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People's Collective for ESCR IVIDED ESTINIES UNEQUAL Economic, LIVES Social and Cultural Rights and the Indian State Coordinated by NGO report to The United Nations Committee on Economic Social and Cultural Rights May 2008 E-173 Kalkaji, Second Floor, New Delhi-110019 Tel: +91-11-40536091-92 • Fax: +91-11-40536095 • [email protected] People's Collective for Economic, Social and Cultural Rights IVIDED ESTINIES UNEQUAL Economic, LIVES Social and Cultural Rights and the Indian State NGO report to The United Nations Committee on Economic Social and Cultural Rights May 2008 People's Collective for Economic, Social and Cultural Rights Coordinated by Contents Preface ................................................................................................................... 2 Contributors............................................................................................................ 5 IVIDED Section 1: ICESCR Articles 1 to 5 1. Indigenous Peoples' Rights ................................................................................ 9 ESTINIES 2. The Question of Resources ............................................................................... 13 3. Rights of Women ............................................................................................. 16 4. Rights of Dalit Women...................................................................................... 19 UNE UAL Section 2: ICESCR Articles 6 to 9 Q Economic, 1 1 5. Right to Work .................................................................................................. 25 LIVES Social and 6. Rights at Work................................................................................................. 29 Cultural Rights and the Indian State 7. Right to Trade Unions....................................................................................... 32 n 8. Right to Social Security ..................................................................................... 35 n Section 3: ICESCR Articles 10 to 12 o o 9. Rights in a Family ............................................................................................. 41 i 10. Declining Sex Ratio .......................................................................................... 44 i t 11. Right to Food .................................................................................................. 47 t 12. Crisis in Agriculture .......................................................................................... 50 c 13. Right to Adequate Housing and Land................................................................. 54 c 14. Livelihood Development and Displacement......................................................... 58 e 15. Women & Micro Credit .................................................................................... 64 e 16. Right to Physical and Mental Health................................................................... 69 S Section 4: ICESCR Articles 13 to 15 S 17. Right to Education............................................................................................ 75 ICESCR Section 5: ICESCR Critical Issues 18. Women and Conflict......................................................................................... 85 19. Rights of Muslims............................................................................................. 89 Articles 1 to 5 20. Sexual Rights ................................................................................................... 93 Members of the Collective and Endorsing Organizations/Individuals ............................ 96 Acknowledgement................................................................................................... 99 PREFACE n 10th July, 1979, India - by ratifying the It has been a long and challenging journey for OInternational Covenant on Economic, Social PWESCR to coordinate the process of developing and Cultural Rights (ICESCR) - became a State this Report. The idea to form a Collective started party to this treaty body. Reporting guidelines of with a core group of 12 members who met twice the Covenant require States to submit periodic – once in Delhi and then in Mumbai. It was felt reports every five years. After submitting the that it was important to participate in the initial report, India failed to report to the CESCR review process and to develop a report. Committee on Eonomic, Social and Cultural With the help of these core group members, a Rights (the Committee). Now, after almost two collective process with extensive outreach was decades, India is scheduled to be reviewed by developed. By 12th December, 2007, when we had the Committee in May 2008. India’s upcoming our first national consultation, the Collective review also provides an opportunity to civil already had sixty plus organisations on board. At society groups in India to engage with our that day long meeting clear guidelines, timelines government, using international forums and were laid down and various subgroups were spaces. This NGO Report to the Committee was formed. The sense of shared responsibility was prepared by the People’s Collective for Economic, strongly expressed. People volunteered to work in Social and Cultural Rights for May 2008 review various thematic subgroups to collect information/ process. evidence for the report. To make communication and information sharing easy, a listserv was set up PWESCR (Programme on Women’s Economic and moderated by PWESCR. Social and Cultural Rights) initiated a collective process under the broad umbrella of the People’s For next month and a half, various activities were Collective on Economic Social and Cultural carried out in the different subgroups. Several Rights to articulate the myriad voices from India’s meetings and outreach consultations were civil society. The short term goal for the organised by leaders of these subgroups to connect Collective was to develop an NGO Report in diverse groups to this process. PWESCR response to the Government of India’s Report. continued to stage workshops to train these sub- The long term goal, however, was two fold: to groups on treaty bodies, guidelines, reporting develop a core group of organisations to process, and so on. After weeks of hard work, monitor women’s economic, social and cultural draft chapters started to take shape. rights (ESCR) in India, and to raise awareness The Collective then met on 4th February, 2008, in around international human rights standards Delhi for a National Consultation. Presentations and their relevance to local and national were made by all subgroups, with critical inputs struggles. from others. After discussions on various issues 3 the draft chapters were then submitted to the of these themes does not in any way indicate drafting committee, a group of individuals their lack of importance or relevance to India’s responsible for ensuring the accuracy of data and ESCR scenario. evidence, as well as clarity in terms of arguments. Additional research assistance was provided by a It was a great opportunity for PWESCR to team of researchers at PWESCR. The draft engage with numerous very diverse groups and chapters were also shared by various independent individuals who contributed towards making this experts who provided very insightful advice. After Report possible. The biggest challenge was to keep spending over four weeks on the document, to the deadline of time and the constraints of drafting committee members finalised all space in coming up with this Report. these chapters. Let me reiterate that it was a tremendous honour This report by the Collective has five sections to work with over hundred groups and individuals divided into 20 chapters. The divisions of sections to make this Report possible. The collective are based on grouping articles following the responsibility that the process generated gave us Committee’s review process. The last section was the encouragement to take on this immense added as ‘Critical Concerns’, since these issues responsibility. were indispensable for a Report of this kind. We would have wished to include many more issues Priti Darooka and themes, but lack of time and other Executive Director constraints came in the way. However, the absence PWESCR 4 CONTRIBUTORS • AALI • Gouri Choudhury • Margaux Hall Action India International Human Rights Clinic • Crynet at Harvard Law School’s Human • Govind Kelkar • Amit Kumar Rights Program UNIFEM Gorakhpur Environmental Action • Meena Patel Group • Hannah Simpson Workers Solidarity Centre International Human Rights Clinic • Anand Grover at Harvard Law School’s Human Lawyer’s Collective • Mohini Giri Rights Program Guild of Service • Anuradha Rajan • Indira Hiraway • N.B. Sarojini • Archana Prasad Sama Resource group for Action India • Indira Jaisingh Lawyer’s Collective Women and Health • Arvind Khare • Nirmal Kandpal Bhumi Adhikar Manch • J. John Centre of Education and Van Panchayat Sangharsh Morcha • Asmita Basu Communication • Padma Deosthali Lawyer’s Collective • Jaya Sharma CEHAT (Centre for Enquiry Into • Babloo Loitongbam Nirantar Health and Allied Themes) Human Rights Alert • Jennifer Liang • Palla Trinadha Rao • Benu Verma The ANT (The Action Northeast Resource for Legal Action SANGAT Trust) • Pallavi Mansingh • Bhumika Jhamb • Joy Deshmukh-Ranadive CEC (Centre for Education and CBGA (Centre for Budget and Communication) Governance Accountability) • Kalyani Menon-Sen • Prof. Pam Rajput • Liane Ong • Caroline Dommen Women’s Resource and International Human Rights Clinic 3 D-Trade-Human Rights- Advocacy
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