COHRE Protest Netaji Nagar India 2009

9 June 2009

Shri Ashok Chavan Chief Minister of Maharashtra ‘Varsha’ Bhausaheb Hiray Marg Malabar Hill Mumbai 400 006 Maharashtra, India Reference: Violation of housing rights of 250 families at Netaji Nagar, Mumbai Dear Chief Minister Ashok Chavan, The Centre on Housing Rights and Evictions (COHRE) is an international human rights nongovernmental organisation based in Geneva, Switzerland, with offices throughout the world.

COHRE works to promote and protect the right to adequate housing, including preventing and remedying forced evictions.

COHRE is deeply concerned about the reported violent forced eviction of approximately 250 families in Netaji Nagar Basti, Ghatkopar, Mumbai, on 28th May 2009. The eviction was carried out by officials of the Municipal Corporation of Greater Mumbai with the assistance of police personel from the Pant Nagar police station.

According to information received by COHRE, police beat with batons, several people who were peacefully protesting against the evictions. At least 17 persons, including ten women were seriously injured. Several protestors remain in police custody including those who are in need of medical attention resulting from police violence.

COHRE has been informed that the land on which the affected families live belonged to the Public Works Department of the Government of Maharashtra and was recently sold to a private developer. We understand that affected persons were not given any information regarding the reason for their eviction nor were any offers of compensation or alternative accommodation extended to them by the Public Works Department or the private developer. Affected persons were reportedly also not given any notice prior to eviction and families did not even have sufficient time to gather their belongings before their homes were bulldozed or razed to the ground. The evicted families are now homeless and living in makeshift shelters in the rubble that used to be their homes. Without adequate protection from the elements and access to basic amenities, these families are vulnerable to additional human rights violations.

The forced eviction of families at Netaji Nagar, without prior notice and adequate rehabilitation, is in violation of the fundamental right to life and livelihood as enshrined in Article 21 of the Indian Constitution and reaffirmed in Supreme Court rulings in similar eviction circumstances.

Further, as a State Party to the International Covenant on Economic, Social and Cultural Rights, the Government of India is legally obligated to respect the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1), for everyone within India.

It is furthermore obligated to not interfere with persons who enjoy some level of housing as well as to protect everyone within India from forced evictions undertaken by third parties, including private actors such as property developers.

According to General Comments Nos. 4 and 7 of the Committee on Economic, Social and Cultural Rights, which is mandated to monitor compliance with the Covenant, forced evictions can only be justified in highly exceptional circumstances and all feasible alternatives to eviction must be explored in meaningful consultation with the person affected. Such exceptional circumstances generally only exist where evictions are necessary in the public interest, but not where land is sought by private developers. Even in those rare cases where eviction is considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia: • • •

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Genuine consultation with those affected; Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; Information on the proposed evictions, and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; Especially where groups of people are involved, government officials or their representatives to be present during an eviction; All persons carrying out the eviction to be properly identified; Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; Provision of legal remedies; and Provision, where possible, of legal aid to persons who need it to seek redress from the courts.

Under no circumstances should forced eviction render individuals homeless or vulnerable to the violation of other human rights. Indeed, the Government of India is obligated to ensure that adequate alternative housing and compensation for all losses is made available to affected persons.

In light of the above, COHRE urges the Maharashtra Government to: 1.

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Halt all evictions with immediate effect; Ensure that the families forcibly evicted from Netaji Nagar are immediately provided with adequate shelter, as well as with access to safe drinking water and sanitation; Ensure that those injured are immediately given access to appropriate medical services, including those community members who remain in detention; Release all those detained for protesting against the eviction; Provide adequate compensation to the evicted families of Nehru Nagar; Formulate a plan in full consultation with the Netaji Nagar community, prioritising in-situ upgrading over relocation. In case in-situ upgrading is not possible, devise a plan with community participation that will provide just and adequate rehabilitation; and Order an impartial and independent inquiry into events of 28th May 2009 and ensure that all persons responsible for human rights violations, including forced evictions, the destruction of property; the use of force, and/or inhumane or degrading treatment, are prosecuted.

Thank you very much for your time and consideration.

Yours sincerely,

Salih Booker Executive Director

Cc Mr. Hasan Gafoor Commissioner of Police, Mumbai Justice K R Vyas (retd) Chairperson Maharashtra State Human Rights Commission Ms. Raquel Rolnik United Nations Special Rapporteur on Adequate Housing