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SLUM REDEVELOPMENT AND HOUSING RIGHTS- WHO BENEFITS?

In most developing countries like India, lack of development in a slum area is the biggest issue hindering a country’s transition from developing to developed and well-settled status. But what

INTRODUCTION

In most developing countries like India, lack of development in a slum area is the biggest issue hindering a country’s transition from developing to developed and well-settled status. But what exactly is slum redevelopment? Does every country need it? The answer to the first question is a process by which housing conditions in slum areas are developed. It requires proper planning followed by a procedure like constructing buildings, improving infrastructure, and transforming them into urban settlements. The answer to the second question is that slum redevelopment depends on necessity and a country’s economic problems and urban planning. Overall, the main goal of slum redevelopment is to improve the living standard of the people living in slums by providing proper sanitation and a hygienic environment. In this blog, the policies, promises, challenges, and legal issues of slum redevelopment will be analyzed.

UNDERSTANDING SLUM REDEVELOPMENT POLICIES IN INDIA

In India, many initiatives have been taken to improve the slum areas. The government has introduced many policies. Let us throw some light upon those policies:

  • Slum Redevelopment Scheme: This scheme aims to improve the well-being and health conditions of slum dwellers. It was introduced to relocate slum residents while giving them incentives for development, and separate lands, and their slum areas were used as open markets. It aids in unlocking new opportunities for slum dwellers while integrating slum areas into the urban economy.
  • Rajiv Avas Yojna: Introduced in 2013, it aimed to make India a slum- free country by formalizing the slum settlements. The slum dwellers were provided with legal ownership, basic health facilities, and sanitation. But it faced challenges due to a lack of implementation and funding.
  • Valmiki Ambedkar Malina Basti Awas Yojana (VAMBAY): Implemented in 2001 by Prime Minister Atal Bihari Vajpayee, it aimed to provide food, shelter, and health facilities to slum dwellers. This was a joint initiative of the Central and state governments. It was introduced in two phases- first, the preparatory stage, and the second is the implementing stage, where housing and sanitation improvements are made.[1]

The Slum Rehabilitation Authority (SRA) was made to coordinate, oversee, and approve all the above policies of the government. The Indian Constitution contains the provision of the Right to Shelter under Article 21[2].

THE PROMISES OF SLUM REDEVELOPMENT

The promise of slum redevelopment holds the idea of more job opportunities for millions of people living in backward areas of urban settlements because the urban areas comprise more commercial spaces as compared to rural areas, which will increase job opportunities. Government initiatives such as Pradhan Mantri Kaushal Vikas Yojana have trained thousands of Indian students to improve their skills, which has enabled them to get jobs in hospitality, retail, and construction. Another focus of slum redevelopment is on housing rights. The government often promises to protect slum dwellers from invasion by outsiders and to provide them with permanent houses. As a result, slum dwellers can protect themselves from climate change, including earthquakes, floods, and droughts. For example, Mumbai’s Slum Rehabilitation Authority (SRA) has been continuously working towards the upliftment of slum dwellers by providing them with housing facilities and sanitation. Improving living conditions is another goal of slum redevelopment. Slum dwellers are ensured to have access to sanitation in their houses and better medical care. With these facilities, the value of property will increase which will provide them an extra source of income. While it sounds good on paper the scenario is different in reality. People will earn more in urban areas due to more skilled jobs. Also, the rate of property in urban areas is high, which would yield more income. For instance, people offer one or more rooms for rent.[3] If proper slum development is executed, then it will lead to economic growth and development.

Therefore, the government makes the above promises to improve the living conditions of slum dwellers and to move towards development. The flawless system would do proper execution and rehabilitation planning.         

