INTRODUCTION
INDIA, a developing nation, is looking forward to eradicating various issues and creating new opportunities for India to become a developed country. It has various economic, political, and environmental issues. Everybody talks about crimes, the environment, etc. but nobody sees the people who are homeless. Everybody has seen people residing on footpaths, under flyovers, etc. but we just ignore and carry on with our work. What about those people? They are also humans; they need shelter to live. They are also citizens of India and have the basic fundamental rights. So, let’s talk about housing these homeless people.
India is one of the most populated countries and has numerous problems. One such problem is the number of homeless people in the country. According to the census 2011, India has more than 1.7 million homeless residents.[1] This makes it a serious concern for India. These huge numbers of people lack the basic need of shelter. Their right, guaranteed under Article 19(1)(e) is being infringed. Article 19(1)(e) gives the right to reside and settle in any part of the territory of India which is being violated due to various factors leading to homelessness.
FACTORS
To eradicate any problem, first, we need to understand the problem. Homelessness is something that is a result of various internal as well as external problems. These people not only lack shelter but they don’t get the opportunity to change their situation. There are various such factors and among them let’s find some crucial factors.
- Poverty
Poverty is the root of every problem which cannot be completely eradicated. The main reason for homelessness is poverty. Poor people do not have money to buy their houses, so they live on footpaths, flyovers, and other unused land. The money that the government allows for the poor is swallowed by corrupts. Due to poverty, they can’t access health facilities and hygienic conditions, so when anyone dies, his/her family becomes homeless.
- Educational Inequality
Poor people lack educational opportunities. They are somewhere discriminated against in getting resources, facilities, quality, and outcome of education. Poor people can access only government schools which do not provide quality education and facilities. So, these poor children remain unemployed in this huge competitive world. Most of the time poor hesitate to enroll their children in fear of discrimination and mistreatment. This again makes them homeless.
- Natural Disasters
When natural disasters like tsunamis, floods, and earthquakes occur many people lose their livelihoods and become homeless. These incidents are inevitable.
These are the crucial factors which are responsible for the homelessness in India.
- Rigid Gender Roles
Women are generally not allowed to work in the patriarchal society. Even girls are barred from education. So, single women and uneducated girls find it difficult to survive and subsequently become homeless.
- Corruption
The biggest evil of our country is corruption, how can we ignore this? The policies and measures are being implemented on paper but in actual practice, the corruption is eating away all the benefits and rights of the poor people. There are many allegations about the government implementing its policies and schemes such as PMAY (Pradhan Mantri Awas Yojana). Due to the greed of people in power, many innocent people suffer. It is not the power that corrupts the people; they are the people who corrupt power. Thus, due to corruption, the problem remains unaddressed so that corrupt people can fill their pockets.
ROLE OF ADMINISTRATIVE LAW AND PROCESS
Public administration looks after various issues including housing. Its main aim is to look after the welfare of the people. Though it is making efforts for the homeless people that is not enough. If this issue remains unaddressed it will become a structural problem for the country. It’s time to make public administration more accountable for its responsibilities. Only the administration can solve this issue as it has the authority and power to deal with housing homeless people.
LEGISLATIONS AND JUDICIAL REVIEW
The Indian Constitution provides several fundamental rights that make the state obligatory to provide housing to women, children, the disabled, etc. Article 19, Article 21, and many others give the rights to citizens to have a proper livelihood.
In Avas Evam Vikas Parishad v. Friends Coop. Housing Society Ltd it was held that the right to shelter is a fundamental right under Article 19(1)(e) and Article 21 of the Indian Constitution of India.[2]
WELFARE SCHEMES
The administration knows its responsibilities and has implemented many measures in housing homeless people. The efforts are not completely successful but are satisfactory. The following are the efforts taken by the administration:
- Pradhan Mantri Awas Yojana (PMAY)
PMAY is a very good step taken by the government to help the homeless people. It aims to provide affordable houses to economically weaker sections and low-income and middle-income groups. [3]According to the PMAY survey, the number of villages where infrastructure assessment is completed is increasing in which 52,05,785 households are completed.[4] This makes the scheme successful enough.
- The interim Union Budget 2024-25 on February 1 allocated Rs 80,671 crore for the flagship scheme Pradhan Mantri Awas Yojana (PMAY), giving a further boost to the government’s program to provide affordable housing.[5]
Apart from these, there are many steps taken by the administration to provide housing to homeless people. These efforts are appreciable and it should implement more such policies efficiently.
SOLUTION
- Transparency
The administration should bring more transparency to the implementation process. This can be done by publishing surveys and reports of work done periodically.
- Reduce intermediaries
The gap between the beneficiaries and the state is so long that only a small portion is left for the beneficiaries. This gap should be reduced and if possible, the funding should be sent directly to the beneficiaries.
- Surveillance
There should be a statutory body that will keep a check on the implementation of the schemes and policies launched by the government.
- Awareness
The administration should take steps to spread awareness about homelessness and schemes among homeless people rather than the public. The platforms that are available to the homeless such as street plays and one-to-one surveys are suggested.
These are a few solutions that can be considered so that the administrative process can be more successful in housing homeless people.
CONCLUSION
Everyone should remember that every homeless person is also a human being like us. They also aspire to dignity, feelings, and needs that should be fulfilled. At least everybody should get a fair chance to grab the opportunity.
Some challenges become obstacles but with the strength of unity, we all can bring a huge change in the lives of many people. We Indians, known for brotherhood, can again prove that we follow our pledge in our actions also.
Effective and efficient implementation of administrative laws and processes can make a huge difference in the lives of children, women, and families who do not have roofs on their heads.
“None of us have a home until all of us have a home.”
Author(s) Name: Tejashri Suradkar (ILS Law College)
Reference(s):
[1] Housing and Land Rights Network, Homelessness <https://www.hlrn.org.in/homelessness>accessed 10 March 2024
[2]Rishi, Understanding homelessness <https://www.legalserviceindia.com/legal/article-6553-understanding-homelessness-a-socio-legal-analysis-and-the-path-out.html> accessed 10 March 2023
[3] Aditya Birla Capital, PMAY <https://www.adityabirlacapital.com/abc-of-money/what-is-pradhan-mantri-awas-yojana> accessed 10 March 2024
[4] Pradhan Mantri Awas Yojana, Household Assessment Report <https://www.pmagy.gov.in/new-dashboard/Households-Assessed> accessed 10 March 2024
[5] Mehul Thakkar, Money Control <https://www.moneycontrol.com/news/business/real-estate/budget-hikes-fund-allocation-for-pmay-to-rs-80671-cr-govt-to-roll-out-housing-scheme-for-middle-class-12134901.html>accessed 10 March 2024
