Right To Shelter

[Sundeep Jalan]

Date: July 15, 2007.

To,

The Hon. Chief Justice And The Companion Justices,

The Hon. Bombay High Court,

Mumbai-400032.

 

Regarding: Alistair Peraira  Hit And Run at Carter Road Pavements,Bandra, Mumbai;  and  Right to Shelter.

 

My Lord, despite the inhumane accident in which Labourers sleeping on the footpath were run over by a speeding vehicle, One thing that has not changed is ,*Families*  continue to live on footpaths for they have no roof over their heads in the world's largest Democracy.

 

My Lord,  In the backdrop of Vishaka V State Of Rajasthan, case relating of a social worker gang raped, the Hon. SC found occassion and went on to frame guidelines to protect women from sexual harrasment at work place; And

 

In the light of this case in which seven labourers   sleeping on FOOTPATH, were killed, The writer pleads before this Hon. Court to find occassion to reaffirm Right to Shelter as a fundamental right.

 

My Lord, dogs can live on footpath, but Human Beings should not.

 

My Lord, Right to Shelter  is SO Fundamental. This is  the Foundation upon which any Fundamental right can dwell.

 

A Man without roof is  rootless , for him the Constitution or the ideals enshrined in it are sham and farce.

 

Can a Life or Dignity of Life be imagined sans "Shelter".

 

Is it really possible to enjoy "any" rights whether Constitutional or otherwise in the absence of this right.

 

My Lord , a man without roof invariably loses self respect and conscience.

 

My Lord, In the Pretext of abdicating from their Constitutional Obligations, to veil their inefficiency, mal-practices and Corruption, time and again, Our Govts. both central and State, have maintained that they have not enough funds for various social welfare and other infrastructural projects, in spite of the fact that those projects directly or indirectly ensures the "Life", of the masses and they are paramount for their very existence.

 

My Lord, In the present Constitutional Framework-

 

1) The Constitution of India, in its Fundamental Rights, Guarantees every Person the security of life with dignity, of course in accordance with Procedure established by Law.

2) The State, which include the three wings of the State viz. The Legislatures, The Executives and The Judiciary, take Oath to ensure these Fundamental Rights to every Person, before assuming Office.

 

To achieve and ensure that the State can fulfill and honour their Oath , the Constitution endowed the State[The Executives] with extraordinary Powers,

 

1)The "State", among others, can  impose taxes on the People so as to generate revenues needed for various administrative and other welfare programmes etc.

 

2) The State shall have complete freedom in framing  its Economic and Fiscal Policies, Their Annual Budget allocations, Programmes etc., and it will not be the Subject of Judicial intervention.

 

My Lord, What powers the State need, in addition, to ensure the Fundamental Rights of People Of India.

 

My Lord , in the light of these powers, the most basic needs of the People must first be ensured before assigning any funds for other programmes.

 

The State claim of paucity of Funds is illfounded and hence unacceptable.

 

My Lord, The Constitution Of India also take refuge on footpath along with every person sleeping on the footpath, for reasons enshrined in the preamble itself.

 

The writer pleads to take cognizance of the paramount issue involved and show cause the state why the people shall not have right to shelter as a fundamental right.

 

Sandeep Bharat,

32,Rajpuria Baug,NP Thakkar Rd,Vile-Parle(E),Mumbai-400057

[Abhijit K]

Dear Sundeep,

Keep on your crusade against injustice through RTI.

BM is proud to have a member like you who has been so consistent on
using the tool of PIL ..

Best Wishes,
Abhijit @pune.

--
Abhijit Meenakshi
About my name: www.geocities.com/abhijit1303/aboutname.txt
www.bharatudaymission.org

[BhanuPrakash Singh]

Dear Sundeep,

Please keep the crusade on. The rulers of this country  have  created innumerable citizens who take pride in the type of conduct like hit and run, shoot if a drink is refused , simply pick up and kill any body to save honour of the family!,kidnap at will and kill or bargain for money. Remember most of such citizens are either rulers or people very close to rulers presenr or past. You recall the case where few SP boys drove around an ACP in Lucknow on the bonnet of their jeep.

We need to change the system whole lot. When you plead, they are amused.

Bhanu M@ Bhopal

Abhijit K <abhi...@gmail.com> wrote:

Dear Sundeep,

Keep on your crusade against injustice through RTI.

BM is proud to have a member like you who has been so consistent on
using the tool of PIL ..

Best Wishes,
Abhijit @pune.

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