz., sensitization, employability; livelihood and housing for women can be included.
Key words: Homeless, Women, Constitutional rights,
housing
1.
Introduction
In the advent of „empowerment? where the society
reckons a „social renaissance? to result into
absolute egalitarian social circumference, the womanhood is still struggling with its basic subsistence.
The rhetoric of „women empowerment? must be measured on the yardstick of „how hard it is to be a woman? as most woman
whimper to rank their utmost dissatisfaction of being born a woman. Considering the amelioration of mankind in the
contemporary era, womanhood still seems
to insinuate battling
the same old battle of freedom from male dominated society. This
„emancipation? of women should break all the cliché delusions to bring
everything into reality including the
housing and right to shelter for
women which is envisaged within right to
life under the Constitution of India. It appears as a glaring lacuna on
the backdrop of seven decades of
independence wherein the housing and right to shelter for woman has still
remained a daydream for sizable
female population thereby making them socially paralysed.
The issue of „right to shelter? thus requires a two-fold dissection that is, „recognition? and „actual realization? of the right. As rightly
pointed out by the OHCHR[1], „the right
to adequate housing is a
central component of women?s right to equality under International human rights
law.? While international and
national laws progressively recognize women?s right to adequate housing, considerable gaps still exist in its attainment due to large
scale denial.
Present paper attempts to encompass various factors
contributing grave deprivation of women from
right to shelter and housing, the cross-section of Indian social structure
wherein the lacunae have been
pointed in order to infuse the correct analogy to overcome the imbroglio in
fulfilment of women rights. This paper embarks
a journey wherein,
the incessant palaver
of women empowerment should yield the enriched fruits for women by conscious policy making and holistic
approach. It emphasises on educating women about their right to shelter,
enhancing the employability skills
and suggests a substantial framework to secure the livelihood of the targeted women beneficiaries.
2. Deploring the relegation of Women:
A critical study of the factors responsible for homelessness
of women.
The status of women in India hardly needs a gander at
the past as even today the status of women
is debilitated. The history has witnessed women going from phases to
eventually evolve and yet stand at a
menial position as that of men. Despite various legal safeguards given to
women, the fortuity of a lucrative
implementation and the achievability of its goals are contingent on the societal
demeanour. During the Vedic period,
the glory accorded
to women was at its zenith. This glory eventually started declining in the post Vedic period as women lost their independence
and became a subject of protection. Women
came to be categorised as a domestic chattel
and the property of her master in this era of Smritis.[2]
The graph of disempowerment and inequality
started ascending and attained its peak in the medieval period. Since this
period the development of women in
our country is thwarted. The androcentric approach has been adopted which has
become deep rooted in the culture
and psyche of India.
The clemency was perceived during the British rule
wherein the multifarious agitations and staunch
voices for recognising women rights were raised by Indian leaders and
activists. It was this period when
the world was also witnessing the first wave of feminism through the Women?s Right
movement which had arisen in the United States of America with the Seneca Falls Convention of 1848. Further, the
writings of Elizabeth Cady Stanton and Mary Wollstonecraft acted as a spur to realising importance of
women rights.[3] This
concern was revitalized during the drafting
of Constitution which superimposed on the need for elevating the status of
women through the Constitutional
troth. The insertion of provisions in Constitution awakened the faith in equality thereby safeguarding the rights
of women under Article 15(3). This was the first step taken towards achieving
rights of women and gender
justice.
After the Constitutional mandate under the fundamental
rights, various other statutes also aimed at dispensing
the Constitutional guarantee
thereby including legal provisions for the betterment
of women. Though legally many steps have been taken to equate the status
of women with men, socially and culturally there
are many obstacles which still prevail.
