A/HRC/34/51/Add.1
state legislature and privatized public utility companies, 12 as well as private institutions and
non-governmental organizations that receive substantial funds from the Government. It is
considered an important component of access to justice. It is used to redress individual
grievances, enable access to entitlements such as ration cards and pensions, investigate
policies and decisions, and expose misuse of government resources. For many, the act of
filing a “right to information application” has been empowering. 13 However, despite its
positive impact, most people living in poverty cannot avail themselves of the Act, as they
are unsure as to whom applications should be addressed, where they should be filed, what
can be demanded and how to file an application. For human rights defenders, particularly
those working on housing and land-related issues, the Act has ensured access to essential
information, but it has also resulted in reprisals and on occasion, violence. 14
III. Right to adequate housing
14.
India is a flourishing economy, with estimates of the real gross domestic product
(GDP) growth rate at over 7.3 per cent for 2016, and predictions of similar annual growth
over forthcoming years. 15 Urbanization is considered central to the economy, contributing
approximately 60 per cent of the country’s GDP. The construction sector, with housing as a
major component, accounts for 8.2 per cent of GDP and close to 11.5 per cent of
employment.16
15.
According to census data, the urban housing stock increased from 52.06 million in
2001 to 78.48 million in 2011. That was accomplished through various policies and
programme initiatives undertaken by the Government, such as the Jawaharlal Nehru
National Urban Renewal Mission, Rajiv Awas Yojana and the National Urban Livelihoods
Mission. As at 2012, there was a shortage of 18.78 million housing units in urban areas,
with 96 per cent of that shortage affecting the economically weaker sections and the lower
income groups in society. 17 According to the 2011 census, approximately 13.75 million
households (about 65-70 million individuals) reside in urban informal settlements. In a
number of cities, including Chennai, Hyderabad, Kolkata and Mumbai, more than 50 per
cent of all households live in informal settlements. In addition, the 2011 census indicates
that 1.8 million people are homeless, although many researchers believe that to be an
underestimation and put the figure closer to 3 million.
16.
In rural areas, 13 per cent of households live in homes known as “kutcha”, one-room
makeshift structures built of poor quality materials, without ventilation or sanitation
facilities and which do not provide protection from rain, wind or dust. It is estimated that
12
13
14
15
16
17
6
See, for example, Shri Sarbajit Roy v. Delhi Electricity Regulatory Commission. Available from
www.rti.india.gov.in/cic_decisions/Decision_30112006_12.pdf.
See The Asia Foundation, “Right to information in India: an effective tool to tackle corruption”, 28
September 2011. Available from http://asiafoundation.org/2011/09/28/right-to-information-in-indiaan-effective-tool-to-tackle-corruption/.
Housing and Land Rights Network, Housing and Land Rights in India: status report for Habitat III
(Housing and Land Rights Network, New Delhi, 2016), pp. 29-30.
See The Economist, Intelligence Unit, “Highlights India”. Available at http://country.eiu.com/
article.aspx?articleid=1804884764&Country=India&topic=Summary&subtopic=Highlights.
India, Ministry of Housing and Urban Poverty Alleviation “India Habitat III: national report 2016”,
p. 23.
India, Ministry of Housing and Urban Poverty Alleviation, National Buildings Organisation “State of
housing in India: a statistical compendium 2013”, para. 2.2. Available from
www.nbo.nic.in/Images/PDF/Housing_in_India_Compendium_English_Version.pdf.