The Human Rights Committee today concluded its consideration of the fourth periodic report of India on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State's bill reserving one-third of seats in parliament for women, and raising issues concerning corruption and reported violence against religious minorities.
One Committee Expert said that the women's reservation bill, which reserved one-third of seats in parliament for women, was a positive text. The law was due to come into force in 2029. Why would it take so long to come into force? How would the State party further promote the political participation of women?
The Expert also asked about measures in place to combat corruption. Active and passive corruption reportedly remained endemic at all levels of Government and public institutions, including in the context of the 2024 election. Could the delegation comment on this?
Another Committee Expert asked how the State party would investigate violence against religious minorities. Over 300 properties belonging to Muslims had been bulldozed by the Madhya Pradesh government in 2022. How was the central Government preventing such practices?
R. Venkataramani, Learned Attorney General for India and co-head of the delegation, said in opening remarks that a Constitutional amendment in 2023 mandated the reservation of one-third of seats for women in the parliament. The next census in 2026, the delegation added, would show the proportion of men and women in the State party. Based on this, 30 per cent of seats in parliament would be reserved for women after the next election in 2029.
The delegation said the Government had a zero-tolerance policy regarding corruption. Compliance regulations needed to be met in all political funding activities, and the amount and direction of electoral bonds was publicised to ensure accountability. The Government had dispersed welfare benefits directly to the people in a transparent manner, introduced digital governance and procurement structures, and established the central vigilance committee that could inquire into allegations of corruption within the Government and public corporations.
The Constitution prohibited discrimination on religious grounds, the delegation said. The national commission for minorities promoted interfaith dialogue and tolerance. Around 6,000 petitions had been received by the commission in recent years, which were duly investigated. The Supreme Court had ordered that unauthorised construction of religious structures was not permitted. There was no discrimination against religious groups in the Government's response to unauthorised construction.
In concluding remarks, Tushar Mehta, Learned Solicitor General of India and co-head of the delegation, said India aimed to enhance fundamental freedoms and human rights. The benefits of State-run initiatives reached all people. India was committed to ensuring a life of dignity for all people; around 415 million people had been lifted out of poverty between 2005 and 2021 thanks to Government measures.
Mr. Venkataramani, in his closing remarks, said India was committed to implementing the Covenant, and to protecting and promoting human rights. Its journey to realising all human rights was ongoing. India was determined to build a society where all individuals could realise their potential.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue addressed violence against women, non-discrimination, the right to life, the death penalty, torture, freedom of expression and assembly and the rights of minority groups, among other topics. It was a significant challenge to cover all issues faced in the vast country over the 27 years since the State party had last appeared before the Committee, but Committee members had done their best in this regard.
The delegation of India was made up of representatives of the Ministry of External Affairs; Ministry of Women and Child Development; Ministry of Social Justice and Empowerment; Ministry of Electronics and Information Technology; Ministry of External Affairs; Ministry of Home Affairs; Ministry of Minority Affairs; Department of Empowerment of Persons with Disabilities; Ministry of Tribal Affairs; Department of Legal Affairs; and the Permanent Mission of India to the United Nations Office at Geneva.
The Human Rights Committee's one hundred and forty-first session is being held from 1 to 23 July 2024. All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. Meeting summary releases can be found here. The webcast of the Committee's public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Wednesday, 17 July to hear the progress reports of the Committee's Special Rapporteurs on concluding observations and on Views.
Report
The Committee has before it the fourth periodic report of India (CCPR/C/IND/4).
Presentation of the Report
ARINDAM BAGCHI, Permanent Representative of India to the United Nations Office at Geneva, said India greatly valued the opportunity to discuss the State's continued commitment to ensuring human rights, particularly civil and political rights, to its people. The fact that this dialogue was taking place after a considerable amount of time made the engagement even more special. The delegation intended to participate in the dialogue with an open mind and a keenness to listen to and understand various perspectives.
PAVAN KAPOOR, Vice Minister, Ministry of External Affairs of India, said that as an ancient civilization of immense diversity and as the world's largest democracy, India had always had abiding faith in the spirit of multilateralism, including for the effective promotion, protection and realisation of all human rights. Human rights considerations were deeply ingrained in the inclusive development efforts in India that had lifted millions out of poverty. Women's leadership and political participation, especially at the grassroots level, had played a pivotal role in this context. More than 1.3 million elected women representatives led the formulation and implementation of public policies at the grassroots level. India had a goal of becoming a developed country by 2047, the 100th year of its independence from colonial rule.
R. VENKATARAMANI, Learned Attorney General for India and co-head of the delegation, said the Constitution of India comprehended the entire fabric of human rights treaties in its fundamental rights and State obligations framework. Laws relating to liberty and equality followed the Covenant's stipulations. India's parliament, the executive institutions and the judiciary promoted the values of the Constitution. Courts invoked the United Nations human rights instruments in their discourses and there was a fine blend of domestic and international law. India shared the concerns and expectations of its civil society and was truly committed to responding to all calls towards ensuring the realisation of its constitutional and human rights goals.
