TODAY -

India comes in the line of fire at UNHRC over rights record, racism
Source: The Sangai Express / Courtesy The Wire

Imphal, May 06 2017: India faced questions about its human rights records from over 100 countries, ranging from attacks on Africans to restrictions on foreign funding of NGOs, even as it asserted that a "vibrant" civil society and "fiercely independent" judiciary was enough to address any aberrations.

On Thursday, India was under the spotlight for the third time during the universal periodic review (UPR) at the UN Human Rights Council (UNHRC), the peer-based scrutiny of a Nation's human rights situation.

Attorney General Mukul Rohatgi led an inter-ministerial delegation at the UNHRC's 27th UPR session.

Around 110 Nations spoke for about one minute each during the afternoon session, but several had also submitted written questions earlier.

The report will be formally adopted on May 9 .

Here is a breakdown of the key issues raised by States about India : .

Use of excessive force by security personnel .

The US appreciated the Supreme Court judgement in 2016 that said that army or Manipur police could not use excessive force under the Armed Forces (Special Powers) Act (AFSPA).

At the same time, the US diplomat also criticised the continued impunity on abuse allegations against security personnel.

The Swiss delegate said India should revise the AFSPA "to bring it into line with the obligations of the International Covenant on Civil and Political Rights to combat impunity" .

The repeal of the AFSPA had been recommended at the previous UPR cycle in 2012 and, therefore, it was no surprise that it made its appearance during the current review.

Rohatgi pointed out that whether "this Act should be repealed or not is a matter of on-going vibrant political debate in my country" .

He argued that the Act was applicable only at a few areas, which are near international borders, and only to deal with "exigent circumstances like terrorism".

He asserted that even in those areas where the law was applicable, the military personnel were mainly there to assist civil authorities.

The Attorney General also noted that there had been a judicial review of the AFSPA.

"The Supreme Court of India has upheld the Constitutionality of the Act and laid down strict guidelines.

Recently, the Court held that the armed forces cannot use excessive force in the course of the discharge of their duties under the Act, which does not allow blanket immunity for perpetrators of unjustified deaths or offences," he said.

He noted that aberrations are "dealt with by our internal processes that include our fiercely independent judiciary, autonomous Human Rights Commission at both National and State levels, vigilant and vocal media and a vibrant civil society".

"All these institutions ensure that authorities remain respectful of Constitutional and human rights norms," he added.

Along with repeal of the AFSPA, Pakistan also raised the matter of use of force by Indian security personnel, called on India to ban pellet guns and allow for an UNHRC investigative group to visit Jammu and Kashmir.

India replied specifically to Pakistan, denying allegations of use of excessive force in the Valley and reiterating its position on Kashmir.

In its separate report to the UNHRC, the National Human Rights Commission (NHRC) claimed that turmoil in Kashmir was "augmented by trans-border terrorism and jihadi funding from the neighbouring country" .

Admitting that the use of pellet guns was "controversial," the NHRC said that it had taken up the matter with the government.

At the same time, it said that it "withholds its comments (on use of pellet guns) now because human rights of both sides are involved, when young crowd pelt stones at the Police personnel" .

Ratification of Convention Against Torture .

In 2012, the most frequent recommendation made to India during its second UPR review was to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

Five years later, nearly all the 100-odd States, including developing countries like Burkina Faso, Turkey, South Africa and Kazakhstan, reminded India of this obligation.

Germany asserted that India should swiftly ratify the CAT and its optional protocol, ensure that domestic legislation defines torture in line with India comes in the line of fire at UNHRC over rights record, racism international standards, and extend an invitation to the special rapporteur on torture for an official visit to the country.

India was urged to revise the AFSPA, and ratify the Convention on Torture and bring domestic law in line with international standards.

India reiterated during its reply that it was remained committed to ratifying the convention.

The Indian official told the international community that the Law Commission of India was examining the changes required to domestic law prior to ratification and the Government was preparing a comprehensive legislation to that effect.

In the meantime, India laws were "adequate" enough to prevent torture, argued the Indian delegate.

