COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF INDIA

Committee on Economic, Social
and Cultural Rights

8 May 2008




The Committee on Economic, Social and Cultural Rights has considered the combined second to fifth periodic reports of India on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Swashpawan Singh, Permanent Representative of India to the United Nations Office at Geneva and head of the delegation, in his opening statement, said that India was a country with a population of over 1 billion people and the largest and most stable democracy in the world. It was also a democracy under transformation with 50 per cent of its population under 25 years of age. Considerable social and economic progress had been achieved. However, India remained conscious of the challenges ahead such as the eradication of poverty and the implementation of social and food security. The importance of economic, social and cultural rights was recognized in the Constitution.

Pronab Sen, Chief Statistician and Secretary of the Ministry of Statistics and Programme Implementation of India, presenting the combined report which covered the period from 1996 to 2006, said the most important political development was the promulgation of the 73 and 74 amendment of the Constitution. The amendments included the strengthening of women’s rights, as well as new dissemination of Government department functions with positive effects on primary education, health, water and sanitation. The Government had enacted numerous laws, policies and programmes to improve the situation of economic, social and cultural rights on the national and local levels. India had recently gone through an extensive progress of economic liberalization, which led to a rising growth rate from an average of 3.2 per cent in the last 30 years to 6 per cent in the last 20 years. Increasing productivity, both in agricultural and non-agricultural activities, had to form a centre piece of India’s development policy. Further positive development had been seen in terms of food security and health care; however, further measures, in particular to address poverty, unemployment and problems in the areas of education and health, were needed.

Virginia Bonoan-Dandan, the Committee Expert serving as Rapporteur for the report of India, said the laws in India were probably the best in the world with regard to economic, social and cultural rights. However, the laws had to be implemented and enforced.

Among other issues raised by the Experts were questions regarding discrimination against Scheduled Castes and Tribes; inequality between men and women; social security issues, in particular for women and workers in the informal sector; the high poverty and unemployment rate; measures regarding the informal sector; enforcement mechanisms for the large number of human rights laws and policies and the independence of the judiciary; the high school dropout rate and compulsory free education; inclusive and exclusive growth; the rights of disabled people; the status of ratification of several international agreements; land reform; and the rights of women and the poor.

The delegation of India included representatives from the Ministry of Statistics and Programme Implementation, the Ministry of Social Justice and Empowerment, the Ministry of External Affairs, the Ministry of Tribal Affairs, and the Permanent Mission of India to the United Nations Office at Geneva

The concluding observations and recommendations of the Committee on the report of India will be issued towards the end of the session, which concludes on Friday, 16 May.

When the Committee meets at 10 a.m. on Friday, 9 May, it will hold a Day of General Discussion on article 15 (1a) of the Covenant on the right to take part in cultural life.

Report of India

The combined second to fifth periodic reports of India (E/C.12/IND/5), presented in one document, covers measures taken and the progress made by India regarding the implementation of economic, social and cultural rights set out in Articles 6-15 of the Covenant in the reporting period between 1996-2006.

India has adopted various international agreements and a large number of laws and policies to improve the human rights situation in the country. New institutions have been established, and several action plans implemented. In addition, the Supreme Court of India has handed out several rulings concerning the protection and implementation of various economic, social and cultural rights. One area of particular focus of the report is employment, which is seen as being crucial for the reduction and removal of poverty. The report looks at trends in employment, unemployment and underemployment, freedom of choice and non-discrimination, productivity and international assistance. Regarding article 7, minimum wages, equal pay, conditions of occupational health and safety and equal opportunity for promotion are among the issues addressed.

Social security includes employees’ funds and family pensions, maternity benefits, family issues, child labour and other child issues. The right to an adequate standard of living is addressed through indicators of current standards of living, human development, gender equality and food related issues, housing, drinking water and urbanization, among others. Measures towards physical and mental health address health indicators, medical service delivery system, medical education and research, programmes of action for various diseases, and maternal and child health and insurance. In education, a new reform provides equal access to all levels of education. The report also looks at the system of schools and structure of education, girls access, primary and secondary education, adult education and drop out rate. Difficulties identified include the absence of a constitutional obligation to provide compulsory and free education. With regard to Article 15, several development programmes in infrastructure, human resources, technology and other areas are implemented. However, despite some rapid strides and improvements in some sectors, the general situation, in particular overall poverty rates, remains difficult.

