Homelessness and Spatial Privacy in India: A Constitutional Review
Year: 2025
Type: article
Abstract: This article explores the critical intersection of homelessness and spatial privacy in India within the framework of transformative constitutionalism. It argues that access to natural and urban spaces is a fundamental right enshrined implicitly in the Indian Constitution, particularly under the right to life and personal liberty (Article 21). Despite constitutional guarantees, homeless individuals face systemic exclusion, intrusive surveillance, forced evictions, and social stigmatization that violate their spatial privacy and dignity. The article highlights spatial privacy as an extension of spatial justice, encompassing bodily and psychological autonomy, crucial for the empowerment and inclusion of marginalized populations. It critically examines judicial pronouncements that recognize the constitutional protections relevant to homeless persons and advocates for a liberal constitutional interpretation that promotes equitable housing policies and social welfare programs. The transformative constitutionalism framework is presented as a dynamic tool to dismantle structural inequalities and affirm the spatial rights of the homeless, ensuring their dignity, liberty, and equality within India's evolving urban landscape.
Authors: Singh, Lakhwinder, Kaur, Manpreet
Institution: Rajiv Gandhi National University of Law
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7108222857
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