WUNRN
WUNRN release includes excerpts
regarding Women & Girls of India.
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International Covenant on Economic, Social and Cultural Rights
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UNITED |
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E |
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Economic and Social |
Distr. GENERAL E/C.12/IND/CO/5 … May 2008 Original: ENGLISH |
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Fortieth session
28 April - 16 May 2008
CONSIDERATION
OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLES 16 AND 17 OF THE COVENANT
INDIA
Concluding Observations
of the Committee on Economic,
Social and Cultural Rights
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The
Committee on Economic, Social and Cultural Rights considered the second to the
fifth periodic report of India on the implementation of the International
Covenant on Economic, Social and Cultural Rights (E/C.12/IND/5) at its 14th,
15th and 16th meetings (E/C.12/2008/SR.14‑16), held
on 7 and 8 May 2008, and adopted, at its 25th meeting, held on 16 May 2008, the following
concluding observations.
Excerpts regarding Women & Girls of India:
C. Factors and difficulties impeding the
implementation of the Covenant
D. Principal subjects of concern
13. The Committee is
deeply concerned that in spite of the Constitutional guarantee of
non-discrimination as well as the criminal law provisions punishing acts of
discrimination, widespread and often socially accepted discrimination,
harassment and/or violence persist against members of certain disadvantaged and
marginalized groups, including women, scheduled castes and scheduled tribes,
indigenous peoples, the urban poor, informal sector workers, internally
displaced persons, religious minorities such as the Muslim population, persons
with disabilities and persons living with HIV/AIDS....
16. The Committee is deeply
concerned that, in spite of the commendable efforts by the State party in
promoting equality of men and women, such as the adoption of the National Policy on the Empowerment of Women
(2001) and the adoption of the amendments to the Hindu Succession Act and the
Indian Divorce Act in 2005 and 2001 respectively, widespread gender
inequalities, cultural stereotypes and personal laws of minority groups continue to prevail,
affecting negatively the equal enjoyment of economic, social and cultural
rights by women. The Committee notes with concern in particular that all the statistical data
available before the Committee indicate the disadvantages disproportionately suffered
by women in their enjoyment of economic, social and cultural rights, in
particular, those belonging to disadvantaged and marginalised groups.
17. The Committee is concerned about the weak
enforcement of the Pre-conception and Prenatal Diagnostic Technique
(Prohibition of Sex Selection) Act, as amended in 2003, which has resulted in
the high rate of abortion of the girl foetus and a skewed sex ratio which
continues to worsen.
18. The Committee notes with concern the
disproportionate representation of women in the informal labour market and the
significant gender disparities in wages. The Committee also notes with concern
the low representation of women in decision-making.
25. The Committee is deeply concerned about the lack
of progress achieved by the State party in eliminating traditional practices
and provisions of personal status laws that are harmful and discriminatory to
women and girls, including sati, devadasi, witch-hunting, child
marriages, dowry deaths and honour killings, in spite of the legal prohibitions
such as the 2005 Domestic Violence Act, the 1961 Dowry Prohibition Act, the
1982 Prohibition of Dedication Act, the 1939 Child Marriage Restraint Act and
the 2006 Prohibition of Child Marriage Act.
26. The Committee is concerned about the
exceptionally high incidence of domestic violence against women and children in
the State party, as well as the high proportion of children who are subjected
to sexual abuse at home, in spite of the enactment of the Protection of Women
from Domestic Violence Act of 2005. In this regard, the Committee deeply
regrets the lax enforcement of the existing legislation for the protection of
victims of domestic violence and the low rate of prosecution for such crimes
under Section 498-A of the Indian Penal Code.
33. The Committee is concerned that, despite
the economic growth achieved by the State party, health‑care
expenditures remain exceptionally low at around 1% of GDP, and that a significant proportion of the population
continues to have limited or no access to basic health
services, resulting in alarmingly high rates of maternal and infant mortality, as
well as high incidences of tuberculosis and other communicable diseases. The
Committee is also concerned by the rising HIV/AIDS infections, and the lack of
reliable information available regarding persons affected by mental health
illnesses.
40. The Committee is concerned
that, despite the efforts made by the State party to achieve universal primary
education, including the adoption of the Constitution (86th
Amendment) Act in 2002 which makes the right to primary education a fundamental
right, and the “Sarva
Shikasha Abhiyan” (Education for All) programme, aimed at achieving 100%
primary enrolment, the wide disparity in enrolment
and drop out rates in primary schools continue to persist, negatively
affecting, in particular, girls, Muslim children and children belonging to
scheduled castes and scheduled tribes.
42. The Committee is concerned
that adult illiteracy rates continue to remain high, especially among
disadvantaged and marginalized groups, women and among those living in poverty.
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