1

Homelessness and poverty

Law Poverty and Development


SAMBRIDH GHIMIRE [2012]
B.A., LLB. (HONS.)
DATE OF SUBMISSION: 5th May 2014


National Law School of India University
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TABLE OF CONTENTS

Introduction .............................................................. 3
Research Methodology ................................................. 4
AN OVERVIEW ....................................................... 5
Legal Position in India .............................................. 6
Poverty and homelessness ......................................... 6
Policy of the government .......................................... 8
Role of Private Parties ............................................. 9

Conclusion ................................................................. 11
Bibliography .............................................................. 12


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INTRODUCTION

Housing can said to be the core around which the life of an individual revolves. It is a basic
necessity for an individual. It can be said to be a condition in which people are denied regular
access to housing for numerous reasons ranging from poverty to illness to social exclusion. The
primary reason for people becoming homeless is due to the economic unviability of affordable
housing for low income groups of people. Here the role of poverty comes into play. As the
income of the individual declines, more likely s/he is to be homeless, as loss in income would
restrict the individual to pay for the maintenance of his home.
Having laid down the context, the researcher in this paper aims to discuss homelessness and
poverty, the measures undertaken to rehabilitate the urban poor. In the course of the paper, the
researcher proposes to discuss the state of homelessness in India, the constitutional safeguards to
right to shelter, correlation between poverty and homelessness. Further the researcher aims to
discuss the role of the government focusing on the Rajiv Awas Yojana (RAY) extensively, a
flagship programme of the United Progressive Alliance, which envisages a slum free India.
Further the role of private parties has been emphasised upon by a case study on the construction
labour contractors.
Though there are other schemes and policies operational in context, the researcher has limited his
study only to the RAY and the case study of the construction labour contractors .Through the
approach mentioned above, the researcher will make an attempt to understand the role of private
parties in the rehabilitation of the homeless.






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RESEARCH METHODOLOGY

Aims and Objectives
This paper focuses on examining the status of homeless in Bangalore. The roles of both
government and non-government agencies have been examined with respect to the rehabilitation
process.
Scope and Limitation
However, the several other aspects related to homelessness and poverty. The paper is limited to
the scope of role of private parties and some policies of the government.

Style of Writing
The researcher has used descriptive and analytical modes during the entire course of writing this
paper.

Sources of Data
The researcher has relied on secondary source like books.
Mode of Citation
A uniform mode of citation has been followed by the researcher.



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AN OVERVIEW

If statistical data were to be held reliable, an estimate of at least 26 percent of the entire urban
population in India is below the established poverty line.
1
A quarter of the urban population
categorized as poor is an alarming figure. More importantly, most of these people inhabit slum
and squatter settlements which deprive them of their basic civic amenities like access to proper
sanitation facilities, waste management et cetera and consequently these are the conditions
which breed crime and lawlessness which trap them into a situation of chronic poverty. Such a
situation can be attributed to iniquitous and exclusionary urban planning system, urban land
management schemes and land legislation that have not adapted to the pace of urban growth.
2

With the growth of the cities increasing year by year, the slum dwellings can only be expected to
grow more.
In India homeless people are defined those who do not have access to or are not living in census
housing.
3
A census house here refers to a structure with roof. Consequently, while collecting data
on the homeless people officials are suggested to keep in mind the places where it might be
possible for the homeless population to live, these would include temples, railway platforms,
roadside pavements et cetera. Further, homeless people also include the people sleeping without
shelter, in constructions not meant for habitation or in other welfare institutions.
4

The right to housing is a complex right, which merely does not envisage the right to shelter but
also includes security and proper living conditions. In other words right to housing would not be
satisfied by just a sheer roof over ones head, moreover, it would require a structure with

1
David Satterthwaite, Upgrading Slums: With and For Slum-Dwellers, 45(10) ECONOMIC AND POLITICAL WEEKLY
12, 12 (March 6, 2010).
2
Ministry of Housing & Urban Poverty Alleviation, RAJIV AWAS YOJANA : GUIDELINES FOR SLUM-FREE CITY
PLANNING, 1 (2013).
3
Census of India 2011,MINISTRY OF HOME AFFAIRS,availible at http://censusindia.gov.in/2011-
Documents/Houselisting%20English.pdf (Last visited on May 5,2014).
4
United Nations Demographic Yearbook Review, UNITED NATIONS, DEPARTMENT OF ECONOMIC AND SOCIAL
AFFAIRS STATISTICS DIVISION, DEMOGRAPHIC AND SOCIAL STATISTICS BRANCH ,(14 April 2004),available at
http://unstats.un.org/unsd/demographic/products/dyb/techreport/hhchar.pdf (Last visisted on May 2,2014).
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habitable space which would be sufficient to cater the basic human needs, providing with
personal space with basic amenities, adequate ventilation and lighting, safe and sound
infrastructure protective of the weather conditions, etc. all of these at a reasonable cost.

