A/HRC/21/10
78.
With regard to the protection of lesbian, gay, bisexual or transsexual (LGBT)
persons, the delegation stated that article 15 of the Constitution clearly prohibited
discrimination on grounds of religion, race, caste, sex or place of birth. Article 16 provided
for equality of opportunity in matters of public employment. The Delhi High Court
judgment in 2009 had decriminalized consensual sex between adults of the same sex in
private. Transgender persons also had the right to be listed as “other” rather than “male” or
“female” on electoral rolls and voter identity cards.
79.
The norms of the Right to Education Act and Sarva Shiksha Abhiyaan ensured
inclusion of children with disabilities in mainstream education. It made education
accessible, ensured physical mapping, educational placement, provision of aids and
appliances, training of teachers etc. Of the 3 million children identified, 2.6 million had
been enrolled, 20,000 teachers and 24,000 voluntary supporters appointed, 751,000 schools
made barrier free.
80.
In response to an inquiry about the time frame for passing the Constitutional
Amendment Bill reserving one third seats in the Lok Sabha and the State Assemblies for
women, the delegation stated that the Rajya Sabha passed the bill in 2010 and it was
currently in the Lok Sabha. It was therefore not appropriate for it to comment on the time
frame.
81.
The adequate and comprehensive legislative provisions existed to protect human
rights defenders (HRDs). The highest court of the land could be invoked directly for
violation of human rights. NHRC also had several measures focusing on protection of
HRDs.
82.
With regard to restrictions imposed by the Foreign Contributions Regulation Act,
the delegation stated that it welcomed foreign funds for charitable purposes, subject to
regulation, to ensure that no money was diverted to terrorist financing or money laundering.
This is incumbent on India as a member of the Financial Action Task Force.
83.
Regarding the AFSPA, the delegation reiterated that the issue had already been
covered in the opening statement.
84.
India’s federal structure required a bottom-up approach for developing a national
plan reflecting a range of views. While the NHRC had been entrusted with this task, it had
to be an inclusive process bringing together different strands of policy perspectives.
Various ministries had already woven human rights issues into their own action plans.
85.
The delegation stated that India recognized the problem of child labour and was
committed to progressively eliminating it in a coordinated and sustainable manner. As a
result of the approach taken, child labour had declined by 45 per cent in the last five years.
86.
The delegation reiterated India’s commitment to strengthen implementation of
Domestic Violence Act of 2005.
87.
Securing equal rights to property acquired during marriage was a complex subject
with every religion having its own specific approach to this issue. An amendment to Hindu
Marriage Act was before Parliament.
88.
The delegation stated that a socio-economic caste census was under way and would
take into account multiple dimensions of deprivations for arriving at specific entitlements
under Government programmes and schemes.
89.
The delegation stated that more than 84 per cent of households had drinking water.
According to the Joint Monitoring Programme Report 2012 by WHO and UNICEF, India
was on track to achieving its Millennium Development Goal (MDG) target of safe drinking
water. To ensure equitable access, specific percentages of the National Rural Drinking
Water Programme allocations were earmarked for Scheduled Castes and Tribes
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