Presentation of the Report

SWASHPAWAN SINGH, Ambassador and Permanent Representative of India to the United Nations Office at Geneva and head of the delegation, in his opening statement, said that India has a population of over 1 billion people, and was the largest and most stable democracy in the world. It was also a democracy under transformation with 50 per cent of its population under 25 years of age. Considerable social and economic progress had been achieved. However, India remained conscious of the challenges ahead such as the eradication of poverty and implementation of social and food security. The importance of economic, social and cultural rights was recognized in the Constitution. The State was striving for the protection of the rights of the people.

A historic step in India was the recognition of the right to education as a fundamental right. Through entitlements, empowerment and stepping up of private investments, the Government had sought to make the development process more inclusive. A variety of legislative interventions was enacted to address the problem of discrimination. The Constitution had abolished untouchability. There were several legal and administrative measures and institutions to address caste-based discrimination. An initiative had been taken up to empower women to take up their rights and get involved in political and economic affairs. In the areas of employment, education and health, several initiatives had been taken up, such as the National Rural Employment Guarantee programme, a four-year time-bound business plan for achieving goals in six selected areas, an “Education for All” programme, specific health services for the poorest, a waiver of debts for small farmers and the enactment of the Right to Information Act. The report presented the Constitutional and legal framework in respect of each economic, social and cultural right, as well as steps taken by the Government for the realization of these rights. India was engaged in many ways in the human rights machinery, with reports being considered by various human rights bodies.

PRONAB SEN, Chief Statistician and Secretary of the Ministry of Statistics and Programme Implementation of India, presented the report which covered the period from 1996 to 2006. The most important political development was the promulgation of the 73 and 74 amendments of the Constitution. The amendments included the strengthening of women’s rights, as well as new dissemination of Government department functions with positive effects on primary education, health, water and sanitation. Possible distortions of the deepening democratic process and as such the further implementation of economic, social and cultural rights had to be addressed by a vigilant civil society and the courts. India had established State Finance Commissions to determine the necessary resources for local bodies, which led to an increase of resources for some local bodies. However, limits of the capacities of local governments were acknowledged and led to the establishment of a new Ministry to address these problems.

India had recently gone through an extensive process of economic liberalization, which led to a rising growth rate from an average of 3.2 per cent in the last 30 years to 6 per cent in the last 20 years. This process also had effects on the pace and structure of employment. However, almost all of the growth in employment was experienced in the private sector. An affirmative action programme in public employment in favour of the Scheduled Castes and Scheduled Tribes had been in place for quite some time and had been extended in the 1990s. However, 93 per cent of workers were engaged in the informal sector. Exploitation such as bonded labour and child labour had taken precedence over the other dimensions of work and working conditions. The Government made efforts to survey these problems and hoped to be able to eliminate such exploitation in the near future. The informal sector presented a large challenge, but it was hoped that regular monitoring would lead to improving the situation. The recent National Rural Employment Guarantee Act was seen as a major step in this direction. The Government was also launching a mission to develop skills. Also, further legislation to grant basic social security packages to unorganized sector workers was considered.

Mr. Sen said a major problem was that growth of work opportunities could not be distributed equally in a country of India’s size, which led to increased migration. Average income had risen due to the economic growth. However, poverty had remained another major problem in India, with the rate of poverty reduction slowing down in recent years. Agriculture could no longer adequately support a large number of rural households. As such, increasing productivity, both in agricultural and non-agricultural activities, had to form a centre piece of India’s development policy. An ambitious programme had been launched to provide rural populations with basic infrastructure to improve productivity and connections with the urban and other more developed parts of the country. Despite these setbacks, food security had notably improved.

Though India was more than self-sufficient in food, malnutrition still existed, in particular among children and women. Two major interventions, the Integrated Child Development Scheme and a nation wide midday meal scheme were in operation to address this problem. Progress was also made in terms of health care, with life expectancy at birth nearly doubling the figures of the past five decades. Infant mortality had also dropped and the prevention of major diseases had been reasonably successful, except for HIV/AIDS.

