Monday 18 January 2016

Who cares to protect the right of SLUM DWELLERS


                   The island of Mumbai is one of the most blessed islands in the whole world. The city of Bombay (now Mumbai) during the British times was considered to be one of the finest cities in the world. Governmental policies and the absolute apathy to address the basic needs of the people like shelter, drinking water, sanitation etc., have reduced the city to the worst city on earth, the most unlivable city in the world, the worst city according to a recent survey conducted by a reputed international agency.
 
                 Rex est procurator factuoram - it is the duty of the King to protect those who cannot protect themselves – is a fundamental principle of constitutional law. It is the duty of the State to provide for the basic amenities for the preservation of life, shelter, food and basic needs of clothing, sanitation and, in a modern society, health care, education, etc., to its subjects. The State of Maharashtra, however, instead of providing its subjects such basic amenities, like a devil – even that would not be a mild expression – renders homeless thousands of poor slum dwellers. That is what happened many times in the past. It took place in 1995, though unfathomable, under orders of this Hon'ble Court which is expected to render justice to the poor. The legendary Justice Krishna Iyer suffered a near heart shock after seeing the savage crime committed upon nearly four lakhs of slum dwellers in the name of preservation of Sanjay Gandhi National Park. What is practiced today is not environmental protection, but a savage attitude in the name of environment. Environmental protection requires sacrifice on the part of the rich, powerful and the mighty, who should avoid air-conditioned Court Halls and other luxuries so that the environment is protected. Lawyers, Barristers and Judges emulate Mahatma Gandhi and they all accept what that great soul did, whose all possessions were two loin clothes, two towels, a spinning wheel and a reading glass. It is a war on humanity to render the poorest of the people homeless, who have set up their shanties on dirty and marshy land, in the name of protection of mangroves. In Mumbai only a microscopic minority has their own homes; the vast majority either lives in slums or rented premises.

              The right of self-preservation, the right of existence, the right to shelter, the right to livelihood to keep one’s body and soul together, the bare basic needs, and the right for clothing, are not only fundamental rights, but they also mean a fundamental duty vested in the State to provide them to those who out of their disability and deprivation are not able to secure for themselves.


                    Once again, the ruthless authorities of Mumbai Municipal Corporation punished the poor slum dwellers of Mumbai by demolishing their shanties and rendered them homeless. The abode of about 70 families were demolished by the Bombay Municipal Corporation and even now thousands of people living in the most unthinkable, unimaginable and inhuman conditions are being rendered homeless.
                   But a writ petition moved by the slum dwellers through the President of National Lawyers’ Campaign for Judicial Transparency and Reforms(NLC) Mr. Mathews J.Nedumpara, Supreme Court lawyer, seeking  direction to the authorities to provide immediately alternative accommodation to them as also humanitarian assistance such as food, water, clothing and medicines was disposed without any positive reliefs by a Division Bench of Bombay High Court which virtually rendered  the poor slum dwellers and their families homeless and thrown to utter poverty and misery.





This poor girl,Sneha, studying in std 1 at Mount Mary school has since her shanty been demolished has not been able to attend her classes like 50 other small children similarly placed. . .


  
The National Lawyers’ Campaign for Judicial Transparency and Reforms's photo.

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