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VOL. 7, ISSUE 2 (2025)
Homelessness and constitutional law: Legal pathways for addressing social justice issues
Authors
Shreyansh
Abstract
Homelessness in India has always been a complex socio-legal challenge
shaped by poverty, rapid urbanisation and inadequacies in policy implementation.
The paper views homelessness in India through the perspective of constitutional
law, focusing on legal pathways for solving long standing social justice
problems. It begins with an introduction that explains homelessness as a severe
lack of dignity and security, closely linked to fundamental rights guaranteed
by the Indian Constitution.
The paper defines homelessness clearly, including those without permanent
housing and those at risk because they
do not have legal rights to their homes. It looks at the various causes of
homelessness, such as poverty, urban migration, forced evictions, and social
exclusion. The paper highlights the individual rights of homeless
persons, especially under Articles 21, 14 and 19, which protect the right to
live with dignity, equality, and freedom to live anywhere. It then reviews government initiatives like the Scheme of
Shelter for Urban Homeless and Pradhan Mantri Awas Yojana-Urban, explaining
their goals, successes, and challenges. The constitutional aspects are
discussed alongside laws protecting vulnerable homeless groups such as
children, women, the elderly, the disabled, and persons with mental illness. The
judicial response to homelessness is also covered, showing how courts have
gradually combined these rights and laws to create stronger protections. It
identifies ongoing issues such as a lack of good data, limited eligibility, low
funding and forced evictions that block the full realisation of homeless
persons’ rights. The conclusion combines these findings and calls for a united
effort of laws, policies and courts to protect homeless persons dignity and
rights effectively. The paper suggests better data collection, wider policy
reach, stronger legal protections, improved funding, judicial monitoring, and
including homeless persons in decision-making. This study offers a clear map of
how homelessness connects to constitutional rights and legal reforms, pointing
the way to better social justice in India.
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Pages:180-185
How to cite this article:
Shreyansh "Homelessness and constitutional law: Legal pathways for addressing social justice issues". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 180-185
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