There is a catena of factors responsible for
exploitation of women, each of them having nexus with the societal credo. Women are perceived as a vulnerable,
inferior gender and debased upon her
spouse or her family for her sustenance. Deprivation of adequate housing for
women adds to this quandary. In the
wake of gender equality and rise of feminism, the issue of adequate housing has been broached world-wide. Lack of
adequate housing and the fear of being eliminated from their shelters for resisting violence precipitate the frailty of women in
India. Besides, widows face extreme difficulties while rehabilitating themselves. In a report by the Committee constituted under the direction of The
Supreme Court (Vrindavan Committee), one of the factors responsible for the lack of control over property by widows was
due to the subversion of the process of succession and ending the ties with the childless woman.[4]
Violence and cruelty against women drives them to
escape their marital houses which in turn makes
them homeless. The WHO?s viewpoint regarding Indian women states, “Violence
against women causes more deaths and
disability than many diseases put together and violence against women is a common phenomenon in Indian
society.”[5]
Violence and cruelty is not just limited to physical aspects.
There are sundry other ways for suppressing women ranging from mere intimidation to murder and rape inclusive
of marital rape. Domestic violence at marital home, sexual violence at workplace and public places,
victims of trafficking, commercial sexual violence like prostitution and gender
based violence which are deep rooted in Indian system are some of the reasons that contribute to helplessness of women.
Poverty, illiteracy and lack of resources are
responsible for unemployment of women which leads
to financial dependency. However, during the post-independence period in India
there has been a stable rise in the
literacy rate and job opportunities for women.
These job opportunities are
from the unorganized sector which in turn raises concerns for job security
compelling women to continue
working in antagonistic conditions.
Besides, the unaffordable day-care facilities
compel women to quit their work and yet be dependent on their spouses for earning.
Discrimination against women is easily discernible and is reflected
at every juncture
of opportunities. Women often are subjected to discrimination in terms of access, control,
ownership, and inheritance of land, property, and housing. This is experienced by women who are homeless/landless; displaced; SC/ST; single, including
widows; enormous population being migrated; of sexual and religious
minorities; and, living with mental illness, HIV/AIDS,
disability, and poverty
as mentioned in the report submitted to UN.[6] The transgender and lesbians
are banished by parents. Besides forced evictions and displacement and
resettlement due to land acquisition and slum demolitions makes women homeless.
With every factor of homelessness, the elements affecting
livelihood and dependency tend to rise. The age-old women face abuse and ill treatment from their children
which in turn makes them feeble. Due to incapacity and susceptible nature of
these women they become homeless after being eliminated from house. Single
women are not easily given
properties on rent by the owners of houses or land
as a preconceived notion that women would not be able to earn and pay the
amount of rent on specified
intervals. The mounting rise of rates of property makes it impossible for a few
to purchase a new shelter, especially
in the urban areas. Besides, there
are multiple factors affecting their
rights to own and acquire land. Thus, the tale of homeless women has many
chapters, each having nexus with the gender discrimination and
inequality.
3. Exploring the Constitutional safeguards of adequate shelter
for women: Constitutional overview
From an International Law perspective, adequate housing was recognized as part of the right to an adequate standard of living in the
1948 Universal Declaration of Human Rights and in the 1966 International Covenant
on Economic, Social and Cultural
Rights. Other international human rights treaties have since recognized or referred to the
right to adequate housing or some elements of it,
such as the protection of one?s home and
privacy.[7]
Colloquially, the Constitution of India has safeguarded
various rights of women from the socio- politico-economic
and cultural barriers. In consonance with it, right to shelter has been
extended under right to life by
construing it as a fundamental right by the various judicial pronouncements. Thus,
women and their right to shelter becomes
a pivotal right to ensure the housing and residence rights
of the women belonging deprived, impoverished and marginalized sections of the society. Principally, Part III of the
Constitution of India which is considered the epitome of rights provides myriad
rights for the protection of women rights
such as Article
14, Article 15 and more pertinently clause (3) of the
Article 15 empowers the government to make special provisions for the women and children provides for the
Constitutional safeguards. Affirmative action?
or the „protective discrimination? is constitutionally permissible under the
scheme of fundamental rights
by virtue of this clause.