LEGAL POSITION IN INDIA

In the Indian Constitution, the right has not been explicitly mentioned but is an interpretation to
the rights under Article 21.The interpretation here however have not been consistent. Due to
which the right has not been enforceable in certain aspects. In cases related to housing for the
poor, the courts have rejected the claim of recognition of this right.Thus,in such a scenario where
the existence of the right is challenged, the question of the right being guaranteed broadly would
be a distant dream.
5

This can be further accentuated from the case of Olga Tellis
6
,wherein the petitioners contended
that eviction from slums and pavements would deprive them of their livelihood. The Courts in
this case emphasised that no one has the right to use public property for private purpose, without
authorization, irrespective of the circumstances. But ,in the case of Chameli Singh the court held
that right to shelter is not merely having a roof above ones head, but encompasses the entire
infrastructural facility to enable them to live and develop their lives as humans.
7
This comes as a
deviation from the past judgements of the courts, and ensures right to shelter widely.
POVERTY AND HOMELESSNESS

Poverty can be attributed as the main cause for contributing towards homelessness in India.
Poverty can be defined as a state in which there is a constant exhibition of human deprivation
due to non-fulfilment of basic needs like food, shelter, clothing et cetera. The dimensions for the
same are ever changing and homelessness is one exhibition of this dimension.

5
Chameli Singh v. State of U.P. AIR 1996 SC 1051.
6
Olga Tellis v. Bombay Municipal Corporation 1985 3 SCC 545
7
Chameli Singh v. State of U.P. AIR 1996 SC 1051.
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In the view of the researcher, there are two primary ways in which poverty can be seen in
influencing or causing homelessness. Firstly, in cases of rampant poverty, people are compelled
to sell their property, which was their shelter to survive. Secondly, as the income level of the
individual is low, it further maintains and extends the existing problem of homelessness.
In the fieldwork conducted by the researcher, it was found that poverty was the main cause of
people being homeless, though there were other causes such as lack of affordable housing, lack
of employment opportunities, natural disasters etc. In the course of the fieldwork the researcher
observed that the homeless were deeply dissatisfied towards the rehabilitations programmes of
the government. Shanta Mary, resident of Ejipura, who was rendered homeless after the
demolition of the EWS quarters. Since, then she and her children have been living on the
pavement as their temporary shelters were demolished too. In this case the EWS were allotted
flats at Ejipura which were substandard. They had no basic amenities. In a short span of time the
buildings started collapsing due to low quality of construction and substandard goods.
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Ever
since people like Shanta Mary have been homeless.
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In cases of crises, it can be seen that the poor are more vulnerable than the rich. The poor may
face many crises such as natural disasters, health problems etc. It might be logical here to deduce
that these crises situations as discussed above puts burden on the scanty income or savings of the
poor, which results in them being pushed down in their overall poverty level. Moreover, the loss
of savings to resolve the crises, further erode a large proportion of their total income. This
complemented by the chances of receiving the least amount of loan in comparison to the others,
compel them to either sell or mortgage their meagre already existing assets, giving continuity to
the vicious cycle of poverty and homelessness. Thus, the loss of a home, in the absence of credit
availability or savings to fall back on, exposes the poor to conditions of extreme depredation.
The number of people who lose their lives in the winters (referred to as cold waves, even
though many deaths happen in years with more than average temperature, possibly because that
phrase connotes unexpectedness and thus lowers moral responsibility) is a symptom of this
homelessness that is particularly hard on the marginalised.

