In OLGA TELLIS v. BOMBAY MUNICIPAL CORPORATION, AIR 1986 SC 180, the Supreme Court held that:
Athe right to LIVELIHOOD is part of the right to LIFE under Article 21 — eviction of pavement dwellers without notice and consideration of alternatives violates Article 21
Bpavement dwellers have no constitutional rights (cf. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180) (cf. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180)
Conly formal employees have right to livelihood (cf. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180) (cf. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180)
Dright to life excludes economic dimensions (cf. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180) (cf. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180)
Answer & Solution
Correct answer: A. the right to LIVELIHOOD is part of the right to LIFE under Article 21 — eviction of pavement dwellers without notice and consideration of alternatives violates Article 21
1. In Olga Tellis (1986), the Supreme Court considered the eviction of pavement dwellers in Bombay (Mumbai).
2. The Court held: 'The right to live includes the right to livelihood. No person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation.'
3. The Court directed: pavement dwellers cannot be evicted without notice and consideration of alternative accommodation.
4. This expanded Article 21 to include SOCIO-ECONOMIC rights.
5. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180_
Related questions
The RIGHT TO FOOD under ICESCR Article 11 was elaborated in CESCR General Comment No. 12 (Article 13 ICESCR recognises the right to EDUCATION. Primary education shall be:Section 11A NHRC complaints are admitted on grounds of:The KAMPALA AMENDMENTS to the Rome Statute (2010) activated the CRIME OF AGGRESSION jurisdThe DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall AThe PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrIn NUREMBERG TRIALS 1945-46, the International Military Tribunal articulated the principleArticle 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the H