151. India committed to continue its cooperation with the UN and other International Organizations, including through sharing good experiences and practices with other countries and extending support in efforts to combat human rights violations. India also agreed to continue its cooperation with Special Procedures and accept requests for visits from Special Rapporteurs. India has pledged to help other countries with capacity building to promote the work of the Human Rights Council.
152. India agreed to further its coordination with national human rights institutions as well as well civil society organizations, and to continue involving civil society in the UPR process.
153. India believes that progress towards realizing its human rights obligations requires constant dialogue, engagement and coordination with various stakeholders, and in particular with other national authorities and human rights institutions. The NHRC serves as the nodal point for such coordination through the Statutory Full Commission comprising the chairs of all national level human rights commissions and institutions.
154. Recognizing that a vibrant civil society keeps the Government accountable for its commitments, and provides crucial feedback for drafting effective policy responses for advancing human rights, India routinely publishes proposed acts, schemes and policies for public comment and discussion, and has done the same with the draft of its National Report for UPR III. The National Policy on Children is an example of a policy drafted through such a wide-spread consultative process.
155. As a proud member of the United Nations, India remains committed to cooperating with international organizations as well as other countries individually in a spirit of reciprocity and comity, to raise the standards of human rights within the country and across the world. India has in place a standing invitation to UN Special Procedures mandate holders to visit the country at a mutually convenient time. Ten mandate holders have visited India since 2000 including the visit by Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context in 2016. Further, another two SRs visits are being scheduled for 2017–18.
Notes
1 India played an important part in the inter-governmental negotiations towards the finalisation of the 2030 Agenda that seeks to realise human rights for all and to leave no one behind.
2 Vellore Citizens’ Welfare Forum v. Union of India, AIR 1986 SC 2715.
3 India plans to install 100 GW solar energy out of a total of 175 GW of renewable energy by 2022.
4 Compensatory Afforestation Fund Management Planning Authority Portal E-Green Watch (An online web portal which seeks to collect and present information to monitor and track how well CAMPA funds are achieving their ends); School Nursery Yojana (aims to brings students closer to nature and increase forest cover by planting trees for a sustainable future); NagarvanUdyanYojana (aims to create and develop at least one city forest in each city); National Afforestry Programme; National Green India Mission (approved as a centrally sponsored scheme in 2015); National Green India Mission and MNREGA Convergence Guidelines 2015 and National Green India Mission and CAMPA Convergence Guidelines 2015 (aim to increase coordination between the rural sector and environment to increase forest cover in an integrated development approach).
5 National Water Use Efficiency Improvement Support Programme, Guidelines for Improving Use Efficiency in Irrigation Domestic and Industrial Sectors (2014), Under Pradhan
MantriKrishiSinchayeeYojana (2015) (aims to achieve convergence of investments in irrigation and expand the cultivatable area to improve water use efficiency and reduce scarcity).
6 National Action Plan for Conservation of Aquatic Eco-Systems (2013).
7 Integrated Ganga Conservation Mission – NamamiGenge (2014); Ganga Management Plan (2015);
Damn Rehabilitation and Improvement Project (2012); Guidelines for Continuation of Scheme on Repairs; Renovation and Restoration of Water Bodies (2013); Guidelines for Implementation for R &
D Programme (2013), Jal KrantiAbhiyan (aims to consolidate water conservation and management efforts in the country through grassroot level, Panchayati Raj participation, awareness drives on conservation, security and management of water, and providing Suraj Cards for information on water requirements of various crops).
8 An additional 16 states have initiated procedures for the enactment of the model bill.
9 The Delhi State Government has launched the Odd-Even vehicles scheme to ration vehicle usage and thereby reduce vehicular pollution. Delhi also now provides a real-time assessment of ambient air quality.
10 Perform, Achieve and Trade Scheme (aims to achieve enhanced energy enhancement through trading of energy saving certificates based on reduced carbon emissions); National Smart Grid Mission;
Energy Conservation Rules 2012; National Energy Efficient Agriculture Pumps Programme; National Energy Efficient Fan Programme; National Policy for Bio-Fuels (2015); Renewable Energy Global Investment Promotion Meet and Expo; Scheme for Ultra Mega Solar Parks and Solar Projects;
Mission Innovation (A global initiative which aims to reinvigorate and accelerate global clean energy innovation with the objective to make clean energy widely affordable, create green jobs).
