A/HRC/45/10/Add.2
toilets quickly and, on the other, stop practicing open defecation. For instance, when
individuals are identified as practitioners of open defecation, they could have their ration card
revoked, affecting their exercise of the right to food (A/HRC/39/55/Add.1, para. 16).
34.
After the visit, the Government’s efforts to reconcile the endeavour to achieve opendefecation free status and the obligation to uphold the privacy and dignity of individuals
continue to face challenges. In one study, confidential interviews held between September
and December 2018 with local officials responsible for implementing the Clean India
Mission found that they are pressured by district officials to reach toilet-building and open
defecation-eradicating targets rapidly, at risk of losing employment. 13 The local officials are
encouraged to film individuals practicing open defecation, infringing on their right to privacy
and dignity, and to withhold pensions or food subsidies until such behavior is stopped.
International media reported a case in 2019 in which two Dalit children (referred to as
“scheduled castes”) in the State of Madhya Pradesh were allegedly killed after they had been
found defecating in the open.14
35.
No information has been gathered on active steps taken by the Government to monitor
those practices. At the time of the visit, a grievance process was provided through a grievance
portal on the Ministry of Drinking Water and Sanitation (now Ministry of Jal Shakti)
website. 15 The latest report by the Department of Administrative Reforms and Public
Grievances of the grievances dates back to 2017 and does not include complaints regarding
abusive practices under the Clean India Mission.16 Such a portal facilitates the recording and
addressing of technical grievances, however, it may not represent a realistic record of abuse
or coercion due to fear of reprisal or lack of belief that such complaints would be addressed.
RECOMMENDATION 8 - PROGRESS NOT STARTED: While the Special
Rapporteur reiterates his praise of the Government’s continued efforts to eliminate open
defecation, he emphasizes that occurrence of abusive and coercive practices in the context
of these efforts continues to demonstrate the urgent need for the Government to properly
address this issue.
RECOMMENDATION 9 - PROGRESS NOT STARTED: The Special Rapporteur is
disappointed to learn that no steps have been reported to monitor and increase
transparency in reporting abuses practices in the context of efforts to achieve opendefecation-free status. He reiterates the need for official guidelines and sanctions with
regards to such practices and urges the Government to take concrete steps to prevent such
practices in the context of the national programmes, strengthening monitoring and
surveillance.
D.
Recommendations on monitoring those without access to sanitation
facilities
RECOMMENDATION 10:“ Ensure balance in efforts and measures to monitor the
construction of toilets with respect to monitoring those who do not have access to sanitation
facilities;” (A/HRC/39/55/Add.1, para. 71(j))
36.
While efforts by the Government to build toilets and eradicate open defecation are
laudable, the Special Rapporteur learned during the visit that not all areas certified as open
defecation free were often not de facto open defecation free (A/HRC/39/55/Add.1, para. 22).
13
14
15
16
Gupta, A, N Khalid, P Hathi, N Srivastav, S Vyas and D Coffey, ‘Coercion, Construction, and ‘ODF
paper pe’: Swacch Bharat, according to local government officials’, The India Forum (2019).
CNN, “Two Indian children allegedly beaten to death for ‘defecating on a public street”, (26
September 2019); BBC, “India: two held for killing children for ‘defecating in the open’ (26
September 2019).
https://ejalshakti.gov.in/ISC/frmGrievanceEntry.aspx.
Grievance Analysis and Systemic Reforms Recommendations, Ministry of Drinking Water and
Sanitation (2017), 3.
9
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