A/HRC/34/51/Add.1
line. 6 The Gini coefficient for India rose to 51 by 2013, from 45 in 1990, 7 mainly on
account of rising inequality between urban and rural areas as well as within rapidly growing
urban areas.
6.
Against that backdrop, the Special Rapporteur recognizes and salutes the ambitious
efforts made by India to address poverty and prioritize housing for vulnerable groups
through policies and several schemes. According to the Government, urban poverty levels
have declined substantially in the last decade, from 25.7 per cent in 2004/05 to about 13.7
per cent in 2011/12.8
7.
The Special Rapporteur praises the Government for its ambitious flagship
programme, Pradhan Mantri Awas Yojana (Housing for All), a scheme that at least in spirit
responds to aspects of the recommendations made to India by the Committee on Economic,
Social and Cultural Rights in its most recent review (see E/C.12/IND/CO/5). She was
pleased that many of the authorities with whom she met at the national, subnational and
local levels were genuine in their acknowledgement of the centrality of housing for millions
of people, and in recognizing that any effort to provide adequate housing and essential
services, like water, sanitation and electricity, had to reach an ever growing number of
people who are currently deprived of those rights. In the face of great challenges, many
government authorities were open to engaging and to discussing housing, human rights and
specific areas for improvement.
II. Institutional and legal framework
8.
India is party to most core international human rights treaties. In 1979, it ratified the
International Covenant on Economic, Social and Cultural Rights, article 11 (1) of which
contains provisions on the right to adequate housing, article 2 (2) on the right to nondiscrimination and article 2 (1) on progressive realization of the rights recognized in the
Covenant using the maximum available resources. India ratified the International
Convention on the Elimination of All Forms of Racial Discrimination in 1968, the
Convention on the Rights of the Child in 1992, the Convention on the Elimination of All
Forms of Discrimination against Women in 1993, and the Convention on the Rights of
Persons with Disabilities in 2007. 9 Accordingly, India has binding international human
rights obligations to ensure the enjoyment of the right to adequate housing without
discrimination on any ground. The Committee on Economic, Social and Cultural Rights has
provided authoritative interpretations on the scope and content of the right to adequate
housing, the prohibition of forced evictions and the principle of non-discrimination in the
exercise of that right.10
9.
The Constitution of India was adopted on 26 January 1949 and came into force a
year later. India is governed by a parliamentary system, with a strong centre. As a federal
State, the powers of the central and state governments are constitutionally determined and
6
7
8
9
10
4
India, Planning Commission, “Report of the Expert Group to review the methodology for
measurement of poverty” (2014), p. 18 (table 2.2). Available from
http://planningcommission.nic.in/reports/genrep/pov_rep0707.pdf.
See Sonali Jain-Chandra and others, “IMF Working Paper: Sharing the growth dividend: analysis of
inequality in Asia” (International Monetary Fund, 2016). Available at: www.imf.org/external/pubs/
ft/wp/2016/wp1648.pdf.
See India, Ministry of Housing and Urban Poverty Alleviation, “India Habitat III: national report
2016”. Available from http://mhupa.gov.in/writereaddata/1560.pdf.
See https://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&clang=_en.
See the Committee’s general comments No. 4 (1991) on the right to adequate housing, No. 7 (1997)
on forced evictions, and No. 20 (2009) on non-discrimination in economic, social and cultural rights.