“This summer, I have been working with the Human Rights Law Network (HRLN) in New Delhi, India. Some of my work has been on urban housing rights of slum-dwellers who are forcibly evicted from their homes by the government. Over the past 10 years, major cities throughout India have been engaging in massive demolition drives of slums in the name of development and modernization. As a result, tens of thousands of families who have been residing in these slum areas have been left homeless. These forced evictions and demolitions are often done in violation of both domestic and international human rights law. The Constitution of India protects the right to life which has been interpreted by the courts to include the right to shelter. To that end, local governments have established rehabilitation policies which provide that if an individual slum-dweller meets certain criteria, the government is supposed to provide them with alternative housing. However, these demolitions are often done without following due process and victims are not provided with proper rehabilitation.
During my time with HRLN, I’ve gotten to work on several urban housing rights cases that have been filed over the past few years. Ideally, we try to prevent demolitions from happening by petitioning the court for a stay order on the demolition until a proper survey can be conducted to determine which residents are eligible for rehabilitation. However, if the demolition has already occurred, then we work to get proper rehabilitation and compensation for residents as needed. Sadly, these cases can last for months and even years as people wait to be rehabilitated by the government. Often they have no other choice but to pick up the pieces of their demolished home and rebuild either in the same spot or elsewhere.
For example, in January 2009, the government arrived on site with no prior notice, gave residents 30 minutes to remove their belongings, and demolished over 200 homes. The residents filed a public grievance shortly after the demolition, but nothing came of the various hearings. HRLN filed a petition in the Delhi High Court in late 2011 seeking proper rehabilitation for eligible victims. In June 2012, we received word over the weekend that the government was threatening to again demolish the temporary structures that had been built after the 2009 demolition on Monday morning. When I asked what I could do to help, my supervisor responded with “you any good at standing in front of bulldozers?” Only he wasn’t kidding. So first thing Monday morning, I headed to the slum waiting for the bulldozers to arrive. While I was on site, my supervisor was at the Delhi High Court filing an urgent petition. Thankfully, he was able to get a temporary stay order preventing the government from any further demolition activity until the next hearing. It is a small step to be sure, but an incredible thing to be a part of.“
