A large number of residents of basties (informal settlements) of Dhaka City were evicted without notice and their homes were demolished with bulldozers. A case, challenging the ongoing evictions, was brought by two residents and three citizens in the public interest. The Supreme Court held that inhabitants had some rights to shelter and a fair hearing and made recommendations for resettlement. At the outset, the Court recognized that the residents had migrated from rural areas due to poverty and natural calamity and had contributed to the national economy through work in the urban areas, though the Court was of the view that some residents became criminals. Turning to the law, the Constitution provides the State must ensure fundamental rights including life, respect for dignity and equal protection of the law and, further, that the State must direct its policy towards to ensuring the provision of the basic necessities of life including shelter. According to the Court, this latter constitutional directive was not judicially enforceable but the right to life includes the right not to be deprived of a livelihood (The Court approvingly quoted Olga Tellis v BMC from the Supreme Court of India). While the Court appreciated government efforts “eradicate” criminals from the slums, it noted that innocent slum dwellers often became victims of acts of repression by government agencies and other actors. The Court ordered that: (1) The government should develop a master guidelines, or pilot projects, for resettlement; (2) the plan should allow evictions to occur in phases and according to a person's ability to find alternative accommodation; (3) reasonable notice is to be given before eviction; (4) the government should “clear up” slums beside the railway lines andti roads, but resettle these slumdwellers.


https://www.escr-net.org/caselaw/2006/ain-o-salish-kendra-ask-v-government-and-bangladesh-ors-19-bld-1999-488