11 National Clean Energy Fund.
12 The Registrar General, HC of Meghalaya v. State of Meghalaya; WP (C) No. 127 of 2015 (Meghalaya High Court).
13 Naga Peoples’ Movement of Human Rights v. Union of India, (1998) 2 SCC 109.
14 Extra Judicial Execution Victim Families Association (EEVFAM) v. Union of India, 2016, Supreme Court of India.
15 Section 43D, Unlawful Activities (Prevention) Act, 1967. Similar provisions are found, for example, in the Narcotic Drugs & Psychotropic Substances Act, 1985 in Sections 36A, 42 and the Maharashtra Control of Organised Crime Act, 1999 in Section 21.
16 Such as those pertaining to voluntarily causing grievous hurt, or causing grievous hurt to extract a confession, etc.
17 Arnesh Kumar v. State of Bihar AIR 2014 SC 2756.
18 PUCL v. State of Maharashtra (2014).
19 Extra Judicial Execution Victim Families Association v. Union of India, W.P. (Cr.) 129 of 2012 (Supreme Court of India, 2016).
20 Bachan Singh v. Union of India, AIR 1980 SC 898.
21 Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1, 241.
22 Law Commission of India (Report No. 245: Arrears and Backlog: Creating additional judicial (wo)
manpower) [7 July 2014].
23 Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1.
24 In Re: Inhuman Conditions in 1382 Prisons AIR 2016 SC 993.
25 As part of this collaboration, legal aid clinics have been set up and paralegal volunteers have been trained to provide legal aid. Legal awareness campaigns are also planned as part of this project across the country.
26 This scheme aims to provide meaningful, effective, and age-appropriate legal assistance to children in need of care and protection as well as children in conflict with the law, and to strengthen institutional care, counselling and support services to them.
27 In Re: Inhuman Conditions in 1382 Prisons AIR 2016 SC 993.
28 Sections 124A, 153A, 153B, 295A, 505, Indian Penal Code 1860; Section 144, Criminal Procedure Code, 1973; Section 5, Official Secrets Act, 1923; Sections 67, 67A, 67B, Information Technology Act, 2000.
29 Subramniam Swamy v. Union of India, W.P. (Criminal) No. 184 of 2014, which upheld criminalization of defamation.
30 Shreya Singhal v. Union of India (2013) 12 SCC 73.
31 Shreya Singhal v. Union of India (2013) 12 SCC 73.
32 §§ 370 an 370A, Indian Penal Code 2013. These amendments expand the definition of trafficking and related exploitation, in line with India’s obligations under the Palermo Protocol.
33 Specifically, the Training of Trainers (ToTs) programme for law enforcement agencies and Judicial Colloquims for judges and magistrates.
34 Bachpan Bachao Andolan v. Union of India (2014) 16 SCC 616.
35 Amongst others, National Legal Services Authority’s NALSA (Victims of Trafficking and
Commercial Sexual Exploitation) Scheme 2015 is meant to provide legal services to address concerns of victims of trafficking; Swadhar Greh Scheme seeks to provide temporary accommodation to women in difficult circumstances. Through the Ujjwala Scheme, a comprehensive scheme for prevention of trafficking and rescue, rehabilitation and re-integration of victims of trafficking and commercial exploitation, the Government has created capacity to rehabilitate above 8000 women and children. This is in addition to the capacity created by State/Provincial Governments. Annually about 10,000 women availed the facility during the last 2 years.
