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Human Rights in India Human Rights in India e Working Group on Human Rights in India and the UN (WGHR) STATUS REPORT 2012 is a national coalition of fourteen human rights organizations and independent experts from India. WGHR works towards the realization of all civil, cultural, economic, political and social rights in India and aims at holding the Indian government accountable for its national and international human rights obligations. At the national level, WGHR seeks to engage with relevant human rights, government, parliamentary, judicial and academic institutions. At the international level, WGHR seeks to facilitate Indian civil society’s engagement with the United Nations’ human rights instruments and mechanisms. www.wghr.org Members ActionAid India | Asian Centre for Human Rights | Citizens for Justice and Peace | Commonwealth Human Rights Initiative | FIAN India | HAQ: Centre for Child Rights | Housing and Land Rights Network | Human Rights Alert | India Alliance for Child Rights | Lawyers Collective | Multiple Action Research Group | National Campaign on Dalit Human Rights | Partners for Law in Development | People’s Watch Independent experts Ms. Vrinda Grover, Lawyer Dr. Rajkumar, Advisor to human rights organisations Prof. Babu Mathew, Visiting Professor, National Law University, Delhi Advisors Ms. Indira Jaising, Member, UN Committee on the Elimination of Discrimination against Women Mr. Anand Grover, Special Rapporteur on the right to health, UN Human Rights Council Convenor Mr. Miloon Kothari, Former Special Rapporteur on adequate housing, UN Human Rights Council T New Delhi 110 013, INDIA Ground Floor, A-1 Nizamuddin East, Lower SECRETARIAT, +91.11.24358492 Housing and Land Rights THE UN ON HUMAN RIGHTS IN INDIA AND GROUP WORKING UPDATED AND REVISED Network M +91.9899020452 WITH FIRST AND SECOND UN UNIVERSAL PERIODIC R EVIEW W SECRETARIAT, WORKING GROUP ON HUMAN RIGHTS IN INDIA AND THE UN www.wghr.org R ECOMMENDATIONS A-1 Nizamuddin East, Lower Ground Floor, New Delhi 110 013, INDIA T +91.11.24358492 M +91.9899020452 W www.wghr.org Human Rights in India STATUS REPORT 2012 UPDATED AND REVISED WITH FIRST AND SECOND UN UNIVERSAL PERIODIC R EVIEW R ECOMMENDATIONS SECRETARIAT, WORKING GROUP ON HUMAN RIGHTS IN INDIA AND THE UN A-1 Nizamuddin East, Lower Ground Floor, New Delhi 110 013, INDIA T +91.11.24358492 M +91.9899020452 W www.wghr.org i GREEN PUBLIC PROCUREMENT GREEN PUBLIC PROCUREMENT: Policy and Practice within the European Union and India Authors: Ms Barbara Morton, Mr Rajan Gandhi Reviewed by: Mr Wandert Benthem and Dr Johan Bentinck (Euroconsult Mott MacDonald) Copy Editing by: Mr Surit Das Published by Refer to the document on the project website (http://www.apsfenvironment.in/) for the hyperlinked version. Further information Euroconsult Mott MacDonald: www.euroconsult.mottmac.nl, www.mottmac.com SECRETARIAT, WORKING GROUP ON HUMAN RIGHTS IN INDIA AND THE UN IWorkingnformationA-1 Nizamuddin about Group East, the European Lower on Ground HumanUnion Floor,is available New Rights Delhi on the 110 Internet. 013, INDIA It can be accessed through the EinTuropa +91.11.24358492 India server and(www.europa.eu) the M +91.9899020452 UN and the website W www.wghr.org of the Delegation of the European Union to India (http://eeas.europa.eu/delegations/india/index_en.htm). G-18/1 Nizamuddin West, LegalLower notices: Ground Floor, EuropeanNew Delhi Union - 110 013, INDIA This publication has been produced with the assistance of the European Union. The content of thisT/ publicationF: +91-11-2435-8492 is the sole responsibility of the Technical Assistance Team and Mott MacDonald in consortium with DHI and can in no way be taken to reflect the views of the European Union or the DelegationE: [email protected] of the European Union to India. www.wghr.org Mott MacDonald This document is issued for the party which commissioned it and for specific purposes connected with the captioned project only. It should not be relied upon by any other party or used for any other purpose.Print: December 2012 We accept no responsibility for the consequences of this document being relied upon by any other party,Cover or beingphoto: used Sanjit for any Das other purpose, or containing any error or omission which is due to an error or omission in data supplied to us by other parties. Design & Print: Aspire Design Copyright notice Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. Printed in India. TThishis report report is printed is printed on CyclusPrint on CyclusPrint based on 100% based recycled on 100% fibres recycled fibres ii ii Foreword The adoption of the Universal Periodic Review (UPR) mechanism by the United Nations (UN) in 2006i created a significant opportunity and space to hold governments accountable to their national and international human rights commitments. The UPR is a unique peer review process during which the UN