NHRC report for Universal Periodic Review deplores bonded labour, manual scavenging

The National Human Rights Commission (NHRC) report for the second Universal Periodic Review has come down hard on the deep-rooted practice of bonded labour and manual scavenging despite laws that ban it.

"The practice of bonded labour continues despite laws that ban it, and is taking new forms. The NHRC has received reports of bonded labour being used to execute defence projects in difficult areas," the report stated.

On manual scavenging, it said the "degrading practice festers on", adding that the Indian Railways was the largest users of manual scavengers.

The Universal Periodic Review was established by the United Nations in 2006 as a process through which the human rights records of its member states is reviewed and assessed. Each state is individually reviewed once every four years.

In its report, the NHRC remarked on the vulnerability of scheduled castes and scheduled tribes "because of the indifference of public servants", and the inordinate delays in the provision of justice. The report informed that some 56,383 cases were pending in the Supreme Court at the end of October 2011, and 4.2 million cases were pending in High Courts as of 2010.

Led by former Chief Justice of India KG Balakrishnan, the Commission while giving an assessment of India's human rights record said it was concerned by the government's implementation of laws, the weakness of new Bills and the law's delay. On that line, it mentioned the Armed Forces (Special Powers) Act in Jammu and Kashmir and some northeastern states that conferred an impunity leading to violation of human rights.

To prepare for this report, the NHRC has held five regional consultations and a national consultation with NGOs, academics, officials, State Human Rights Commissions (SHRCs) and with civil society, from which the more serious complaints were received.

The ultimate aim of this Universal Periodic Review is to address human rights violations and improve the human rights situation in all countries. The reviews are conducted by the UPR Working Group, which consists of the 47 members of the Council.

"35% of the complaints to the NHRC annually are against the police. In 2006 the Supreme Court issued seven binding directives to start reform, but little has been done, though the need is urgent. 9% of the complaints to the NHRC in 2010-11 were on inaction by officials or their abuse of power, confirming that laws are often not implemented or ignored," NHRC said in its report.

The report further questioned the government's ambitious "flagship programmes" which it said remained "precarious".

"A massive public distribution system has not assured the right to food because malnutrition is endemic. The National Advisory Council has recommended that legal entitlements to subsidized foodgrains be extended to at least 75% of the population. This is not acceptable to the government, which sets arbitrary ceilings on the numbers who can be declared as being below the poverty line," the report says.

"The official estimate that 27.5% of the population was below the poverty line in 2004-05 grossly understates the incidence of poverty. The expert committee set up by the Planning Commission put the figure at 37.2%. Other committees set up by Ministries peg it even higher."

Other concerns enumerated include: "the 90% of the workforce is in the unorganized sector and has no access to social security; the National Rural Employment Guarantee Scheme guaranteed 100 days of work a year. Government data showed that 56 million households applied, 55 million were given work but on average received half the wages guaranteed; public spending on health continues to be abysmally low, at about 1% of GDP, despite government's commitment to raise it to 2-3%; and the quality of education, particularly in the villages, is dismal".

The NHRC, which monitors human rights in 28 representative districts across India, said it found in its field visits that none of the flagship programmes of the government functioned well.