8
Interview with Shanta Mary,Homeless (Ejipura Kormangala Bangalore May 5th,2014)
9
Slum dwellers assert their rights, THE HINDU , (December 11, 2013),available at
http://www.thehindu.com/news/cities/bangalore/slum-dwellers-assert-their-rights/article5444895.ece (Last visited
on April 8, 2014).
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In the case of Guru Prasad, a worker from West Bengal, was forced to sell of his house in
Chanpadanga,West Bengal. After which he came to Bangalore with a labour contractor, but due
to low wages, he cannot afford to rent a room for himself. In this case the contractor provides for
a temporary accommodation, near the site, that is in case there is space available. The
accommodation here is merely a roof. No other basic amenities are looked after. Rain results in
the temporary structures being flooded with water. The (possibly illegal) electricity connection
the workers acquired had not been working for 3 days when this researcher spoke with Guru.
Further the structure is not physically sound and is prone to hazards in bad weather conditions.
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POLICY OF THE GOVERNMENT

The attitude of the government towards the problems which are being faced by the homeless is
unpredictable. On one hand there are bringing out new policies like Rajiv Awas Yojana,Indira
Awas Yojana, Jawaharlal Nehru Urban Renewal Mission to address the problems of housing and
homelessness. In which the researcher would like to shed some light on Rajiv Awas Yojana. The
Government of India in 2013 launched a holistic and ambitious mission by the name of Rajiv
Awas Yojana (hereinafter RAY) which projects the vision of a slum free India. The
government proposes to realise this goal by assigning property rights to the urban poor over their
dwelling space. As most of the slum dwellers have migrated from rural parts of the State or
Country, such a move by the government would be a gesture of formal recognition of the
acceptance of these dwellers into the urban mainstream. The RAY mainly proceeds on this
groundwork which would eventually result in better facilities being available to the occupants. It
would approximately benefit about 81 million urban poor wherein the urban poor will get
affordable housing, a healthy and clean environment with all the civic amenities being made
readily available to them.
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But on the other hand the government itself is responsible for making
people homeless, the Ejipura forced eviction can be an example of government being responsible

10
Interview with Mr. Guru Prasad,Construction worker (Nagarbhavi Bangalore May 1st,2014)
11
Amitabh Kundu, Making Indian Cities Slum-Free: Vision and Operationalisation, 48(17) ECONOMIC &
POLITICAL WEEKLY 15, 15 (April 27,2013).
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for the homeless state of people.
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Moreover, in the past it has been seen that regularising
dwelling houses in the city does not really result in the provision of a decent house for slum-
dwellers, as it makes more sense for them to sell or rent these out and continue to occupy an
illegal space.

ROLE OF PRIVATE PARTIES

The focus now is towards the role of private parties in providing shelter to the homeless. The
private parties have been in partnership with the government in various welfare measures. The
welfare measure being discussed below is a peculiar one, which is being practiced in some states
of North India.
As per the interview conducted by the researcher with Satish Kumar, a construction worker from
Patna, Bihar, the labour contractors provide their labourers with shelter, though the shelter may
not be adequate form of housing, it serves the purpose of having a roof above oneself. In this
arrangement construction workers are transported from one place to another around the country.
This depends on where their contractor gets his tender fixed. During the time of the construction
the workers are given a place to stay either within the premises of the construction site or
somewhere near it, depending on the availability. The cost of temporary shelter is borne by the
contractor. But as mentioned earlier these shelters are not structurally sound and provide no
protection from bad weather conditions. Further, there is no adequate supply of necessities like
electricity, water et cetera. Nevertheless, during the span of construction the workers are
accommodated, by the contractors. Therefore it can be inferred that the workers have access to
shelter as long as they are working for the contractor. In the view of the researcher this
arrangement is more advantageous to the workers than giving them extra salary. This
arrangement on one hand provides for the employment of the individual, which insures the

12
C P John, Address Home Truths About Homelessness, ,THE INDIAN EXPRESS, (3rd November 2013),available at
Http://Www.Newindianexpress.Com/Magazine/Voices/Address-Home-Truths-About-
Homelessness/2013/11/03/Article1866671.Ece (Last Visited On April 6,2014).

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individual of an earning opportunity and on the other hand provides shelter to the individual,
without them having to struggle to find accommodation, possibly in a place far from the
construction site.
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This ensures that transport costs are minimised, and from a regulatory point
of view, such an arrangement allows the imposition of certain minimum conditions by the
government or other interested parties (for instance the institution where construction is
happening) on the kind of accommodation provided. Despite providing shelter, the contractors
give sufficient wages to their workers as per the market rate of wages. This ensures that the
labourers are not inadequately paid for their work. But it is also essential to acknowledge that
migrant workers like Satish, whose family is in villages back some, have to put up with
temporary and poor housing for the duration of their work. For them, the days of labour are an
investment and the usually poor standards of housing a necessary trade-off. Thus, in the long
term, the government should work to ensure that the inequalities between regions of the country
are not so harsh that workers are forced to make trade-offs like poor housing that can be very
detrimental to them.











