ENERGY LAW AND ENERGY DEPRIVATION IN INFORMAL SETTLEMENTS

INTRODUCTION

Energy deprivation in informal settlements refers to the lack of reliable, affordable, safe and legally protected access to electricity and other essential energy services for people living in slums, unauthorised colonies, informal housing areas and other settlements with insecure tenure. Energy deprivation may take the form of absence of electricity connections, irregular supply, unaffordable tariffs, unsafe wiring, arbitrary disconnections or exclusion from formal energy infrastructure.

Energy access is closely connected with the right to life, human dignity, housing, health, education, livelihood and equality. Therefore, energy deprivation in informal settlements is not merely an economic or technical problem; it is also a question of constitutional rights, social justice and energy governance.

MEANING OF ENERGY DEPRIVATION

Energy deprivation may occur in several forms:

Physical deprivation – complete absence of electricity or energy infrastructure.

Economic deprivation – electricity is available but households cannot afford it.

Infrastructure deprivation – informal settlements are excluded from formal distribution networks.

Legal deprivation – residents cannot obtain connections because they lack formal ownership documents.

Quality deprivation – electricity supply is unreliable, unsafe or inadequate.

Disconnection deprivation – electricity is disconnected because of poverty, arrears or disputed bills.

Digital deprivation – lack of electricity prevents access to computers, internet, communication and digital public services.

Thus, energy deprivation is a multidimensional form of social exclusion.

ENERGY ACCESS AND THE RIGHT TO LIFE

The Indian Constitution does not expressly provide a separate fundamental right to electricity. However, the Supreme Court has interpreted Article 21 broadly to protect human dignity, livelihood, shelter, health and other conditions necessary for meaningful life.

Modern life increasingly depends upon electricity for lighting, communication, education, healthcare, refrigeration, water supply and employment. Therefore, deprivation of essential energy services can affect the effective enjoyment of constitutionally protected rights.

INFORMAL SETTLEMENTS AND ELECTRICITY CONNECTIONS

A major legal difficulty arises when electricity distribution companies require proof of ownership or formal title before providing an electricity connection.

Informal-settlement residents may occupy premises without possessing registered title documents. However, providing electricity does not necessarily confer ownership rights over land.

Therefore, energy law can distinguish between:

(a) the right to obtain an electricity connection; and

(b) the right to ownership or title over land.

This distinction is important because denying electricity merely because a person lacks formal land title may worsen poverty, health risks and social exclusion.

CASE LAWS

OLGA TELLIS v. BOMBAY MUNICIPAL CORPORATION (1985)

The Supreme Court recognised the close relationship between the right to life under Article 21 and the right to livelihood.

The case concerned pavement dwellers and their proposed eviction. The Court recognised that livelihood is an important component of meaningful existence.

RELEVANCE TO ENERGY LAW:

The case is relevant because residents of informal settlements often depend upon access to basic infrastructure for their livelihood. Energy deprivation may directly interfere with their ability to work, operate small businesses and maintain a dignified existence.

CHAMELI SINGH v. STATE OF UTTAR PRADESH (1996)

The Supreme Court recognised the right to shelter as an important component of Article 21. Shelter means more than merely having a roof over one's head; it includes conditions necessary for a dignified life.

RELEVANCE TO ENERGY LAW:

Modern adequate housing requires access to basic services such as electricity, lighting, heating, cooling and other essential energy services. Therefore, energy deprivation may undermine the substantive quality of housing.

SUDAMA SINGH v. GOVERNMENT OF DELHI (2010)

The Delhi High Court dealt with the rights of persons living in informal settlements and emphasised the importance of rehabilitation and human dignity.

RELEVANCE TO ENERGY LAW:

The judgment supports a broader rights-based approach toward informal-settlement residents. When communities are relocated, authorities should consider continuity of essential services, including electricity and other basic infrastructure.

AJAY MAKEN v. UNION OF INDIA (2019)

The Delhi High Court considered the rights of residents of informal settlements and emphasised a human-rights-based approach to eviction and rehabilitation.

RELEVANCE TO ENERGY LAW:

The case demonstrates that informal-settlement residents should not be treated merely as unlawful occupants. Their socioeconomic circumstances and access to essential services must also be considered. Energy access can form an important part of rehabilitation and resettlement policies.

