Summary of Recent judgment

Case: Olga Tellis & Ors v Bombay Municipal Corporation & Ors



Date of Order / Judgment: 05 October, 2024

The Matter Heard by Bench: Justice Y.V. Chandrachud, Justice Syed Murtaza Fazalali, Justice V.D. Tulzapurkar, Justice O. Chinnappa Reddy, Justice A. Varadarajann

Background

The case of Olga Tellis & Ors vs. Bombay Municipal Corporation & Ors revolved around the rights of slum dwellers in Mumbai. The Bombay Municipal Corporation (BMC) had initiated measures to evict slum dwellers from their residences, arguing that their presence was illegal. The petitioners, a group of slum dwellers, challenged the eviction on the grounds that it violated their right to livelihood, which they argued was protected under Article 21 of the Indian Constitution.

Issues
  • 1. Does the right to livelihood fall within the ambit of Article 21 of the Constitution?
  • 2. What are the obligations of the State concerning the eviction of slum dwellers and the provision of alternative housing?
  • 3. Is the act of squatting, although illegal, subject to humane considerations in the context of social justice?
Observation

The Supreme Court recognized the importance of the right to livelihood, stating that it is an essential part of the right to life under Article 21. While the court upheld the BMC's provision for eviction, it emphasized that the State had a duty to provide alternative housing for those being displaced. The judgment acknowledged the socio-economic realities faced by slum dwellers, asserting that the State must act with compassion and humanity.

The court highlighted that while squatting is illegal, the social context of the slum dwellers should not be ignored. The ruling aimed to balance the enforcement of law with the principles of justice, equity, and good conscience.

Decision

The Supreme Court ruled in favor of the Bombay Municipal Corporation, allowing the eviction of slum dwellers but mandated that the State must ensure alternative accommodation for those affected. The judgment was seen as a progressive step that integrated socio- economic rights into the framework of fundamental rights, thereby expanding the interpretation of Article 21 to include rights not explicitly mentioned in the Constitution.

The Olga Tellis case is significant in the development of Indian jurisprudence as it marked a shift towards recognizing second-generation rights, which include socio-economic rights. By interpreting the right to livelihood as an integral part of the right to life, the Supreme Court laid the groundwork for subsequent judgments that still continued to explore and expand the boundaries of constitutional rights in India.