Incidentally, in its report for the UPR process, the NHRC had described the view that existing provisions with slight amendments in IPC were adequate to deal with torture as "mendacious" .

"Delay in bringing out the changes in the law as a pre-requisite for ratification of CAT is disquieting as five years have passed without any significant change," the NHRC report noted.

Restrictions on civil society .

Although India claimed at the UNHRC that it takes "pride in our extremely vibrant civil society," there was disquiet among various States about restrictions on activists and human rights defenders, which was reflected in their interventions.

The US, Norway, Australia, Germany, Ireland and the Czech Republic were among the dozen countries to raise the issue about the clampdown on foreign funds for voluntary agencies.

In its reply , India did not refer to FCRA matter specifically, but repeated that activities of human rights defenders and NGOs would "have to be in conformity of the law of the land" .

In line with previous reviews, several western countries, including Italy, the Vatican, Canada and the Netherlands, expressed worry about the misuse of anti-conversion laws and urged India to protect religious minorities.

The UK called for the enactment of the Prevention of Communal and Targeted Violence Bill, which the previous UPA Government had to drop under opposition from BJP.

In his opening remarks, Rohatgi noted that India was a secular State with no religion and the Indian Constitution enshrined various provisions for protection of the rights of minorities.

He also specifically mentioned Article 30 of the Constitution, according to which minorities can establish and administer educational institutions.

Discrimination against African Nationals .

After the attack on Nigerian students at Greater Noida in February, African heads of missions had threatened to go to the UNHRC.

In the end, there was no concerted efforts by African countries to raise the issue in Geneva, but Haiti did mention it strongly during its submission.

In a prepared statement, a member of the Indian delegation replied that the incidents of attack against African Nationals were "unfortunate" and "painful".

He cited the historical ties between India and Africa, especially the support of Indian leaders towards the colonial struggle.

The Indian official claimed that Indian leadership had "pro-actively" reached out to African diplomatic missions and instructions were given for heightened security in areas with high concentration of African Nationals.

LGBT rights .

Several western countries, including Canada, Ireland, Norway, Canada, Sweden and Israel � the ruling NDA Government's close ally � called upon India to "de-criminalise" same sex relations by revoking section 377 of the IPC.

Rohatgi passed the buck to the judiciary, referring to the Supreme Court's quashing of the Delhi High Court judgement that had decriminalised section 377.He mentioned that there was a pending curative petition, which was likely to be heard by the Supreme Court soon.

However, the Attorney General remained silent on the apex Court's direction that the repeal of section 377 should be done through the Parliament.

While Israel called for implementation of the Transgender Persons (Protection of Rights) Bill, Ireland gave a nod to the criticism of the Bill by stating that New Delhi should "enact legislation consistent with the Supreme Court's recognition of the rights of transgender persons" .

Activists have criticised the Bill, stating that it did not give rights accorded by the Supreme Court for transpersons to decide their self-identified gender.

The Bill, currently tabled in the Lok Sabha, has also been heavily censured for giving a "degrading" definition of transgender.

India was urged to revoke Section 377 of the IPC and decriminalise same sex relations.

Credit: Reuters .

Marital rape .

Nearly every State recommended giving more attention to prevent violence against women, but many of the western States called upon India to specifically criminalise marital rape.

"Marital rape is not yet criminalised in India � in spite of many calls for criminalisation, including from the UN," said the Swedish delegate.

Similar views were expressed by Iceland, Ireland, Australia, Belgium, Canada and Slovenia, with most calling for the removal of the exception related to marital from the definition of rape in Section 375 of the IPC.

Internet shutdowns .

The Indian delegation plugged the flagship 'Digital India' program, which Rohatgi said would transform India into a "digitally empowered society through increased connectivity, better access to knowledge, delivery of services, and e-governance through digital means" .

According to Indian media watchdog The Hoot, internet was shut down 31 times in various regions of India in 2016.This year, the internet has already been shut down 14 times.

There were some words of praise for India, with States like Nepal, Mauritius, Bangladesh and Sri Lanka largely giving a free pass to New Delhi.

