A/HRC/34/51/Add.1
forced evictions and enforced migration, safeguarding land and community resources in
scheduled areas and addressing land acquisition, including by private companies. 41
53.
As it stands, there is no national policy for rural areas beyond policies pertaining to
construction incentives and grants. Considering that the majority of the over 780 million
rural inhabitants are landless, there is an urgent need to address their housing situation in a
more comprehensive way, acknowledging that a plot of land, even one as small as 0.1
acres, can play a crucial role in ensuring both access to adequate housing and to a
livelihood.
E.
Land speculation and real estate investment
54.
Land acquisition for large-scale development projects, particularly in rural areas, has
resulted in widespread displacement leading to inadequate housing conditions and
homelessness. Real estate development, cranes and skyscrapers dotting the horizon, and
billboards for new and luxurious accommodation are very much part of urban life in India.
55.
The Special Rapporteur learned that housing values have significantly increased in
some regions,42 while in other regions the market has been stagnant. Moreover, according
to the 2011 census, in many cities new housing remains unsold and vacant, with 8 per cent
of houses in urban India (approximately 11.09 million) lying vacant. 43 Some suggest that is
because the number of new units at the high end of the market has exceeded the number of
people that can afford them.
56.
To help stimulate the real estate market, protect home buyers and provide greater
transparency and stability within the housing market, India passed the Real Estate
(Regulation and Development) Act, 2016. Overall, the Act is perceived as well-intentioned
and timely. It establishes a regulatory body and a tribunal to hear disputes, and appears to
protect home buyers in a number of ways, including by ensuring that written agreements
are part of every transaction and that buyers can withdraw from projects without pecuniary
penalties if they are unable to take possession of the unit by the specified date. The Act also
limits the amount of cash that can be used to purchase property, requiring cheques for the
bulk of payments, allegedly to prevent black market purchases and unregistered foreign
investment.
F.
Open defecation
57.
According to the Committee on Economic, Social and Cultural Rights, one of the
characteristics that is central to the concept of adequacy with respect to the right to housing
is the availability of services, facilities and infrastructure. 44 Hence, an adequate house must
contain, inter alia, sanitation and washing facilities. India has made significant progress in
terms of sanitation coverage in the past 25 years, 45 but challenges remain, particularly
41
42
43
44
45
14
The International Work Group for Indigenous Affairs, The Indigenous World, 2015 (Copenhagen,
The International Work Group for Indigenous Affairs, 2015), pp. 331-332.
The National Housing Bank Index (Residex) indicates that between 2007 and 2015, housing prices
more than doubled in Ahmedabad, Bhopal, Faridabad, Kolkata, Mumbai and Pune; in Chennai, prices
more than tripled during that period.
See http://censusindia.gov.in/default.aspx.
See the Committee’s general comment No. 4 (1991) on the right to adequate housing, para. 8 (b).
UNICEF and WHO, “Progress on sanitation and drinking water: 2015 update and MDG assessment”,
June 2015. Available from http://files.unicef.org/publications/files/Progress_on_Sanitation_
and_Drinking_Water_2015_Update_.pdf.