Article 19[8]
provides various freedoms including freedom of speech and expression of Article
19 and the right to reside in any
part of India. Thus, „residence? has been recognized as an integral of the freedom under the fundamental
rights chapter of the Constitution of India thereby giving women equal
right to that of men counterparts to reside freely throughout the territory of India.
Article 21[9] of
the Constitution of India provides for the plethora of rights to the women.
Right to life under Article 21 is
interpreted to be, something more is meant than mere animal existence. The inhibition against its deprivation
extends to all those limbs and faculties by which life is enjoyed.[10]
Right to live with human dignity: right to live is not merely a physical right
but includes within its ambit the right to live with human dignity.[11]
The Supreme Court of India in a landmark decision held
that, “the right to live includes the right to
live with human dignity and all that goes along with it, viz., the bare
necessities of life such as adequate
nutrition, clothing and shelter over the head and facilities for reading
writing and expressing oneself in
diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to
basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the
bare minimum expression of human self.”[12]
Right to shelter which basically originates from the
constitutionally guaranteed fundamental rights was however, had different placement under Constitutional scheme.
The Article 31[13] of the
Constitution of India earlier granted the „right to private property? as a
fundamental right. However, by virtue
of 44th Constitutional Amendment Act, 1978 the said Article was
repealed and the right to private property
was removed from the fundamental rights and it was placed merely as a legal right under
Article 300A.[14] It is a settled position that, although right to property is not fundamental right, the „right to shelter?
does come under the ambit of fundamental right under Article 19 (1) (e)
read with Article 21 of the Constitution of India. According to Articles 38[15]
and 39[16]
of the Indian Constitution imposes responsibilities on the state to provide opportunities and promote
the welfare of the people. According to article 38 and 46 efforts should be made by the state to reduce income
inequalities The basic needs of man includes three food, clothing, and shelter. In P.G.
Gupta vs. State of Gujarat & Ors[17], the Supreme
Court held that food, shelter and clothing are the minimal human rights. The
court reiterated its earlier expansion
of the right to residence
and settlement by again holding that, it is a "fundamental right under Article
19(1)(e) and it is a facet of inseparable meaningful right to life under
Article 21" of the
Constitution of India.
The cognizance of the issue of homelessness was taken
over by the judiciary in PUCL v. Union of
India[18]
wherein the Supreme Court of India took the note of it as a violation of human
right to adequate housing.
The Court also observed the ratio of minimum one shelter against
the population of per lac
population at every major urban centre. The judiciary also clarified and insisted that, such shelters must remain
operative on throughout the year on daily basis and ought not to be set up as any intermittent facility
for winters or night stay. The Constitutional safeguards are thus paramount
in the recognition of right to shelter for women in India.
4.
Adequate
Housing: Vicissitudes of implementation
and realities
Land and housing are two most indispensable components of
human security and solidity. As pointed
out rightly in Chameli Singh and others v. State of Uttar Pradesh,[19]
by K. Ramaswamy, “Shelter for a human being, therefore, is not
a mere protection of his life and limb. It is home where he has opportunities to grow physically, intellectually
and spiritually. Right to shelter, therefore, includes
adequate living space, safe and decent structure, clean and decent surroundings,
sufficient light, pure air and water, electricity, sanitation and other civic
amenities like roads etc. so as to have easy access to his daily avocation. The right to shelter, therefore, does not mean a mere right
to a roof over one?s head but right to all the infrastructure necessary to enable them to live and develop and develop as a human being.
Right to shelter when used as an
essential requisite to the right to live should be deemed to have been
guaranteed as a fundamental right. Want of decent residence
therefore frustrates the very object of the constitutional
animation of right to equality, economic justice, fundamental right to
residence, dignity of person and
right to live itself.”[20]
The importance of dwelling units and
adequate housing has been accentuated in many other judgments. It forms a part of basic fundamental rights of citizens.
