THE DOMESTIC IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS IN INDIA, NEPAL, AND SRI LANKA: A COMPARATIVE STUDY Thesis Submitted in Partial Fulfillment of the Requirements for the Award of the Degree of Doctor of Philosophy In Human Rights By Md Nazeer Hussain Under the Supervision of Professor Abdulrahim P. Vijapur Department of Political Science Aligarh Muslim University Aligarh, India 2017 Acknowledgements The credible opportunity to complete the task on time is only possible with the blessings of Allah, the Creator of all the worlds. I am very thankful to Almighty Allah for giving me courage, patience, and sincerity throughout in completing this study. The honest effort, care, and love of my parents – Mr. Md Zaheer Hussain and Mrs. Zahida Khatoon – to boost my career are the strongest things in this world that help me to achieve my goals. Words can’t express humble gratitude to them. May Allah give them better rewards in this world and hereafter? The strength that helps me to achieve this academic height is none other than my respected mentor Professor Abdulrahim P. Vijapur. His incredible guidance and encouragement always inspire me to improve my research performance. The perceptive, substantial, and insightful comments on the earlier drafts of this thesis greatly improved its contents and readability of the final draft. Whenever I faced ambiguities in my academic expressions and writings while drafting many drafts of the study, it was my mentor who stood like a rock to rescue me from getting drowned in the muddy waters of academic chaos. I can’t express my gratitude in words. I must mention the constructive suggestion of Professor Arif Hameed during the Pre-Submission Presentation of my thesis to improve the sixth chapter on the comparative study. I am deeply thankful to Professor Mirza Asmer Baig (Chairman of the Department) for granting required approvals at every stage of the study. I owe my esteem to all the rest of the faculties of the Department of Political Science, AMU specially Professor Iftekhar Ahemmed, Professor Nafees Ahmad Ansari, Dr. Muhibul Haque, Dr. Rahat, and Dr. Irfan. I am also thankful to faculties of different departments of the Aligarh Muslim University for their support and cooperation including Professor Mohammad Azhar (D/O- West Asian Studies), Professor Nizamuddin Khan (D/O- Geography), Professor Masroor Akhtar Khan (D/O- Botany), and Dr. Rashid Ali (D/O- Computer Engineering). My special thanks goes to my well wishers including Dr. Jamal Nasir, Dr. Aman M. Khan, Dr. Adil Gazhnawi, Dr. Amir Mahmood, Dr. Mushtaque Ahmad Siddidqi, Dr. Jameel, Master Rafeeq Ahmad, Md Amanullah, Tabarak Husain, Md Iliyas, and Iqrar Wali Khan. I also oblige my allegiance to my colleagues and friends whose best wishes always favoured me. The personnel whose support makes the study easy includes administrative staff of the Department and thanks goes to Mr. Hammad, Mr. Muqeet, Mr. Arshad, Mr. Nizam, and Mr. Afzal. The special thanks goes to Mr. Asaf Khan (Seminar Library Incharge, D/O-Political Science) to provide invaluable books on South Asian studies. Thanks also goes to the staff of Maulana Azad Library, AMU, for their cooperation and help especially to Mr. M Khalid Siddiqi. Thanks also goes to the staff of Computer Centre, AMU, to access online books, journals, periodicals, research papers, etc., and to provide other technical support. The person whose debt can’t be remitted for the moral support is my beloved wife Ms. Gulnaz Parveen and my little daughter Laaibah Firdausi. My gratitude also goes to family members and relatives specially my brother Mr. Md Shakir Hussain with his wife and children, my two sisters Ms. Mazhabi Kauser and Ms. Akbari Abida with their husbands and children, and my maternal father Mr. Nabi Ahmad. The researcher has made utmost efforts to acknowledge all the sources that have been cited throughout the study. If invertently, some sources have not been cited properly, the researcher alone is responsible for this lapse. The last but not the least, the researcher is highly indebted to the financial support provided for the smooth study by the University Grant Commission, New Delhi by awarding National Eligibility Test – Senior Research Fellowship (NET- SRF) for pursuing the research programme, leading to the award of the degree of PhD. The researcher also acknowledges the grant of Junior Research Fellowship by UGC pursuing the course leading to the award of the degree of M.Phil. in Human Rights. Md Nazeer Hussain Abstract The progress of social life is seen contingent to the magnitude of available material resources and its justiciable redistribution. The conventional social practices primarily support civil and