The Shadow of the Locked Door: Kerala Single Dwelling Place Protection Bill 2025 – Right to Shelter and Justice
The Shadow of the Locked Door:
Kerala Single Dwelling Place Protection Bill 2025
A Human Story Behind a Landmark Law
In a small, rain-soaked lane in rural Kerala, the sound of an Advocate Commissioner’s car pulling up is followed by the metallic click of a heavy lock.
NARRATOR: In Kerala, every
four cents of land holds a dream — a dream of veedu, of family, of
security. For generations, this small piece of earth has been a sanctuary, the
ultimate promise: No matter what, we will always have a roof over our heads.
(The scene focuses on an
elderly woman, Ammachi, standing outside a modest, color-washed home. Her hands
clutch a crumpled notice. Her eyes, wide with disbelief, shimmer with
heartbreak.)
AMMACHI (whispering, broken):
A loan for my daughter’s dowry… a debt of five lakhs. We paid, we struggled…
then my son lost his Gulf job during the pandemic. They said, “The house is
collateral.” We thought it was just paper.
(A cold, official voice cuts through, echoing the central government’s law.)
VOICE OF THE SARFAESI ACT
(cold, unfeeling): “Under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002, the financial
institution is empowered to take possession of the property without the
intervention of any court or tribunal. The collateral is forfeit!”
(A bank officer affixes a red-and-white “Possession Notice” onto the front door. Ammachi collapses to the ground.)
NARRATOR: The notice — a
red mark of shame and ruin — is plastered on the single door to their lives.
Not a villa, not a palace, but their only home. Families are being evicted onto
the streets for small debts — debts taken for a child’s education, a crucial
surgery, a failed crop. A mother weeps as her children’s schoolbooks remain
locked inside. A farmer stares blankly at the land his family cultivated for a
lifetime, now seized for a mere ten lakhs.
The Turning Point: From Protest to Protection
(Scene shifts to the Kerala
Legislative Assembly, vibrant and determined.)
NARRATOR: The streets of
Kerala cried out. In the face of a rigid central law that gave banks a
merciless hand, the State declared a simple truth — a human life is worth
more than a Non-Performing Asset.
A family’s single dwelling
place is not merely collateral; it is a fundamental right to survival.
(A powerful, hopeful crescendo
in the background.)
VOICE OF THE GOVERNMENT
(strong, resolute): “Let the committees be formed! Let the State step in!
For the low-income borrower, for the genuinely distressed, for the family that
has nowhere else to go — we shall establish a shield of last resort. We shall
pay the debt. We will protect the single dwelling place!”
NARRATOR: This is the
genesis of the Kerala Single Dwelling Place Protection Bill, 2025 — a
humanitarian law born from tears and protest. It is a promise that, in this
corner of India, the shadow of the locked door will never again fall upon
the truly vulnerable.
Key Objectives and Provisions
of the Kerala Single Dwelling Place Protection Bill, 2025
The primary purpose of
this Bill is to provide legal protection to vulnerable families when
financial institutions initiate recovery proceedings under the SARFAESI Act,
2002, for loans secured by mortgaging their only home.
|
Aspect |
Criteria / Provision |
|
Protected Property |
The single dwelling place mortgaged to a financial institution. |
|
Loan Amount Limit |
The original loan amount should not exceed ₹5 lakh. |
|
Total Repayment Limit |
The total outstanding repayment (including principal, interest, and
penal interest) should not exceed ₹10 lakh. |
|
Income Limit |
Annual gross income of the debtor and family must not exceed ₹3 lakh. |
|
Land Holding Limit |
Total land should not exceed 5 cents in Municipal/Corporation areas or
10 cents in Grama Panchayat areas. |
|
Other Property |
The debtor and family must not own any other property or means for
repayment, except the mortgaged home. |
|
Eligible Loan Purposes |
Protection applies to loans for education, medical treatment, marriage,
house building/renovation, agriculture, or self-employment. |
|
Relief Mechanism |
District and State-Level Dwelling Place Protection Committees are
formed. The District Committee attempts conciliation. If unsuccessful, it can
recommend that the State Committee allow the government to take over
repayment (fully or partially) or provide an alternative dwelling under a
government housing scheme. |
Context and Significance
Conflict with Central Law
The Kerala Single Dwelling
Place Protection Bill, 2025 directly challenges the impact of the central
SARFAESI Act, 2002, which empowers banks to seize mortgaged properties
without court intervention. Legal experts question whether a state law can
override central legislation, creating a potential constitutional clash.
A Welfare-Oriented Measure
The State Government of Kerala
frames this Bill as a welfare measure to prevent homelessness among
low-income families facing genuine financial distress beyond their control. It
seeks to balance fiscal responsibility with human dignity.
Creation of a Protection Fund
The Bill mandates the creation of
“The Kerala Dwelling Place Protection Fund” to finance the government’s
assumption of loan liabilities in deserving cases. This ensures a sustainable
mechanism for relief without burdening the banking system.
Conclusion: A Moral and Constitutional Stand
The Kerala Single Dwelling
Place Protection Bill, 2025 stands as one of the most significant
legislative interventions in India’s debt recovery landscape. Born out of public
anguish and moral urgency, it elevates the right to shelter above
the contractual right of financial institutions to seize collateral.
It represents a moral victory
— a law that aligns justice with humanity, and compassion with the
Constitution. Yet, its true strength will be tested in judicial review,
as it navigates India’s complex federal and financial systems.
In essence, this Bill is Kerala’s
declaration that no family should lose its only home to the machinery of
debt. It is both a legislative milestone and a humanitarian message — a
reminder that the doors of justice must never be locked against the poor.
About the Author
Adv. Mamta Singh Shukla is an Advocate at the Supreme Court of India and Founder of Vijay Foundations — an initiative dedicated to social justice, education, and empowerment. Through her writings, she advocates for human dignity, equality, and systemic change.
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