There was also appreciation for India's Aadhar programme from Sierra Leone and Malaysia.

Rohatgi had flown to Geneva straight after defending the Government's position before the Supreme Court for making Aadhaar mandatory for several schemes, including filing taxes.

Laos commended "efforts" by India to further enhance rights to education, while Singapore commended "significant" achievement of "halving the number of rural households without drinking supply".

At the end of the interventions by the States, Rohatgi said his delegation, made up of officials from different ministries, "will return with ideas that have been generated today for further strengthening our system since we do believe that observance and promotion of human rights is work in progress" .


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Scientist of Manipur: R K Brojen Singh
  • Violence in Manipur 2023-2024 : Timeline
  • Brief sketch on General Balaram Sougaijamba
  • Non-violent for peaceful, mutual co-existence
  • Homeless person ..alcoholism & defeated TB
  • Defending, fighting for Idea of Manipur
  • From partiality to complicity
  • Bike Rally - Sekmai to Kangla : Gallery
  • 'Modi must announce finality of Naga pacts'
  • Gliding over Brahmaputra
  • Question leaks cause stress among student
  • Home remedies for prickly heat
  • After IIT, AIIMS it is now IIM
  • Stealing spotlight from Manipur crisis
  • Tarpon chaklen katpa @ Andro #2 : Gallery
  • Strongly condemns violence in Jiribam
  • Lessons from outcome of LS election
  • Tumcho releases "Goodness of God"
  • Right diagnostic for antimicrobial resistance
  • 12th June is World Day against Child Labour
  • Hands of geo-politics ?
  • The row over NEET-2014
  • 2nd Annual Art Exhibition #1 : Gallery
  • Chilli Chicken: Film Spotlighting NE in B'lore
  • Committee of Narcotics Anonymous - Imphal
  • The Power of Meditation
  • Oceans as a career choice
  • Getting more and more audacious
  • A test of leadership
  • Education Fair @Imphal #2 : Gallery
  • Gifting two seats to Cong
  • Voters empowered democracy
  • Postcards from Meghalaya premieres
  • Milk : Essential nutrient for a healthy body
  • Failing in competitive exam not end of world
  • Delhi : A mere spectator
  • Abandoning Jiribam
  • Birth Centenary of Jananeta Irabat, 1996 : #5
  • Ima Keithel flood- May 30 #2 : Gallery
  • Mainstream in Shoes of Alternative
  • Protect the medicines that protect us
  • Lets take action for our land & our future
  • Democracy and independent media
  • Agenda at work to shut Western Gate
  • Keeping Manipur on the boil
  • Descent of Radha-Krishna #34: Download
  • The Enigmatic Journey of 'Laikhutshangbi'
  • Individual and the Social
  • An Ardent Appeal to All Concerns
  • Condemnation of Attack & Govt Inaction
  • The Power of Poppy - 34 :: Poem
  • Scientist of Manipur: Laishram Shanta
  • Alien fishes spotted in Manipur's rivers
  • Training on mushroom at Langthabal
  • Digital avatars or deepfakes ?
  • 7th June is the World Food Safety Day
  • How to prepare for UPSC after 10th ?
  • The Jiri violence
  • Beginning of a new vote culture ?
  • Bimol Akoijam (Cong) wins Inner PC : Gallery
  • BJP, NPF & other NDA pay heavy price
  • Nature is one of greatest blessings of God
  • Plantation drive in Tripura, Assam & Manipur
  • Summer beauty
  • Environment conservation & over-exploitation
  • Is Modi cut out for leading a coalition ?
  • 'Ishanou' Selection @ Cannes #2: Gallery
  • Scholarship for Johnstone Hr Sec students
  • 1st foundation day of Interfaith Forum
  • World Environment Day: Our land, our future