13
Interview with Satish Kumar, Construction worker (Nagarbhavi Bangalore May 3
rd
,2014)

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CONCLUSION

Thus it can be concluded that poverty and homelessness are correlated. The lower the income of
the person more likely s/he would be homeless. As decline in income affects the spending
capacity of a person, therefore as income declines, the possibility of paying mortgages and rents
decline too, which results in the eviction of the person from his/her home, making the individual
homeless. Another possible cause of homelessness is natural or artificial disasters, which
particularly affect the poor more than any other group. Special measures need to be taken to
ensure that the marginalised are protected in these situations of crisis.
The judicial interpretation of Article 21 of the Indian Constitution encompasses right to shelter,
though the interpretations have not been consistent the recent trends have shown a more
comprehensive approach towards right to shelter.
The government has implemented numerous policies for the rehabilitation of the homeless. As
discussed in the paper Rajiv Awas Yojana which is a project with a vision of slum free India.
The policies of the government have their own limitations and implementation is difficult due to
procedural flaws, lack of coordination and other administrative delays. On the other hand, it
could be inferred from the eviction in Ejupura that the government is responsible for making the
people homeless by forcefully evicting them from the property allotted to them.
The role of private parties can be seen as a temporary one, as the fieldwork suggests the
labourers are provided shelter during the period of construction. After which they are supposed
to find their own shelter. Though some contractors provide shelter to labourers throughout the
time of employment, this arrangement is a particularly rare one.
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BIBLIOGRAPHY

Articles

1. A Shaw & M.K Satish, Metropolitan restructuring in post-liberalized India: Separating
the global and the Local,24(2) CITIES, 148 (April 2007).
2. David Satterthwaite, Upgrading Slums: With and For Slum-Dwellers, 45(10) ECONOMIC
AND POLITICAL WEEKLY (March 6, 2010).
3. C P John, Address Home Truths About Homelessness, ,THE INDIAN EXPRESS, (3
rd

November 2013), available at
http://Www.Newindianexpress.Com/Magazine/Voices/Address-Home-Truths-About-
Homelessness/2013/11/03/Article1866671.Ece (Last Visited On April 6,2014).
4. Amitabh Kundu, Making Indian Cities Slum-Free: Vision and Operationalisation, 48(17)
ECONOMIC & POLITICAL WEEKLY 15, 15 (April 27,2013).
5. Slum Dwellers assert their rights,THE HINDU (11 December 2013), available at
http://www.thehindu.com/news/cities/bangalore/slum-dwellers-assert-their-
rights/article5444895.ece (Last visited on April 8, 2014).
6. Ministry of Housing and Urban Poverty Alleviation, FEATURES OF MODEL PROPERTY
RIGHTS TO SLUM DWELLERS ACT, 2011 available at
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http://www.pib.nic.in/newsite/erelease.aspx?relid=74625 (Last visited on April 17,
2014).


Interviews
1. Interview with Mr. Guru Prasad,Construction worker (Nagarbhavi Bangalore May
1
st
,2014)
2. Interview with Shanta Mary,Homeless (Ejipura Kormangala Bangalore May 5
th
,2014)
3. Interview with Satish Kumar, Construction worker (Nagarbhavi Bangalore May 3
rd
,2014)

Miscellaneous

1. Ministry of Housing & Urban Poverty Alleviation, RAJIV AWAS YOJANA : GUIDELINES
FOR SLUM-FREE CITY PLANNING, (2013).
2. Census of India 2011, MINISTRY OF HOME AFFAIRS, available at
http://censusindia.gov.in/2011-Documents/Houselisting%20English.pdf (Last visited on
May 5,2014).
3. United Nations Demographic Yearbook Review, UNITED NATIONS, DEPARTMENT OF
ECONOMIC AND SOCIAL AFFAIRS STATISTICS DIVISION, DEMOGRAPHIC AND SOCIAL
STATISTICS BRANCH, (14 April 2004), available at
http://unstats.un.org/unsd/demographic/products/dyb/techreport/hhchar.pdf (Last visited
on May 2, 2014).