The Context

The rights to housing for all remains a dream for many who do not have secure entitlements such as  tea garden worker, those living in the forest who were not surveyed for their entitlments during either pre colonial or post colonial India. The case of such remains most precarious and there is a need to ensure housing rights, right to homestead land  and land rights for large number from among the tribes living in the forest areas and those from among the scheduled castes who did not secure housing rights. There are concerns for housing rights for migrant workers living in rented accomodations and some living on the leased plots in makeshift accomodations. The rights to housing remains a goal for the civil soceity organisation ,good governance auditors as well as that of Central and state governments in India and rest of the globe. 

The Constitution of India is firmly grounded in the principles of liberty, fraternity, equality and justice. While the right to adequate housing is not explicitly articulated as a human right, it is encompassed within the Fundamental Rights and Directive Principles provided in the Constitution.

The Fundamental Rights guaranteed by the Constitution of India, which are linked to the protection and guarantee of the human right to adequate housing, include:

Article 21: The right to protection of life and personal liberty except according to procedure established by law.
Article 14: The right of every citizen to be treated equally before the law or be given protection of the laws within the territory of India.
Article 15 (1): The right of every citizen to be protected against any discrimination on grounds of sex, religion, race, caste or place of birth.
Article 19 (1) (d): The right of every citizen to move freely throughout the territory of India.
Article 19 (1) (e): The right of every citizen to reside and settle in any part of the territory of India.
Article 19 (1) (g): The right of every citizen to practice any profession, or to carry on any occupation, trade or business.

The Constitution of India provides for Directive Principles, according to which the Indian State must formulate its policies. These include:

Article 39 (1): State policy to be directed to securing for both men and women equally the right to an adequate means of livelihood.
Article 42: Provisions to be made by the State for securing just and humane conditions of work and for maternity relief.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

The session on the housing rights for all will have an sharing of from India and other sharings from across the world in order to secure legislative actions in India for fulfilling the objective of the housing rights of all.

Format of the Activity

The 90 minutes of deliberations will be structured for quick telegraphic sharing on the common shared issues, creating a consensus for the demands from the concerned stakeholder ministeries through a charter of demands on the basis on the learnings of the participants from among housing rights movement, social movement, civil society organisations and others.

Outcome

Charter of demands to be presented to the stakeholders in government ,political parties and civil society organisation and local governance leaders and such who are  consulted in securing the rights to housing across the habitatations as part of the national flagship programmes.

The second International Consultation on the occasion of World Social Forum on Housing for All: Homelessness for None was Organised by Hawkers Joint Action Committee in collaboration with ACORN International and Safety and Rights Society, Bangladesh from  4.00 pm to 5.30 pm at Venue: Room Number 17, Floor 2, Block C, Ratna Rajya Campus, Kathmandu, Nepal .

Advocate Vinod Shetty and the speakers moderated the session. Speakers included   Ms.Emma Saunders, Scotland, Ms.Judy Duncan, Canada, Mr. Sikandar Ali Mina, SRS, Bangladesh and Mr.Mohidul Islam , a trade union leader.

Advocate Vinod Shetty, the Honorary Director, ACORN International shared about his work for the residents of the Dharawi slum which is undergoing redevelopment in public-private partnership mode. He shared about the criteria for the allotment of flats for the residents and how some of them living there since the time before 2000 will receive flats and those living there after 2000 will receive rental accommodation. Not all residing there will be allotted rehabilitation flats. He denounced such a rehabilitation policy for those who in the first place developed the area since the area was marsh land. Ms.Emma Saunders , ACORN International ,Scotland spoke about her campaign for living rent and cited the example of Edinburg where rent for a flat was upto 2000 pound while the minimum wage was equivalent to Rs 2000 in India.  This made the lives of many immigrants very difficult as there were many asylum seekers as well who had to face difficult situation in finding living accommodation. Ms.Judy Duncon of ACORN International ,Canada shared about the housing situation in Toronto. Mr.Sikandar Ali Mina and Safety and Rights Society called for urgent attention to the housing for the 80 percent of the migrant workers.

Considering the deliberations, social movement literature and the active engagement of Hawkers Joint Action Committee, ACORN International and Working People's Coalition, following demands are being raised for the ensuring best deal for the informal secotor workers, their habitats and their place of work. 

1. Equal quality housing that are climate responsive is an urgent need for across the lands and this is a fundamental right which must be realised by all governments.
2. Portability of social security for all migrating within and across the countries needs to be ensured through approriate legislations.  A UN Convention for the Portability of Social Security needs to promulgated.
3. Cooperation for minimising migration needs to be ensured through addressing the root causes. 
4. Human rights to food, shelter, water and clothing needs to be ensured within and across the countries.
5. City plannning needs to ensure space for street vendors and homeless within and across the cities across the countries.