Shantistar Builders v. Narayan Khimalal Tatome and Others

Shantistar Builders v. Narayan Khimalal Tatome and Others

Forum:

Supreme Court of India

Rights:

To an adequate standard of living, to life, to adequate food, to adequate housing, to development

Action:

The Court in this case held that constitutional right to life guarantees ensure the equality of the “weaker segments of society”, and found that meeting basic needs is indispensable to the development of individuals. It declared:

Basic needs of man have traditionally been accepted to be three- food, clothing and shelter. The right to life is guaranteed in any civilized society. That would take within its sweep the right to food, right to clothing, the right to a decent environment and a reasonable accommodation to live in. The difference between the need of an animal and the human being for shelter has to be kept in view. For the animal, it is the bare protection of body; for the human being, it has to be a suitable accommodation that would allow him to grow in every aspect physical, mental and intellectual. The Constitution aims at ensuring fuller development of every child. That would be possible only if the child is in a proper home ... a reasonable residence is a indispensable necessity for fulfilling the Constitutional goal in the matter of the development of a man and should be taken as included in ‘life’. . . .