Despite the Constitutional safeguards,
the figures of landless houses are evident from the index of landless persons
and the data on homeless. The total
number of households in the country is 24.49 crores. Out of this, households considered for deprivation is
equivalent to 10.74 crores and the number of female headed household with no adult male member between 16 and 59 is
69.43 lakhs as per the Socio Economic
and Caste Census (SECC) 2011. [21]
It is evident from these figures that adequate
housing is not only a subject matter of discrimination against women in
India but also a gross violation of
their fundamental rights. There is a need to rectify the gender mainstreaming and also giving
equal participation given to
women in decision making to fill this void.
The concept of affirmative action which aims at
securing the goals of gender equality
through the legal alleviation is an endeavour
in providing adequate housing to women. The journey from„ development of women? to „empowerment of women? has been remarkable. Numerous strategies
have been devised by the State to execute the welfare plans for legions of
women who have been oppressed from
the time when Constitution has harnessed them with fundamental rights. Myriad legislations have been
passed for women and their security. In pursuance of these legislations and National Welfare Schemes
for women, many schemes have made significant
provisions for uplifting the status of homeless women. The focus being on housing policies, planning of housing colonies and providing adequate and safe housing
and accommodation for women including
single women, heads of households, working women, students, apprentices and trainees has been included in the
National Policy for Empowerment of Women, 2001 by the Ministry of Women and Child Development.[22] The draft National Policy for Women, 2016 aims
at fabricating temporary or permanent
shelter homes for women survivors
of domestic violence
to make women feel safe and secure. [23]
Various schemes have been reinforced to strengthen the
Constitutional viewpoint. The scheme of Working Women Hostel established in
1972-73 for providing hostel facility for women safety and convenience also acted as a starting point of considering
safe shelters for women in India.[24] After the establishment of National
Commission for Women in 1990 the welfare of women has been fortified. The
Indira Awas Yojana is earmarked for allotting the houses in the name of the female member of the beneficiary
household or in the joint names of husband and wife.[25]
7.9 million Houses have been
constructed being in line with this scheme.[26] The One Stop Centre Scheme which intends
to protect women facing violence
provides temporary as well as long term shelter facilities to aggrieved
women.[27] The
implementation of „Ujjwala? and ‘Swadhar’
schemes for „Women in Difficult Circumstances? with a view to
rehabilitate women who have been
oppressed and victimised due to trafficking and violence has paved a way for
empowerment of women in India. Besides, the Scheme of Shelters
for Urban Homeless
(SUH) of the Deendayal
Antyodaya Yojana - National Urban
Livelihoods Mission (NULM) provides for could
be designed to cater to the needs of women and their dependent children.[28]
The scheme has been devised with an
objective of providing permanent shelter and essential services to the urban homeless population in the country. The
scheme aims at providing shelter for women as a separate category. The role of NGOs in providing shelters
is remarkable.[29] However,
the rehabilitation of women under these schemes is appurtenant to the criteria
mentioned under the schemes. There has to be a complete rehabilitation thereby
providing affordable permanent shelter
to women. This shall need women to be significantly educated and capable of
being employed. The schemes of
providing homes also have educating women on their agenda of empowerment.
Despite having such schemes for the welfare
of women and providing them the shelter,
the reality yields different
results in the laboratory of society due to poor implementation of these schemes. In a writ petition filed by
against the Union of India, it was observed that an amount of Rs. 2185.50 crores was made available to
the States/UTs and the total
expenditure reported by the States is
Rs. 1222.90 crores.[30] The Courts have expressed displeasure over
the sad state of implementation of
schemes. A panel study done by the Supreme Court has revealed that there is no shelter for 90% of urban homeless
people due to the failure of implementation of schemes by the State Governments.[31]
Unspent balance by the States is also one of the major reasons for failure of these schemes.[32]
The over-crowding of these shelters in the States of outweighing the shelters in terms of the homeless
population has made it difficult for women to accommodate in these places coupled with the anxiety of
living with the drug addicts.[33]
The shelters are run by untrained
staff with no SOPs available for
dealing with any crisis or exigencies.[34] A strict
scrutiny of the numbers of women being benefited from these schemes is
not yet in consonance with the vision
and mission of the Central Government.
