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Universal Periodic Review (Upr): Mid-Term Report 2020

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Universal Periodic Review (Upr): Mid-Term Report 2020 UNIVERSAL PERIODIC REVIEW (UPR): MID-TERM REPORT 2020 Assessing India’s Implementation Of UPR-III Recommendations Aditi Patil 1 UNIVERSAL PERIODIC REVIEW (UPR): MID- TERM REPORT 2020 Assessing India’s Implementation Of UPR-III Recommendations Submitted by The Working Group on Human Rights in India and the UN EDITORIAL BOARD Mr. Sanjoy Hazarika Ms. Enakshi Ganguly Mr. Miloon Kothari Ms. Shivani Chaudhry COMPILATION AND EDITING Ms. Aditi Patil For further information, contact: Working Group on Human Rights in India and the UN Address: 3rd Floor, 55A, Siddharth Chambers, Kalu Sarai, New Delhi – 110016, India Tel: +91 11 4318 0200 Fax: +91 11 4318 0217 Website: http://wghr.org/ Email: [email protected] FOREWORD India’s Universal Periodic Review (UPR) took place for the third time (UPR-III) on 4 May 2017, when it received a total of 249 recommendations on diverse subjects and issues. India will be reviewed in its fourth UPR cycle (UPR-IV) in 2022. This mid-term review is an attempt by the Working Group on Human Rights in India and the United Nations (WGHR) to assess how far the Government of India has been able to implement the recommendations received. The report has been prepared with contributions from WGHR charter members as well as other partners. We are grateful to The YP Foundation, the Civil Society Forum on Human Rights (CSFHR), and Mr. Ankur Bisen for their contributions and inputs to this report. WGHR has allowed each contributor to write their respective chapter without being limited by a word count. We have sought to keep to a uniform format that is not judgmental, either in tone or content, and have based our report on factual research from a range of sources including government, international organizations, academic research, civil society reports, and media accounts. Each chapter comes with a matrix which indicates the status of implementation of the recommendations falling under that theme. Despite our best efforts, we acknowledge that the recommendations have not been covered completely and the analysis has not fully addressed some issues relevant to certain recommendations. For example, the section on Adivasis and tribals needs to include tribes and ethnic groups from the North-Eastern states. We propose to fill these gaps in the stakeholder report for the India’s UPR-IV which will be due in 2022. We also acknowledge that the problems of refugees, migrants, and internally displaced persons (IDPs) have not been specifically addressed in this mid-term report. However, they do feature in the recommendation matrices from UPR-III intersecting with various thematic issues and sectors – from health, drinking water and sanitation, education, child rights, labour rights, issues revolving around gender, as well as access to justice, including police and prisons. We look forward to reviewing and addressing this segment in WGHR’s stakeholder report for UPR-IV. The process for compilation of this mid-term report has been as follows: individual members contributed their drafts to the Secretariat consisting of Mr. Sarthak Roy, Ms. Alice Vieira, and Ms. Aditi Patil. These chapters were then compiled and edited by Aditi Patil. Following this, they were reviewed by members of the Editorial Board, who also helped to finalize them. We are especially grateful to Aditi for having taken on the mammoth task of putting together this report. Given the expediency with which this report is being published, we have prepared it only as an e- version, although those who want can print it. We look forward to reviews, feedback, and inputs to the report. These will help our preparations for our stakeholder report for UPR-IV. We hope this document will be useful to stakeholders, citizens, researchers, media, and civil society in enabling a better understanding of the parameters, ground realities, gaps, and the continuing human rights challenges that need to be addressed in India as the next review approaches. Sanjoy Hazarika Enakshi Ganguly Co-convenor Co-convenor TABLE OF CONTENTS NO. CHAPTER TITLE PAGE NO. LIST OF ABBREVIATIONS……………………………………………………………. ………………i – v 1. Dalit Rights………………………………………………………………………………… .………………….1 2. Child Rights………………………………………………………………………………… ……..………….22 3. Rights of (i) Women and (ii) Sexual and Gender Minorities………. …….……….….37 Human Rights Defenders and Civic Space (Freedoms of 4. Expression, Assembly, and Association)……………………………………. …....…………..50 5. The Right to Health……………………………………………………………………. ….……………..70 6. The Right to Food………………………………………………………………………. ….……………100 7. The Right to Water and Sanitation……………………………………………. .………………107 8. Housing and Land Rights…………………………………………………………… .