India believed that inclusiveness was its social wealth. The State respectfully promoted the implementation of the Constitution and an equal status and equal regard society. India's judicial system had evolved splendidly post-independence. The Constitution guaranteed direct access to justice in the Supreme Court and the High Courts for addressing any rights violations. Several economic, education and health care advances had been made, including the social empowerment of women and other disadvantaged people. India's digital transformation was building a ubiquitous digital infrastructure to ensure ease of living.
India had undertaken one of the biggest criminal law reforms in its history by enacting three major legislations that addressed important concerns in the administration of criminal justice, including expeditious disposal of cases. The meeting was being held in the backdrop of the successful completion of the eighteenth general election, with about 642 million voters casting votes, with the highest participation by women voters on record. Another major development in this regard was the enactment of a Constitutional amendment in 2023, which mandated the reservation of one-third of seats for women in the Parliament. Thirty-two years of promoting women's participation in local governance bodies had enhanced their role in public life.
TUSHAR MEHTA, Learned Solicitor General of India and co-head of the delegation, said India was a land which cherished equality, liberty, diversity, fraternity and spirituality as a way of life. It was the birthplace of four major religions and home to people of diverse ethnicities and almost every religion known to the modern world. India represented almost one-sixth of humanity, speaking 22 official languages, and in total 121 languages across 19,500 local dialects, a kaleidoscope of customs and festivals, woven together by a common commitment to Constitutional values and ethos. Digital public goods had helped in achieving financial inclusion for 80 per cent of India's population in just six years.
India had seen terrorism in many avatars. It had established effective legal and institutional mechanisms to combat terrorism, including preventing terrorists from accessing financial resources. Counter-terrorism laws and policies, which complied with the State's human rights obligations and were subject to rigorous judicial oversight, had been evolving with time. The efficacy of such laws was evaluated regularly.
India's post-colonial journey had focused on ensuring the rapid socio-economic transformation of its people within a democratic framework. It had been a journey of ensuring political representation and social justice, including affirmative action for persons who have faced historic discrimination; gender empowerment; safeguarding of minorities; and protecting the rights of persons with special needs, such as children and people with disabilities. Inclusive development and social justice were mainstreamed across all levels of governance. India's size and diversity continued to be the State's strength, and also its challenge and opportunity.
Questions by Committee Experts
A Committee Expert said the last meeting with the Committee took place in 1997. The ethos of India was firmly rooted in its social and cultural traditions, which emphasised dignity, compassion, non-violence and social justice. The philosophy of Mahatma Gandhi promoted non-violence and civil disobedience was based on the principle of respect for human dignity. India had a remarkable religious and ethnic diversity and was the world's largest democracy, which was showcased in the general elections that took place this year.
How many complaints of human rights violations had been received by the State's human rights institutions in the last five years, and what follow-up was undertaken? What measures were in place to incorporate the Covenant into the Constitution and implement laws to ensure the effective implementation of Covenant principles? There had been several legal rulings that referred to the Covenant and international human rights norms. Was the Covenant directly applicable in all states and territories of India? What degree of compliance was there to the rulings of the High Court concerning human rights? Had there been any rulings finding that national laws were not compatible with the Covenant?
Did training for civil servants address human rights? Why had the State party not yet acceded to the First Optional Protocol to the Covenant on the communications procedure? What measures were in place to ensure that the new Criminal Procedural Code was in line with the Covenant? Had the State party adopted measures to tackle long periods of pretrial detention, which were reportedly common in India? What habeas corpus provisions were in place? Was the State party working to detect paramilitary groups that reportedly detained persons, investigate such groups and take them to court?
Another Committee Expert said India was a pioneer in development and non-alignment and had had a great period of independence. The National Human Rights Commission of India had been accredited "A" status by the Global Alliance of National Human Rights Institutions since 1999. How was the State party promoting the representation of national minorities in the Commission and collaboration between the Commission and civil society? What criteria were in place for the nomination of candidates to the Commission? Only one woman was a member of the Commission. Would the State party consider including more women in the Commission? Was the Commission authorised to investigate human rights violations committed by the armed forces?
One Committee Expert asked about measures in place to combat corruption. Active and passive corruption reportedly remained endemic at all levels of Government and public institutions, including in the context of the 2024 election, during which the Supreme Court uncovered a system of secret financing of political parties that benefited the Prime Minister's party. The Government did not respect voters' right to information and online physical attacks against human rights defenders working on the issue of corruption remained common practice.
Between four to six million requests for information were made to the Government each year, but these were rarely answered. Over sixty right to information activists had been killed since 2018. What investigations had been carried out? What was the status of implementation of the Whistleblowers Protection Act? Changes to anti-corruption legislation in 2018 had reportedly made it more difficult to investigate acts of corruption and hold officials to account. There was also no mechanism to investigate allegations of corruption in the Supreme Court and the High Court. Could the delegation comment on this?
