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Olga Tellis v. Bombay Municipal Corporation 1986 AIR 180

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 04-Jul-2024

Introduction 

  • In this case Right to livelihood and shelter were held as an integral part of Right to live. 

Facts 

  • In this case as a part of beautification drive the State of Maharasthra and Bombay Municipal Corporation decided to remove pavement dwellers. 
  • The petitioner argued that removing them from their places would cause greater harm to them and would be harsh on them. 
  • It was also contented that it in violation of Article 21 and Article 19 of the Constitution of India (COI). 
  • A Special leave petition was filed by the petitioner, a journalist challenging the validity of eviction notice. 

Issue Involved

  • Whether the eviction notices are in violation of fundamental rights guaranteed under Article 19 and Article 21 of the COI of the pavement dwellers? 

Observations

  • The Supreme Court in this case held that Right to live under Article 21 also includes Right to livelihood which is in relation with Right to shelter. 
  • The apex court also stated that without giving them alternate remedy to live would be in contravention to their fundamental rights. 

Conclusion 

  • The Supreme Court held that Article 21 guarantees Right to live in a dignified way and not merely animal existence. It was stated that Article 21 is a bundle of rights required to live in a dignified manner such as the right to privacy, health, education, shelter, etc. 
  • Therefore, it was held that without giving pavement dwellers an alternate place to live is not just and reasonable as per the constitution of India.