IMPHAL, May 30: India’s human rights record was reviewed by the UN Human Rights Council (HRC) under the mechanism of the Universal Periodic Review (UPR) on May 24 in Geneva.
The review was marked by a general lack of acceptance of human rights challenges in the country and a mere reiteration of domestic laws, policies and Constitutional provisions by the Government of India (GoI), said a press release of the Working Group on Human Rights in India and the UN.
It has expressed that the WGHR is disturbed that India dodged the recommendations made during the UPR for repeal and review of the Armed Forces Special Powers Act, AFSPA by referring to the Supreme Court’s upholding of its constitutionality and by citing Army’s human rights cell as a redressal mechanism.
Vrinda Grover, human rights lawyer and member of WGHR, expressed serious concerns at GoI’s misleading response to the HRC, which camouflaged the systematic impunity enjoyed by armed forces for human rights abuse in the Northeast of the country and Kashmir: “The refusal and reluctance of GoI to squarely address the issue of impunity under AFSPA, in spite of numerous recommendations by international bodies, government appointed committees and UN Special Rapporteurs is unacceptable in a country that proclaims to be the largest democracy in the world”, it continued.
It has further continued, “Regrettably, the answers of the government did not address critical issues related to gaps in implementation of laws and enjoyment of rights, with India’s Attorney General (who led the government delegation) stating in his opening address that, “India has the ability to self-correct”.
According to Miloon Kothari, Convenor of the Working Group on Human Rights in India and the UN (WGHR): “By employing a defensive and largely self-righteous position at the HRC, GoI has, at least in its initial response at the HRC, once again lost the opportunity to constructively engage with the UN human rights system and in accepting the enormous human rights challenges it is faced with.”
The WGHR statement has further expressed regret over the GOI’s failure to fulfil several of the recommendations and its subsequent replies against the recommendations.
It continued that GoI has failed to use the UPR as an opportunity to demonstrate its commitment to bridge the gap between the law and the grim statistics on various forms of gender-based violence.
Its tendency to rely upon domestic law repeatedly to explain the multiple challenges to the attainment of gender equality is disquieting, especially when access to justice remains a barrier for many, and several domestic laws are inconsistent with the universal standards on sex equality, it said.
WGHR, however, welcomes GoI’s positive shift on the issue of homosexuality, which was raised by many countries.
The government affirmed its support of the High Court of Delhi judgment decriminalizing homosexuality and stated that it would take a sensitive view of the matter that has been appealed in the Supreme Court, it continued.