7. The Committee notes the absence of any factors and difficulties impeding the implementation of the Covenant by the State party.
D. Principal subjects of concern
8. The Committee notes with regret the position of the State party with regard to its legal obligations arising under the Covenant,
specifically, that the realization of the rights it contains are entirely progressive in nature.
9. The Committee is concerned that, despite the significant role played by the Supreme Court of India in interpreting the Constitution
with a view to achieving justiciability of economic, social and cultural rights, the Covenant is not given its full effect in the legal system
of the State party due to the absence of relevant domestic legislation. The Committee is also concerned by the non-implementation of
court decisions by state authorities.
10. The Committee is concerned about the absence of effective mechanisms to coordinate and ensure, at both the federal and state
levels, administrative and policy measures relating to economic, social and cultural rights,which constitutes a major impediment to the
equal and effective implementation of the Covenant in the State party.
11. The Committee notes with concern that the National Human Rights Commission (NHRC)and the State Human Rights
Commissions are not supported by adequate financial and other resources. The Committee is also concerned that the establishment
of Human Rights Courts at the district level as envisaged by the 1993 Human Rights Act has not been implemented in most parts of
the country, and that the mandate of the Human Rights Courts does not cover violations of economic, social and cultural rights.
12. The Committee is deeply concerned about reports that human rights defenders, including those assisting individuals and
communities in asserting their economic, social and cultural rights, are threatened, harassed and subjected to violence by state officials
and law enforcement officers. In this connection, the Committee notes with concern the existence of national security legislation which
grants impunity to state officials who violate human rights, including economic, social and cultural rights.
13. The Committee is deeply concerned that in spite of the Constitutional guarantee of non-discrimination as well as the criminal law
provisions punishing acts of discrimination, widespread and often socially accepted discrimination, harassment and/or violence persist
against members of certain disadvantaged and marginalized groups, including women, scheduled castes and scheduled tribes,
indigenous peoples, the urban poor, informal sector workers, internally displaced persons, religious minorities such as the Muslim
population, persons with disabilities and persons living with HIV/AIDS.The Committee is also concerned about the obstacles faced
by the victims in accessing justice, including the high costs of litigation, the long delays in court proceedings and the nonimplementation of court decisions by government authorities.
14. The Committee notes with concern the lack of progress achieved by the State party in combating the persistent de facto castebased discrimination that continues to prevail in spite of the legal prohibitions in place, most notably the 1989 Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. The Committee is particularly concerned at the low rate of prosecution of crimes
against persons belonging to scheduled castes and scheduled tribes, and that discriminatory attitudes and prejudices in the
enforcement of the law, especially by the police, is a serious obstacle in the victims’ access to justice.
15. The Committee notes with concern that the recommendations of the 2006 Rajinder Sachar Committee report on the Social,
Economic and Educational Status of the Muslim Community of India have not been sufficiently followed-up, and regrets the lack of
actions taken by the federal and state union governments in this regard.
16. The Committee is deeply concerned that, in spite of the commendable efforts by the State party in promoting equality between
men and women, such as the adoption of the National Policy on Empowerment of Women (2001) and the adoption of the
amendments to the Hindu Succession Act and the Indian Divorce Act in 2005 and 2001 respectively, widespread gender inequalities,