Women and girls continued to be placed in a position of inferiority in India. Stereotypes and prejudices fed into this situation. The Committee noted women's presence at all levels of Government, and the adoption of the women's reservation bill of 2023, which reserved one-third of seats in parliament for women. The law was due to come into force in 2029. Why would it take so long to come into force? What measures were in place to promote women's access to education and employment in the formal sector? The literacy rate was far lower for women than men, and only around 24 per cent of women had jobs in the formal sector.
How was the State party ensuring that equality among spouses was upheld? What steps had been taken to address honour killings, the dowry system, violations of women's right to inherit land, accusations of witchery and acid attacks, female genital mutilation, child marriage and other harmful practices against women and girls? Spousal rape was not yet considered to be an offence in India. Women were being forced to walk naked in the streets and being subjected to sexual and gender-based violence. Indigenous girls and other members of minorities were disproportionately subjected to this form of violence. What was the State doing to prosecute perpetrators of violence against women? Was a reform of the Criminal Code planned to include a definition of spousal rape?
The Committee took note of the legislative framework regarding abortion, but many legislative and structural barriers to accessing abortions remained. There was fear of reprisals from women seeking abortions and conscientious objections from medical staff. Illegal abortions were the third-highest cause of death for pregnant women and more than 70 per cent of abortions were illegal. More than nine million women had received selective sex abortions since 2019, although the practice was illegal. How was the State party holding doctors accountable for performing selective sex abortions. There were also concerning reports of forced sterilisation of women; how was the State party combatting the practice? Sexual relations between minors were prohibited, leading minors to fear reporting sexual abuse. How was the State party helping minors to access contraception and sexual and reproductive health education?
A Committee Expert asked if the State party planned to implement a national law against discrimination that addressed all forms of discrimination covered by the Covenant. Were there any current proposals in this regard? There were reports of State-sanctioned mistreatment and derogatory rhetoric against Muslims, Christians and Sikhs. What measures were in place to prevent such discrimination against religious minorities? The Committee acknowledged the strides made by the Rights of Persons with Disabilities Act, 2016 and the Mental Health Act, 2017; however, many discriminatory laws and practices remained, including regarding a lack of access to public services and reasonable accommodation for persons with disabilities.
There was reportedly a lack of access to complaints mechanisms regarding discrimination. How would the State party develop these and ensure access to appropriate remedies for victims? There were reports of discrimination and violence against scheduled castes and scheduled tribes, including lynching, mob violence and displacement. There were also disparities between the reporting of crimes against Dalits and Adivasis and the conviction rates in these cases. What measures were in place to prevent violence against religious and ethnic minority groups? Would the State party extend "scheduled caste" status and benefits to Dalits who had converted to Islam or Christianity?
There were system challenges in implementing the Prevention of Atrocities Act, including lengthy trials. How would the State party effectively enforce this Act? The practice of manual scavenging continued, despite the State party's efforts to combat it. More than 300 persons had died while cleaning septic tanks and sewers in recent years. How would the State party put an end to this practice?
The Committee welcomed the recent repeal on the ban on same-sex relations, but there were reports of police abuse of lesbian, gay, bisexual, transgender and intersex persons. Over 75 per cent of lesbian, gay, bisexual, transgender and intersex youth had reported experiencing discrimination. How was the State party sensitising the police regarding the protection of people of diverse sexual orientation and gender identity? The Government had in 2023 proposed to set up a panel to consider granting certain protections and benefits associated with marriage to same-sex couples. Had this panel been set up? Transgender students faced bullying in schools and harassment persisted in the workplace. How would the State party ensure the implementation of the Transgender Act in these settings, and ensure that persons could change their legal gender without facing unnecessary bureaucratic hurdles?
One Committee Expert said trafficking in persons continued to be widespread, posing a serious threat to the region. Was prosecution and punishment sufficiently ensured under State legislation? Protection efforts for victims also remained inadequate. How could inter-agency cooperation be made more effective? Was sufficient training provided on preventing trafficking? Local law enforcement officers reportedly sometimes accepted bribes to ignore trafficking cases. How was the State party ensuring the accountability of police officers in the fight against trafficking? What measures were provided to protect victims in each state? How was the State party disseminating information on trafficking? Did the current legislation effectively address decentralised sex trafficking and trafficking of children? What were the obstacles to eradicating bonded labour?
India was a victim of terrorism but had not officially declared a public emergency. Thus, the State party could not take measures that derogated from Covenant rights. The Supreme Court had issued judgements that brought into question the compatibility of legislation on the use of force by the police with the Covenant. Police officers and members of the armed forces could open fire on all persons suspected of a crime. The National Security Act allowed for the detention of persons considered to be a security risk without charge or trial for up to one year.
