A Rights based approach to Slum Rehabilitation and Housing: A Study in Mumbai

Table of Contents

Chapter 1: Introduction

1.1 The Right to Housing

1.2 Housing need in India

1.3 The Research Problem

1.3.1 Slum Rehabilitation Programme and Housing Rights of the slum dwellers in Mumbai

1.4 Methodology

1.4.1 Research Method

1.4.2 Hypothesis of the study

1.4.3 Tools of Data Collection

1.4.4 Sampling Techniques

1.4.5 Interview Components

1.4.6 Mode of analysis of data

1.5 Overview of the study

1.6 Concepts

Chapter 2: Housing and Housing Rights: Theoretical Perspectives and Legal Issues

2.1 Housing: Rationale of the Rights Based Approach

2.1.1 The liberal Approach

2.1.2 The Marxist Approach

2.1.3 The Rights Based Approach

2.1.4 Ideas of Max Weber and Jurgen Habermas on legitimacy and the moral dimension of law

2.2 Legal Issues

2.2.1 International Covenants

2.2.2 India’s Position Vis a Vis the International Covenants

2.2.3 Security of Tenure

2.2.4 Supreme Court of India on Housing Rights

2.3 Laws related to tackle the housing crisis in India

2.3.1 Urban Land Ceiling and Regulation Act (ULCRA), 1976

2.3.2 Rent Control Acts

Chapter 3: Violation of Housing Rights

3.1 Housing rights violation in Asia

3.1.1 The case of Hong Kong

3.1.2 The case of Indonesia

3.2 Housing rights violation in India

3.2.1 The case of Indore

3.2.2 The case of Mumbai

Chapter 4: Housing and Housing Rights: State, Market and Civil Society Initiatives

4.1 Government initiatives in various countries

4.2 Government initiatives in India

4.2.1 Housing as envisaged in the five year plans

4.2.2 Housing policies in India

4.2.3 Case of HUDCO (Housing and Urban Development Corporation)

4.2.4 Housing Finance in India

4.3 Market initiatives and housing

4.3.1 Market Innovation- an international evidence

4.3.2 Market innovation in India

4.4 Self Help approaches and Housing

4.4.1 International Evidence

4.4.2 Self help housing in India

Chapter 5: Slum Rehabilitation Policy in Mumbai

5.1 Brief background of the housing situation in Mumbai

5.1.1 Evolution of the Slum Rehabilitation Policy

5.1.2 Slum Rehabilitation Schemes

5.1.3 The Slum Rehabilitation Authority (SRA)

Chapter 6: Profile of the Slum and Sample

6.1 Case Study one: Saiwadi, Andheri East

6.1.1 The Developer implementing the Slum Rehabilitation Programme in Saiwadi

6.1.2 Profile of the Sample

6.2 Case Study two: Bharat Janta, Dharavi

6.2.1 The Developer implementing the Slum Rehabilitation Programme in Bharat Janta

6.2.2 Profile of the Sample

Chapter 7: Slum Rehabilitation Schemes in Saiwadi, Andheri East and Bharat Janta, Dharavi

7.1 Case Study one: Slum Rehabilitation in Saiwadi

7.1.1 Historical Background

7.1.2 The Organization

7.1.3 The Process of Implementation

7.1.4 Impact of Rehabilitation on the slum dwellers

7.2 Case Study two: Slum Rehabilitation in Bharat Janta Housing Cooperative, Dharavi

7.2.1 Historical Background

7.2.2 Organization and management

7.2.3 Process of Implementation

Chapter 8: Conclusions

Research Objectives and Themes

This study aims to examine the implementation of the Slum Rehabilitation Programme (SRP) in Mumbai, specifically investigating how the program functions as a rights-based framework. The primary research goal is to compare how different institutions—a private market player and a civil society organization—manage the rehabilitation of slum dwellers to ensure their housing rights are protected and realized.

