India will face the final round of the Universal Periodic Review (UPR) today. Rejecting any recommendations related to the attacks on human rights defenders (HRDs), India has also similarly remained silent on several suggestions that the long overdue Prevention of Communal & Targeted Violence Bill (2011) is tabled in Parliament.
The UPR is a four yearly exercise, when all countries of the world address and answer world questions and concerns on their human rights record. This time round India faced a record 252 concerns and recommendations from over four dozen countries.
Despite increasing instances of religion-based intolerance and hate (read inciteful) speech, the targeted lynching of minorities and a growing atmosphere of unchecked intolerance, India has chosen not to accept 9 of 16 recommendations on hate speech, repeal of discriminatory laws and rights of religious minorities.
An oral statement on behalf of the Working Group on Human Rights in India and the UNunder Agenda Item Noof the HRC 36 on the outcome of the UPR III in India . [21.09.2017] will be made today.
The Indian government accepted 152 of the 250 recommendations made by 112 states at this 3rd UPR. These include several important commitments to the realisation of social and economic rights, environment, and sustainable development, poverty eradication and realizing the SDGs. Out of 73 recommendations made on Child Rights, the Government of India has accepted 59 recommendations.
However, human rights groups are concerned, and deeply apprehensive on the Modi government’s ambivalence that emerges to accept any recommendations on the Indian people’s civil and political rights. Despite the prevalence of torture and impunity in India, India only accepted 13 of the 21 international recommendations on this crucial issue, an ill that taints fair institutional functioning in India. India has accepted the recommendation to ratify this vital Convention since UPR I, but has throughout failed to act on it.
On the Armed Forces Special Powers Act, despite strong evidence of its systemic misuse –deliberate killings and excess use of force with impunity by security forces — for the third consecutive time India has only noted the recommendations on revising AFSPA.
There were as many as 11 recommendations from different countries on the issue of the rights and freedoms of human rights defenders without any acceptance. There has been no commitment to safeguard them against persecutions, limit misuse of the Foreign Contribution Regulation Act and no commitment in response to overwhelming international concerns on the attacks on citizens, groups and civil society organisations.
Similarly the Government of India has not accepted recommendations on the crucial issue of surveillance even when after the Indian Supreme Court on August 24, 2017 gave a resounding 9 member verdict on the Right to Privacy reasserting this right.
Typically and predictably, there is an absence of India’s unequivocal commitment to strengthening the justice delivery system and guaranteeing the independence of the judiciary. This is vital to effectuating our constitutional rights and is also a commitment India must fulfill under several treaty mechanisms. Given the frailties of the justice delivery system we regret that sixteen recommendations relating to ending the death penalty that have been made have not been accepted.
India has in its response to the recommendations made during the UPR process, made a renewed commitment to end the practice of child marriage. Significantly, however several recommendations on violence against women including ending honor crimes, dowry death, and marital rape have not been accepted.The domestic stance of the Indian government that continues to perpetuate criminalizing the poor through laws that penalize begging goes against its commitment, internationally.
Details of the issues and concerns, and India’s response in the UPR may be read here.