The Jammu and Kashmir Public Safety Act allowed for detention without charge for up to two years, without family visits. Extensive power had been granted to executive bodies to investigate and seize property based on suspicions of terrorist activities. It seemed that non-derogable rights were being violated by counter-terrorism laws. How were these compatible with the Covenant? Since the enforcement of the Public Safety Act, there had not been a single prosecution of members of the armed forces, although there had been over 1,500 complaints of human rights abuses by armed forces personnel. How was the State party ensuring accountability for the armed forces? What amendments would be made to counter-terrorism laws to ensure compliance with the Covenant? There were reports of human rights violations, including extrajudicial killings and sexual violence, in Manipur. How was the State party addressing the situation in Manipur?
Responses by the Delegation
The delegation said the elimination of discrimination, particularly against scheduled castes and scheduled tribes, was a priority for the Government and it had taken various steps toward this aim. It had promoted the representation of these peoples in public institutions. The national legal services authority extended free legal aid to people who had been discriminated against. The Prevention against Discrimination Act prevented discrimination of minorities. The national commission for scheduled castes, an independent Constitutional body, prepared annual reports on this issue. Specialised courts and police stations had been set up to address discrimination against minorities, and a plan to address discrimination had been devised. In 2016, the amount of compensation provided to victims of atrocities was increased. The Supreme Court had given directions to make it easier to launch cases involving discrimination in courts.
There were some instances of adolescents experimenting with sexual practices who were negatively affected by laws, but courts emphasised rehabilitation rather than punitive action for such adolescents. Adolescents were not housed with adults in prisons when possible. Sufficient reparations and support were provided to child victims of abuse. India promoted the best interests of the child.
Legislation provided for the protection of women and children who were victims of trafficking. Food, clothing and other services were provided to victims in dedicated shelters. The new Criminal Code included enhanced punishments for trafficking in persons and a revised definition of trafficking. Around 827 anti-trafficking units had been set up across the country, and a multi-agency committee to combat trafficking had been set up in 2020.
Under new legislation on women's labour rights, all workplaces with more than 50 employees needed to have a creche facility and women were entitled to 26 weeks maternity leave. The Government promoted women's participation in non-traditional sectors, where there had been steady increases in women's employment. New legislative amendments protected women's rights to inheritance. The Dowry Prohibition Act of 1961 had been made more stringent, and many states had enacted special laws to prevent allegations of women as being "witches". Women were protected from domestic violence by the Domestic Violence Act. Victims of acid attacks were able to claim entitlements under the Protection of Persons with Disabilities Act.
Legislation from 2016 ensured that persons with disabilities could enjoy equal rights with others. The central Government had called for the reform of provincial legislation that allowed for the discrimination of persons with disabilities. The Prime Minister had launched the "Accessibility India" campaign to promote increased accessibility in all sectors of society for persons with disabilities and increased access to digital systems.
The addition of Christians and Muslims who claimed that they historically belonged to scheduled castes was currently under consideration and the relevant commission was visiting different states, holding consultations with relevant parties. Manual scavenging was an abhorrent practice that was made illegal in 2013. The Supreme Court had recently ordered a survey of all districts to monitor the practice. Several districts had reported that they were free of manual scavenging. A national scheme for mechanisation of sanitation work had been developed, as had a training and loan scheme for the rehabilitation of former manual scavengers.
The Supreme Court had in 2019 recognised transgender persons' right to self-identity. Following this, the Transgender Rights Act was implemented in 2019. The Government was supporting transgender persons to access their rights through various schemes, supporting their education, training and inclusion in policy making discussions.
India's abortion law ensured women's bodily autonomy and only introduced limitations to protect women's health. Abortions were provided by registered providers across the State. They could be obtained by women who were up to 24 weeks pregnant, and beyond if there were substantial foetal abnormalities or threats to the life of the woman. There had been an improvement in sex selective abortion rates recently, influenced by Government campaigns raising awareness of the rights of the girl child.
India had a wide range of training institutes, including 350 institutes for training police officers. There were several public institutions working to address the situation in Manipur, including committees assessing violence against women in the region. The violence in Manipur was rooted in historic divisions. The State party was committed to addressing this violence in collaboration with civil society.
India had been a victim of State-sponsored cross-border terrorism for decades. All anti-terrorism laws had built-in accountability mechanisms. There was no immunity for the armed forces. Procedural action was taken on all complaints against the armed forces. The law provided for bail for persons detained under anti-terrorism laws, which was decided on by the courts.
The National Human Rights Commission was an independent institution that was in conformity with the Paris Principles. The Government was committed to ensuring the independence of the Commission and to implementing the recommendations that it presented. The Commission had the powers of a civil court in investigating complaints. Since its inception, more than 3,500 complaints had been submitted to the Commission, 3,000 of which had been disposed of by the court. It had ordered compensation in 102 cases. Bonded labour was an abhorrent practice that had been prohibited in various laws and the National Human Rights Commission was responsible for monitoring the implementation of legislation on bonded labour. Over 300,000 persons had been released from bonded labour as of December 2021.
