THE RIGHT TO LIVELIHOOD UNDER ARTICLE 21 INCLUDES RIGHT TO LIVE IN SAFE BUILDINGS AND HOUSES- BOMBAY HC

In the light of building collapses in Mumbai, the Bombay HC said that the Right to livelihood covered under Article 21 includes the Right to live in safe buildings and houses.

A Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a PIL initiated suo motu to address the issue of worn-out buildings and illegal constructions in the State of Maharashtra. In June 2021, the Court called for a judicial inquiry into the Malad building collapse case, after it was convinced that the suo motu case failed to provoke the Brihanmumbai Municipal Corporation (BMC) to take action against the culprits.

On Saturday, the bench disposed of the case after passing a set of directions, holding that all municipal corporations had powers to take action against structures found to be unauthorized. The Bench further emphasized that the reason for such illegal buildings coming up was the connivance between municipal and state officials. 

The Court also called for putting a mechanism where the concerned officers would enforce an audit of buildings that are notified as ruinous and can be vacated so that lives are not lost in case of collapse. 

The Bench further pulled up the officials whose negligence of official duties led to the loss of lives. The Court also pointed out that corruption in the municipal corporation should be brought to the book by applying the Prevention of Corruption Act.