political independence of the people. The elite culture preserves the State allegiance to safeguard the superiority of limited classes of people. The uniform supply of resources on the basis of principles of equality and non-discrimination is systematically denied to vast majority of people, specially belonging to marginalized and disadvantaged groups. The growth of self-determination and the dignified life is narrowed for millions devoid of basic needs. The non-recognition and non-realization of rights to food, clothes, housing, work, education, etc., make civil and political liberties ineffective and meaningless. The nation States attempt loosely to enforce the comprehensive agenda on socio- economic rights. The division of human rights into justifiable (civil-political) and non-justifiable (social-economic) rights by the United Nations in the 1960s gave excuses to States to neglect the implementation of socio-economic rights. This blurred welfare policies enhanced the poverty, food scarcity, illiteracy, unemployment, malnourishment, etc., around the world. The State inaction to discharge its obligations to fulfill the socio-economic aspirations propels the larger masses to live in vulnerable conditions. The reluctance on part of the State institutions supports other actors to exploit the legitimate rights of the disadvantage groups. The pathetic monitoring of human rights instruments is unable to augment the accountability and transparency of the public institutions. The demand of minimum essential resources to survive a dignified life mobilized the masses against the ruling classes around the world. Most of the historical movements, however, emphasized the significance of civil and political rights. The economic, social, and cultural rights are categorized as second class or second generation rights in comparison to its counterpart civil and political rights. It is only after the scourge of two World Wars that the world community recognizes the urgency of socio-economic well being of the millions of people suffering around the globe. The establishment of the United Nations unveils the armor of empowerment and strength to the voiceless people of the world. Abstract The Charter of the United Nations (the Charter) proclaims the universal protection of fundamental human rights of all the people. The United Nations General Assembly (the Assembly) formulates to transform the provisions of the Charter into a Universal Declaration respected by all the countries and a binding Covenant on human rights. The final version comes with a proud Universal Declaration of Human Rights, 1948 and two separate Covenants viz. the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR or the Covenant) – both adopted by the Assembly on the same day in 1966. The course of ICESCR is completely different from its counterpart ICCPR devoid of monitoring body of the instrument, like an eighteen members Human Rights Committee with individual complaints system. The monitoring function of ICESCR is vested with the United Nations Economic and Social Council (ECOSOC). Subsequently in 1985, the ECOSOC constituted the eighteen members Committee on Economic, Social, and Cultural Rights (CESCR or the Committee) with the reporting procedure to evaluate the periodic State reports over the progress and achievements in the fields of socio-economic developments. The individual complaint mechanism under the Optional Protocol of the ICESCR is adopted only in 2008 that entered into force in 2013. These developments reinforces that human rights are indivisible and interdependent and can’t be prioritized (as was done in the 1950s and 1960s in the background of Cold War) as justifiable civil-political (i.e., to be enforced immediately) and non-justifiable socio-economic (to be implemented progressively on the availability of resources) rights. The freedom struggle of India integrates the entire population to attain the independence on cost of their life and possessions. Thousands of people shed their blood and lose their belongings to dismantle the colonial regime. The successive governments formulate inclusive policies to bring every section of the society into the mainstream of national life. The Constitution of India (1950) recognizes various provisions of the socio-economic field before the ICESCR is adopted by the Assembly in 1966. India ratifies the Covenant in 1979 after three years it enters into force in 1976. 2 Abstract The provisions of the Covenant are non-justiciable before the Courts of India and are realized progressively. However, economic, social and cultural rights enshrined in part IV of the Constitution in the form of directive principles of the State policy are considered fundamental