BLAST and another vs. Bangladesh and others, Writ Petition No. 2760 of 2008 [Jhilpara Slum Eviction Case]

Fact: BLAST, along with residents of Jhilpara Slum, filed a writ petition in the High Court challenging a notice issued by the Executive Magistrate directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area on plea of illegal occupation.

 

Argument: The petitioners claimed that forced eviction of slum dwellers, without prior rehabilitation or resettlement, constitutes a violation of the right to life, including the right to shelter, guaranteed by Articles 31 and 32 of the Constitution, read with Article 15.

 

Judgement: The High Court stayed the operation of the notice and issued a Rule Nisi on the respondents directing them to show cause as to why the threat of eviction without providing for alternative rehabilitation should not be declared to be without lawful authority and unconstitutional being in violation of the fundamental rights of the slum dwellers to life and to be treated in accordance with law.