Nevertheless, the system was presently under strain. Among a variety of problems, the lack of doctors and paramedics, in part in rural areas, was a cause of concern. The Government had launched the National Rural Health Mission and also made efforts to formalize and promote alternative systems of medicine which were widely practiced and accepted, especially in rural areas. The right to primary education had been made a fundamental right in the 86th Constitutional amendment, and the launch of the Universal Primary Education Scheme were aspects of the improvement of the education system. There was an adequate enrolment rate, however the dropout rates were of great concern. The midday meal scheme was improving this, however, addressing social and cultural barriers on a much more case-sensitive approach was needed which could not be done on a national level. The education of parents also had to be improved, which was addressed by the mission to develop skills. The other area of concern was the quality of education in the primary school system. Improvement of teachers training was envisaged. The problem of costs of private schooling was addressed through tutorial facilities and substantial scholarships by the Government. There was a fear that the process of liberalization in India would lead to significant weakening of the implementation of economic, social and cultural rights. An increase of resources and investment was hoped to address this problem. However, new challenges such as climate change were likely to further strain India’s capacity to deliver economic, social and cultural rights and more efforts would be needed to just stay in the same place in terms of the implementation of these rights

Questions by Committee Members

VIRGINIA BONOAN-DANDAN, the Committee Expert serving as Rapporteur for the Report of India, welcomed the delegation and thanked it for the long awaited report. She said that a large part of the written questions on the list of issues of the Committee had not been answered, which could hamper a constructive dialogue at this meeting. India had the honor to be the first country to have its report reviewed by the Human Rights Council’s Universal Periodic Review. The laws in India were probably the best in the world with regard to economic, social and cultural rights. However, the laws had to be implemented and enforced. The term “inclusive growth” in relation to the vibrant civil society could only lead to one word, which was: exclusion, thus the opposite of inclusive growth.

Other Experts asked for more information regarding the independence of the Human Rights Committee in India and allegations of impunity. Were recommendations and decisions by the Human Rights Committee taken up and implemented? One Expert shared the concern that the process of liberalization would lead to a loss of economic, social and cultural rights, such as through significant tax relief for private companies, which enabled them to reduce investment in areas which urgently needed development. No adequate long-term planning seemed to have happened for slum areas. As a result, people were cut off from their lands and livelihoods. Did the environmental costs really justify the economic benefits? Was the compensation enough, in particular as it went to the land owners?

Questions by Experts also related to the living conditions of the Indian Muslims; the impact of international trade agreements on the economic, social and cultural rights of vulnerable groups; what role India could play in ensuring the role of economic, social and cultural rights in south-south cooperation; fairness of court decisions and even impunity for some offenders; and the implementation and enforcement of laws of the State party.

On the fight against discrimination and the ratification of the Convention on Persons with Disabilities,
Experts also asked why the Convention against Torture was not ratified and was ratification intended and why had India not invited the Special Rapporteur against torture. Caste-based discrimination was still not recognized by India as racial discrimination, however, it was discrimination based on social origin which was explicitly prohibited in article 2.2 under the International Covenant on Economic, Social and Cultural Rights. Regarding the non-punishment of discrimination against Dalit women and violence against the Dalits, which law was in place to address this? Concerning handicapped persons, the practical effects of the ratification of the Convention were still limited, what measures were to be undertaken to address the de-facto discrimination? Did the national commission for disabled people apply the national laws and was access guaranteed for all? Why did the tribal and caste system still exist in a democratic and developed country like India and were there plans to combat these legacies? Was sex selection to be criminalized and fought against? Why was the report presented so late, when India was meant to be an example of democracy to other countries in the region? Why was the Act against “Atrocities” called like this, and why was there a mention of “primitive tribes”?

Experts wondered if all economic, social and cultural rights were justiciable in India, because there was an absence of legislation backing this. The established Human Rights Court seemed to have no mandate to deal with cases of economic, social and cultural rights. In addition, there seemed to be a lack of enforcement of court decisions, the high costs of the court, a lack of access to justice for the poor, and a lack of independence of the judiciary at the local level. Was it true that human rights defenders faced threats and violence from the side of State agents?

Further questions included the lack of access of indigenous people to their traditional areas and exercise of traditional customs, in particular in the north eastern parts of India, and the refusal of India to repeal the law causing this problem; and did the indigenous people of India have the right to contradict the construction of planned dams which would flood large parts of indigenous areas. Could the delegation provide information regarding the use of funds in the post tsunami rehabilitation period.

