Statement of Objects and Reasons

The poorest and most vulnerable among the rural families are those who are landless and homesteadless. An estimated 13 to 18 million families in rural India today are reported to be landless, of which about 8 million lack homes of their own. The National Sample Survey (NSS) data shows 10 per cent landlessness in the country and 5.5 per cent are houseless implying thereby 7.9 million persons without dwelling units.

It's now an accepted position globally and also as laid out in various judgements of Hon'ble Supreme Court of India, that a roof over one's head needs to be seen as a basic human right, and a fundamental right that guarantees dignity to an individual. The Government of India believes that a homestead of 10 cents provided to a poor homesteadless family shall help in enabling the family build a shelter and take up supplementary livelihood activities such as backyard poultry, goat-rearing, horticulture and vegetable cultivation. A law to guarantee minimum space to build the house and carryout supplementary livelihood activities is imperative. Access to such homesteads in addition to providing human dignity is critical as social security and social insurance measure. Such a law is also in pursuance of the Constitutional mandate to the Governments to endeavour to eliminate inequalities in status, facilities and opportunities and further that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.

The National Right to Homestead Act, 2013 thus seeks to ensure that every homesteadless poor family in rural areas has a right to hold homestead of not less than ten cents. It provides that such a right to homestead shall be enforced within a time period as specified but not exceeding five years from the date of enactment of this law, and in accordance with the Plans to be made at the State level and the district levels for the purpose.

A BILL to provide for a right to homestead so as to ensure human dignity and social security to the poor landless and homesteadless in rural areas of the country by providing a human right to homestead and for matters connected therewith or incidental thereto.