Report No. 138
6.3. Paramount need for enacting statutory provisions.-
It is against the back ground of this judicial scenario that we have come to the conclusion that the time has come to give a statutory shape to whatever remedies or safeguards the country may wish to incorporate in its legal system for safeguarding against harsh action in the shape of eviction of pavement and slum dwellers. Our own view is thatbefore they are evicted they must be offered alternative shelter or site or facility such as sleeping sheds like "Rain Baseraa "(hereafter all the three are referred to as facility for the sake of convenience) unless it is, in the considered opinion of the State Government, impossible to do so or the larger public, interest demands their eviction even when no alternative can be offered to them.
It is also necessary to provide for their rehabilitation in case they are evicted, for the whole exercise will be meaningless if they are eventually rendered roofless without hope of succour. A provision requiring the State Government to rehabilitate them is, therefore, called for. We propose to make appropriate recommendations in this behalf hereafter. But protection against eviction will prove futile if the slum dwellers are not provided with essential facilities to enable them to live as human beings. The need in this behalf will be examined in the paragraphs to follow.