India's concludes 4th periodic review by the Human Rights Committee under ICCPR

New Delhi, July 17: India has successfully concluded its 4th periodic review by the Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR) in Geneva.

The Indian delegation was co-led by the Attorney General for India, R. Venkataramani, and the Solicitor General of India, Shri Tushar Mehta. The delegation also included Secretary (West) Pavan Kapoor and senior officials from various ministries, Women and Child Development, Social Justice and Empowerment, Electronics and Information Technology, Minority Affairs, External Affairs, Tribal Affairs, Home Affairs, and the Offices of the Attorney General and Solicitor General.

The Human Rights Committee, composed of 18 independent experts, monitors the implementation of ICCPR and reviews reports from all State Parties. During the review, the Indian delegation engaged in a constructive dialogue on a wide range of issues related to civil and political rights, showcasing India's commitment, actions, and achievements in these areas.

The rights and freedoms provided in ICCPR are guaranteed under the Constitution of India as well as our legislative and judicial framework. India became a State Party to ICCPR in 1979. India has undergone three ICCPR reviews in the past, the last being in 1997.

Dialogue and Discussions

The review, held on July 15-16, 2024, covered various topics including anti-corruption measures, non-discrimination, the status of women and minorities, counter-terrorism and national security measures, judicial framework, privacy and data protection laws, and new criminal laws. India also highlighted its successes in protecting the rights of vulnerable groups and its contributions to the global human rights framework.

Members of the Human Rights Committee appreciated India's traditions and ethos rooted in principles such as pluralism, non-violence, and diversity. They noted India's status as a vibrant parliamentary democracy that recently concluded the largest democratic exercise in history.

Key Points Raised by Committee Experts

Committee Experts commended India's women's reservation bill, which reserves one-third of seats in parliament for women, but questioned why it would take until 2029 to come into force and how India plans to further promote women's political participation. They also raised concerns about corruption, with one expert stating that "active and passive corruption reportedly remained endemic at all levels of government and public institutions."

Another expert questioned measures to investigate violence against religious minorities, citing an incident where over 300 properties belonging to Muslims were bulldozed by the Madhya Pradesh government in 2022.

Responses from the Indian Delegation

In response, Attorney General R. Venkataramani explained that a Constitutional amendment in 2023 mandated the reservation of one-third of seats for women in parliament. The next census in 2026 would determine the proportion of seats reserved for women after the 2029 elections.

Regarding corruption, the delegation emphasized the government's zero-tolerance policy. It highlighted measures such as compliance regulations in political funding, transparency in electoral bonds, direct welfare benefit dispersal, digital governance, and the establishment of a central vigilance committee.

On the issue of violence against religious minorities, the delegation stated that the Constitution prohibits discrimination on religious grounds and that the National Commission for minorities promotes interfaith dialogue and tolerance. The Supreme Court has ruled against unauthorised construction of religious structures, ensuring no discrimination in government responses.

Concluding Remarks

In their concluding remarks, Solicitor General Tushar Mehta reaffirmed India's commitment to enhancing fundamental freedoms and human rights. He noted that "around 415 million people had been lifted out of poverty between 2005 and 2021 thanks to government measures."

Attorney General R. Venkataramani emphasized that India is dedicated to implementing the Covenant and protecting and promoting human rights. "India is determined to build a society where all individuals can realize their potential," he said.

The Indian delegation, including representatives from various ministries and the Permanent Mission of India to the United Nations Office in Geneva, expressed their commitment to human rights and civil and political rights.

The successful review demonstrated India's willingness to engage with the international human rights framework and address concerns while continuing efforts towards protecting and promoting human rights for all its citizens.

Committee Chairperson Tania María Abdo Rocholl thanked the Indian delegation for their diligence and stated that the dialogue covered a wide range of topics including gender equality, non-discrimination, the right to life, freedom of expression and assembly, and the rights of minority groups.

She acknowledged the challenge of addressing all issues faced by such a vast country but commended the Committee members for their efforts.

Summary of Committee Experts' Concerns and Questions During India's 4th Periodic Review by the Human Rights Committee under the ICCPR

India’s Historical Role and National Human Rights Commission (NHRC). A Committee Expert acknowledged India's pioneering role in development and non-alignment since its independence. The National Human Rights Commission of India has maintained an "A" status accreditation by the Global Alliance of National Human Rights Institutions since 1999.

