India on Thursday defended its human rights records citing a free and vibrant media, independent judiciary, a vocal civil society, and a range of national and State level commissions monitoring compliance of human rights in the country.
At the Third Universal Periodic Review (UPR) by the United Nations Human Rights Council (UNHRC) in Geneva, India’s Attorney General Mukul Rohatgi told the gathering that had 112 speakers the steps taken by the Indian Government in recent times in achieving human rights goals.
UPR is a unique peer review mechanism in which countries review each other. This is the third time India is being reviewed, previous occasions being in 2008, 2012. During the Third UPR, most of the countries including United States of America and Germany raised the issue of use of FCRA laws to crackdown on NGOs in India. Countries also raised concerns over attacks on minorities in India. Pakistan talked about Kashmir and sought ban on pellet guns and accused security forces in Jammu & Kashmir.
Defending India’s record on civil liberties and Armed Forces Special Powers Act, the AG said the exceptional power given to the Indian Army to help it carry out duty in special circumstances pertaining to combating terrorism near the borders. “This Act (AFSPA) is applied only to disturbed areas where the law and order machinery is dealing with exigent circumstances like terrorism. These areas are very few and in proximity to some international borders...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,” Rohtagi said.
On torture and extrajudicial killings, AG mentioned that acts of torture remain punishable under various provisions of the Indian Penal Code. “The higher judiciary also serves as a bulwark against violations. For instance, the Supreme Court of India has recognised that long periods of incarceration on death row pending a decision on clemency amounts to torture, and has held that such delay is a ground for commuting the death sentence,” Rohtagi said.
The AG counted Indian Government’s efforts to poverty eradication and achieving inclusive sustainable development. This included Aadhaar Unique Identification Number, National Food Security Act, Mahatma Gandhi National Rural Employment Guarantee Scheme. He also talked about steps by the government for empowerment, safety of women and children and recognising the equal rights of transgender persons.