Various aspects need consideration while dealing with this issue. A
noteworthy implementation of these schemes is seen in Delhi.[35] Despite
an attempt at providing adequate
temporary residence, this scheme entails
an uninhabitable state, lack of adequate space
for sleeping and storing personal
possessions; the deprivation
of clean and hygienic conditions for stay; tainted bedding; trapped mosquitoes,
rats, dust; and the lack of safety
and security, especially for women. Besides, sleeping in these shelters with men becomes uncomfortable for many women.[36]
It is evident that the Government has taken a
noteworthy initiative of providing shelters for its homeless subjects. Considering the pitiable state of women and
vulnerability, the scheme has promised
at least one such shelter for women would be constructed. Though the scheme
assures maintaining the normal safety
and hygiene in its facilities, the actuality necessitates scrutiny and investigation.
5.
Unearthing the beneficiaries of Shelter schemes:
Categorisation of women for entitlement.
The term of gender equity, equality and gender equality
is culminated through a fair treatment given
to both the genders. The biological difference between men and women needs a
thorough cogitation. The vulnerable
and weak health of women should be given due consideration thereby increasing the number of houses made especially for women. While according shelters
to women, other factors from
the human rights perspective need anticipation and strategies for combating. Hygiene, security and privacy
are the major concerns of women safety while giving adequate shelters.
The beneficiaries of these schemes shall be classified
into categories. Many schemes provide for a priority
based selection of beneficiaries. Affordable housing shall be incorporated in the scheme thereby providing a permanent
structure in place of portable aluminium cabins for the educated yet helpless women. Classifying single women, working
women and women in need of care and
protection in order to provide respective housing has been suggested by the
Supreme Court Commissioners? manual.[37]
Under The Persons in Destitution (Protection, Care and
Rehabilitation) Model Bill, 2016, a referral
unit along with counselling unit for providing
counselling for the homeless was introduced. Women who have escaped their marital homes due to violence and torture are also the sufferers of depression. The
rehabilitation and counselling of women can be done before giving entry to these women. The background of these women should be considered and if there is any possibility of merger with
the families, initiatives should be taken. Homeless women are easy targets for sexual abuse and assault.[38]
The homeless women who are seen wandering at
nights in search of food or otherwise
are stigmatised for being characterless and can be victims of sexual
abuse.
Furthermore, the women who are young and capable of
working shall be given vocational training
and shall be engaged in skill development activities. The age old women and
pregnant women shall be given special care with doctor visits and monthly check-ups. The police patrolling and police intervention shall
be increased in remote areas thereby committing women to the shelters in times of torture and oppression.
Conventionally, women are considered to be dependent
and comparatively less intrepid while staying alone. Primary medical assistance
and psychological care should
be given to the women who are in
need of succour.
6. Way forward:
Impending adequacy of adequate housing
The goals of adequate housing for women can be achieved
through following four-fold approach thereby assuring
sustainable housing and right to shelter of women.
a) Gender Sensitization:
The preponderance of patriarchal tendencies at every
stage of social life casts doldrums on the womanhood
in India. One of the central issues of homelessness of women is absence and lack
of control of women over land. At the
primary level, gender sensitization and awareness about the rights of women shall be undertaken by the
Government as well as public spirited persons. Such sensitization can be channelized through
community level workshop
on inheritance, social interaction
programmes, camps and social gathering organized especially for the women.