Answers by the Delegation

In response to the questions raised, the delegation said India took its international obligations very seriously. Thus, before ratifying an international agreement, India made sure that the necessary conditions for the national implementation were given. The Indian Constitutional law had ruled that international agreements had to be read into national law independently, whether India was a State party or not. This mirrored the practice on the national level. The Constitution of India provided for several provisions on the treatment of tribes, and India had ratified the ILO Convention on Tribes. As far as India was concerned, its entire people were indigenous. India had a reservation regarding Convention 69 as to the distinction between tribal and indigenous people. The delegation also drew the attention of the Committee to the fact that only 19 States had so far ratified the Convention.

India was a signatory of and committed to the Convention against Torture, the delegation said. The Indian penal code has clear provisions against torture and there were clear court judgments about this issue. There were continuous administrative and legislative reviews of the armed forces in India. Special training and legislative measures were in place to control and guide the armed forces on the ground.

The National Human Rights Commission had complete autonomy, the delegation said. It was created by Parliament and reported to Parliament. According to the Constitution and the Protection of Human Rights Act, human rights enjoyed a high importance. There were 18 State human rights commissions. Members of the Commissions could not be removed without a proper inquiry, and the independence of the National Human Rights Commission was recognized worldwide. The Commission made recommendations to the Government, but if the Government disagreed with the recommendations, it had to explain this in detail. Around 95 per cent of the recommendations of the Commission were accepted by the Government.

On the issue of implementation of economic, social and cultural rights, the delegation said that it was important to take on board that economic, social and cultural rights by and large were supposed to be realized in a progressive manner. Implementation in one shot was impossible. Thus, the process of inclusion was the main point in question. On the notion of the exclusionary process of inclusive growth, the adoption of the notion of inclusive growth by the Government showed its commitment. The issue was how this could be achieved.

The displacement caused by building new infrastructure in certain areas led to emotional reactions. The nature of displacement was determined by the economic strategy beyond it. Economic development was driven by the larger concerns of the country, and displacement had to happen in some cases. In the initial stages there had been a trend for the Government to use its powers to compulsorily acquire land. This was abolished and land acquirement now happened on mutual terms. Land acquisition had to be done for various projects. Untapped hydro-electrical capacity in India’s north would lead to increasing problems, and thus the requirement that land acquisition was properly done. A new national resettlement and rehabilitation policy had been adopted recently as a comprehensive package. The delegation recognized that there were still problems, but said there were also improvements. A minimization of displacement was an integral part of the requirements for approval. Along with an environmental impact assessment, social audit had also become mandatory. Compensation was given to persons affected by this displacement.

Any international trade agreements that India entered with the rest of the world were evaluated by their impact on the people. India had always excluded items from agreements it entered into which had direct negative effects on the livelihoods of the poor. The role of India regarding the promotion of economic, social and cultural rights in south-south cooperation could be played by India serving as an example. Reports on India’s engagement and plans on economic, social and cultural rights could be used for this.

It was difficult to have a properly functioning birth registration system and related social security. India found it very difficult to achieve 100 per cent registration of births. The best was 93 per cent, but there were areas with 40 per cent registration only. The delegation acknowledged that recourse had to be taken to other initiatives, and said it had done so.

Discrimination was a question of whom and by whom. Discrimination by individuals against individuals could only be directed, not necessarily corrected, by the Government. This was more a role for the judiciary. However, this required the judiciary to work on the basis of facts. Information and facts existed. The delegation could not say when the traditional discrimination, which was deeply rooted in the system, would vanish, though it hoped it would. However, a lot of progress had been made in the past 20 years. Sex selection was criminalized in India for the doctor, not for the parents to be.

Not all economic, social and cultural rights were justiciable in India. They were only brought in as legal rights when enforcement could be ensured at court. For example, the definition of the right to food by itself was extremely difficult, similar to the right to health. The delegation was not aware of the allegations that court decisions were not implemented. However, it pointed out that the Indian administration was very strict about the enforcement of court decisions. There could be instances of non-implementation, but that was certainly not the norm.

India distinguished between relief and reconstruction activities. The latter should lead to a significantly better situation. The principles of reconstruction of the area hit by the tsunami had required a fair amount of investment, but that did not mean that relief work was neglected. The big issue now was the reconstruction of livelihoods, starting with infrastructure, which the Government was doing. All information had been shared with different bodies of the United Nations. The India Technical Cooperation Programme had been running since 1996 and trained thousands of people in various areas. The question under which convention caste-based discrimination had to be addressed was a matter of mandate. India was deeply concerned about caste-based discrimination, and ready to tackle and discuss it under the relevant bodies. However, the Convention on the Elimination of Racial Discrimination and the Committee on the Elimination of Racial Discrimination were not the right instruments for this issue.