FRANCIS CORALIE MULLIN v. ADMINISTRATOR, UNION TERRITORY OF DELHI (1981)

The Supreme Court interpreted Article 21 broadly and held that the right to life means more than mere physical survival. It includes the right to live with human dignity.

RELEVANCE TO ENERGY LAW:

Electricity is increasingly essential for dignified urban life. Lack of electricity can affect education, healthcare, communication, safety, employment and living conditions.

M.C. MEHTA v. UNION OF INDIA (1987)

The Supreme Court developed important principles concerning environmental protection and recognised the connection between environmental quality and the right to life under Article 21.

RELEVANCE TO ENERGY LAW:

Informal settlements may experience disproportionate exposure to pollution and unsafe energy sources. Energy policies must therefore promote both access to energy and protection from environmental harm.

VELLORE CITIZENS' WELFARE FORUM v. UNION OF INDIA (1996)

The Supreme Court recognised important environmental principles, including the precautionary principle and the polluter pays principle.

RELEVANCE TO ENERGY LAW:

Energy deprivation should not be addressed through dangerous or excessively polluting energy sources. Energy access must be safe, sustainable and environmentally responsible.

PASCHIM BANGA KHET MAZDOOR SAMITY v. STATE OF WEST BENGAL (1996)

The Supreme Court recognised positive obligations of the State concerning access to essential healthcare.

RELEVANCE TO ENERGY LAW:

The case supports the broader principle that essential services affecting life and health cannot always be treated purely as commercial commodities. Energy services necessary for basic welfare may require affirmative governmental policies.

ENERGY POVERTY AND AFFORDABILITY

Energy deprivation is not limited to the absence of electricity. A household may have a formal connection but still experience energy poverty because electricity is unaffordable.

Major causes include:

High electricity tariffs.

Connection charges.

Security deposits.

Electricity arrears.

Irregular household income.

Inefficient housing.

High cooling or heating costs.

Lack of targeted subsidies.

A socially just energy system should therefore provide mechanisms such as lifeline tariffs, targeted subsidies, social tariffs, instalment payment schemes and protection against arbitrary disconnection.

UNSAFE ENERGY PRACTICES

When formal electricity connections are unavailable, residents may resort to illegal or unsafe connections, overloaded wires, improvised cables, kerosene, biomass or other unsafe fuels.

Such practices can cause:

Electrical fires.

Electrocution.

Respiratory diseases.

Property destruction.

Injuries and deaths.

Environmental pollution.

Therefore, energy law should not rely solely upon punishment of informal energy use. It should also provide realistic pathways toward safe and affordable formalisation.

ENERGY DEPRIVATION AND EQUALITY

Energy-access rules may produce indirect discrimination against informal-settlement residents.

For example, a requirement that applicants must provide formal ownership documents may appear neutral but can disproportionately exclude:

Slum residents.

Tenants.

Migrants.

Displaced persons.

Low-income households.

Persons without formal addresses.

Therefore, energy regulation should be assessed against constitutional principles of equality and non-discrimination.

ENERGY DEPRIVATION AND PUBLIC HEALTH

Electricity is closely connected with public health. Without reliable electricity, households may experience difficulty in:

Refrigerating food and medicines.

Operating medical equipment.

Pumping water.

Maintaining sanitation.

Cooling homes during extreme heat.

Maintaining ventilation.

Accessing emergency communications.

Consequently, energy deprivation can become a public-health issue.

ENERGY DEPRIVATION AND EDUCATION

Electricity is increasingly essential for education. Students require electricity for lighting, computers, internet access, mobile devices and online learning.

Energy deprivation therefore creates an educational disadvantage and can contribute to the digital divide between formal and informal communities.

CLIMATE CHANGE AND ENERGY DEPRIVATION

Climate change can intensify energy deprivation. Informal settlements are often vulnerable to extreme heat, flooding, storms and infrastructure failures.

Reliable energy infrastructure can increase climate resilience by supporting cooling, communication, water systems and emergency services.

Therefore, climate adaptation policies should include energy-access programmes for vulnerable communities.