There are examples of failed
government schemes wherein in-spite of having potentially beneficial purpose such scheme falls short in
achieving the desired outcomes. Thus, learning from such failures[39] it must be made sure that, whilst securing „right to shelter?
for the women the SGHs (Self Help Groups) can also be
formed, the troubleshooting mechanism, single window system to address
all the women
housing related queries must be kept at the forefront of the policy making.
b)
Employability
When it comes to the „housing? or „shelter rights
of the women? it is equally important
that, such women to whom policy makers are considering as potential beneficiaries must have employability skills to support their
housing rights. Merely granting or enabling the women eligibility to grant shelters and housing would not accrue
expected results as the men in their families,
or men relatives might compel women to handover or transfer such shelters from
them. Thus, if a policy or scheme
comes with a pre-packed provision of creating employability and skill development for the women to whom
the shelter and housing is to be secured, the women can maintain themselves on the basis of such employment skills
and can also successfully sustain their
housings as well without any interference of their male counterparts. By taking
help from dedicated NGOs for training
and an inclusive approach, the women can hold their right to shelter in utmost sustainable way and
subsist their being.[40]
c)
Livelihood
In today?s era of transition, single mothers, deprived
and impoverished women will have most severe
hardships to secure their basic fundamental needs in comparison to others.
Amidst this, if any scheme or
initiative by the government is endeavouring to secure shelter and housing for such women, it must be coupled with the
opportunities of the livelihood for the women. Every woman who is considered as the beneficiary of such schemes must
be ipso facto entitled for the livelihood opportunities in various
sectors. The policy makers can device a mechanism by which the required workforce in various sectors
such as self-employment, household aids, agriculture- oriented employments
or alike shall be secured for such beneficiary women.
d) Housing:
Ever since rights and empowerment have been into consideration, the State has devised a series of unalloyed strategies for providing
safe shelter to women. However, the gap between policies on paper and implementation needs to be bridged to encapsulate the true standards
of „adequate housing.? Besides
many recommendations of UN Special Rapporteur on adequate housing, the measures
that can be taken on basic
fronts are:
i)
The dilapidated Government offices should be converted into Shelters for women.
ii)
The houses once provided
to women shall be free from the threat of dispossession and violence with timely efforts for employment.
iii)
Installation
of CCTVs on the entry and exit gate of shelters for security of women shall be undertaken. Database of entries
shall be maintained by the State after categorisation.
iv)
The Persons
in Destitution (Protection, Care and Rehabilitation) Model Bill 2016, shall be passed after making appropriate changes
inclusive of provisions for permanent houses registered in the names of women. Besides, certain
acts in contravention of security
of homeless women shall be
made punishable in the Statute.
v)
Uneducated and women without income who have inherited
land and shelters shall be provided for assistance in updating the land records
through legal aid.
vi)
The educated classes who can be given opportunities of
employment should be given employment thereby
introducing schemes of easy loan facilities and low instalments.
7.
Conclusion
The veracity of the plight of the homeless women can be
testified through the ever-growing violence
and myriad social insecurities faced by them. It?s also noteworthy that, lack
of adequate housing and shelter
alone gives rise to plethora of other agonizing circumstances for women such as their vulnerability to sexual abuse,
financial exploitation, trafficking, social suppression etc. The nexus of homelessness thus underscores
the instances of rape, molestation and physical abuses of women who are forced to spend sleepless nights
guarding their young adolescent girls. This
picture is quite common in India wherein women are subject to various
atrocities by the men. Lack of access
to effective medical and healthcare, starvation and malnutrition etc. are also additional factors emanated from the
homelessness of women. Being akin to this scenario the Harvard Law School Library has prepared a guide for the women?s
housing and shelter rights wherein it
has pointed out a strategy such as the right to shelter in general, right to
affordable housing, right to housing
that is habitable and right to security of tenure.[41]
The same can be utilized for Indian counterparts wherein the deliberate
attention can be given to create permanent
and mobile shelters for the homeless women by segregating them based
upon their requirements such as women
survivors of violence and abuse; working women; destitute and unemployed women; pregnant and lactating women; women
suffering from malnutrition and other medical
issues; and mentally
and physically challenged
women etc. Such categorization shall be helpful
to arrange the adequate and most appropriate housing and shelter needs
for the women as each category
requires specific type of shelters and resources. Thus, social and executive
expertise must be optimally utilised
by the governmental level to set up the housing facilities and securing the right
to shelter of women.
