A/HRC/34/51/Add.1
urgent notice of the denial of the right to housing for persons living in the streets in Delhi,
recognizing the threat that poses to the right to life. In order to monitor compliance with its
decision, and interim orders emanating from it, the Supreme Court appointed
commissioners empowered to demand redress, report on implementation and conduct
inquiries into government action. That is impressive, and a welcome way of ensuring that
rights-based decisions are carried forward and of ensuring a dialogue with the court that
remains seized with the matter. The Supreme Court has established detailed guidelines for
states to establish shelters with adequate and appropriate facilities, and to remain
accountable to the court with respect to progress on that front.
VI. Conclusions and recommendations
80.
India is at a critical juncture in term of protection of the right to adequate
housing, which is currently at a tipping point owing to the country’s accelerated
urbanization, population growth and resultant growing inequality. Over 58.6 million
households do not have access to adequate housing in urban and rural India. Taken in
combination with the extensive need for reparation of dilapidated housing stock and
the unmet provision of essential services such as ventilation, electricity, water,
sanitation and waste management, the challenges are considerable. If the critical
situation of those who are landless, homeless, inadequately housed and displaced is to
be taken as a serious human rights priority, there must be a vigorous effort without
delay on the part of all levels of government to put the right to adequate housing at
the centre of the agenda.
81.
The Special Rapporteur acknowledges the leadership of the central
Government in putting in place ambitious schemes aimed at addressing the rising
demand for adequate housing. Clearly there is political will to bring the Housing for
All and other schemes to fruition in forthcoming years, and to guarantee that positive
outcomes are enjoyed by a broad segment of the population. The Special Rapporteur
also had the opportunity to assess the impressive plans and programmes put in place
by the states of Karnataka, Maharashtra and by the Delhi Authorities, and she
became aware of the intricacies and complexity in terms of coordination and
cooperation between the states and the centre, and between various departments and
institutions. The Special Rapporteur recognizes that every state in India grapples with
a vast number of people and issues, comparable with large countries in the world,
while still being committed to the essence of federalism.
82.
However, the Special Rapporteur is concerned that short-term schemes will not
be sufficient to address the housing situation of those who are most disenfranchised
and discriminated against with respect to housing. As a next step, and in keeping with
the political commitments made under the New Urban Agenda, 55 India needs an
overarching, visionary and coherent piece of legislation based on human rights. A
national housing law that aims to address growing inequalities and offers a long-term
road map is essential. In addition, the economy of India is and will continue
expanding, which suggests that it will continue to have the necessary resources to
implement the right to adequate housing across the country.
83.
In the Special Rapporteur’s view, the existing schemes seem to emphasize and
focus primarily on homeownership as the key housing model to respond to the current
needs of India. However, even when well regulated, that model may be ill-suited to
ensuring adequate housing for those most in need, including women, religious
55
See https://habitat3.org/the-new-urban-agenda/.
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