………………112 9. Labour Rights…………………………………………………………………………….. .………………123 10. The Right to Education………………………………………………………………. .………………135 11. The Freedom of Religion and Minority Rights…………………………… .………………140 12. Access to Justice………………………………………………………………………… .………………161 13. The Right to Freedom from Torture and Ill-treatment………………. .………………181 14. Militarization and Enforced Disappearances……………………………… .………………193 International Obligations and Cooperation with UN Human 15. Rights Mechanisms………………………………………………………………….... ……….………204 LIST OF ABBREVIATIONS Aam Aadmi Bima A social security scheme targeted towards providing financial aid to the low- Yojana income families, especially in rural areas; the premium of the of the scheme holder is paid from the Social Security Fund of the Government Adivasis Tribal / Indigenous Communities AES Acute Encephalitis Syndrome AFHC Adolescent-Friendly Health Clinics AFSPA Armed Forces Special Powers Act 1958; also, Armed Forces (Jammu and Kashmir) Special Powers Act 1990 [J&K AFSPA] AHTUs Anti-Human Trafficking Units AMU Aligarh Muslim University ANC Ante-Natal Care Anganwadi Centres Government-run crèches/ children’s day-care centres APDP Association of Parents of Disappeared Persons ASHAs Accredited Social Health Activists Atal Pension Yojana A Government-backed pension scheme primarily targeted at the unorganized sector (formerly known as Swavalamban Yojana) AWSC Allocation for the Welfare of the Scheduled Castes AWST Allocation for the Welfare of the Scheduled Tribes Ayushmaan Bharat A scheme introduced by the Government of India to provide free access Yojana to health care for 40 per cent of the people in the country Bangkok Rules United Nations Rules for the Treatment of Female Prisoners and Non- Custodial Measures for Women Offenders BJP Bharatiya Janata Party BPL Below Poverty Line BPRD Bureau of Police Research and Development CAA Citizenship Amendment Act 2019 CAAJ Committee Against Assault on Journalists in India CAG Comptroller and Auditor-General of India CAH Citizens Against Hate CAPF Central Armed Police Forces CBI Central Bureau of Investigation CBMP Community-Based Monitoring and Planning CBNP Community-Based Nutrition Programmes CEDAW Convention on the Elimination of All Forms of Discrimination Against Women (also, Committee on the Elimination of Discrimination Against Women) CESCR Committee on Economic, Social and Cultural Rights CHC Community Health Centre CHRI Commonwealth Human Rights Initiative CIC Central Information Commission CID Criminal Investigation Department CoSHWC Code on Occupational Safety, Health and Working Conditions CoSS Code on Social Security COVID-19 Corona Virus Disease 2019 ii CoW Code on Wages CrPC Code of Criminal Procedure 1974 CRPD Convention on the Rights of Persons with Disabilities CRPF Central Reserve Police Force CSDS Centre for the Study of Developing Societies CSO Civil Society Organization DSLA District-level Legal Services Authority ED Enforcement Directorate EEVFAM Extrajudicial Execution Victim Families Association Manipur EPF Employees’ Provident Fund ESIC Employees’ State Insurance Corporation Scheme FCRA Foreign Contribution (Regulation) Act 2010 (amended recently in 2020) FIR First Information Report FNPs Foreign National Prisoners FPIS Family Planning Indemnity Scheme GDP Gross Domestic Product GHI Global Hunger Index Gram Panchayat Village Council – the smallest unit of local self-governance in India GST Goods and Services Tax Hijra, Kinnar, and Jogta Different terms, some with regional references, associated with the transgender communities in India HLRN Housing and Land Rights Network HRCtte Human Rights Committee HRD Human Rights Defender HRDA Human Rights Defenders Alert – India Hurriyat A separatist political front in Jammu and Kashmir I&B Ministry Ministry of Information and Broadcasting ICCPR International Covenant on Civil and Political Rights ICDS Integrated Child Development Services ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICJ International Court of Justice at The Hague ICMR Indian Council of Medical Research ICPPED International Convention on the Protection of All Persons from Enforced Disappearance ICRMW International Convention on the Protection of the Rights of Migrant Workers and Members of their Families ILO International Labour Organization IPC Indian Penal Code 1860 IPHS Indian Public Health Standards IUD Intra-Uterine Device J&K Jammu and Kashmir (earlier the state of Jammu and Kashmir, which was then restructured into two union territories of ‘Jammu and Kashmir’ and ‘Ladakh’ in August 2019) Janani Suraksha Yojana Safe motherhood intervention under the auspices of the National Health (JSY) Mission to reduce maternal and neonatal mortality and promote institutional delivery iii JJB Juvenile Justice Board JNU Jawaharlal
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