CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT

Concluding Observations of the Committee on Economic,

Social and Cultural Rights

INDIA

18.     The Committee notes with concern the disproportionate representation of women in the informal labour market and the significant gender disparities in wages. The Committee also notes with concern the low representation of women in decision-making.

19.     The Committee notes with concern, despite the legal prohibitions in place, including the 1993 Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, the 1976 Bonded Labour System (Abolition) Act and the 1986 Child Labour (Prohibition and Regulation) Act, the prevalence of bonded labour, the worst forms of child labour and other exploitative labour conditions in the State party. The Committee is concerned about the insufficient enforcement of existing labour legislation at the federal and the state levels, as well as the lack of awareness among employers on the existing rules and standards.

20.     The Committee notes with concern that the rapid and sustained economic growth in the State party has not been translated into employment growth that is sufficiently substantial to ensure compliance with the core obligations under Article 6 of the Covenant, as highlighted in the Committee`s General Comment No.18 on the right to work (2005).        

21.     The Committee is concerned that, in spite of the enactment of the National and Rural Employment Guarantee Act in 2006, the high and increasing rate of unemployment and underemployment persists in the State party, particularly in the rural areas.

22.     The Committee notes with concern the weak enforcement of the existing state minimum wages. The Committee is also concerned that the low levels of wages, particularly in the agricultural sector, are insufficient to provide a decent standard of living for workers and their families.

23.     The Committee is concerned about the numerous requirements of the State party with respect to trade unions, particularly those in the informal sector, in obtaining collective bargaining licences such as the minimum membership requirement for a union of 100 workers or 10% of the workforce under the 1926 Trade Unions Act, and a complete ban on strikes under the Essential Services Maintenance Act which does not prescribe an official list of the essential services that falls under its purview. The Committee also notes with concern that, pursuant to the 1964 Central Civil Services (Conduct) Rule, civil servants` right to join trade unions and to strike is severely restricted.

24.     The Committee is concerned that, pending the adoption by the Parliament of the Unorganised Sector Worker`s Social Security Bill, workers in the State party, a majority of whom are employed in the unorganised/informal sector, does not currently benefit from state-administered social security protection.

28.     The Committee is deeply concerned that, despite the rapid economic growth achieved under the Ninth Plan (1997-2002) and the Tenth Plan (2002-07), high levels of poverty as well as serious food insecurity and shortages persist in the country, disproportionately affecting the population living in the poorer states and in rural areas, and the disadvantaged and marginalised groups. The Committee is also concerned that the State party, in its pursuit of economic growth, and in its definition of the poverty threshold exclusively in terms of consumption, has overlooked its obligations to fully integrate human rights, particularly economic, social and cultural rights, in its poverty-reduction strategies.  The Committee is also concerned by reports of corruption, inefficiency and discrimination in distribution that hamper access to food, particularly by the disadvantaged and marginalised groups of society who have been excluded from the benefits of the State party`s economic growth.

29.     The Committee is deeply concerned that the extreme hardship being experienced by farmers has led to an increasing incidence of suicides by farmers over the past decade. The Committee is particularly concerned that the extreme poverty among small-hold farmers caused by the lack of land, access to credit and adequate rural infrastructures, has been exacerbated by the introduction of genetically modified seeds by multinational corporations and the ensuing escalation of prices of seeds, fertilisers and pesticides, particularly in the cotton industry.

31.     The Committee, while noting that the draft Resettlement and Rehabilitation Bill is currently before Parliament, remains deeply concerned about the reports of displacement and forced evictions in the context of land acquisition by private and state actors for the purposes of development projects, including constructions of dams and mining, and that the members of disadvantaged and marginalised groups, in particular, the scheduled castes and scheduled tribes, are adversely affected by such displacement from their homes, lands and their sources of livelihood. The Committee is also concerned that urban renewal projects, sporting events, infrastructure expansion, environmental projects and more recently, the designation of large areas as tax-free Special Economic Zones, have resulted in the displacement of millions of families, most of who have not received adequate compensation and rehabilitation. Furthermore, the Committee is concerned about the lack of effective consultations and legal redress for persons affected by displacement and by forced evictions, and the inadequate measures to provide sufficient compensation or alternative housing to those who have been removed from their homes and/or their ancestral lands.