Human Rights Council (HRC) reviews the human rights record of all 193 UN member states, once every four and a half years.ii India’s first UPR (UPR I) took place in 2008. To ensure active participation from civil society and independent experts in the process related to India’s second Universal Periodic Review (UPR II) in May 2012, the Working Group on Human Rights in India and the UN (WGHR) initiated a series of activities. This process, which commenced in January 2010, included five regional consultations and a national consultation, and resulted in two publications: a stakeholders’ report to the HRC in November 2011,iii and a detailed report on the human rights situation in India in May 2012. This report titled, “Human Rights in India – Status Report 2012,”iv provided a general overview of the most critical human rights issues in India. It included: information gathered from the various consultations held across India from August to October 2011v; relevant case studies; WGHR’s initial response to the Government of India’s report for the second UPR; and, an analysis of the status of implementation of the 18 recommendations made to India during its first UPR.vi The report received a positive response from academicians, policy-makers, professionals, the media, different sections of the UN, governments across the world, and general readers. Encouraged by the overwhelming response, WGHR decided to publish a revised edition of the report. This new edition of the report attempts to update the human rights situation in the country since India’s second UPR in May 2012. This report has been presented in a user-friendly format and includes: several key documents that have been annexed for ready reference; a list of recommendations i Resolution adopted by the General Assembly, 60/251. Human Rights Council, 3 April 2006, A/RES/60/251, available at: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N05/502/66/PDF/N0550266.pdf?OpenElement. ii For a brief description of the importance of the UPR process, please see Annex B. iii Working Group on Human Rights in India and the UN (WGHR), Human Rights in India - An Overview, November 2011, available at: www.wghr.org. iv Working Group on Human Rights in India and the UN (WGHR), Human Rights in India – Status Report 2012, May 2012, available at: http://www.wghr.org/pdf/Human%20rights%20in%20India%20-%20Status%20report%202012_ updated%2024.9.2012.pdf. v See: Annex C. vi See: Annex D. iii from India’s first and second UPR in a tabular form, which includes the response of the Government of India; recommendations made during UPR I, which are still binding on the Government of India and therefore marked as ‘accepted’; recommendations made during UPR II that have been accepted by the Indian government (marked as accepted); and, recommendations made during UPR II that the Indian government has not accepted (marked as ‘not accepted’). Certain recommendations made during UPR II have been accepted by the Indian government in a revised form. The portions revised by the Indian government have been highlighted and the recommendations are marked as ‘accepted in revised form.’ The number indicated in this column is drawn from the official HRC documents listing the UPR I recommendationsvii accepted in 2008 and the UPR II recommendationsviii made to India in May 2012. As is clearly evident from this report, much remains to be done to improve the human rights situation in India. In almost every aspect of human rights covered in the report, the situation in India remains dismal; yet the scope for improvement is immense. India must meet the human rights accountability challenge defined by the contents of its Constitution, the international human rights instruments it has ratified, and the recommendations that have emanated from the UPR I and UPR II processes at the UN as well as from other UN treaty bodies and special procedures. To meet this enormous challenge, nothing but a radical shift in economic, social and security policies is needed – both at the central and state levels.ix This revised edition of “Human Rights in India – Status Report 2012” suggests steps that the Government of India needs to take to ensure the respect, protection and fulfillment of the human rights of people and communities across the country. The principal message from this report is that the government needs to embark on a serious process of consultation with all sectors of society in India to improve the human rights situation in the country and to close the implementation gap that grows as the human rights situation continues to deteriorate. A diligent approach to monitoring the implementation of India’s UPR recommendations would be a critical first step. WGHR hopes that this report will contribute to the process of fundamental change required for the realisation of human rights for the vast majority of the residents of India.
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