36 The following schemes are listed under the Act:
1. Indira Gandhi National Old Age Pension Scheme 2. National Family Benefit Scheme
3. Janani Suraksha Yojana
4. Handloom Weavers’ Comprehensive Welfare Scheme 5. Handicraft Artisans’ Comprehensive Welfare Scheme
6. National Scheme for Welfare of Fishermen and Training and Extension 7. Janshree Bima Yojana and Aam Admi Bima Yojana
8. Rashtriya Swasthya Bima Yojana
37 Started in 1995, the NSAP comprises five schemes, namely –
1. The Indira Gandhi National Old Age Pension Scheme (IGNAOPS), wherein assistance is provided to persons aged 60 years or above and belonging to a Below Poverty Line (BPL) family;
2. The National Family Benefit Scheme, wherein upon the death of the primary breadwinner aged 18-59 years, the BPL household is entitled to compensation amount;
3. Indira Gandhi National Widow Pension Scheme (IGNWPS), wherein BPL widows aged 40-79 years receive pension benefits;
4. Indira Gandhi National Disability Pension Scheme (IGNDPS), wherein BPL persons with severe or multiple disabilities and aged 18-79 years receive pension benefits.
5. Annapurna Scheme, wherein the old-aged beneficiary is entitled to 10 kg free food grains per month.
38 Contributors to this scheme will be eligible for pension on a monthly basis after a certain period of contributions.
39 Over 37.1 million smart cards had been issued under this scheme as of 30th April 2014. The programme targets covering 70 million households by 2017.
40 The Scheme covered 45.4 million beneficiaries by the start of 2014–15.
41 Dealing respectively with Wages, Industrial Relations, Social Security and Welfare, and Safety and
Working Conditions.
42 National Council for Cooperative Training and the National Centre for Cooperative Education. The Council conducts training programmes as per the needs of cooperative sector. Through such training, participants are equipped with the necessary knowledge, skills and aptitude required to manage the cooperative enterprises. 26934 persons have been the beneficiaries of these training programmes in the year 2016–17 (up to September 2016).
43 So far over 20 million youth have been trained under this programme.
44 Deen Dayal Antyodaya Yojana i.e. National Rural Livelihood Mission (NRLM) (covering 864,768 beneficiaries under the 12th 5 Year Plan (up to September, 2016); The Prime Minister’s Employment Generation Programme (PMEGP); National Skill Development Fund (NSDF); Sampoorna Gramin Rozgar Yojna (set up with the objective of providing additional wage employment in all rural areas and thereby provide food security and improving nutritional levels. A secondary objective is to create a durable community, social and economic assets and infrastructural developments in rural
areas. Between 2012 and 2016, Rs. 1,693.5 billion was spent on this scheme and benefited around 350 million persons).
45 Many such schemes affirmatively target excluded communities for financial inclusion, promotion of entrepreneurship, and for facilitating other avenues of income generations.
46 S. 66, S. 22, S. 47 of the Factories (Amendment) Bill, 2014.
47 Women Cooperative Education Field Projects. Under this, the National Cooperative Union of India has catalyzed the formation of 270 SHGs with 2501 members. Further, 10098 women availed benefits through several income generating activities. In 2016-17 (up to September, 2016) 3831 events were conducted for 44941 participants under this programme).
48 The mission has covered 32.4 million rural poor households and mobilized around 2.64 million Self Help Groups, since its inception. That India has the largest women self-help group network, and that 80% of micro-credit loans are utilized by women, reflects the success of these schemes.
49 Support to Training and Employment Programme for Women (STEP) Scheme; National Mission For Empowerment of Women. At its 52nd meeting in 2014, the Governing Body of Rashtriya Mahila Kosh set a target of assisting ten lakh women over the next three years.
50 Rajiv Gandhi National Creche Scheme for Children of Working Mothers. There are 23,923 creches as of January, 2015.
51 Draft National Policy for Women, 2016.
52 Further, the National Skill Development Corporation has set up the Domestic Workers Sector Skill Council in early 2016 to ensure better employment prospects for domestic workers through skills development.