  • Indonesia stronger anti-tobacco measures
  • Navigating a fragile Myanmar: India's policy
  • New breed entering electoral politics
  • The road to formation of new govt
  • International Dance Day #1 : Gallery
  • Matchbox marketing mantra
  • Stop harming nature :: Poem
  • Saving for oneself & the Nation
  • Model United Nations (MUN) conducted
  • Tobacco: Threat to health & environment
  • Candidate from ruling party biting the dust
  • The verdict
  • Birth Centenary of Jananeta Irabat, 1996 : #4
  • Imphal valley districts flooded #3 : Gallery
  • Navigating Remal amidst Manipur conflict
  • We are #GenerationRestoration
  • Intl Day of Innocent Children Victims
  • Apparel Industry Skills & Innovation CoE
  • What's in a cyclone's name ?
  • Ongoing clash, the floods, the losses
  • Exit poll predictions
  • Descent of Radha-Krishna #33: Download
  • Evading flood & rethinking urbanization
  • Manipur Flood: Health Advisory
  • Onus on civil bodies to ensure NNPG unity
  • Rats also cause flood
  • Benefits of JEE Main mock tests
  • People have spoken, now the results
  • The fury of Remal
  • Ima Keithel flood- May 30 #1 : Gallery
  • The flood in our Stars
  • The Power of Poppy - 33 :: Poem
  • 'Group of people misrepresented themselves'
  • EV industry and career options
  • Scientist of Manipur: Chandrakant Aribam
  • Candy flavoured traps to hook next Gen
  • Commemorate Naga Plesbicite Day 1951 #2
  • Tobacco affects health & environment too
  • Jio extend validity for Customer in Manipur
  • Students must learn about AI irrespective
  • As vote count day approaches : Floods
  • Imphal valley districts flooded #2 : Gallery
  • Flooded : Sacrifice of Yairipok's Maiden
  • World No Tobacco Day 2024
  • Chandam Rishikanta wins NPC Nat'l C'ship
  • Flood: Helpline numbers for emergency
  • Battling body odour ?
  • Floods : Not entirely natural phenomena
  • PM Modi's purpose
  • Imphal valley districts flooded #1 : Gallery
  • June Calendar for Year 2024 : Tools
  • Flood: Control Rooms & Helpline numbers
  • Economic impact of ongoing conflict
  • Army Recruitment Rally for Manipur
  • Cut deficit, boom likely
  • Are Gods angry ? Wake up call for Manipur
  • Beating of the Retreat #2 : Gallery
  • We did Overcome: Mayhem of Month of May
  • Training on mushroom at Potshagbam
  • Famous female Mathematicians in India
  • Disinformation campaign thengnare
  • Human trafficking puts humanity to shame
  • Sky opens up in all its fury
  • Licypriya meets Italy PM & Pope Francis
  • HSLC (Class X) 2024 : Full Result
  • HSLC 2024 : Important Info & Grading System
  • HSLC 2024 : Pass % : Private Schools
  • HSLC 2024 : Pass % : Aided Schools
  • HSLC 2024 : Pass % : Govt Schools
  • HSLC 2024 : Statistical Abstract
  • HSLC 2024 : Comparative Statement
  • Combined Defence Services Exam 2024
  • Good show in Class X exams
  • Downplaying the crisis
  • Birth Centenary of Jananeta Irabat, 1996 : #3
  • Reviving Lamphelpat : Conservation : Gallery
  • Commemorate Naga Plesbicite Day 1951 #1
  • "ST status for Meetei" at Hojai
  • The Power of Poppy - 32 :: Poem
  • Insights from CUET-UG Counselling
  • International Day for Biological Diversity
  • Unseen force at work: Time to unravel it
  • Sheikh Hasina's revelation
  • The Vanishing Meitei Tribe
  • Building career in defence & strategic study
  • Why example of model code of conduct ?
  • Ownership of responsibility
  • Will pressure mount on key players in NE
  • How to save your foot after an accident
  • Children Camp @JNMDA Imphal #3 : Gallery