The expert inquired about efforts to enhance representation of national minorities within the NHRC and foster collaboration with civil society, the criteria for nominating Commission candidates, and the possibility of increasing female representation in the Commission. Additionally, they asked if the NHRC had the authority to investigate human rights violations by the armed forces.

Corruption Concerns An expert expressed concern over endemic corruption at all government levels, exacerbated by issues during the 2024 election, including secret political party financing. The expert noted the lack of government transparency, prevalent online and physical attacks on anti-corruption human rights defenders, and the high number of right to information requests that go unanswered. They highlighted the killings of over sixty right to information activists since 2018, questioning the investigations into these incidents and the status of the Whistleblowers Protection Act. Changes to anti-corruption laws in 2018 had reportedly made it harder to hold officials accountable, with no mechanisms to investigate corruption in higher courts.

Women's Rights and Gender Equality Experts addressed the ongoing issues of gender inequality, including stereotypes and prejudices, and the low literacy and employment rates among women. They questioned the long delay in implementing the 2023 women's reservation bill and the measures to promote women’s access to education and employment. They raised concerns about spousal rape, honour killings, dowry practices, female genital mutilation, child marriage, acid attacks, and other harmful practices against women and girls. They also noted the high rates of illegal abortions and forced sterilization, seeking information on government actions to combat these issues and ensure access to safe abortions and sexual and reproductive health education.

Discrimination and Violence Against Minorities Questions were raised about the absence of comprehensive anti-discrimination laws and measures to address state-sanctioned mistreatment of religious minorities, discrimination against persons with disabilities, and violence against scheduled castes and tribes. Experts highlighted the practice of manual scavenging and the high number of deaths associated with it. They asked about steps to extend "scheduled caste" status to Dalit converts to Islam or Christianity and the effective enforcement of the Prevention of Atrocities Act.

LGBTQ Rights Experts welcomed the decriminalization of same-sex relations but pointed out ongoing discrimination and police abuse against LGBTQ individuals. They inquired about measures to implement the Transgender Rights Act and ensure the protection of LGBTQ youth in schools and workplaces. Questions were also raised about the establishment of a panel to consider legal protections for same-sex couples.

Human Trafficking and Bonded Labour The prevalence of human trafficking and bonded labour was another major concern, with experts questioning the adequacy of legal and protective measures for victims, inter-agency cooperation, and accountability of law enforcement officers involved in trafficking. They sought information on steps to eradicate bonded labour and the effectiveness of current legislation in addressing trafficking, especially of children.

Anti-Terrorism Laws and Human Rights Violations Concerns were expressed about India’s anti-terrorism laws and their compatibility with the Covenant, given reports of extrajudicial killings and sexual violence by armed forces in regions like Manipur. Experts asked about mechanisms to ensure accountability for human rights violations by the armed forces and amendments to counter-terrorism laws to align with the Covenant.

Indian Delegation's Response During the 4th Periodic Review by the Human Rights Committee under the ICCPR

The Indian delegation emphasized ongoing efforts to combat discrimination, promote women’s rights, ensure the independence of the NHRC, and address corruption. They highlighted legislative measures and government schemes aimed at improving conditions for vulnerable groups, enhancing accessibility for persons with disabilities, and protecting the rights of children and women. The delegation reaffirmed India's commitment to implementing the Covenant and addressing the concerns raised by the Committee experts.

Elimination of Discrimination The delegation emphasized that eliminating discrimination, especially against scheduled castes and scheduled tribes, is a top government priority. Measures have been implemented to promote their representation in public institutions. The National Legal Services Authority provides free legal aid to those who face discrimination. The Prevention against Discrimination Act aims to prevent minority discrimination. An independent Constitutional body, the National Commission for Scheduled Castes, prepares annual reports on this issue. Specialized courts and police stations have been established to address minority discrimination, and a comprehensive plan has been devised. In 2016, compensation for victims of atrocities was increased, and the Supreme Court facilitated easier case filing for discrimination.