A process of impeachment was needed to remove the Lord Judiciaries, thus, ensuring the highest level of independence and impartiality for them in the world. No authority operated under any kind of impunity. The rule of law and special legal provisions were applied rigorously. India was by far the largest and extremely vibrant democracy.

Further Questions by the Committee Members

The Chairman of the Committee clarified that discrimination was clearly within the mandate of the Committee on Economic, Social and Cultural Rights, whatever the reasons on which the discrimination was based on.

One Expert commented that the minimum essential level of each right had never been referred to. However, without this minimum essential level the International Covenant on Economic, Social and Cultural Rights would be rendered useless, as progressive implementation had no time limits. National rehabilitation assessment did not seem to be a part of the documentation for the Committee. The delegation had not given a clear answer to the question on the relation between trade and human rights and assessments carried out in this respect. Why did the report leave out articles 1-5?

Another Expert regretted that the answers given by the delegation were given in a rather school teachers style, and asked the delegation to enter in a more constructive dialogue, in fact, enter into a dialogue at all.

Core obligations of a Member State included the core implementation of all economic, social and cultural rights. However, the executive in India did not consider economic, social and cultural rights justiciable, in contrast to the Supreme Court of India. The court had recognized the core elements of the rights, and if India could not implement these core elements, it could seek international assistance. He asked about access to the human rights courts under the protection of the human rights act, and their lacking mandate to look into economic, social and cultural rights. Legislation regarding discrimination existed, but was not enforced. Impunity did exist in India, and there were well known examples. Also, compensation for brutally mistreated farmers was provided, but was it sufficient?

An Expert also agreed that there was no constructive dialogue in this meeting so far.

Other comments and questions related to the recent summit between India and Africa with regards to development and its relation to economic, social and cultural rights.

Answers by the Delegation

The delegation said that the minimum essential levels were accepted and laid down in the Indian plans. The information on the ratio between relief and reconstruction would be provided tomorrow. The articulation of human rights would be in the policy that dealt with the issue of rehabilitation. Regarding the India-Africa forum, that was continuing progress in the relationship between India and Africa which started in the last decade. Also, a large quantity of food came from Africa. The delegation was looking forward to a larger interaction of economic, social and cultural rights.

The delegation clarified that it fully respected the mandate of the Committee on Economic, Social and Cultural Rights on discrimination issues.

With regard to the question of how to give substance to the furthering of economic, social and cultural rights, the delegation pointed out India’s eleventh five-year plan, in which 27 targets in 6 broad categories were established. The targets were set with the view to increase GDP growth.

Regarding Scheduled Castes, the delegation said that they traditionally suffered from disadvantages such as untouchability, which led to social exclusion. The Ghandi movement had bought Scheduled Castes into the political process, which was a powerful instrument for social inclusion, and many safeguards had been incorporated in the Constitution as well as special measures which were set up irrespective of race, gender or religion. 166 million people belonged to Schedule Castes. Protective legislation addressed the problem of Scheduled Castes and grants were provided for training of people of the Scheduled Castes and other empowerment activities. The employment of manual scavengers was forbidden by law. There was a need to economically rehabilitate manual scavengers, which was addressed by trainings and assistance for them to set up their own businesses. A large number of developmental schemes had been implemented to support the weaker parts of the population, including Scheduled Castes.

Resources in proportion to the Scheduled Castes were intended to be earmarked to be given to them, and corporations extended financial assistance to people in the Scheduled Castes. Also, scholarships were implemented to improve the educational level of the Scheduled Castes in all levels of education institutions. Female literacy among Scheduled Castes had increased and the gap between male and female education had closed. The employment rate of Scheduled Castes had also improved, including in government jobs. The gap between Scheduled Castes and the overall population had been reduced, but the Government was aware that more measures were needed.

