A/HRC/34/51/Add.1
subsequent orders on the right to food nationally. 27 Generally speaking, governments at the
central and state levels appear to treat that very visible population as relatively invisible,
showing insufficient interest in addressing their immediate needs, or reflecting on the
causes of homelessness and adequate policy responses. Most homeless people are the “city
makers”, providing the informal labour and services that sustain urban activity, but
governments appear reluctant to provide housing, land and basic services to that population.
As a result, there are not enough shelters to meet requirements, or they rarely cater to
specific populations such as children, women, persons with disabilities or persons who need
treatment for addictions. Homeless people are never considered candidates for long-term
housing options, such as through the Pradhan Mantri Awas Yojana scheme.
37.
That said, through a series of orders, the Supreme Court has provided detailed
guidelines for states about the number of shelters that must be constructed and the services
that must be provided. The Ministry of Housing and Urban Poverty Alleviation has also
established the National Urban Livelihoods Mission, with the aim of providing shelter for
the urban homeless. The Special Rapporteur was informed that Rajasthan has adopted a
progressive policy whereby emergency shelters are the first step towards rehabilitation,
offering skills training to shelter residents and assisting them in the transition to
employment and long-term housing options, a model that other city authorities are taking
on board, for example in Delhi.
C.
Informal settlements and evictions
38.
An estimated 13.75 million households 28 (between 60 and 70 million people) in
urban areas are compelled to live in extremely inadequate housing conditions in informal
settlements.29 Invariably, it is the most vulnerable groups who make up the population of
informal settlements. Uniquely, as compared to other jurisdictions, the Indian census
collects data on that household type. According to the data, between 2001 and 2011, the
number of households in informal settlements increased by over 37 per cent. That trend is
likely to continue with the urbanization of the country. The census also showed that over
one third of informal settlements lack electricity, piped water and sanitation.
39.
The Special Rapporteur learned that informal settlements are referred to as “slums”
in official discourse. She was surprised that many government officials and members of the
judiciary consider residents of informal settlements to be living there illegally, and often
stigmatize them as “encroachers” or “occupiers”, without always recognizing the important
services they provide to other urban dwellers or the decades they have lived in the same
locations, frequently on public lands.
40.
Many residents of informal settlements lack security of tenure, one of the
cornerstones of the right to adequate housing. 30 Forced evictions are common, sometimes
27
28
29
30
See Supreme Court of India, People’s Union for Civil Liberties v. Union of India and Others.
Housing and Land Rights Network, Housing and Land Rights in India, p. 4.
Census definition of slum: “residential areas where dwellings are unfit for human habitation by
reasons of dilapidation, overcrowding, faulty arrangements and design of such buildings, narrowness
or faulty arrangement of street, lack of ventilation, light, or sanitation facilities or any combination of
these factors which are detrimental to the safety and health”. There are three classifications: notified,
recognized and identified slums. See Housing Stock, Amenities, Assets in Slums, 2011 census.
See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right
to adequate housing, para. 8. See also the following reports of the former Special Rapporteur on
adequate housing: A/HRC/22/46 and A/HRC/25/54. The latter includes the Guiding Principles on
Security of Tenure for the Urban Poor.
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