Rajiv Gandhi National University of Law (RGNUL), Punjab, India.
World Journal of Advanced Research and Reviews, 2025, 27(03), 1558-1562
Article DOI: 10.30574/wjarr.2025.27.3.3293
Received on 15 August 2025; revised on 22 September 2025; accepted on 25 September 2025
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.
Homelessness; Spatial Privacy; Transformative Constitutionalism; Indian Constitution; Social Justice; Right to Dignity
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Lakhwinder Singh and Manpreet Kaur. Homelessness and Spatial Privacy in India: A Constitutional Review. World Journal of Advanced Research and Reviews, 2025, 27(03), 1558-1562. Article DOI: https://doi.org/10.30574/wjarr.2025.27.3.3293.
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