  • Education Fair @Imphal #1 : Gallery
  • Project Associate @ CSE, Assam Univ
  • Understanding schizophrenia
  • Advancement in Multi Objective Optimization
  • When will women in voter list increase ?
  • Making 2 plus 2 is equal to 5
  • Changing face of drug menace
  • Scientist of Manipur: Jayanta Manoharmayum
  • 25 yrs since Atal Vajpayee visit to RIMS
  • 4 Lakhs donated to support (L) Maipak Family
  • Clarification: Guwahati Meet on Humanitarian
  • Start UPSC prep after 12th for success
  • Tips to avoid melting makeup in summer
  • Giving a big solid push to ST demand
  • Time to come clean
  • Sajibu Cheiraoba: 1 occasion, 2 narratives #3
  • Khongjom Day @Khebaching #2 : Gallery
  • A year of hostilities
  • Licypriya Kangujam to travel to Italy
  • Declining moral standards in public life
  • Healthy democracy with independent media
  • Why endangered species matter to us
  • Significant Guwahati meeting : 1st visible step
  • The Pallel story
  • Aftermath of ferocious hailstorm #2 : Gallery
  • Ukhrul: Climate change grip on water supply
  • Commemoration of World Eld's Deer Day
  • Indo-Naga Talks (From 2012) :: Timeline
  • "ST status for Meetei" at Hiyanglam
  • Dance of democracy, a miracle in making !
  • Learn to look 10/20/30 years hence
  • The zero FIR, zero lesson
  • 'Ishanou' Selection @ Cannes #1: Gallery
  • MOU signed: MTI-HUB & KIIT-TBI & SAbF
  • Lament of the Mourning Choir :: Poem
  • "ST status for Meetei" at Wabagai
  • RSS-BJP fracas
  • Trials for Canoe Slalom World Cup
  • Poser from a villager says it all Kamjong
  • The cover-up effort
  • Birth Centenary of Jananeta Irabat, 1996 : #2
  • Manipuri women in the arena of politics
  • "ST status for Meetei" at Assam
  • Aimee Baruah at red carpet of Cannes
  • National Defence Academy Exam 2024
  • How digital media changed communications
  • Manipur stands scandalised
  • All eyes on UP battle
  • Descent of Radha-Krishna #32: Download
  • Riots to a shrine- Ram Mandir of Ayodhya
  • Handle with care. F.R.I.E.N.D.S inside!
  • The Power of Poppy - 31 :: Poem
  • Celebrate the journey !
  • Career counselling : A life guidance tool
  • Scientist of Manipur: Amom Ruhikanta
  • Preserving Thang-Ta :: Rare Photos
  • Regarding Human Rights Situation in Manipur
  • Malemnganbi Laishram : Science Topper
  • Featured Front Page Photo 2024 #2: Gallery
  • Thokchom Sheityajit : Arts Topper
  • Aiena Naorem : Commerce Topper
  • AISSE 2024 Exam Result- RKM Imphal
  • Gold, new world currency !
  • Milk for hair and skin
  • Of illegal immigrants & the larger picture
  • The missive from Kamjong
  • Hr Secondary Exam 2024 : Science Topper
  • HSE 2024 : Subject Pass Percentage
  • HSE 2024 : District Pass Percentage
  • HSE 2024 : Candidates with Highest Marks
  • Hr Secondary Exam 2024: Science Full Result
  • Hr Secondary Exam 2024: Arts Full Result
  • Hr Secondary Exam 2024: Commerce Result
  • Hr Secondary Exam 2024 : Arts Topper
  • Hr Secondary Exam 2024 : Commerce Topper
  • World Bamboo Congress @Taiwan : Gallery
  • Aftermath of ferocious hailstorm #1 : Gallery
  • Radio E-pao: Manipuri Film OST (130+ song)
  • Cheirao-chingkaba @ Chinga : Gallery
  • Nupi Landa Thaunaphabishing : Full Book
  • A ferocious hailstorm @Imphal : Gallery
  • '365 Days of Chin-Kuki Aggression' : Gallery
  • Athoubasingi Numit #2 : Gallery
  • National Science Teacher workshop
  • Sajibu Cheiraoba Chak Katpa #2 : Gallery
  • Scientists of Manipur : Ngangkham Nimai
  • Kenedy Khuman (Singer) : Gallery
  • GHOST of PEACE :: Download Booklet
  • List of Kings of Manipur: 33 - 1984 AD