The Constitution protected all categories of citizens and some non-citizens. India had subject-specific legislation that addressed all Covenant provisions. There was thus no need for comprehensive anti-discrimination legislation to implement the Covenant.
The Government had a zero-tolerance policy regarding corruption. Compliance regulations needed to be met in all political funding activities, and the amount and direction of electoral bonds was publicised to ensure accountability. The Supreme Court had not found fault with this scheme. Each recognised political party had received a similar proportion of funding based on their representation in the legislature in the most recent election.
The Government conducted a national census periodically. The next census, which was a humongous task, was scheduled for 2026. Based on the results of this census, the Government would learn about the current proportion of men and women in the State party. Based on this, 30 per cent of seats in parliament would be reserved for women. Following that, the next election would be held in 2029.
Judicial corruption was handled with utmost concern. An in-house procedure was in place, wherein High Courts rigorously pursued all complaints against judges. Complaints against High Court judges were assessed by the Supreme Court. The judiciary was completely independent of the executive. Courts promoted citizens' rights and justice. The habeas corpus law promoted the fast disposal of cases.
There were no plans to sign up to the First Optional Protocol, or to revise reservations to the Covenant.
Follow-Up Questions by Committee Experts
A Committee Expert asked how the State party monitored pre-trial detention implemented under the National Security Act and the Public Security Act. The Committee noted a problem with compliance with the decisions of the Supreme Court by the executive and legislative branches. In August 2023, the Supreme Court expressed displeasure in delays in recording reports of communal violence in Manipur. In March 2024, the Supreme Court set up a committee to oversee efforts to prevent violence in Manipur, but reports of such violence continued. Why was there a lack of compliance with the Supreme Court's rulings?
Another Committee Expert said the Committee was interested in the application of legislation in practice. What had been done to prevent police abuse against lesbian, gay, bisexual, transgender and intersex persons and to sensitise officers regarding discrimination based on sexual orientation and gender identity?
One Committee Expert asked how the State combatted corruption and protected whistleblowers. The women's reservation bill was a positive text. How would the State party further promote the political participation of women? Why had it reserved 30 per cent of parliament seats for women, not 50 per cent? Under state legislation, medical staff needed to report to authorities when teenagers asked for abortions. This encouraged adolescents to turn to unsafe clandestine abortions. How was the State party promoting access to safe abortions and preventing and punishing sexual and gender-based violence against marginalised groups?
A Committee Expert asked what the delegation meant when they said that the National Human Rights Commission had "disposed" of 3,000 cases of rights violations. What sentences had perpetrators of such violations received and what reparations were provided to victims? The Government was providing most of the budget of the National Human Rights Commission. Did this give it a say in the Commission's activities?
Another Committee Expert said India had an excellent law on trafficking, but it was difficult to enforce across the large nation. Were measures being implemented consistently across the nation? Were there examples of officials who had been punished for extrajudicial killings?
Responses by the Delegation
The delegation said India had enacted legislation to deal with the menace of terrorism. This legislation ensured a balance between the liberty of citizens and the security of the State. Under the Public Security Act, all detentions made were shared with the Government and an advisory board reviewed them periodically. Arrested persons needed to be informed about the grounds of the arrest, and investigations needed to be completed within 90 days, or up to 180 days after extension. The constitutionality of the Act had been confirmed by the Supreme Court. More than 100 armed forces personnel had been punished for human rights violations, including two life sentences. Police were also held accountable for violations in court.
India had made concerted efforts to reduce maternal deaths. Trends in maternal mortality showed that India's rate of reduction since 2000 was over six per cent, more than three times higher than the global reduction of two per cent. All women and girls had the right to safe abortions following national legislation.
Terrorist violence that targeted civilians indiscriminately required a robust response. The Government needed to protect the right to life, as well as all other fundamental human rights. There were appropriate checks and balances within counter-terrorism legislation regarding the protection of these rights. The Government continued to review anti-terrorism laws and would repeal them when they were no longer needed. Several regional counter-terrorism laws had been repealed. The Government had published data so the public could clearly see what actions the State was taking under this legislation.
There were constitutional mechanisms in place to respond to situations when judicial rulings were not complied with. Non-compliance resulted in imprisonment.
Manipur had an ethnic conflict that had spanned several decades. There were a few instances of rape and other sexual offences in the region, but the problem was not widespread. The Government had put together special investigation teams headed by senior officials from outside Manipur to investigate these instances. It had also mobilised central forces to assist Manipur state police to address the situation. All cases for trial were transferred outside of Manipur. The Government was fully cooperating with the committee on the situation in Manipur, which had found interference by non-State actors in Manipur. There had been a large voter turnout in Manipur in the most recent elections.
The Government had taken several specific measures to combat corruption at all levels. It had dispersed welfare benefits directly to the people in a transparent manner, introduced digital governance and procurement structures, and established the central vigilance committee that could inquire into allegations of corruption within the Government and public corporations. The identity of complainants was kept secret. Between 2017 and 2022, over 1,600 complaints of corruption within the judiciary had been received and dealt with internally. Under the current Government, there had been a significant drop in corruption across the country.