RENEWABLE ENERGY AND INFORMAL SETTLEMENTS

Decentralised renewable-energy systems can provide alternatives where conventional grid expansion is difficult.

Possible solutions include:

Community solar projects.

Solar microgrids.

Rooftop solar systems.

Battery storage.

Renewable-powered water systems.

Community energy cooperatives.

Pay-as-you-go renewable systems.

However, renewable-energy programmes should ensure community participation and benefit-sharing. Poor communities should not merely become consumers; where possible, they should participate in ownership, governance and decision-making.

ROLE OF ENERGY REGULATORS

Energy regulators can reduce energy deprivation by:

Requiring utilities to serve vulnerable communities.

Establishing universal-service obligations.

Regulating connection charges.

Monitoring electricity disconnections.

Creating consumer-protection mechanisms.

Allowing flexible proof-of-address requirements.

Establishing accessible grievance mechanisms.

Protecting vulnerable consumers.

Supporting decentralised renewable-energy systems.

Monitoring discriminatory access practices.

CONSTITUTIONAL DIMENSION

Energy deprivation may implicate several constitutional principles:

ARTICLE 14 – Equality before law and equal protection of laws.

ARTICLE 19 – Freedoms connected with livelihood, occupation and economic participation.

ARTICLE 21 – Right to life and personal liberty, including human dignity.

ARTICLE 47 – Duty relating to public health.

ARTICLE 48A – Protection and improvement of the environment.

The constitutional approach does not necessarily mean that every person has an unlimited right to free electricity. Rather, it supports a framework in which essential energy services are accessible, affordable, safe and non-discriminatory.

INTERNATIONAL DIMENSION

Energy deprivation is also connected with international human-rights principles concerning adequate housing, health, an adequate standard of living and non-discrimination.

Sustainable Development Goal 7 promotes access to affordable, reliable, sustainable and modern energy for all.

This demonstrates the increasing recognition of energy access as an important component of sustainable development and social inclusion.

IMPORTANT LEGAL PRINCIPLES

The following principles can guide energy law concerning informal settlements:

UNIVERSAL ACCESS PRINCIPLE – Vulnerable communities should not be systematically excluded from energy infrastructure.

AFFORDABILITY PRINCIPLE – Energy services should be economically accessible.

NON-DISCRIMINATION PRINCIPLE – Lack of formal land title should not automatically result in exclusion from essential energy services.

HUMAN DIGNITY PRINCIPLE – Energy policy should support dignified living conditions.

CONTINUITY PRINCIPLE – Essential energy services should not be arbitrarily interrupted.

SAFETY PRINCIPLE – Unsafe informal energy arrangements should be replaced by safe formal systems.

PARTICIPATION PRINCIPLE – Informal-settlement communities should participate in decisions affecting their energy access.

ENVIRONMENTAL JUSTICE PRINCIPLE – Vulnerable communities should not bear disproportionate environmental burdens.

ACCOUNTABILITY PRINCIPLE – Utilities and public authorities should provide effective grievance and remedy mechanisms.

JUST TRANSITION PRINCIPLE – Energy-transition policies should not increase poverty, displacement or exclusion.

CONCLUSION

Energy deprivation in informal settlements is not merely a problem of electricity infrastructure. It is a multidimensional issue involving constitutional rights, human dignity, poverty, housing, public health, education, environmental justice and social equality.

Indian constitutional jurisprudence, particularly the principles developed in Olga Tellis, Chameli Singh, Sudama Singh, Ajay Maken, Francis Coralie Mullin, M.C. Mehta and Vellore Citizens' Welfare Forum, provides a strong foundation for a rights-based approach to energy access.

The central principle should be that informal-settlement residents should not be excluded from essential energy services merely because they lack formal land title or live in economically vulnerable conditions. At the same time, energy access must be safe, affordable, reliable and environmentally sustainable.

Therefore, modern energy law should move beyond the question of whether electricity is technically available and instead ask whether vulnerable communities can obtain energy legally, safely, affordably, reliably and without discrimination. Such an approach transforms energy access from a purely commercial utility issue into an important element of energy justice, social inclusion and constitutional governance.