• The evaluation of the Slum Rehabilitation Authority (SRA) as an institutional facilitator for housing rights.
• A comparative analysis of project implementation by private developers versus non-governmental organizations (NGOs).
• The impact of statutory housing policies on the living conditions and socio-economic status of slum dwellers.
• The influence of participation and social capital on the success of rehabilitation schemes in high-density areas.
• The identification of challenges, such as legal disputes and infrastructure deficiencies, in achieving long-term housing security.

Excerpt from the Book

Summary of Chapters

Chapter 1: Introduction: This chapter defines the theoretical framework of a rights-based approach to slum rehabilitation and outlines the research problems and objectives.

Chapter 2: Housing and Housing Rights: Theoretical Perspectives and Legal Issues: This chapter reviews liberal and Marxist theories regarding housing and discusses international covenants and Indian laws relevant to the housing crisis.

Chapter 3: Violation of Housing Rights: This chapter presents empirical evidence of forced evictions in Asian cities and specific cases in India, highlighting the widespread violation of housing rights.

Chapter 4: Housing and Housing Rights: State, Market and Civil Society Initiatives: This chapter analyzes various government, market, and self-help initiatives in India and internationally that aim to address housing needs.

Chapter 5: Slum Rehabilitation Policy in Mumbai: This chapter details the background, evolution, and specific functions of the Slum Rehabilitation Authority (SRA) and the operational schemes in Mumbai.

Chapter 6: Profile of the Slum and Sample: This chapter provides an in-depth profile of the chosen case study sites, Saiwadi and Bharat Janta, and describes the characteristics of the research sample.

Chapter 7: Slum Rehabilitation Schemes in Saiwadi, Andheri East and Bharat Janta, Dharavi: This chapter compiles findings from the fieldwork, analyzing the historical background, implementation processes, and impacts of rehabilitation on the slum dwellers.

Chapter 8: Conclusions: This final chapter synthesizes the study's findings, confirming that while rehabilitation offers benefits, its top-down implementation requires more inclusive and participatory approaches to fully realize human rights.

Keywords

Slum Rehabilitation Programme, Housing Rights, Mumbai, Right to Development, SRA, SPARC, Urbanization, Security of Tenure, Forced Evictions, Civil Society, Market Initiatives, Self Help Housing, Social Capital, Participation, Slum Redevelopment

Frequently Asked Questions

What is the core focus of this research?

The research explores the Slum Rehabilitation Programme in Mumbai through a rights-based lens, assessing how government, market, and civil society actors collaborate to address housing needs.

What are the central thematic fields covered?

The study spans human rights law, urban planning, housing policy in India, sociology of development, and the role of stakeholders like NGOs and private developers.

What is the primary research objective?

The objective is to understand if and how the Slum Rehabilitation Scheme acts as an effective mechanism for realizing the housing rights of the urban poor in Mumbai.

Which methodology is employed?

The study uses an interpretive, exploratory methodology, incorporating ethnographic research and survey methods to analyze two specific slum rehabilitation case studies.

What does the main body address?

The main body examines theoretical perspectives (Liberal vs. Marxist), legal issues, housing rights violations, government initiatives, and detailed case studies of the Saiwadi and Bharat Janta projects.

How are the key concepts defined?

The work defines concepts such as State, Market, and Civil Society to distinguish the roles of diverse actors in the context of urban development and policy implementation.

How do NGOs facilitate the rehabilitation process in Mumbai?

NGOs like SPARC act as mediators between slum dwellers and government authorities, providing technical and organizational support that enables communities to participate more directly in their own redevelopment.

What role does land play as a resource?

Land is treated as a core resource. By using Floor Space Index (FSI) and other incentives, the state encourages private developers and NGOs to build rehousing units for the poor, cross-subsidized by market-rate sale components.

Does the rehabilitation improve the quality of life for all?

While most respondents report a rise in social status and security, some face difficulties due to increased maintenance costs and lack of adequate space for large families.