Similar provisions existed for the Scheduled Tribes in India. The Tribes in India were different from other tribes in the world, as they were an integral part of the population of India. The Indian Government had provided for scheduling in light of the specific cultural and traditional aspects of the Tribes, who usually lived in remote areas, which often caused them to lag behind the overall development. The importance attached by the Government to this issue was seen in the establishment of a Ministry to deal with issues of Scheduled Tribes. State policy aimed at providing the base for the Tribes to move forward at the same time as preserving their traditions and lifestyles. The Constitution provided for specific articles concerning Scheduled Tribes, trying to ensure their equality and development. National laws had also been enacted, in particular regarding forest dwelling Scheduled Tribes. The development of living areas of Scheduled Tribes was planned. The tribal sub-plan of 1974 was meant to provide for financial support of Scheduled Tribes. A large number of laws and provisions had been enacted since then and funds were allocated to municipalities for tribal development. As the literacy rate of the Schedule Tribes was still below the overall literacy rate, the Government had enacted education and training programmes to address this problem. Also, Scheduled Tribes were covered under new insurance schemes.

The delegation pointed out several large funds allocated in the aftermath of the tsunami for relief, rehabilitation and recovery work, in order to prove the commitment of the Government.

Questions by the Committee Experts

Further questions raised by Experts related to social security for internally displaced persons in connection to the problem of registration; employment growth rates in the agricultural area in 2000 and after; did the 3 per cent reservation for persons with disabilities relate to public and private sector jobs, and what enforcement mechanisms were set up; vocational training for disabled persons; State measures to protect small farmers from committing suicide; the right of women to make claims in courts; and the effects of the National Rural Employment Act from 2005 until now and problems regarding the 100 days rule of the Act, enforcement of the right of workers and a lack of transparency in payments and job allocation.

Experts also asked about targeted measures to tackle unemployment rates among the youth; access to credit and development aid to reduce exclusion of Dalits; the lack of a national minimum wage; the gender gap in wages; hardship labour conditions for Dalit workers; further measures to address the problem of manual scavengers; the progress of the draft bill on unorganized social security; ratification of ILO Convention No. 102; access to benefits for women after the death of their husbands; access for women to social security schemes; and the effects of the eleventh five-year plan.

Committee members asked about the creation of employment opportunities, in particular in agriculture; income disparities related to annual growth predictions; to which extent did the taxation system envisage redistribution of funds to the poorest; the reasons for the “near stagnation” of employment in agriculture; specific data regarding poverty rates; information relating to the large number of sex workers; financial institutional frameworks addressing the inequality between men and women according to article 3; legislation for the reduction of poverty focusing on women; the lack of application of women’s participation at the federal level; different treatment between men and women in communities and groups at the local level; sources of funding and results of the use of micro-credits; social security for women in informal jobs or working at home; social security for the old; the human rights situation in special economic zones; and the right to form trade unions for workers in the informal sector.

Answers by the Delegation

In response to these questions and others, the delegation of India said it was extremely difficult to have a social security scheme across the country, not only with regard to internally displaced persons and migrants, but in general. The issue of a registration system was therefore in the radar of the Government, but still in the discussion phase. A 1999-2000 survey had discovered that the annual growth rate of employment was only about 1 per cent per year, in stark contrast to 2.2 per cent predicted by other surveys. Also, there was an enormous reduction of women in the labour force. The problem lay in the way the data was collected and given. This showed the problem of the issue of data and the comparability of data. Another survey in 2005 showed completely the opposite, with nearly 2.85 per cent predicted growth rate. However, it was true that the employment rate had decreased in comparison with the overall GDP rate, thus the effectiveness of the growth rate to create new jobs had decreased. The 9 per cent growth target reflected this realization.

The most important aspect of the National Rural Employment Act was the provision of bargaining power to rural workers, and it had already had effects on the rural wage rates. Indian training systems were extremely poor, with only about 3 per cent of the labour force receiving vocational training. However, training for the displaced was addressed by the Government. Regarding suicide of farmers, the delegation said that the diagnosis of the reasons was not conclusive yet. Monoculture had existed in some areas for many years, the problem really developed when farmers moved to monoculture. The difference between some monocultures was the price difference between seeds provided by multinational companies and the State Government. Ultimately, the fragmentation of land and land holding sizes could not provide the necessary income, however, with different triggers. The delegation did therefore not have a definite answer to this question.

