Right to Shelter denied again

By Sanjay Chaturvedi

 Lok Sabha : 2^nd December 2005.

The Union Minister for Law and Justice, Shri H. R. Bhardwaj informed the Lok Sabha today that there is no proposal before the Government to make Right to Shelter, Health and Work as Fundamental Rights.

Right to property was taken back in 1977 after Emergency was imposed in the country. Property Owner Associations and many other associations are perusing the government to restore the right to own a property in the country.

Because of this non existing of fundamental right, Bombay High Court had decided its verdict in the mill land. The absence of such right adversedly affected the mill owners and mill land purchasers.

Because of this right, Income Tax department can impound the property offered for sale above certain specified limits if they think that the transaction is evading tax under section 269 UC. A permission is necessary under 37 I for sale of property above specified different limits for different cities in India.    

As regards the Right to Education, it has been made a Fundamental Right by inserting a new Article 21A in the Constitution of India which provides that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”  The Government has also launched Sarva Shiksha Abhiyan with the following goals:

i)                    All 6-14 age children in school/EGS
            center/bridge course by 2005;

ii)                   Bridge all gender and social category gaps at 
            primary stage by 2007 and at elementary 
            education level by 2010;

iii)                 Universal retention 2010;

iv)                  Focus on elementary education of 
            satisfactory quality with emphasis on 
            education for life.