Rights Based Approach and Housing for the urban poor

Table of Contents

1. Rights Based Approach

2. Housing Rights

3. India’s Position Vis a Vis the International Covenants

4. Security of Tenure

5. Supreme Court of India on the housing rights

6. SRS and Housing Rights of the slum dwellers in Mumbai

7. An Analysis of the SRS in Mumbai

8. What the SRS entails

9. Role and functions of the SRA

10. Participation and Accountability

11. Alternatives suggested

Research Objectives & Topics

This study aims to critically analyze the Slum Rehabilitation Schemes (SRS) in Mumbai through the lens of a rights-based approach. The research investigates whether these schemes effectively realize the housing rights of urban poor or if they primarily serve commercial interests, evaluating the implementation against criteria of participation and accountability.

• Rights-based approach to urban development and housing
• Legal framework and international covenants regarding housing rights
• Empirical analysis of SRS implementation in Mumbai
• Socio-economic impacts on slum dwellers and security of tenure
• Role of governance, judicial activism, and civic participation

Excerpt from the Book

Summary of Chapters

Rights Based Approach: Defines the fundamental concepts of rights-based development, emphasizing citizenship and human rights over welfare models.

Housing Rights: Explores the conceptual meaning of housing rights and addresses prevalent myths and misconceptions in developing countries.

India’s Position Vis a Vis the International Covenants: Examines the legal standing of international covenants like ICESCR within the Indian judicial context.

Security of Tenure: Discusses why secure land tenure is critical for housing, social stability, and protecting the urban poor from forced evictions.

Supreme Court of India on the housing rights: Reviews key judicial precedents that link housing to the fundamental right to life under the Indian Constitution.

SRS and Housing Rights of the slum dwellers in Mumbai: Contextualizes the specific housing challenges in Mumbai and the necessity of the Slum Rehabilitation Schemes.

An Analysis of the SRS in Mumbai: Provides the theoretical framework for evaluating SRS using rights-based criteria.

What the SRS entails: Details the historical background and the operational mechanisms of the Slum Rehabilitation Schemes in Mumbai.

Role and functions of the SRA: Outlines the regulatory status and planning authorities of the Slum Rehabilitation Authority.

Participation and Accountability: Analyzes the implementation failures of SRS regarding inclusive decision-making and developer accountability.

Alternatives suggested: Proposes policy alternatives and a shift towards more inclusive, citizen-centric housing development models.

Keywords

Slum Rehabilitation Schemes, Mumbai, Rights Based Approach, Housing Rights, Security of Tenure, Urban Poor, SRA, Participation, Accountability, Social Exclusion, Public Policy, Informal Settlements, Judicial Activism, Urban Planning, Human Rights

Frequently Asked Questions

What is the primary focus of this research?

The research examines the Slum Rehabilitation Schemes (SRS) in Mumbai using a rights-based approach to determine how effectively these policies protect the housing rights of the urban poor.

What are the core thematic fields covered?

Key themes include the right to housing as a human right, the legal framework of land tenure, the role of the Slum Rehabilitation Authority, and the socio-economic impacts of slum redevelopment.

What is the central research question?

The study questions whether the current SRS model genuinely facilitates the realization of housing rights for 6 million slum dwellers or if it has been reduced to a commercial venture for builders at the cost of social welfare.

Which methodology is employed in the study?

The study utilizes empirical analysis and a review of legal precedents and international covenants to evaluate the efficacy of the SRS implementation.

What does the main body of the work address?

The main body details the historical context of SRS, analyzes the role of the SRA, and assesses the schemes based on the parameters of participation and accountability.

Which keywords characterize this work?

Relevant keywords include Slum Rehabilitation Schemes, Mumbai, Housing Rights, Security of Tenure, and Social Accountability.

How does the lack of security of tenure affect slum dwellers?

Insecure tenure discourages investment in home improvements, promotes social exclusion, and leaves residents vulnerable to forced evictions and harassment.

What role does the judiciary play in Indian housing rights?

The Indian judiciary, particularly the Supreme Court, has interpreted the right to housing as a crucial component of the right to life, though enforcement remains inconsistent.

Why are NGOs and civil society criticized in the study?

The study notes that even when NGOs lead development, they often fail to ensure meaningful participation and accountability, sometimes mirroring the profit-driven behaviors of commercial builders.