The National Rural Employment Act was rigorously applied in the public sector. This was more difficult in the private sector. The 100 day rule should be revised and raised, however, the nature of the National Rural Employment Act had to be taken into account. Indicators for the need for a raise should be applied. The rights of workers were radically preserved and made mandatory for the implementation of the National Rural Employment Act, however, weak planning capacity was a major obstacle. Corruption and payments were serious allegations. There were audit functions and usually activities were undertaken, hopefully leading to a decrease of these issues. It was not clear if there was systemic discrimination, however, discrimination might well have occurred at local levels. Formal employment in the public sector had declined, whereas the employment in the private sector had increased. Faster increase was hampered by the slow growth of Indian corporate businesses, which was rejected by smaller company owners for reasons of tax and labour laws. Traditionally most people found jobs through the social network, but job portals on the Internet had improved the situation.

Regarding ILO Convention 102, progress had been made, and laws and regulations were in place which increased the confidence of the Government that it would be able to implement the Convention once it ratified it. The Convention had a cross-border mandate, which was a matter under constant review. The Government was aware of the Convention and the fact that it had to become compliant to it. India had worked closely with UNICEF and women’s organizations to define “home based work” and other terms, to address the serious issue of social security for women. The next step planned was a survey of the situation, and a decent characterization of the next steps would be considered. The combination of development plans with the free market was possible. The problem of income disparities was the lack of data on income; however, other data had confirmed that this was a major issue. The Government measures had brought mixed results. Taxation was seen as a way of redistribution. There were about 280 million people living under the poverty line today. The delegation stressed the enactment of several laws and a planned special court to deal with claims of the Scheduled Castes according to the Atrocities Act.

Questions of Committee Members

One Expert asked for the outcomes of the plans and policies regarding health security. The situation with regard to some communicable diseases, such as tuberculosis and HIV/AIDS, was very poor. How did the figures relate to an alleged decrease in the infection rate set out in the report? What results had been achieved regarding mental health? What had the Government done regarding the toxic waste which contaminated drinking water? How were health conditions in prisons improved? Were informal payments to doctors and nurses in hospitals criminalized? What was the situation regarding sanitation and its effects on health, in particular regarding the Dalits?

On education, Experts asked what steps had been taken regarding the compulsory provision of school education, and discrimination against women regarding their right to go to school and their de facto bonded labour situation? Further questions related to child labour, the age for work and the programme for street children; the definition of hazardous occupations; the distribution of Government waste land to the poor; the problem of blindness; measures to tackle homelessness; the phasing out of food provisions because of the obstacles of corruption, inefficiency, unequal distribution, and effects of the failure of the land reform in the food security programme; and the definition of poverty.

Experts asked questions related to judgments by the Indian Supreme Court regarding the right to land; the use of excessive force; data on forced evictions; effectiveness of the association for the protection of women and children; child trafficking, in particular of children between the ages of 11 and 14 years; trafficking of persons and organs; the minimum age of 7 for criminal legal responsibility; development of, reasons for and measures against the high rate of school dropouts; why the right of education as a constitutional right was left to the discretion of the States of the union and was not dealt with by the Federal Government; was it a real existing right with real coverage and did all Indian children benefit from this right; the reasons for the relatively low literacy rate, in particular the differences in rates in the different States; effects of literacy programmes; definition of “affordable” education; adult education; supplementary education for certain categories; early marriages and their effect on education; information, prevention and care in the field of reproductive health and abortions; gaps in the law on domestic violence; discrimination against women regarding inheritance rights; land possession and entitlement for women; recent figures on child labour and infant mortality; access to culture; the protection of rights for traditional lifestyles, such as the right to ancestral lands or the right of traditional knowledge for indigenous people; free expression and freedom to worship; prostitution of young girls; female sterilization as a measure of birth control, often under force by public health services; the bad quality of schools and funding for improvement; education for all; and the role of human rights education in the curricula of schools.

Answers by the Delegation

In response to these questions and others, the delegation of India said the framework for gender equality was consigned for the country. Every major development programme required a minimum part focusing on women, and there were also a number of programmes exclusively focusing on women. Women-led self-help groups had started to spread around the country with funding initially coming from the Government. Today, a large number of commercial and even multinational banks worked in the area of micro-credits. The programmes were the most effective measure against poverty at the moment. There was a move towards stabilization of the recently decreased number of seats for women in parliament. Social security did not make a gender distinction between men and women. In special economic zones all human rights laws continued to apply with distinctions seen only because of the fiscal differences.

The delegation said the Government had a policy on the holistic empowerment of women. Several constitutional provisions and a number of other national laws provided for the protection of women’s rights. Concerning children’s rights, India had ratified the UN Convention on the Rights of the Child, and had adopted programmes for children, including on issues such as child health and education. A National Child Labor Programme addressed poverty and illiteracy as the root causes for child labour.

