Demolishing drive and international law

(Mains GS 2 : Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.)

Context:

• Recently, communal clashes broke out during Ram Navami processions in several parts of the country; subsequently, the governments bulldozed the houses of those who were allegedly involved in rioting claiming that these demolitions are in response to illegal encroachments.
• According to many law experts and commentators this demolition drive not only violates various domestic legal provisions but also breach India’s international law obligations.

Right to house:

• The right to housing is not only a fundamental right recognised under Article 21 of the Indian Constitution, it is also a well-documented right under the international human rights law framework.
• Article 25 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care’.
• Likewise, Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”.
• Furthermore, under Article 11.1, countries are under an obligation to take “appropriate steps” to ensure the realisation of these rights such as the right to adequate housing.

Prohibits arbitrary interference:

• International law also prohibits arbitrary interference in an individual’s right to property reflected from Article 12 of the UDHR which states that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation”. 
• This same right is also provided under Article 17 of the International Covenant on Civil and Political Rights (ICCPR) which provides that everyone has the right to own property alone as well as in association with others and that no one shall be arbitrarily deprived of his property.

UN Human Rights Office:

• According to the UN Human Rights Office, an integral element of the right to adequate housing is ‘protection against forced evictions’. 
• Building on the right to adequate housing, given in Article 11.1 of ICESCR, the UN Human Rights Office defines ‘forced evictions’ as ‘permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection’. 
• The right to adequate housing also entails freedom from arbitrary interference with one’s home, privacy, and family.

Judicial incorporation:

• The international human rights law identified above has been judicially incorporated by the Supreme Court of India into the Indian legal system. 
• The apex court in cases like Bachan Singh vs State of Punjab, Vishaka vs State of Rajasthan, and recently in the famous Puttaswamy vs Union of India has laid down the principle that the fundamental rights guaranteed under the Constitution must be read and interpreted in a manner which would enhance their conformity with international human rights law.