Questions by Committee Experts
A Committee Expert said the State party had not introduced a moratorium on the death penalty. The last execution occurred in 2015. In 2018, there had been the highest number of death sentences imposed in two decades, although no death sentences were carried out. Were there any discussions regarding the abolition of the death penalty? Could it be imposed on children? Was it only imposed for the most serious crimes? There were reports that a disproportionate number of persons sentenced to death belonged to ethnic and religious minorities, including Dalits. Could the delegation provide updated data on persons on death row? What measures were in place to address this issue?
There were reportedly 319 custodial deaths between 2019 and 2022. Around 12 per cent of police officers had reportedly not received human rights training. There were reports of police officers raping women detainees. Could the State party provide data on custodial crimes, particularly rape and sexual abuse? What measures were in place to prevent the abuse of people in custody? What compensation was provided to victims? India had yet to ratify the Convention against Torture. How did current legislation comply with international standards on the prevention of torture? What was the timeline for ratifying the Convention?
Another Committee Expert said there were reported cases of police officers arbitrarily arresting citizens without declaring themselves as police officers. Could the delegation comment on this? In how many cases had citizens been compensated for illegal arrests, and what compensation had they received? How many people accused of crimes had been represented by ex officio lawyers since 2019? The Committee was concerned about schemes allowing for legal aid to be provided by persons who were not lawyers. Were there foreigners in prison who had served their sentences but were still in prison awaiting repatriation?
Fifty-nine journalists had been killed in India since 2006. What investigations had been carried out into these killings? The Committee welcomed that the new Criminal Code had abolished legislation on sedition, but it continued to apply sanctions against conduct "encouraging separatist activities". What measures were in place to prevent legislation from allowing for the arbitrary arrest of journalists and human rights defenders, including at peaceful protests? Demonstrations in Tamil Nadu in March 2018 had resulted in 13 deaths. What investigations into this incident had been carried out? Had pallet guns been used to repress protests?
Non-governmental organizations that wished to receive foreign funding needed to register with the State. In the past decade, the Government had cancelled the financial licences of over 20,000 non-governmental organizations for violating laws on finances. Were measures being taken to rectify this situation?
One Committee Expert said that overcrowding of prisons was a major problem in India. The State had one of the highest rates of pre-trial detention in the world. Over 65 per cent of detainees were in pre-trial detention. The legal system continued to be dysfunctional, with slow processing of cases exacerbating the problem. What measures were in place to address prolonged pre-trial detention and the disproportionate representation of Muslims and other minorities in prison? Around 25 per cent of persons under trial had been in prison for more than a year. What progress had been made in amending legislation on bail bonds and their application in practice? Had a monitoring mechanism been set up to identify persons under trial who could be released? What measures would the State party take to address overcrowding, considering that occupancy rates in some prisons were two or three times over capacity?
What steps had been taken to improve hygiene and sanitation conditions in prisons, increase access to health care for prisoners, support visits from family members and consular officials in prisons, and rehabilitate prisoners post-release? What services were provided to mothers with infants in prison? Could the delegation provide disaggregated data on deaths in prisons?
The Government had made a concerted effort toward the digitisation of State services and protecting the security of individuals online. These efforts had led to an increase in people who could access the internet, but State censorship practices had also increased. There were reports of undue censorship of online content, frequent suspension of mobile internet services in Jammu and Kashmir, and prosecution of persons for criticism of the Government online. Could the delegation comment on this?
There were concerns that legislation on political donations allowed for confidential donations to be made to political parties without outside scrutiny. Persons with mental health problems had reportedly been denied the right to vote. Could the delegation comment on these reports?
There were reports that extractive and other industrial activities were often undertaken without prior effective consultation, undermining the land and forest rights of scheduled tribes. Some 40,000 indigenous families had been subject to displacement as a result to the construction of the Sardar Savorar dam in Gujarat without receiving adequate reparation. Could the delegation comment on this?
A Committee Expert said the State party had reportedly used Pegasus spyware to target the cell phones of journalists, activists and officials. What measures were in place to address privacy concerns associated with the use of Pegasus? Were there procedural guarantees against abuse? There were reports of the sale of data of 800 million individuals from the Aadhaar Identification database. How would the State party enhance the security of the database? What measures were in place to comply with the 2018 ruling on the use of the database?
Facial recognition technology was being used for profiling of suspects. How did the State party ensure that there was no abuse in the use of this technology? Several court cases had recently been launched into public surveillance practices. Six raids that had been conducted by the Government in 2024 had resulted in the seizure of mobile phones and laptops from 90 journalists. How was the State party complying with legal guidelines on search and seizure?
