Human Rights in India

191 Pages·2012·5.04 MB·English

Human Rights in India
Status Report 2012
PREPARED FOR INDIA’S SECOND
UNIVERSAL PERIODIC REVIEW AT THE UN
Human Rights in India
Status Report 2012
PrePared for IndIa’s second
UnIversal PerIodIc revIew at the Un
SECRETARIAT, WORKING GROUP ON HUMAN RIGHTS IN INDIA AND THE UN
A-1 Nizamuddin East, Lower Ground Floor, New Delhi 110 013, INDIA
T +91.11.24358492 M +91.9899020452 W www.wghr.org
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Published by
SECRETARIAT, WORKING GROUP ON HUMAN RIGHTS IN INDIA AND THE UN
WA-1o Nrizkaminudgdi nG Erasot,u Lopw eorn G rHounudm Floaorn, N Rewi gDehlhtis 1 1 0 013, INDIA
iTn + I9n1.1d1i.2a4 3a5n84d92 t hM e+ U91.N9899020452 W www.wghr.org
G-18/1 Nizamuddin West,
Lower Ground Floor,
New Delhi - 110 013, INDIA
T/ F: [phone]
E: [email protected]
www.wghr.org
Print: May 2012
Cover photo: Marco Pari / Flickr
Design & Print: Aspire Design
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Foreword
The present report gives a general overview of the most critical human rights issues
in India today. It has been drafted as a background document to assist in the
preparation of India’s second Universal Periodic Review (UPR) scheduled to take
place in Geneva on 24 May, 2012.
The UPR is a unique process conducted by the UN Human Rights Council (HRC),
involving a review of the human rights record of all 192 UN Member States once
every four and a half years.i
The Working Group on Human Rights in India and the UN (WGHR) submitted a
stakeholders’ report to OHCHR in November 2011.ii The present report is a more
detailed and comprehensive version of WGHR’s stakeholders’ report that includes:
n Information gathered from five regional and one national consultation held with
civil society across India from August to October 2011;iii
n Case studies that illustrate the text of the report;
n WGHR’s initial response to the Government of India’s national report to the
second UPR;
n An up-to-date analysis of the status of implementation of the 18
recommendations made to India during the first UPR.iv
As is amply evident from the report, much remains to be done to improve the
human rights situation in India. The scope of the UPR is enormous as it covers
all recognised international human rights. If we take almost any of these human
rights, the situation in India remains challenging; yet the scope for improvement
is immense. If the required positive changes are to take place, however, a radical
change in national and regional actions by governments at all levels is necessary.
The report highlights some of these required changes.
i For a brief description of the importance of the UPR process, please see Annex B
ii Working Group on Human Rights in India and the UN (WGHR), Human Rights in India – An Overview, November
2011, available at: www.wghr.org
iii See: Annex D
iv See: Annex C
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The opportunity offered by India’s second UPR at the HRC should not be
underestimated. The clear direction that can emanate from the second UPR’s
recommendations largely depend, however, on the approach adopted by the Indian
delegation during the UPR in May 2012. We all look forward to a shift away from the
defensive posture adopted by India in the first UPR to a constructive engagement
with the HRC. Such an engagement can only prove fruitful if the deliberations during
the UPR debate and the resulting recommendations are placed within the space of
the recognition of human rights (through laws, policies, administrative actions and
budgetary allocations) and their implementation.
We hope this report will contribute to such a debate at the HRC. India must meet the
human rights accountability challenge posed by the contents of its own Constitution
and the international human rights instruments it had ratified. To meet this enormous
challenge, nothing but a radical shift in economic, security and social policy is
needed. It is hoped that India’s second UPR will provide solid recommendations
to make such a radical change possible, which is urgently required to reverse the
adverse human rights situation faced by a significant part of the people of India.
Miloon Kothari
Convenor, WGHR
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Acknowledgments
This report is the fruit of thorough collective work. It was compiled and edited by the
WGHR Secretariat with extensive input from all WGHR members: ActionAid India,
Asian Centre for Human Rights, Citizens for Justice and Peace, Commonwealth
Human Rights Initiative, FIAN India, HAQ: Centre for Child Rights, Housing and
Land Rights Network, Human Rights Alert, India Alliance for Child Rights, Lawyers
Collective, Multiple Action Research Group, National Campaign on Dalit Human
Rights, Partners for Law in Development and People’s Watch as well as WGHR’s
independent experts: Vrinda Grover, Prof. Babu Mathew and Dr. Rajkumar.
In addition to WGHR members, we would like to thank warmly the following people
and organisations who have made significant contributions to the report: Sudha
Bharadwaj and Rajendra Sail (PUCL, Chhattisgarh); Roy Laifungbam (Centre for
Organisation Research & Education); Satyajeet Mazumdar (Centre for Social Justice);
Jayshree Satpute; Anisa Rehman, Smriti Minocha and Kerry Mcbroom (Human
Rights Law Network); Yug Mohit Chaudhry; Annie Namala (Centre for Social Equity);
Waliullah Ahmed Laskar and Dr. Prasenjit Biswas (Barak Human Rights Protection
Committee); Reetika Khera; Javed Abidi, Dr. Shanti Auluck, Dr. Bhargavi Davar, Arun
Rao, Radhika Alkazi, Rama Chari, Meenakshi Balasubramaniam, Shivani Gupta and
Dorodi Sharma (National Disability Network).
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Table of Contents
List of Abbreviations x
I. Economic, Social and Cultural Rights and Right to Development 1
Right to Adequate Housing and Land 4
Right to Food 11
Right to Health 22
Right to Water and Sanitation 30
Impact of Trade and Investment Agreements 31
Right to Work and Labour Rights 34
Right to Education 40
Right to Information Act and Corruption 46
II. Militarisation and Security – Laws and Apparatus 49
Special Security Laws 53
Custodial Torture 55
Enforced Disappearances 57
Extrajudicial Killings 59
Conflict Widows 61
Arbitrary Arrest and Detention 62
Excessive Powers of the Armed Forces and the Police 68
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Disproportionate Use of Force 68
Sexual Violence 69
Legal Immunity 72
Militarism and Denial of Economic, Social and Economic Rights 72
Occupation of Public Infrastructure and Private Land 74
Conflict Induced Internal Displacement 76
III. Access to Justice 79
Barriers to Access to Justice 81
Regressive Laws 81
Violations by the Police and Resistance to Reform 82
Judiciary: Vacancies and Judicial Delay 84
Excessive Pre-Trial Detention 85
Prisons 86
Custodial Torture 88
Immunity and Lack of Accountability 90
Inadequate Legal Aid and Assistance 91
Lack of Witness Protection Programme 94
Death Penalty 94
Discrimination in Access to Justice 96
Women 96
Lesbian, Gay, Bisexual, Transgender and Intersex 101
Children 103
Scheduled Castes and Scheduled Tribes 115
Persons with Disabilities 122
Religious Minorities 124
Refugees 131
Human Rights Defenders 132
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IV. National and International Mechanisms for the Protection
of Human Rights 137
National Human Rights Institutions 139
International Human Rights Mechanisms 141
Conclusion 143
Annexes 145
Annex A List of WGHR members 146
Annex B Overview of WGHR National and Regional Consultations on the UPR 147
Annex C WGHR Assessment of Implementation of UPR I Recommendations 149
Annex D The Universal Periodic Review (UPR) 153
Annex E NHRC Submission for India's UPR II 156
Annex F The Armed Forces (Special Powers) Act, 1954 162
Annex G Press Statement by Christof Heyns, UN Special Rapporteur
on extrajudicial, summary and arbitrary executions 166
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