The Constitution of India has rendered sufficient room for the policy makers and for the legislators to broaden the contours of the
right to shelter so as to bring it under the right to life. The judiciary has also widened the path of
adequate housing for the homeless women through myriad precedents and guidelines. Thus, whilst deliberating upon
the issue of right to shelter and adequate
housing for the women, a conducive eco-system of social security must be framed
out. To encapsulate this debate,
present paper reiterates that, homelessness ought not to be seen as a single issue of womanhood, rather it must
be seen as a constitutionally safeguarded right under right to life. Moreover, it?s a need of time to consider
the homelessness as an epicentre
of women hardships thereby making concocted
efforts a stratagem should be carved out as rendered under four-fold approach of sensitization,
employability, livelihood and housing. Such legal alleviation is utmost important to safeguard the
interests of the homeless women as envisioned under the constitutional mandate
of India.
[1] United
National Office of High Commissioner, United Nations Human Rights, Women and
the right to adequate housing Special
Rapporteur on the right to adequate housing, available at https://www.ohchr.org/en/special-procedures/sr-housing/women-and-right-adequate-housing
last visited on 10/07/2022
[2] Jugal Kishore Misra,” Empowerment
of Women in India”, Vol. 67, The Indian
Journal of Political Science pp. 867
No.4 (OCT. - DEC., 2006).
[3] Eileen Hunt
Botting and Christine Carey, “Wollstonecraft?s Philosophical Impact on
Nineteenth Century American Women?s
Rights Advocates”, Vol. 48, American
Journal of Political Science pp.
707-722 No. 4 (Oct., 2004).
[4] Vrindavan Committee, “Report of the
Committee constituted under the direction of the Hon?ble Supreme Court of India by Judgment dated August
11, 2007 in Writ Petition (Civil) No. 659 of 2007” Page Number 4(November 27, 2017).
[5] Ekta Resource
Centre for Women, “A study on 498A in Tamilnadu”, (March 2011)
[6] Housing and Land Rights Network, “The Human Rights to adequate Housing and Land in India” (December 2016)
[7] UNHABITAT,
Office of the United Nations High Commissioner for Human Rights, “The Right to Adequate Housing” Fact Sheet No. 21/Rev.1.
available at https://www.ohchr.org/sites/default/files/Documents/Publications/FS21_rev_1_Housing_en.pdf
(last visited on 06/07/2022)
[13] The Constitution of India, art. 300
A
[15] The Constitution of India, art. 38(1)
[16] The Constitution of India, art. 39
[21] Socio-economic and Caste Census,
2011 (data for which was released in July 2015, available
at
[22] National Policy for Empowerment of Women (2001) available at https://wcd.nic.in/womendevelopment/national-policy-women-empowerment (last visited on 11/07/2022).
[23] Draft National Policy for Women 2016 available at https://wcd.nic.in/sites/default/files/draft%20national%20policy%20for%20women%202016_0.pdf (last visited on 11/07/2022).
[24] Scheme for Working Women Hostel, available at https://wcd.nic.in/sites/default/files/Working%20Women%20Hostel_about_revised_about.pdf (last visited on 12/07/2022)
[25] Indira Awas Yojana available at https://megcnrd.gov.in/forms/IAY.pdf
\ (last visited on 14/07/2022)
[26] One Stop
Centre Scheme, Implementation guidelines for State Governments by Ministry of
Women and Child Development Government of India available
at https://wcd.nic.in/sites/default/files/OSC_G.pdf (last visited
on 14/07/2022)
[28] Scheme of
Shelters for Urban Homeless available at https://mohua.gov.in/upload/uploadfiles/files/7NULM- SUH-Guidelines.pdf (last visited on 14/07/2022)
[29] “NGO helps
those living in homeless shelters in capital register for vaccine jabs”, Hindustan
Times, March 15, 2021, available at https://www.hindustantimes.com/india-news/ngo-helps-those-living-in-homeless-shelters- in-capital-register-for-vaccine-jabs-101615756170424.html (last visited
on 15/07/2022).