Child Protection and Rehabilitation Regarding adolescents affected by sexual practice laws, the courts focus on rehabilitation rather than punitive measures. Adolescents are not housed with adults in prisons when possible. Child abuse victims receive sufficient reparations and support, with India prioritizing the best interests of the child.

Trafficking in Persons Legislation protects women and children victims of trafficking, providing them with food, clothing, and other services in dedicated shelters. The new Criminal Code includes stricter punishments and a revised trafficking definition. Around 827 anti-trafficking units have been established nationwide, and a multi-agency committee was set up in 2020 to combat trafficking.

Women's Labour Rights New legislation mandates that workplaces with over 50 employees provide creche facilities and 26 weeks of maternity leave for women. The government promotes women’s participation in non-traditional sectors, resulting in steady employment increases. Legislative amendments protect women's inheritance rights, and the Dowry Prohibition Act of 1961 has been strengthened. Many states have enacted special laws to prevent witchcraft allegations. Women are protected from domestic violence by the Domestic Violence Act, and acid attack victims can claim entitlements under the Protection of Persons with Disabilities Act.

Rights of Persons with Disabilities Legislation from 2016 ensures equal rights for persons with disabilities. The central government has called for the reform of provincial legislation that allows for discrimination against persons with disabilities. The "Accessibility India" campaign, launched by the Prime Minister, aims to increase accessibility in all sectors and digital systems.

Manual Scavenging and Scheduled Castes The addition of Christians and Muslims who historically belonged to scheduled castes is under consideration, with a relevant commission conducting state consultations. Manual scavenging, made illegal in 2013, remains a focus, with the Supreme Court ordering a district-wide survey to monitor the practice. Some districts have reported being free of manual scavenging. A national scheme for mechanizing sanitation work and a training and loan scheme for former manual scavengers have been developed.

Transgender Rights In 2019, the Supreme Court recognized transgender persons’ right to self-identity, leading to the implementation of the Transgender Rights Act. The government supports transgender individuals through various schemes, including education, training, and policy-making discussions.

Abortion and Women's Health India's abortion law ensures women’s bodily autonomy, with limitations only to protect women's health. Abortions are available through registered providers up to 24 weeks of pregnancy, and beyond in cases of substantial fetal abnormalities or threats to the woman's life. Government campaigns have improved sex-selective abortion rates by raising awareness of girl child rights.

Addressing Violence in Manipur India has a wide range of training institutes, including 350 for police officers. Public institutions and committees are addressing violence against women in Manipur, rooted in historic divisions. The government is committed to addressing this violence in collaboration with civil society.

Anti-Terrorism Measures India has faced state-sponsored cross-border terrorism for decades, with anti-terrorism laws including built-in accountability mechanisms. There is no immunity for the armed forces, with procedural actions taken on all complaints against them. The law provides for bail for persons detained under anti-terrorism laws, decided by the courts.

National Human Rights Commission The National Human Rights Commission (NHRC) is an independent institution conforming to the Paris Principles. The government is committed to ensuring its independence and implementing its recommendations. The NHRC has the powers of a civil court in investigating complaints, handling over 3,500 complaints and ordering compensation in 102 cases. It monitors the implementation of laws against bonded labour, with over 300,000 persons released from bonded labour as of December 2021.

Constitutional Protections The Constitution protects all citizens and some non-citizens. India has subject-specific legislation addressing all Covenant provisions, making comprehensive anti-discrimination legislation unnecessary.

Corruption and Transparency The government maintains a zero-tolerance policy on corruption, with strict compliance regulations for political funding and publicized electoral bond details to ensure accountability. The Supreme Court has upheld this scheme, which allocates funds to political parties based on legislative representation.

Gender Representation and Census The government conducts a national census periodically, with the next scheduled for 2026. Based on its results, 30 percent of parliamentary seats will be reserved for women in the 2029 election.

Judicial Independence Judicial corruption is rigorously addressed through an in-house procedure, with complaints against High Court judges assessed by the Supreme Court. The judiciary operates independently of the executive, promoting citizens’ rights and justice. Habeas corpus laws ensure fast case disposal.

Reservations to the Covenant There are no plans to sign the First Optional Protocol or revise reservations to the Covenant. 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.