The Right To Housing As An Unenumerated Fundamental Right: Testing India's Eviction Jurisprudence Against Article 21

Ms. Shamayeeta Dey, LLM (Human Rights, AIALS, Amity University, Noida, Uttar Pradesh. ABSTRACT The Supreme Court has told India, more than once and in increasingly forceful language, that the right to shelter lives inside Article 21. It said so in 1985, when it linked pavement dwellers' evictions to the right to livelihood. It said so again in 1996, dropping the hedge entirely and calling shelter a fundamental right in its own name. And it said so with real teeth in November 2024, when it...