33.     The Committee is concerned that, despite the economic growth achieved by the State party, health care expenditures remain exceptionally low at around 1% of GDP, and that a significant proportion of the population continues to have limited or no access to basic health services, resulting in alarmingly high rates of maternal and infant mortality, as well as high incidences of tuberculosis and other communicable diseases. The Committee is also concerned by the rising HIV/AIDS infections, and the lack of reliable information available regarding persons affected by mental health illnesses.

38.     The Committee notes with concern that the universal healthcare scheme in the State party falls short of providing for universal coverage, excluding a considerable portion of the population. The Committee is also concerned that the quality and the availability of the health services provided under the scheme have been adversely affected by the large-scale privatisation of the health service in the State party, impacting in particular on the poorest sections of the population.

44.     The Committee notes with concern that some of the development measures and projects that have been carried out have not sufficiently into account the way of life and specific forms of livelihood of numerous communities in India, in particular the scheduled tribes in the northeast, thus affecting their right of everyone to take part in cultural life. 

E.         Suggestions and Recommendations

1.       The Committee is of the view that the State party has within its power the ability to immediately implement the rights in Part II of the Covenant as required, and to meet, at the least, its core obligations for the progressive realization of the rights in Part III of the Covenant. The Committee therefore urges the State party to review its position regarding its legal obligations arising under the Covenant in light of the Committee`s statement on the evaluation of the obligation to take steps to the “maximum of its available resources” under an Optional Protocol to the Covenant (E/C.12/2007/1), and its General Comments No. 13 (1999) and No. 14 (2000) in relation to core obligations.  The Committee also encourages the State party to ensure that the provisions of the Covenant are taken into consideration in legislative and administrative policy and decision-making processes.

57.     The Committee recommends the State party to undertake and enforce effectively  measures to ensure equal treatment between men and women in the labour market, and to consider enacting legislation on equal pay for work of equal value in both the public and the private sectors, and for such legislation to be adopted at the State level. The Committee also recommends the State party to continue to make use of affirmative action measures to promote active political participation of women.

59.     The Committee recommends that the State party ensure the right to decent work and provide sufficient resources to the labour inspectorate to enable regular and independent inspections of health and safety conditions in all sectors. In this regard, the State party should take effective measures to ensure that violations concerning prohibited labour practices, such as bonded labour, manual scavenging and the worst forms of child labour are stringently prosecuted and employers duly sanctioned. The Committee recommends the State party to launch a national campaign to abolish manual scavenging and other degrading forms of work and to provide information on the results achieved in its next periodic report. The Committee further recommends that measures to rehabilitate affected children, to monitor their work conditions and their living conditions following removal from such work, be strengthened and significantly expanded to cover all children engaged in the worst forms of child labour. The Committee also recommends that the State party consider ratifying the following ILO Conventions: No. 182 on the Worst Forms of Child Labour; No. 138 on Minimum Age; No. 174 on Prevention of Major Industrial Accidents.  

60.     The Committee recommends that the State party provide, in its next periodic report, information on the measures taken within the framework of the 10th and the 11th Plans to achieve an adequate rate of employment growth in order to ensure the fullest possible enjoyment of the rights under Article 6 of the Covenant.  The Committee further recommends that the State party provide the necessary conditions to encourage private sector employers to create additional jobs in the process of economic growth.

61.     The Committee recommends that the State party reinforce its programmes designed to reduce unemployment and in this regard, to target on a priority basis the most affected groups and regions. In this connection, the Committee recommends that the State party consider ratifying the ILO Convention No. 2 on unemployment. The Committee further recommends the State party to take necessary measures to ensure effectively the full implementation of the provisions foreseen under the National Rural Employment Guarantee Act.

