9 thoughts on “Guest Post: The Supreme Court’s Eviction Order Ignores the Rights of Jhuggi Dwellers

  1. This is the best ICLP post I have read in a long time. Thank you for posting it.

    Warm regards Prannv.

    On Sat, 5 Sep, 2020, 8:05 pm Indian Constitutional Law and Philosophy, wrote:

    > Gautam Bhatia posted: ” [This is a guest post by Rishika Sahgal.] On 31 > August 2020, a 3-judge bench of the Supreme Court passed an order, > requiring the removal of 48,000 jhuggi jhopdis (hutments) built along > Railway tracks in Delhi, within a period of 3 months. The orde” >

  2. The first thing I thought was, where will they go?? and the second was, what’s the all-fired hurry? Thank you for pithily putting out exactly what’s wrong with this judgement and the monumental injustice of it.

  3. Thank you for the legal analysis. I have a minor quibble with your conclusion.

    I accept that right holders utilising their political muscle (via their representative) is a manifestation of universal franchise. But I have a issue with your treatment of the ‘vote bank politics’ argument. I believe the argument has merit when it is used as a critique against the political class, as opposed to as an insensitive critique of the right holders. The political class, at times for political gains, might be more intent on letting the issue fester, rather than finding the best solution for the right holders. Therefore, to celebrate such an occurrence as a victory of democracy, we need to check if the representatives are genuinely acting (e.g. pushing for appropriate rehabilitation as opposed to stalling matters) in the best interests of the right holders. If that is the case, we should most definitely celebrate it, but mere stalling of eviction by representatives, mightn’t be as worthy of celebration (though of course, a much better result than unilateral eviction without keeping right holders’ interests at the heart of the matter).

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