36. The Committee is concerned that survivors of the 1984 gas leak from the Union Carbide India Limited pesticide plant in Bhopal
are continuing to suffer serious long-term health effects of the gas exposure, and that the State efforts to provide rehabilitation and
monetary compensation have largely been inadequate.
37. The Committee is concerned that the prevailing widespread phenomenon of early marriages, the high rate of maternal mortality
and the rapid spread of HIV/AIDS and other sexually transmitted diseases in the State party, can be attributed largely to the lack of
sex and reproductive education that is still viewed to be taboo in the State party.
38. The Committee notes with concern that the universal health-care scheme in the State party falls short of providing for universal
coverage, excluding a considerable portion of the population. The Committee is also concerned that the quality and the availability of
the health services provided under the scheme have been adversely affected by the large-scale privatization of the health service in the
State party, impacting in particular on the poorest sections of the population.
39. The Committee is concerned that trade in human organs, particularly in kidneys, is prevalent in the State party and that it is on the
increase.
40. The Committee is concerned that, despite the efforts made by the State party to achieve universal primary education, including
the adoption of the Constitution (86th Amendment) Act in 2002 which makes the right to primary education a fundamental right, and
the “Sarva Shikasha Abhiyan” (Education for All) programme, aimed at achieving 100 per cent primary enrolment, thewide disparity
in enrolment and dropout rates in primary schools continue to persist, negatively affecting, in particular, girls, Muslim children and
children belonging to scheduled castes and scheduled tribes.
41. The Committee notes with concern the generally low quality of education in, and the underfunding of, public schools.
42. The Committee is concerned that adult illiteracy rates continue to remain high, especially among disadvantaged and marginalized
groups, women and among those living in poverty.
43. The Committee notes with regret theabsence of human rights education in the school curricula in the State party.
44. The Committee notes with concern that some of the development measures and projects that have been carried out have not
sufficiently taken into account the way of life and specific forms of livelihood of numerous communities in India, in particular the
scheduled tribes in the northeast, thus affecting their right of everyone to take part in cultural life.
E. Suggestions and Recommendations
45. The Committee is of the view that the State party has within its power the ability to immediately implement the rights in Part II of
the Covenant as required, and to meet, at the least, its core obligations for the progressive realization of the rights in Part III of the
Covenant. The Committee therefore urges the State party to review its position regarding its legal obligations arising under the
Covenant in light of the Committee’s statement on the evaluation of the obligation to take steps to the “maximum of its available
resources” under an optional protocol to the Covenant (E/C.12/2007/1), and its general comments No. 13 (1999) and No. 14
(2000) in relation to core obligations. The Committee also encourages the State party to ensure that the provisions of the Covenant
are taken into consideration in legislative and administrative policy and decision-making processes.
46. The Committee recommends that the State party review all aspects of its negotiations with trade agreements, including those with
the EU and the EFTA, in light of its obligations under the Covenant to ensure that economic, social and cultural rights, particularly of
the most disadvantaged and marginalized groups, are not undermined.