53 Direct Benefit Transfer; Mahatma Gandhi National Rural Employment Act, 2005 (MNREGA) (In the financial year 2015-16, the Government had made a budgetary provision of Rs 346.99 billion for MGNREGA and in the financial year 2016-17, Rs 385 billion has been allocated for the same. Up to 18th February, 2015, 38 million households have been provided employment. The share of SCs, STs and Women is 22.6 per cent, 16.8 per cent and 55.1 percent respectively. The share of women in total person-days generated is well above the stipulation of 1/3 as per the Act. Now, at least 60 per cent of the work in terms of the cost in the district will be taken up for the activities related to development of land, water and trees). India has set aside funds amounting to Rs. 2.05 billion for Self Help Groups under the National Rural Livelihoods Mission, which was utilized to enter 32,573 villages, in 2013-14. See also, Deen Dayal Upadhyaya Grameen Kaushalya Yojana – Skill Development for Inclusive Growth.
54 In 2012, India launched the ICDS Systems Strengthening and Nutrition Improvement Project (ISSNIP) with the assistance of the World Bank to improve the implementation of ICDS. The Kishori Shakti Yojana years has also been started under ICDS to improve the nutritional status of adolescent girls between the age of 11–18.
55 For this purpose, the Government has organized awareness campaigns, advertisements and mass cleanliness drives in both rural and urban areas.
56 As on 30 September, 2016 a total of 90,006 villages and 27 districts of the country have been declared ODF.
57 241.51 lakh Individual household latrines (IHHLs) have been constructed from 2.10.2014 to 30.9.2016 under SBM(G). In addition, 15.30 lakh IHHLs have been constructed under MGNREGS since 2.10.2014. 90,006 villages have been declared Open Defecation Free (ODF) as on 30.9.2016.
Also 27 districts have been declared ODF.
58 226,000 toilets for boys and 191, 000 toilets for girls have been constructed from 15.8.2014 to 15.8.2015 under the Swachh Vidyalaya Campaign.
59 This law prohibits the employment of persons as manual scavengers, the manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines.
60 The Smart City Mission was launched on 25 June 2015. Since the launch of the Mission and till September, 2016, total Rs. 47.01 billion has been allocated by Government of India under Smart Cities Mission. So far, 60 cities (20 cities in Round 1 in January, 2016, 13 cities in fast track round in May, 2016 and 27 cities in Round 2 in September, 2016) have been selected for development as Smart Cities under the Mission. Since the launch of the Mission and till date, Rs. 45.72 billion has been released to States/UTs under Smart Cities Mission.
61 Pradhan Mantri Gramin Aawas Yojana, 2016. The Government proposes to improve the standards of living conditions by providing pucca houses to all rural poor by 2022 and the Ministry of Rural Development has launched schemes to provide assistance to landless poor, and is offering grants to construct houses in hilly areas and plain areas, wherein 15.92 lakh houses out of the targeted 24.81lakh houses were constructed in the year 2013-14. As of date, Rs. 150 billion has been allocated under this scheme, benefiting over 13.35 million beneficiaries between 2012 and 2016; Rajiv Gandhi Grameen Vidyutikaran Yojana. The Rajiv Rinn Yojana scheme; Rajiv Awas Yojana Scheme.
62 15% of financial and physical targets under National Urban Livelihoods Mission are earmarked to benefit people below the poverty line from minority communities. Under the Basic Services to the Urban Poor (BSUP)/Integrated Housing & Slum Development Programme (IHSDP) components of JNNURM, 15% of the Central allocation is to be earmarked for the Minority communities.
States/UTs were requested to give priority to the cities/slums predominantly inhabited by minority communities (i.e. where the minority population is 25% or more).
63 E. R. Kumar & Others Vs Union of India & Others, WRIT PETITION (CIVIL) No. 572 of 2003 dated 11/11/2016 (Supreme Court of India).
64 The decision making power in relation to land acquisition affecting areas covered under the Act vests with the local self-government bodies.
65 National Road Map for Kala-Azar Elimination, August 2014.
66 The National Mental Health Programme consists of various district level and tertiary/central level activities in the country. Support has been provided to establish 18 centres of excellence in the field of Mental Health and to strengthen/establish 39 post graduate training departments in mental health specialities. Additionally, the National Mental Health Programme supports activities in 339 districts.
67 To further its commitment to improving maternal and child health, the Government has increased allocation under the scheme from Rs. 16.06 billion in 2011–12 to Rs. 17.62 billion in 2013–14.
