Right to Livelihood

Right to Livelihood: A Fundamental Aspect of Human Dignity Introduction The Right to Livelihood is an essential aspect of human dignity and...

Right to Livelihood: A Fundamental Aspect of Human Dignity

Introduction

The Right to Livelihood is an essential aspect of human dignity and survival, ensuring that every individual has the opportunity to earn a living and sustain themselves. In India, this right has been recognized under Article 21 (Right to Life) of the Constitution of India, as interpreted by the Supreme Court in various landmark cases. This article explores the legal foundation, judicial precedents, challenges, and importance of the Right to Livelihood in the Indian context.

Constitutional Provisions Related to the Right to Livelihood

Though the Right to Livelihood is not explicitly mentioned in the Fundamental Rights, it has been read into Article 21 (Right to Life) by judicial interpretation. Additionally, several provisions under Directive Principles of State Policy (DPSP) emphasize the need for employment and economic security:

• Article 39(a): The state shall ensure that citizens have the right to an adequate means of livelihood.

• Article 41: The state shall, within its economic capacity, ensure the right to work.

• Article 43: Promotes living wages and decent working conditions for all workers.

Landmark Judgments on the Right to Livelihood

1. Olga Tellis v. Bombay Municipal Corporation (1985)

This case is the cornerstone of the Right to Livelihood in India. The Supreme Court ruled that the Right to Life includes the Right to Livelihood, and that eviction of slum dwellers without rehabilitation violated Article 21.

2. D.K. Yadav v. J.M.A. Industries (1993)

The Court ruled that termination of employment without a fair procedure violates Article 21, thereby affirming the Right to Livelihood as a fundamental right.

3. Sodan Singh v. New Delhi Municipal Corporation (1989)

This case dealt with street vendors and their right to conduct business on public streets. The Supreme Court upheld their right to livelihood but emphasized the need to regulate such activities for public convenience.

4. State of Maharashtra v. Chandrabhan (1983)

The Court recognized that employment is a significant part of one’s Right to Livelihood and cannot be taken away arbitrarily.

Challenges in Ensuring the Right to Livelihood

Despite judicial recognition, there are several challenges in implementing the Right to Livelihood effectively:

1. Unemployment and Underemployment: Many people struggle to find stable jobs, leading to economic insecurity.

2. Lack of Social Security: Informal workers lack protection, benefits, and job security.

3. Forced Evictions: Slum dwellers, street vendors, and laborers often face displacement without alternative livelihood options.

4. Gender Disparities: Women and marginalized groups face additional barriers in accessing livelihood opportunities.

5. Government Policies and Bureaucratic Delays: Welfare schemes often fail due to lack of implementation and administrative hurdles.

Government Schemes Supporting Right to Livelihood

To address these issues, the Indian government has introduced various welfare schemes:

• Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): Provides 100 days of guaranteed wage employment in rural areas.

• Deendayal Antyodaya Yojana: Aims at skill development and employment for urban and rural poor.

• PM SVANidhi Scheme: Offers micro-credit support to street vendors to sustain their businesses.

• Skill India Mission: Enhances employability through skill training programs.

Conclusion

The Right to Livelihood is an essential human right that ensures economic security and dignity for individuals. Although recognized under Article 21, its implementation faces significant challenges. Judicial interventions and government policies have played a vital role, but more concrete steps are needed to ensure that no citizen is deprived of their means of survival. Strengthening employment policies, social security measures, and labor protections can further reinforce the Right to Livelihood as a fundamental right in India.