A/HRC/34/51/Add.1
workers in Assam, who were forcibly brought from central India, but have not been given
the status of scheduled tribe. Furthermore, their housing and living conditions, and the
insecurity of tenure that they endure, are cause for concern. 49
70.
The Special Rapporteur heard testimonies about the impact of displacement on
scheduled tribes. They underscored her concerns about the construction of the Mapithel
Dam as part of the Thoubal Multipurpose Project in the state of Manipur and the evictions
resulting from the dam, which threaten the right to an adequate standard of living, including
food and housing, and the way of living and livelihood of members of several tribal
communities.50
C.
Homeless people
71.
Often referred to as “encroachers”, or people illegally occupying lands, homeless
people living on the pavements are commonly regarded as outsiders, given that many of
them are rural migrants from other states. As such, they are often not welcomed by local
governments or other residents. Those discriminatory attitudes are not just part of common
parlance in policy circles, but have also found their way into legal judgments, making it
increasingly difficult for people who are homeless to win injunctions against forced
eviction. As a result, homeless people are denied access to long-term housing solutions.
Moreover, the interests of developers and development always seem to prevail over those
of people who are homeless.
D.
Muslims
72.
Muslims represent 14 per cent of the overall population. Discrimination against
Muslims in housing manifests itself in different ways in different parts of the country. For
example, studies on access to private rental accommodation in the capital show that
discrimination against Muslims (as well as Dalits) can at times be a barrier to access to
housing.51 Private landlords, real estate brokers and property dealers will often refuse to
rent to someone who is Muslim, or impose unfair conditions on them. The Special
Rapporteur was informed that in some parts of the country, Muslims have felt compelled to
leave their neighbourhoods and move to places where other Muslims are living, often in
informal settlements. The Special Rapporteur visited one such settlement where the
conditions were extreme owing to overcrowding, the absence of sanitation facilities and
electricity and the lack of garbage collection.
E.
Manual scavengers
73.
Efforts to end manual scavenging in India are decades old, with various options
having had limited success. Most recently, the Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013 was followed by a Supreme Court decision
requiring state intervention to end manual scavenging and “rehabilitate” all people engaged
in the practice, in line with the Constitution. Nonetheless, deeply-rooted caste and gender49
50
51
See FIAN International and others, “ A life without dignity — the price of your cup of tea: abuses and
violations of human rights in tea plantations in India” (Heidelberg, Global Network for the Right to
Food and Nutrition, 2016).
A/HRC/30/27, p. 18 (case No. IND 4/2015).
Sukhadeo Thorat and others, “Urban rental housing market: caste and religion matters in access”,
Economic and Political Weekly, vol. L, nos. 26 and 27 (June 2015), p. 47.
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