68 See also, Universal Immunization Programme, Janani Suraksha Yojana, Janani Shishu Suraksha Karyakaram Essential and Emergency Obstetric Care, Navjat Shishu Suraksha Karyakaram, Special Newborn Care Units, Newborn Stabilisation Units, Newborn Care Corners, Home Based Newborn Care, Kangaroo Mother Care, establishment of Nutritional Rehabilitation Centres.
The Rashtriya Bal Swasthya Karyakaram (RBSK) was launched in 2013 to provide strategic interventions and identification of deficiencies, diseases and development delays in children. In furtherance of the Global Every Newborn Action Plan (ENAP), the India Newborn Action Plan has been launched to take forward the Global Strategy for Women’s and Children’s Health. Mission Indradhanush, launched in 2015, seeks to immunize children against seven life-threatening but vaccine preventable diseases.
69 Targeted Interventions (TI) have been made by NACO through schemes which involve providing care and counselling through support group meetings where discussions on issues like sexual identity, dealing with harassment and substance abuse, amongst others. A Link Worker Scheme has been introduced in rural areas around a community-centred model which will help build the area’s capacity of HIV/AIDS prevention through building awareness, creating a demand for access to health services and reaching out to High Risk Groups.
70 Central assistance is also being provided to support the Free Drugs and Diagnostics Service Initiative, 2015 and to strengthen ambulatory services, human resources, community participation, primary health care services, family welfare centres, redevelopment of hospitals and dispensaries.
71 Pre-Matric Scholarship for SC students studying in classes IX and X.
72 http://mhrd.gov.in/sites/upload_files/mhrd/files/upload_document/NOS-sudents-disabilities.pdf
73 For access to resources that facilitate a quality education, the National E-library has been set up with more than 1.5 million titles.
74 See also, National Fellowship for OBCs; New scheme of Interest Subsidy on educational loan for Overseas studies for OBC students; Dr. Ambedkar Pre-Matric and Post-Matric Scholarship Scheme for the DNT students; Nanaji Deshmukh Scheme of Construction of Hostels for DNT Boys and Girls;
Dr. Ambedkar’s Post-Matric Scholarship Scheme has been launched for Economically Backward Classes for OBCs.
75 Initiatives like E-Paathshala and SWAYAM (Study Webs of Active Learning for Young Aspiring Minds) facilitate this goal.
76 The Law Commission of India recently submitted a report on “Early Childhood Development and Legal Entitlements” which is under consideration by the Government.
77 To enable greater participation by women in the highest decision making bodies, the Women’s Reservation Bill, which aims to introduce 33% reservations in Parliament, was introduced and is currently pending in Parliament.
78 See §§ 326A, 326B, 354A, 354B and so on, Criminal Law (Amendment) Act, 2013.
79 National Human Rights Commission, Scheme for Relief and Rehabilitation of Victims of Rape, 2005 and Scheme for Relief & Rehabilitation of Offences (by Acids) on Women and Children 2009.
80 Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
81 Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013.
82 § 354A, Indian Penal Code 2013.
83 Amongst others, the Integrated Computer Aided Dispatch (CAD) is a platform which supports a Geographical Information System (GIS) Based Call Taking which will receive a distress call and dispatch a Global Positioning System (GPS) fitted Police vehicle to the spot of violence. Further, 150 units of Investigating Units on Crime Against Women (IUCAW) have been set up in different States/Union Territories to create a dedicated investigative capacity to fast track investigation.
84 The Ministry of Women and Child Development formulated the scheme of Setting up One Stop Centre (OSC) to support women affected by violence which is being implemented since 1st April 2015. Under the scheme, it has been envisaged that One Stop Centres would be set up across the country in phased manner. In the first phase, funds were released to 33 States/UTs. Further, 150 additional centres are taken up in second phase during 2016-17 which have been approved for 20 States/UTs. So far 20 centres have become operational.
85 The objective of the Policy is to enable greater protection, participation and education of children in
85 The objective of the Policy is to enable greater protection, participation and education of children in