The HIV/AIDS infection rate in India was decreasing. The national AIDS-support programme received strong governmental support and a National Council on AIDS had been established. There was no compulsory testing and free treatment was available in 157 hospitals. A bill against discrimination of HIV/AIDS was under consideration. To establish universal access to family planning services, a family planning programme was provided on a needs-based, demand-driven and informed voluntary service without any coercion.

Regular data on communicable diseases was received in several areas, however, on mental health the Government had to rely on hospital records, as its own surveys had failed completely. Regarding water issues, the propane gas tragedy had been dealt with; however, the water problems were much more severe because of heavy metal contamination. Regular health check ups in prisons were conducted. The issue of child, person and organ trafficking was a major problem and criminalized. There was corruption in medical services, and that practice was unfortunately not criminalized. A sanitation campaign was launched a few years ago, but focused mainly on drinking water. There was a legally mandated minimum age of marriage of 18 for women, but a lot of women got married before the legal age. There were cases of child labour; however, the large numbers were based on counting children who dropped out of school as being involved in child labour. The numbers did not take into account that the number of children out of school had dropped since 2002.

Regarding blindness, the delegation could not provide any numbers on the funding used to combat this. The extent of homelessness was monitored closely, and several policies had been put in place. In food security the extent of subsidies had changed. The poorest received grains for half the price of people above the poverty line. Poverty was defined as consumption poverty. Different schemes and programmes addressed different forms of deprivation. The economic measurement of poverty was used for the economic schemes to reduce poverty, so that economic poverty was only one scheme among a range of schemes addressing deprivation as a whole. Most development took place in tribal areas.

The delegation questioned the data mentioned by the Experts on sexual abuse of children in India. The issue of trafficking was being addressed in current talks with police officers. On the age for criminal responsibility, according to the law, children between 7 and 12 years of age were not to face criminal charges, except if they could understand the issue. In addition, they could not be sent to prison but were sent to special youth prisons. The figures of school dropout rates were being studied to reduce them and measures to address girl child issues were being considered. Though primary education was free, the Government was funding the committees on the local level responsible for the implementation of improvement measures. All children benefited from these policies. The lagging literacy rate was linked to adult education, because of the old age groups with low education rates. The improvement of the situation had been very slow, but the change would come naturally with the change of age distribution.

Higher education was not free; however, costs amounted to a mere $ 5.50 per month at the elite universities. The delegation left it for the Committee to decide if that was affordable or not. There was also a long-distance learning system, which provided excellent education. The effects of better literacy rates were not predictable due to the large internal migration rate. The infant mortality rate had dropped to 54 per cent with a target to bring it down to 30 per cent in 2012. The management of the Mahabodi temple was an example of the right to culture, carried out by a Government management committee, thus, independent from religious beliefs of the committee members.

Regarding female sterilization and allegations of forcing women to undergo this, the delegation expressed its surprise that this was happening, as there was no need for any officer to enforce such sterilization. In order to improve school dropout rates, the education system and the utilities of education had to be improved. This was all going to happen. The delegation was also completely surprised by the numbers provided by UNICEF regarding children labour, which by large exceeded the numbers given by the Government.

Further Questions by the Experts

Further questions related to access to cultural rights and the successes and failures in the health system.

Answers by the Delegation

The protection of cultural rights was an important issue and addressed by several tribal projects supporting tribal languages, tribal traditions and arts, the delegation said. Addressing the problem of access to health services in insurance schemes had been a large failure, as the beneficiaries could not get their payments from the insurance companies. Thus, the problem remained open.

Concluding Statements

In his concluding remarks, SWASHPAWAN SINGH, Ambassador and Permanent Representative of India to the United Nations Office at Geneva and head of the delegation, thanked the Committee for the constructive dialogue. He said that there was a clear and positive recognition of the efforts India was making. The Committee members had also shown understanding of the difficulties India was challenged with. India had undertaken a wide range of institutional, legal and administrative measures, with a lot of problems rooted in the existing poverty. India reaffirmed its commitment to the implementation of economic, social and cultural rights to all its people.

PHILIPPE TEXIER, Chairman of the Committee, thanked the delegation for its outstanding efforts to answer all the questions of the Committee Members.

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