Administrative Law and the Right to Housing: A Comparative Study of Legal Protections for Marginalized Groups
Author: Harshita Bhola, Student, Vivekananda Institute of Professional Studies. [Page: 195-205]
KEYWORDS: marginalized communities, Forced Evictions in India, Right to Housing, Administrative Law,
ABSTRACT
The right to housing is integral to the fundamental rights of dignity, equality, and life. In India, marginalized groups, especially Scheduled Tribes (ST), Scheduled Castes (SC), and forestdwelling communities, often face forced evictions due to developmental projects and land acquisitions. This paper explores the legal framework surrounding forced evictions in India, focusing on the constitutional and statutory protections for marginalized communities. It highlights the role of National Legal Services Authority (NALSA) in providing legal aid and examines judicial precedents, particularly the Olga Tellis case and Banwasi Sewa Ashram v. State of Uttar Pradesh (2019), which call for better legal safeguards. A comparative study of the eviction laws in the UK, US, and Kenya provides valuable insights into alternative models for protecting the rights of displaced persons. The paper proposes a Transparent Eviction Regulation and Housing Justice Act (EJRA, 2025) as a solution for ensuring transparency, accountability, and fairness in eviction processes.
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