THE REALITY: CHALLENGES AND LEGAL ISSUES

Slum dwellers are forced to get out of their homes and live in ugly places due to the invasion of businessmen in their lands, whose main motive is to earn profit by any means, even if it is by throwing the poor people out of their houses. In the landmark case of Olga Tellis v. Bombay Municipal Corporation[4] (1985), the court held that expulsions without proper accommodation are violative of the laws. Due to the shortage of living spaces in urban areas, the demand for land increases, and the supply decreases. Research shows that by 675, the urban population will increase by 2035. This is a matter of grievance. Our government should understand the severity of this situation and take the necessary steps to tackle this problem in India. But Pradhan Mantri Awas Yojana (PMAY) provides houses to economically weaker sections of society.  Due to the lack of land in urban areas, there is no proper settlement, which has led to ownership disputes related to land. The Slum Areas (Improvement and Clearance) Act, of 1956[5] Empowers the government to consider areas as slums and take the necessary steps.  People find solutions for that through litigation and police reports. There are thousands of land ownership cases pending in courts. For instance, if someone’s neighbour is using their land. Then he/ she will prefer going to court. As we all know, living costs in cities are too high. Think about the poor people, like slum dwellers, and how they survive in cities. They have to spend their night on footpaths. Flat rates are too high due to high construction costs in urban areas.[6] According to a report by the World Bank, housing costs in India increase by 13% annually. However, Rajiv Awas Yojana and Valmiki Ambedkar Awas Yojana aim to provide affordable houses to low-income citizens of India.

The above problems are great challenges in slum redevelopment in India. Let us discuss the solutions to these problems.

BALANCING GROWTH AND HOUSING RIGHTS: THE WAY AHEAD

Many NGOs are working towards empowering women through social awareness. It ensures in upbringing of independent women so that they can also earn their livelihood and provide better education to their children. The government has launched various schemes to provide education to women, such as Beti Bachao, Beti Padhao, Balika Samriddhi Yojana, etc. The awareness-raising campaigns are necessary to aware slum dwellers about their fundamental rights. Fostering collective action is necessary to empower them to advocate for themselves. The development and upliftment of slum dwellers is possible only when they have housing rights. The government took many initiatives through which slum people can get jobs, such as Pradhan Mantri Gram Avas Yojana.[7]

CONCLUSION

The slum redevelopment requires the collective action of the central and state governments to uplift and empower the slum dwellers. Urban planning focuses on the improvement of certain marginalized sections of society. However, Government schemes such as Pradhan Mantri Gram Awas Yojana, and Rajiv Awas Yojana have been introduced to resolve the housing conflicts related to ownership and to uplift the marginalized sections of India. However, these schemes have not been properly implemented due to bureaucratic influence, and a flawed and corrupt administrative system. By eradicating the difficulties, the government can make the changes in reality. Therefore, it requires active and influential participation of slum dwellers, proper legal reforms, and policy implementations. The focus should be on the poorest of the poor.

Author(s) Name: Navjot Kaur (Chandigarh Law College, Jhanjeri, Mohali, Punjab)

References:

[1] Raveesh Sharma, ‘ Slum Redevelopment in India – Explained, pointwise’ (Forum Red Book, 08 December 2022) <https://forumias.com/blog/slum-redevelopment-in-india-explained-pointwise/#:~:text=Slum%20areas%20(Improvement%20and%20Clearance,in%20such%20areas%20from%20eviction. > accessed 22 February 2025

[2] Constitution of India, art. 21

[3] Cities Alliance, ‘Slums and Slum Upgrading’ (Cities Alliance) <https://www.citiesalliance.org/themes/slums-and-slum-upgrading > accessed 24 February 2025

[4]  Olga Tellis v Bombay Municipal Corporation (1985) 3 SCC 545 (SC)

[5]  Slum Areas (Improvement and Clearance) Act.1956

[6] Sakshi Gupta, ‘Slum Development in India, Challenges, Government Initiatives’ (Study IQ, 24 January 2024) < https://www.studyiq.com/articles/slum-development-in-india/ > accessed 24 February 2025

[7] Mahila Housing Trust, ‘Slum Development in India: Importance, Initiatives and Challenges’ (16 October 2023) https://www.mahilahousingtrust.org/slum-development-in-india-importance-initiatives-and-challenges/ accessed 24 February 2025.

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