Riots in Gujarat in 2002 had resulted in the deaths of 1,000 persons, but there had been multiple recent acquittals in cases involving killings of Muslims in these riots. How would the State party investigate violence against religious minorities? Over 300 properties belonging to Muslims had been bulldozed by the Madhya Pradesh government in 2022. How was the Central Government preventing such practices? How did the State party ensure that national security legislation was not arbitrarily applied to arrest religious minorities? Over 800 persons belonging to religious minorities had been arrested under the Jammu and Kashmir Public Security Act. There were reported lynchings of persons who slaughtered cows. How was the State party combatting "cow vigilantism"? How was it combatting hate speech against religious minorities by public officials?
Persons needed to notify the Government of their desire to convert to another religion under State law. How did this legislation comply with the right to freedom of religion? What efforts had been made to repeal or narrow these laws? How was the State protecting minorities from the vigilante implementation of these laws? There were reports of thousands of Muslims and Christians being coerced into converting to Hinduism in "homecoming ceremonies". How was the State party combatting this practice?
A Committee Expert said that the situation of refugees and asylum seekers had deteriorated recently. These persons reportedly had limited access to health services, jobs, education and housing. Undocumented migrants were reportedly placed in detention indefinitely. Authorities in Manipur had reportedly deported 38 Rohingya refugees to Myanmar, and there were plans to deport another 5,000 refugees. Did the State party plan to adopt a law that would provide procedural guarantees to asylum seekers? Would it suspend deportations of the Rohingya to Myanmar?
The 2019 amendment to the law on citizenship had been described as a serious violation of the rights of Muslims, as it prevented Muslim refugees from gaining access to citizenship. The procedure to be enrolled in the national register for Muslims was eye-watering. Citizenship legislation put Muslim refugees at risk of statelessness. Was the State party planning to repeal the 2019 amendment to the law on citizenship?
Responses by the Delegation
The delegation said police training aimed to prevent custodial violence. Guidelines had been developed calling on police to report all acts of custodial violence to the monitoring authorities within 24 hours. India had been contributing to the United Nations Voluntary Fund for Victims of Torture for a long time. Separate jails had been developed for women prisoners. Women with children were placed in specialised cells. Laws provided for bail provisions and community service sanctions to reduce the burden on prison facilities. Legal aid was provided to prisoners. Consular access was provided for all foreign prisoners.
India had a long history of respect for all religions. The Constitution prohibited discrimination on religious grounds. The national commission for minorities promoted interfaith dialogue and tolerance. Around 6,000 petitions had been received by the commission in recent years, which were duly investigated. Discrimination against minorities was not promoted by legislation. In 2017, the Supreme Court had laid down comprehensive guidelines on responding to lynchings. These directives had been incorporated in the State's criminal laws.
The Aadhaar project introduced a central biometric database that had never been breached. Very strict storage and access protocols were followed regarding this database. Comprehensive cybersecurity guidelines had been developed for both public authorities and businesses. Capacity building on cybersecurity was being conducted by a dedicated training committee. Legislation on the protection of digital personal data had been implemented by the State.
India had more than one billion mobile phone users. Almost all the 500,000 villages in the country were covered with broadband connectivity. Laws needed to evolve with the development of technology. There was a legislative framework on the blocking and interception of online content, which included sufficient safeguards for fundamental freedoms.
There had been significant improvements in health, education, the infant mortality rate, and the immunisation rate in scheduled tribes. The Government was working to address remaining gaps. A venture capital fund had been set up to support entrepreneurs from scheduled tribes. The Forest Rights Act of 2006 recognised the traditional land and forest rights of scheduled tribes. Village assemblies needed to provide free and prior informed consent for the diversion of tribal lands. The State party had distributed 19 million acres of forest land under the Act. Each person affected by development programmes was granted financial reparation and housing. There had been no complaints regarding land rights for more than a decade.
The Government protected the right of all persons with disabilities to vote. The right to vote was restricted for persons with "unsound mind". Braille features were available on electronic voting machines. This year, nine million persons with disabilities were registered to vote. In the most recent elections, 250,000 persons with disabilities voted from their homes.
Even if applications for funding registration by non-governmental organizations were cancelled, the organizations could continue their activities. Financial registrations by non-governmental organizations had increased by around 25 per cent in the past five years. There were more than 100,000 non-governmental organizations contributing actively to Indian society.
All persons were entitled to the freedom to practice the religion of their choice. Individuals were at liberty to convert to Hinduism under their own will, but conversions made under coercion were prohibited by State legislation. The Supreme Court had ordered that the unauthorised construction of religious structures was not permitted. The Government responded to unauthorised constructions on a case-by-case basis. There was no discrimination against religious groups in the Government's response.
India was not a party to the 1951 Refugee Convention. Deportations followed India's legislation on asylum. The Citizenship Amendment Act of 2019 protected the rights of persecuted minorities and defined criteria for citizenship pathways. The law aimed at fast-tracking access to citizenship for minority groups from six countries. It did not take away the citizenship of any person. Existing pathways to citizenship for persons from other countries had not changed.
