A/HRC/34/51/Add.1
minorities, and scheduled castes and scheduled tribes. In the light of the diverse
housing needs across the country, the Government must consider investing more in
alternative housing policies that better suit those who have scarce or no resources:
people who are homeless, living on pavements and informal settlements and those who
face traditional practices of exclusion and discrimination, as well as members of the
growing middle-class in urban areas who are not able to access affordable rentals
owing to the lack of availability.
84.
Recognizing and implementing housing as a human right in existing
programmes and in new legislation would also set India on track for meeting its
international commitments to implementing the 2030 Agenda for Sustainable
Development (particularly target 11.1 of the Sustainable Development Goals) and the
New Urban Agenda.
85.
In the light of those conclusions, the Special Rapporteur makes the following
recommendations to the central and state governments:
(a)
Adopt national legislation with explicit recognition of the right to
adequate housing without discrimination on any ground. The legislation must be
based on national and international human rights standards and commitments;
(b)
Address homelessness as a human rights priority with a view to
eliminating it by 2030, in keeping with target 11.1 of the Sustainable Development
Goals. In that regard:
(i)
The structural causes of homelessness in urban and rural India must be
identified, including in relation to access to land and housing, affordability and
the lack of specific measures in favour of people without an income;
(ii)
Homeless shelters must be understood in the context of a housing
continuum that includes a range of longer-term housing options considered by
local and subnational governments for the homeless population;
(iii) The National Urban Livelihoods Mission guidelines must be
implemented for the construction of shelters, ensuring that shelters for
different and particular population groups like families, women leaving violent
relationships, street connected children and youth are established;
(c)
Institute a national moratorium on forced evictions and demolitions of
homes. Enact legislation to guide forced evictions that stipulates that forced evictions
can only occur in the most exceptional of circumstances, once all other alternatives
have been pursued, in strict compliance with international human rights law. Third
party actors should also be regulated and monitored in that regard. Where states
already have such a moratorium in place, the central government must comply. When
evictions are required as a result of valid health and safety risks, governments must
ensure that resettlement takes place in a time-bound manner, ensuring meaningful
consultation with those who are directly affected, that fair compensation is awarded
and that resettlement housing is adequate, as prescribed by international human
rights law;
(d)
Survey and provide legal recognition of all existing informal settlements
and prioritize in situ upgrading and rehabilitation, with secure tenure for all
inhabitants, based on meaningful participation. Provide existing informal settlements,
especially where rehabilitation is not planned, with proper latrines, access to water
and sanitation and regular garbage collection;
(e)
Central and state governments should put in place effective and timely
mechanisms to collect and systematically update data on a number of housing-related
20