“11. The averments of the petitioner that walking under and nearby transformer is a safety hazard and that is violation of article 21 of the constitution is incorrect. On the contrary, in State of Karnatake v. Narasimhamurthy (1995 (5) SCC 524: JT(1995) 6 SC 375 SCC (p) 526, para 7: JT at p.378, para 7), Hon'ble Supreme Court held that right to shelter is a fundamental right under Article 19(1) of the Constitution. Further in Chameli Singh Vs. State of U.P. Appeal (civil) 12122 of 1995, Hon'ble Supreme Court observed that “in any organized society, right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibits his growth. All human rights are designed to achieve this object. Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilized society. All civil, political, social and cultural rights enshrined in the universal declaration of human rights and convention or under the constitution of India cannot be exercised without these basic human rights. Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has opportunities to grow physically, mentally intellectually and spiritually. Right to shelter, therefore includes adequate living space, safe and decent structure.... electricity.
