India advised to reform 'laws' affecting Manipur
Source: Chronicle News Service

Imphal, July 26 2024: The United Nations Human Rights Committee (UNHRC) has called on India to urgently reform its counter-terrorism laws, particularly the Armed Forces (Special Powers) Act (AFSPA), which has been linked to severe human rights violations in Manipur.

The Committee's latest observations underscore the need for immediate action to address issues such as extrajudicial killings, arbitrary detentions and torture, emphasising the impact of these measures on the people of Manipur.

The UNHRC released its concluding observations on India's fourth periodic report, which also commended the country for its engagement in the simplified reporting procedure and constructive dialogue during the review held on July 15 and 16, 2024 .

The Committee, however, expressed serious concerns over ongoing human rights violations in India, particularly in regions such as Manipur, Jammu and Kashmir, and Assam.

Despite efforts by the Indian government to combat trafficking in persons, the Committee notes that these measures are inadequate.

Reports indicate that the conviction rate for trafficking is very low, and victims lack adequate protection and remedies.

Complicity of government officials in these practices exacerbates the problem, said the Committee, urging India to strengthen its efforts to prevent, combat, and punish trafficking and bonded labour, ensure thorough investigations, and provide victims with necessary protection and assistance.

The application of counter-terror-ism legislation under the AFSPA and other related laws has led to grave human rights violations in "disturbed areas" like Manipur.

These violations include excessive use of force, arbitrary detention, extrajudicial killings, and torture.

The Committee is particularly concerned about the extensive powers granted to security forces, which often result in human rights abuses against dissidents and activists, it maintained and called for a review of existing counter-terror-ism laws to ensure compliance with international human rights standards along with recommending that these measures be temporary, proportionate, and subject to judicial review.

In Manipur, the situation is dire, with reports of 1,528 documented extrajudicial killings between 1979 and 2012 .

Despite the Supreme Court's 2016 directive for thorough inquiries into these allegations progress has been minimal with only 39 First Information Reports registered.

This lack of accountability is attributed to the mandatory requirement for government authorisation before prosecuting security personnel, fostering a climate of impunity, noted the Committee and urged for abolition of the said requirement while stressing on prompt, thorough, and impartial investigations into all human rights violations, to ensure that perpetrators are prosecuted and victims receive effective remedies.

The Committee s recommendations emphasise the need for India to align its counter-terrorism and security measures with its obligations under the International Covenant on Civil and Political Rights.

It called for the establishment of an independent mechanism to investigate human rights violations in disturbed areas.

Pointing out that the overarching aim is to ensure that counter-terrorism legislation does not infringe on the rights enshrined in the Covenant and that victims of human rights violations receive justice and compensation, the Committee expressed concern over the high levels of violence against religious minorities in India, citing the incidents in Manipur since May 2023 and the Gujarat riots in 2002.The Committee also noted violent incidents like the demolition of religious minorities' places of worship and private homes after the 2022 Ram Navami riots, predominantly affecting Muslims, and violence by "cow vigilantes" against Muslims and Christians.

The use of national security and counter-terrorism laws to target religious minorities and reports of hate speech and incitement to violence by public officials were also highlighted.

The Committee urged India to ensure respect for freedom of thought, conscience, and religion, and to prevent and address discrimination and violence against religious minorities.

It recommended increasing efforts to prevent and investigate acts of discrimination and violence, prosecuting perpetrators, and providing reparations to victims.

At the same time, the Committee acknowledged India's legislative and policy measures aimed at enhancing human rights protection, including the enactment of several significant laws and ratification of international instruments.

Notable legislative efforts include the Protection of Children from Sexual Offences Act, the Rights of Persons with Disabilities Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act.

Despite these advancements, the Committee expressed Concern regarding several areas requiring substantial improvement.

It urged India to fully incorporate the provisions of the Covenant into domestic law and enhance the effectiveness of judicial control over pre-trial and preventive detention.

Strengthening the National Human Rights Commission to ensure its compliance with the Paris Principles was also emphasised.

Persistent issues of corruption led to recommendations for more robust anti-corruption measures, it said.

The Committee highlighted ongoing gender inequality and violence against women, advocating for stronger enforcement of protective laws and measures to address harmful practices like dowry and honour killings.

Concerns about reproductive rights, maternal health, trafficking, forced labour, and the impact of counter-terrorism measures on human rights were also raised.

The Committee stressed the need for better prison conditions, effective judicial review of detentions, and protection against torture and ill-treatment.

Moreover, the socio-economic disadvantages faced by Scheduled Tribes and other minorities were noted, with calls for improved protection of land rights and access to justice.

The Committee recommended widespread dissemination of the Covenant and the concluding observations to raise awareness among various stakeholders and the public.

India is expected to provide updates on the implementation of key recommendations by July 23, 2027, with the next review cycle involving further consultation with civil society organisations.

These observations underscore the ongoing dialogue between India and the UN to promote and protect human rights in the country.

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