The death penalty law was race, caste and religion blind. The application of the death penalty was very rare. The Government had not been called upon by the public to review the subject of the death penalty. New criminal laws addressed torture and ill treatment of persons deprived of liberty. The definition of torture in these laws was in line with international standards.
Legal aid was extended to a wide range of persons, including scheduled castes, women and children and other vulnerable groups. The under-trial review committee periodically reviewed detainees with a view to permitting early release when possible. The Supreme Court was assessing several proposed reforms to the judiciary, including reforms encouraging the digitisation of court processes.
Pellet guns were used to control unruly mobs. There were clear guidelines on the use of pellet guns that ensured that they did not cause undue harm.
The Information Technology Act called for due diligence by intermediaries to respond to abusive online content. A committee for grievances regarding the blocking of content had been set up, and complaints regarding blocked content could also be lodged in court.
There was a clear procedure regarding the appointment of the members of the National Human Rights Commission. Two positions on the Commission were open to civil society. There were no limitations on the number of women on the Commission; members were not selected based on their gender. The Government provided finances to the Commission but had no power to determine how funds were used. The Commission had called for reparations worth 50 million rupees to be paid in 102 cases.
Follow-Up Questions by Committee Experts
A Committee Expert said the Committee was deeply troubled by reports of transnational repression and executions of political opponents in countries such as Afghanistan, the United Arab Emirates, the United States and Canada. Sikhs and Kashmiri groups had particularly been targeted. What would the State party do to put an end to these violations and bring perpetrators to justice? How did the State party ensure accountability for its intelligence operators?
One Committee Expert said that electoral bonds had not been used since 2018. Did the electoral bond system achieve the required transparency? Had the State party considered controlling political parties' funding through electoral bonds? Were there criteria for deciding whether persons with disabilities were eligible to vote? Was the use of pellet guns on certain areas of the body restricted?
A Committee Expert said that a 2022 court decision had acquitted 68 people regarding violence in Gujerat in 2002. What was the progress of the appeal to this decision? Laws on inter-faith marriage were valid, but in practice, there seemed to be limitations on such marriages. Could the delegation comment on this? Could the delegation provide the report commissioned by the State on the violence in Manipur to the Committee?
Another Committee Expert said that using religious criteria to grant citizenship ran counter to the Covenant. The State party should not assume that people were not subject to persecution based on their nationality or religion. Could the delegation provide more information on deportations of Myanmar nationals?
A Committee Expert asked about planned measures to collect data on prison conditions. What was the basis of the State party's assertion that India's torture legislation was in line with international standards? When would the Convention against Torture be ratified?
One Committee Expert asked whether persons who had been detained under the national security legislation had access to legal aid. There were legal provisions in which the presumption of innocence was not applied. Why was this?
Responses by the Delegation
The delegation said "transnational oppression" was not a policy of India. The Government had investigated all acts of abuse against Indian nationals occurring overseas and was cooperating with international partners in this regard.
Electoral bonds achieved their intended purpose in 2018, however, the Supreme Court had found that they did not show the public who had made certain donations. The scheme would thus be revised to increase transparency.
The Gujerat riots took place in 2002, and offences were tried immediately and convictions issued. However, some court rulings were now being challenged in the Supreme Court. The report on violence in Manipur included sensitive information; it was currently being assessed by the Supreme Court and thus could not be published.
National security legislation did not deny the rights of detained persons. Judicial reviews of such detentions were conducted. Pellet guns were not used on vital body parts. The presumption of innocence in State legislation was in line with the Covenant.
Torture was a criminal offence in India and the State was committed to ratifying the Convention against Torture. The ratification process was underway.
Concluding Remarks
TUSHAR MEHTA, Learned Solicitor General of India and co-head of the delegation, said India aimed to enhance fundamental freedoms and human rights. The benefits of State-run initiatives reached all people. India was committed to ensuring a life of dignity for all people; around 415 million people had been lifted out of poverty between 2005 and 2021 thanks to Government measures. Mr. Mehta thanked the Committee for the fruitful dialogue.
R. VENKATARAMANI, Learned Attorney General for India and co-head of the delegation, said the dialogue was an occasion for learning and discussion in a spirit of cooperation. India was committed to implementing the Covenant, and to protecting and promoting human rights. Its journey to realising all human rights was ongoing. The State party was working to create a society free of discrimination. Discrimination was addressed daily in the courts. India was determined to build a society where all individuals could realise their potential.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation for its diligence during the dialogue. The dialogue addressed the implementation of the Committee's recommendations, gender equality, violence against women, abortion, non-discrimination, sexual orientation and gender identity, the right to life, the death penalty, torture, freedom of expression and assembly, freedom of religion, the treatment of foreigners and the rights of minority groups, among other topics. It was a significant challenge to cover all issues faced in the vast country over the 27 years since the State party had last appeared before the Committee, but Committee members had done their best in this regard. The Committee wished to promote the highest possible implementation of the Covenant in the State party. Ms. Abdo Rocholl thanked all those involved in holding the dialogue.
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