[31] Amit Anand Chaudhary, “No Shelter
for 90% of urban homeless: SC Panel Study?, The
Times of India, Aug 27, 2017,available at https://timesofindia.indiatimes.com/india/no-shelter-for-90-of-urban-homeless-sc-panel- study/articleshow/60240240.cms (last seen on 13/07/2022).
[32] Tanishka Sodhi, “No homes for the
homeless: how Maharashtra lags in implementing Centre?s urban shelter scheme”,
Newslaundry Report, March 3rd, 2021 available at https://www.newslaundry.com/2021/03/03/no- homes-for-the-homeless-how-maharashtra-lags-in-implementing-centres-urban-shelter-scheme (last visited on 14/07/2022)
[34] Times Now Bureau, “DW issues notice
to NGO and Delhi Police on lapses in shelter home for mentally challenged homeless women”, Times Now, March 26th 2022, available
at https://www.timesnownews.com/delhi/dcw-issues-notice-to-ngo-and-delhi-police-on-lapses-in-shelter-home-for- mentally-challenged-homeless-women-article-90459223 (last visited
on 14/07/2022).
[35] Night
Shelter Occupancy Report, “Delhi Urban Shelter Improvement Board, Government of
National Capital Territory of Delhi”, Delhi shelter board, July 14th 2022 ,available
at: http://www.delhishelterboard.in/occupancy-report/
(last visited on 14/07/2022).
[36] Special Rapporteur on violence
against Women, Submission related to Shelters
for Homeless Women,
OHCHR available at https://www.ohchr.org/sites/default/files/Documents/Issues/Women/SR/Shelters/Housing_and_Land_Rights_Ne twork.pdf ( last visited on 15/07/2022)
[37] SUH, Supreme Courts manual available at https://www.hlrn.org.in/documents/Shelters_Urban_Homeless_Handbook.pdf (
last visited on 15/07/2022)
[38] Prawesh Lama and Yama Bhardwaj, Homeless
Women: Easy Targets,
Roofless in Delhi, Hindustan Times available at https://www.hindustantimes.com/static/roofless-in-delhi-women/ Published August 17, 2016.
[39] Usha Devi, a 15-year-old resident of a district in eastern Uttar
Pradesh, was expecting her first child.
Though she was underage, a
local ASHA (Accredited Social Health Activist) worker had filled the PMMVY form
on Usha?s behalf. The PMMVY or Pradhan
Mantri Matru Vandana
Yojana offers maternity
entitlements to
marginalised women across India. Usha Devi?s Aadhaar card
mentions her name as „Pusa?, putting a question mark on her very identity. - AKANKSHA KUMAR, How Schemes Fail
Women: Delivery on Hospital Veranda Equals No Aid, The Quint- 02/12/2019 https://www.thequint.com/news/india/pmmvy-schemes-fail-women- delivery-on-hospital-veranda-error-in-aadhaar#read-more
(last visited on 15/07/2022)
[40] Niharika
Alva, They provide safe shelter to women, make them job-ready, Times of India, May 07th,
2017 available at https://timesofindia.indiatimes.com/city/bengaluru/they-provide-safe-shelter-to-distressed-women- make-them-job-ready/articleshow/58554240.cms (last visited on 15/07/2022)
[41] 41 Jennifer Allison, Researching
Women's Housing and Shelter Rights, Harvard
Law School Library, available at - https://guides.library.harvard.edu/womens_housing_rights , last visited on 15/07/2022
Article Information
SAFEGUARDING THE HOUSING OF HOMELESS WOMEN IN INDIA THROUGH LEGAL ALLEVIATION- A CONSTITUTIONAL APPROACH.
Authors: DR. TANAYA PRAMOD KAMLAKAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/22
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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