This article was submitted to the LSE Undergraduate Political Review Blog by external contributors. The authors are Varun Pratap Singh, a fourth-year BA LLB student, and Adishree Sakhare, a third-year BBA LLB student, from the Maharashtra National Law University, Aurangabad.
“Segregation not only harms one physically but injures one spiritually. It scars the soul. It is a system which forever stares the segregated in the face, saying you are less than. You are not equal to.” – Martin Luther King Jr
In Re: Directions in the matter of demolition of structures, Justice B.R. Gavai, quoted a couplet of Hindi Poet ‘Pradeep’ and went on to write “It is a dream of every person, every family to have a shelter above their heads. A house is an embodiment of the collective hopes of a family or individuals’ stability and security.” However, such hopes are shattering in this nation. Recently, a Muslim couple in Moradabad, Uttar Pradesh was compelled to leave their newly-purchased flat because of their religious denomination. The couple were forced to abandon their home after facing protests from their Hindu neighbours. They had legally purchased a flat from the previous homeowner Dr. Ashok Bajaj only to encounter relentless hostility from people , who claimed that the presence of a Muslim family would threaten the safety of their women and disrupt their “sanatani culture.” The protesters, comprising both men and women, argued that when the colony was established, it was agreed no property would be sold to non-Hindus. Adding to the objection was the fact that the flat faced a temple located within the colony premises. Some of the residents raised banners and slogans against Dr. Bajaj, demanding he take back the property and resell it to any Hindu family. The district administration has taken note of the matter and is attempting to mediate a resolution, but this episode exposes the alarming rise of segregationist attitudes in modern urban India and raises questions about the constitutional promise of equality and secularism.
This incident is not isolated. There have been multiple similar incidents from Captain Zainal Abdul Juwale, a hero who saved 700 Indians during the Kuwait invasion, being denied a house in Bandra solely due to his Muslim identity , to a property sale in Gujarat between a Hindu and Muslim family being blocked by a housing society secretary, despite both parties’ consent. In major cities like Delhi and Mumbai, brokers often suggest Muslim tenants live in designated “Muslim zones”, further segregating communities.
Sadly, discriminations go beyond individual justice. By establishing ghettos and sustaining prejudices, societal gaps are widened. According to data from 2001 to 2011, cities’ dissimilarity values were 0.47 and 0.45, respectively. Despite their socioeconomic progress, states such as Tamil Nadu are home to some of the most caste-based geographically unequal cities . Maharashtra has responded to these problems by enacting progressive anti-discrimination legislation that will be enforced strictly throughout the country in order to eradicate discriminatory practices by private landlords and cooperative housing groups.
Inclusive urban planning must integrate diverse communities to prevent ghettoization, while initiatives like “Housing for All” should tackle socio-cultural and economic barriers. India’s commitment to the UN’s Social Development Goals demands accessible, prejudice-free housing to foster inclusivity. Collaborative legal, societal, and political efforts are essential to uphold constitutional ideals, ensuring dignity, equality, and sustainable development for all.
Legal Lacunae And The Struggle For Equal Housing Rights
In the Landmark Case of Olga Tellis v. Bombay Municipal Corporation, it was held that the right to shelter is a basic fundamental right enshrined under Article 21. However, at the same time, there is rampant discrimination against minority groups in India when they try to buy or rent a house. That marginalised groups face this discrimination is clear from empirical research conducted in 2015, where it was found that 30 percent of Muslims and 18 percent SC/ST people were denied homes by brokers. Simultaneously, upper-middle class individuals faced no barriers.
The main cause of such exclusion is the absence of anti-discrimination legislations that expressly bars Resident Welfare Associations (RWAs’) from either selling or renting their property to certain classes of individuals, on the grounds of ‘exclusivity of identity’.[7] However, some provisions seeking to curb housing discrimination have been given in the Protection of Civil Rights Act 1995 and The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 as explained below
Section 4(viii) of the PCRA states that anyone, on the grounds of untouchability, restricting the construction, acquisition, or occupation of any residential premises in any locality shall be punishable with minimum imprisonment of one month and fined along with it. Moreover, Section 3(z) of the SC/ST Atrocities act states that no one can force or cause a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence. These statutes act as a protective shield against discrimination towards marginalised sections of society. However, these acts were made to prevent the primal notions of Untouchability and to combat caste based discrimination and are not primarily related to religion-based discrimination
This negative trend received its legitimacy from the case Zoroastrian Co-Operative vs District Registrar Co-Operative where the Supreme Court upheld cooperative societies’ right to restrict property sales to certain religions by resorting to freedom of association under Article 19(1)(c). This judgment, still not overruled, inadvertently legitimizes housing discrimination. Such judicial inconsistencies undermine the constitutional promise of equality and secularism, leaving minority communities vulnerable.
Conclusion
The long history of housing discrimination against India’s underprivileged communities serves as a sharp reminder of deep-seated religion and caste biases which still exists in modern times. The denial of housing to excluded communities in major centers is more than just a legal matter; it is a profound moral failure that goes against our constitutional values of equality and fraternity. A house has more than four walls and a roof; it is a million people’s desire for a place where they can feel safe and grow in dignity. However, due to institutionalized prejudice and discrimination, families continue to be unable to meet their fundamental needs. Every person, regardless of their caste and religion, has the fundamental right to live without the shackles of discrimination and exclusion. The time has come back down these walls of segregation and build bridges of understanding and inclusion.
The absence of anti-discrimination statutes is crucial, especially for the ones who suffer from religious bias. Existing laws, such as Protection of Civil Rights Act and Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, primarily address the caste-based discrimination and do not extend protection against religious discrimination, while strengthening existing protections and fostering urban planning is necessary to ameliorate the deep societal wounds caused by segregation. Public awareness campaigns and collaborations with civil societies, NGO’s, awareness drives, posters, social media influence, learnings in primary and secondary schools and universities, are all initiatives that will empower and educate people against discriminatory practices targeting marginalized communities and will reshape the attitudes of the upcoming generation. An inclusive society is not only a responsibility on the shoulders of the legislative or the executive, but on all Indian citizens. Only by standing together and joining hands in the face of injustice can we genuinely uphold the constitutional promise of equality and fraternity and ensure that every Indian, regardless of caste, creed, religion, sex, has the right to call a place home.
