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Basic Human Necessity

HOUSING RIGHTS

A ROOF OVER EVERY HEAD

A home is more than four walls; it is dignity, safety, and a foothold in society. Housing Rights ensure that no citizen is forced to live on the streets, face illegal eviction, or endure inhumane living conditions.

In a rapidly urbanizing India, the fight for affordable housing and tenant protection is the fight against the erasure of the poor.

Part 2: The Crisis

The Urban Divide

Based on Census 2011 & PMAY Urban Reports
1.77M
Homeless
Census 2011 (Likely Higher)
65M
Slum Population
Living in Unsafe Conditions
11M
Vacant Houses
Locked Investment Properties
1.1Cr
PMAY Target
Houses Sanctioned

The Threat of Eviction

Slum dwellers live in constant fear of the bulldozer. Illegal evictions without rehabilitation violate the Supreme Court's ruling in Olga Tellis vs. Bombay Municipal Corp, which linked the Right to Livelihood with the Right to Life.

Tenant Vulnerabilities

  • No Contracts: 90% of low-income rentals are oral agreements, leaving tenants open to sudden rent hikes or eviction.
  • Discrimination: Single women, minorities, and Dalits are routinely denied housing in "respectable" societies.
  • Poor Amenities: Landlords often refuse basic repairs or cut off water/electricity to force tenants out.
PLAN APPROVED

Housing Stability Index

Health ImpactSevere

Lack of sanitation leads to chronic disease in slums.

Education ContinuityDisrupted

Eviction forces children to drop out of school.

Economic ProductivityUnstable

Without an address, obtaining Aadhaar/Jobs is difficult.

"Housing First is a proven model. Give people a home, and other problems like health and unemployment become solvable."

Part 3: The Law

The Right to Shelter

Constitutional protections and government schemes.

PMAY (Urban/Gramin)

Pradhan Mantri Awas Yojana

"Housing for All." Provides subsidies (CLSS) to build pucca houses with water, sanitation, and electricity. Mandatory ownership for women.

Govt Scheme

Model Tenancy Act 2021

Rent Regulation

Establishes Rent Authorities. Caps security deposits (2 months for residential). Bans eviction without court order.

Fair Practice

Key Judgments

Chameli Singh vs. State of UP (1996)

Supreme Court ruled that "Right to Shelter" includes adequate living space, safe and decent structure, clean surroundings, etc.

Due Process for Eviction

Authorities cannot bulldoze homes without prior notice and a rehabilitation plan. Arbitrary demolition is unconstitutional.

Street Vendors Act 2014

Recognizes the rights of street vendors to livelihood and regulates eviction/relocation zones.

Part 4: The Barriers

Why Is It Unattainable?

Lack of Documents

PMAY requires land titles (Patta). Most slum dwellers living on encroached public land do not have these papers.

Rising Costs

Real estate prices in cities are skyrocketing, pushing affordable housing to the distant peripheries where there are no jobs.

Deposit Demands

Landlords in cities like Bangalore/Mumbai demand 10 months of rent as a deposit, excluding the working poor.

Migration

Migrant laborers are transient. They are often excluded from state-specific housing schemes because they lack local residency proof.

Legal Delay

Tenancy disputes drag on for decades in civil courts, discouraging landlords from renting out to the poor.

YOUR ROLE

Treat domestic staff with dignity. Help them apply for government housing schemes. Support slum rehabilitation.

Part 5: The Response

BRAC SHELTER PROTOCOL

From legal defense to brick-and-mortar construction.

1. Legal Defense

Stopping the bulldozers.

• Stay Orders: Filing urgent petitions to halt illegal evictions.
• Tenancy Disputes: Representing poor tenants in Rent Courts.
• Title Rights: Helping slum dwellers get 'Patta' (land rights).

2. Scheme Linkage

Accessing government funds.

• PMAY Application: Assisting families in filling complex forms.
• Document Prep: Helping procure caste certificates/income proofs.

3. Low-Cost Construction

Building safely.

• Technical Aid: Providing architects for low-cost, durable designs.
• Material Bank: Supplying subsidized cement/bricks.

4. Slum Upgrading

Improving what exists.

• Sanitation: Building community toilets and drainage.
• Water Access: Installing legal water connections.

5. Night Shelters

Immediate relief.

• Operations: Managing clean, safe shelters for the homeless.
• Winter Drive: Distributing blankets and warm clothes.

ACTIVATE SHELTER

Select your impact level. 85% of funds go directly to programs.

IMPACT LEVEL 1
₹1,000

Provides legal aid to stop the eviction of one slum family.

DONATE NOW
RECOMMENDED
IMPACT LEVEL 2
₹10,000

Funds roof repair materials for a dilapidated home before monsoon.

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IMPACT LEVEL 3
₹50,000

Sponsors the construction of a community toilet block.

DONATE NOW

Tax Deductible under Section 80G.

Transparency: You will receive a donation receipt & impact report.

Frequently Asked Questions

Can a landlord evict me without notice?

No. Even without a written contract, tenants are protected by law. Landlords must provide a legal notice and obtain a court order for eviction. Forcible eviction is illegal.

Am I eligible for PMAY?

If your annual family income is below ₹3 Lakhs (EWS) or ₹6 Lakhs (LIG) and you do not own a pucca house in India, you are likely eligible for subsidies.

Is my donation tax deductible?

Yes. BRAC is registered under Section 80G. You will receive a tax exemption certificate via email within 7 days.

Disclaimer: This content is for informational purposes only and is not legal advice. Laws may vary by location. BRAC is not responsible for errors, omissions, or consequences arising from its use. BRAC® is a registered trademark. Unauthorized commercial use is prohibited. For corrections or permissions, email info@brac.in