62.     The Committee encourages the State party to ensure that the state minimum wages are fully enforced throughout its territory, and in all sectors, with a view to enabling all workers and their families to enjoy an adequate standard of living.  The Committee also encourages the State party to establish an effective system of indexation and regular adjustment of the minimum wage to the cost of living.

63.     The Committee recommends that the State party remove, in law and practice, obstacles to trade unions` rights to conduct collective bargaining, and to pay particular attention to the workers` rights in Special Economic Zones (SEZs) and Export Processing Zones (EPZs). In particular, the Committee recommends that the State party consider amending the 1964 Central Civil Services (Conduct) Rule with a view to lifting the restrictions imposed on civil servants` right to join trade unions and on their right to strike, and to clearly define “essential services” as stipulated by the Essential Services Maintenance Act. The Committee recommends the State party to consider ratifying the ILO Convention No. 98 on the Right to Organize and Collective Bargaining.

64.     The Committee recommends that the State party adopt the Unorganized Sector Workers Social Security Bill without delay, and ensure, in line with the Committee`s general recommendation No.19 on the right to social security (2007), that the very large sections of the population which are still not adequately covered by the social security system of the State party become entitled to social security benefits which provide for the minimum standards in respect of, inter alia, health, maternity benefit, old age benefit, labour accident insurance and dependants benefit. The Committee recommends that the State party consider ratifying the ILO Convention No.102 on Social Security (Minimum Standards), and requests that it provide detailed information in its next periodic report on the extent of the coverage of its social security system for the unorganised/informal sector.

69.     The Committee urges the State party, in addition to the full implementation of the planned farmer debt waiver programme, to take all necessary measures to address the extreme poverty among small-holding farmers and to increase agricultural productivity as a matter of priority, by inter alia: developing the rural infrastructures including irrigation as part of the Bharat Nirman programme; providing financial and other forms of assistance to families of suicide victims; ensuring that the existing agricultural insurance schemes, including the Crop Insurance Scheme and the Calamity Relief Fund, are fully implemented and are accessible to all farmers; providing state subsidies to enable farmers to purchase generic seeds which they are able to re-use, with a view to eliminating their dependency on multinational corporations. The Committee also recommends the State party to review the Seed Bill (2004) in light of its obligations under the Covenant and draw the attention of the State party to para. 19 of the Committee`s General Comment No.12 on the right to adequate food (1999).

71.     The Committee recommends that the State party take immediate measures to effectively enforce laws and regulations prohibiting displacement and forced evictions, and ensure that persons evicted from their homes and lands be provided with adequate compensation and/or offered alternative accommodation, in accordance with the guidelines adopted by the Committee in its General Comment No. 7 on forced evictions (1997).  The Committee also recommends that, prior to implementing development and urban renewal projects, sporting events and other similar activities, the State party should undertake open, participatory and meaningful consultations with affected residents and communities.  In this connection, the Committee draws the attention of the State party to its General Comment No. 4 on the right to adequate housing (1991) and further requests the State party to provide information in its next periodic report on progress achieved in this regard, including disaggregated statistics relating to forced evictions. 

73.     The Committee recommends the State party to significantly increase its healthcare expenditure, according the highest priority to reducing maternal and infant mortality rates and to preventing and treating serious communicable diseases, including HIV/AIDS. The Committee further recommends that the State party take effective measures to fully implement the National Rural Health Mission (2005-2012) and ensure the quality, affordability and accessibility of health services without hidden costs, especially for disadvantaged and marginalised individuals and groups.  In this respect, the Committee draws the attention of the State party to its General Comment No. 14 on the right to the highest attainable standard of health (2000) and requests the State party to provide detailed information, on a disaggregated and comparative basis, regarding the progress it has achieved in this regard in its next periodic report. The Committee also recommends the State party to undertake a systematic assessment of policy measures and the realities of mental illness in the State party with a view to improving the treatment of and care for persons with mental illnesses.