A/HRC/34/51/Add.1
with extreme use of violence, and often without ensuring due process or alternative
accommodation and compensation.31
41.
Forced evictions, displacement and demolitions are not uncommon practices, used
by the central Government in some states to advance the economic development agenda of
the country. National data on the number of households evicted each year is not collected
by either level of government. Information collected by civil society suggests, however,
that recourse to eviction is extensive, showing that between 2010 and 2015, close to
250,000 people in urban areas were forcibly evicted from their homes. 32
42.
The mandate on adequate housing has received information about evictions in the
past, 33 and the Special Rapporteur was informed during her visit that evictions are
commonly carried out of the most vulnerable populations, those without security of tenure,
for example those who are living below the poverty line, on pavements and in unrecognized
settlements. Forced evictions are often implemented without any consultation with
residents, without sufficient notice and commonly result in homelessness.
43.
Genuine consultation with those affected, including about rehabilitation and
relocation plans prior to eviction, is seldom carried out. While that may vary from state to
state, when rehabilitation occurs, it is often on the peripheries of cities. By way of
illustration, a study conducted in Baprola, on the outskirts of Delhi, found that the housing
provided to evictees was essentially uninhabitable, unaffordable and possibly structurally
unsound. The site was found to have limited transportation and residents had been located
over 15 kilometres from their places of employment or livelihood. The site lacked essential
services such as a local dispensary and Anganwadi centres (integrated child development
services). Many children faced difficulties when transferring to government schools in the
area, and as a result dropped out of school. Residents’ primary documents had not been
updated to ensure that they had access to public benefits. In addition, buildings lacked
ramps or elevators, rendering them inaccessible to persons with limited mobility.
44.
Access to legal remedies for forced evictions appears to be scant in India. In most
cases, forced evictions occur without a hearing and with impunity. In other cases, the
community may have only a few hours to secure a stay of the eviction.
45.
All of that is contrary to international human rights law and standards, under which
forced evictions are considered a gross violation of human rights and must be avoided
except in the most exceptional of circumstances and, when implemented, must be carried
out in strict compliance with international norms.34
46.
The Special Rapporteur learned that, while a few judicial decisions at the High
Court level have delineated how evictions must be carried out, and the Delhi government
has issued a moratorium on forced evictions, no relevant legislation or orders exist at the
national level. In addition, the Special Rapporteur was recently made aware of evictions in
Delhi, carried out by the central Government, which were not in line with the Delhi
moratorium and guidance. 35
31
32
33
34
35
12
For international human rights standards on forced evictions, see Committee on Economic, Social and
Cultural Rights general comment No. 7 (1997) on forced evictions and the basic principles and
guidelines on development-based evictions and displacement (A/HRC/4/18, annex I).
Housing and Land Rights Network, Housing and Land Rights in India, p. 7.
See, for example, A/HRC/13/20/Add.1, pp. 20-22.
See Committee on Economic, Social and Cultural Rights, general comment No. 7 and the basic
principles and guidelines on development-based evictions and displacement.
Information on the relevant communication is to be made public in the joint communications report
for the thirty-fourth session of the Human Rights Council.