TABLE OF CONTENTS
I. Introduction 1
II. What Does the 'Human Right to Adequate Housing' Mean? 9
Ill. What is a Forced Eviction? 15
IV. In Case of a Forced Eviction: What are your Rights under Indian Law and Policy? 21
1. Constitution of India 22
2. Relevant National Laws 23
a) The Scheduled Tribes and Other Traditional Forest Dwellers 23
(Recognition of Forest Rights) Act (2006)
b) The Right to Fair Compensation and Transparency in 23
Land Acquisition, Rehabilitation and Resettlement Act (2013)
c) The Protection of Human Rights Act (1993) 27
d) The Slum Areas (Improvement and Clearance) Act (1956) 27
e) The Street Vendors (Protection of Livelihood and Regulation 28
of Street Vending) Act (2014)
3. Relevant National Policies 29
a) National Urban Housing and Habitat Policy (2007) 29
b) Draft National Slum Policy (2001) 29
c) Rajiv Awas Yojana 30
4. Court Judgements 31
a) Judgements of the Supreme Court of India 31
b) Judgements of State High Courts 33
V. In Case of a Forced Eviction: What are your Rights under International Law? 37
1 . Convention Relating to the Status of Refugees (1951) 38
2. International Convention on the Elimination of All Forms of Racial Discrimination (1965) 38
3. International Covenant on Economic, Social and Cultural Rights (1966) 38
4. International Covenant on Civil and Political Rights (1966) 39
5. Convention on the Elimination of All Forms of Discrimination against Women (1979) 39
6. Convention on the Rights of the Child (1989) 39
7. International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (1990) 40
8. Convention on the Rights of Persons with Disabilities (2007) 40
VI. In Case of a Forced Eviction: What are the International Guidelines that Should be Followed? 45
1. Before Evictions 47
2. During Evictions 48
3. After Evictions 48
VII. In Case of a Forced Eviction: What are the Remedies Available? 53
1. United Nations Basic Principles and Guidelines on 54
Development-based Evictions and Displacement
a) Fair and Just Compensation 54
b) Restitution and Return 55
c) Resettlement and Rehabilitation 56
2. United Nations Basic Principles and Guidelines on the Right to 56
a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of
International Humanitarian Law
3. Judgements of the High Court of Delhi 58
VIII. What Can You Do to Stop Forced Evictions and Seek Justice? 61
1. Conduct an 'Eviction Impact Assessment' 62
2. File a Writ Petition I Public Interest Litigation 63
3. Document the Eviction and Resulting Violations of Human Rights 63
4. Organise Public Events 64
5. Issue Urgent Actions I Organise Communication Campaigns 67
6. File a 'Right to Information' Application to Seek Information on 68
the Eviction and Resettlement Process
IX. Who are the Actors You Could Engage With? 71
1. Relevant Government Officials 72
2. National and State Human Rights Institutions 73
3. Civil Society Organizations I Housing Rights Organizations 74
4. Media 79
5. United Nations Special Rapporteur on Adequate Housing 81
6. Other United Nations Special Procedures 82
7. United Nations Treaty Bodies 84
8. United Nations Human Rights Council, Universal Periodic Review 85
Mechanism
9. International Networks and Organizations 89
X. Conclusion 91