New Delhi: The UN Human Rights Committee has expressed concern about discrimination and violence against minorities, while cautioning that there was regression in India in its attitudes towards foreigners and that special powers for disturbed areas and counter-terror legislations were not in line with the International Covenant on Civil and Political Rights (ICCPR).
On Thursday, the UN Human Rights Committee, a body of independent experts that monitors the implementation of the ICCPR, released its report on India’s adherence to the covenant.
Since becoming a state party in 1979, India has undergone three ICCPR reviews, with the last one in 1997.
The fourth review took place about two weeks ago, led by attorney general R. Venkataramani and solicitor general Tushar Mehta, who headed the Indian delegation to Geneva.
Over two days, July 15 and 16, the Indian delegation engaged in a “constructive dialogue” with the UN Human Rights Committee.
“During the discussions, the members of the Human Rights Committee spoke appreciatively of the traditions and ethos of India, rooted in principles such as pluralism, non-violence, and diversity, which are in line with the essence of human rights,” said the external affairs ministry’s press note.
On July 25, ten days later, the Human Rights Committee published its report outlining its findings on India’s implementation of the ICCPR.
While the report acknowledged some legislative advancements by the Indian government, it primarily focused on “principal matters of concern” and “recommendations”.
One of the concerns highlighted was that India’s National Human Rights Commission had not been accredited with ‘A’ status by the Global Alliance of National Human Rights Institutions since 2023.
“The Committee is concerned by the impact on the independence of the Commission of the involvement of police officers in investigations of human rights violations, by the Commission’s lack of authorisation to investigate human rights violations allegedly committed by the armed forces and by the one-year temporal limitation from the date of the alleged violation, applicable to complaints,” said the report of the committee’s concluding observations.
A large part of the report was devoted to concerns over the treatment of minorities in India.
“The Committee is concerned about the very high levels of violence against religious minorities, such as the incidents in Manipur since May 2023, and the riots in Gujarat in 2002, and the resulting lack of accountability for human rights violations, including extrajudicial killings,” it wrote.
Additionally, it expressed alarm over the “demolitions of religious minorities’ places of worship and private homes following the riots during Ram Navami processions in 2022, most of them belonging to Muslims, and the reports of violence and lynching by “cow vigilantes” against Muslims and Christians”.
The report specifically recommended the adoption of national legislation to expressly outlaw violence and lynching by “cow vigilantes”.
The committee also highlighted its apprehension about the “application of national security and counter-terrorism laws to target religious minorities and about reports of public officials engaging in hate speech and inciting public violence against religious minorities”.
There were also concerns expressed about widespread internet shutdowns. “The Committee is also concerned about the misuse of vague and broadly formulated provisions of legislation, such as on counter-terrorism, which according to information received is misused for the arbitrary arrest and prosecution of minority groups, journalists and other individuals expressing minority or dissenting views and exercising their right to peaceful assembly”.
The UN committee expressed particular disappointment with India regarding its treatment of foreign nationals seeking refuge over the past two decades. “Despite the tradition of the State party of openness and of welcoming refugees and asylum-seekers, the Committee regrets that the situation has seriously deteriorated since the previous Concluding Observations”.
It voiced concern over the increasing anti-migrant hate speech, including by public officials, which has become increasingly violent, particularly towards Muslims, including Rohingyas from Myanmar, who are publicly identified as threats to national security.
Besides, the committee was troubled by deportations to Myanmar, including plans to deport more than 5,000 asylum-seekers from the Kuki and Chin communities.
It raised concerns about certain provisions of the Armed Forces (Special Powers) Acts and counter-terrorism legislation, stating they do not comply with the covenant.
It highlighted that the prolonged application of counter-terrorism laws in “disturbed areas” such as Manipur, Jammu and Kashmir, and Assam has resulted in widespread and severe human rights violations.
The committee urged India to meet its obligations under the covenant and to ensure that counterterrorism and other security measures in these areas are temporary, proportionate and subject to judicial review. Additionally, it called for India to establish a mechanism to acknowledge responsibility and uncover the truth regarding human rights violations in these regions.
Incidentally, the UN Human Rights Committee noted that India’s new criminal code, the Bharatiya Nyaya Sanhita, 2023, did not have any offence of ‘torture’.
“Amend the new Criminal Code, the Bharatiya Nyaya Sanhita, 2023 to establish a specific crime of torture, in accordance with article 7 of the Covenant with sanctions commensurate with the gravity of such offence,” said the report.
