A/HRC/WG.6/1/IND/4
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42. Algeria congratulated India for the participatory approach adopted in the preparation of the
national report. While noting that the economic growth being experienced by India has led to a
widening of the gap between rich and poor, it asked whether any innovative approaches were being
taken to ensure that this economic development was not detrimental to the enjoyment of human
rights by all sections of the population. Algeria stated that it is aware of the fact that the high growth
rate of India over recent years has not trickled down sufficiently to the poor, thus increasing social
stratification between the richer segments of society and the destitute. Algeria recommended that
India review new ways of reversing this worrying trend undermining the fundamental economic
rights of vulnerable groups and that it share its findings with us in Africa where poverty is rife.
43. Bangladesh indicated that, as a neighbour, it understood the situation in India and also shared
a common history. As a vibrant democracy achieving remarkable economic prosperity in recent
years, there are high expectations of India. Bangladesh noted the establishment of a Ministry of
Minority Affairs and also highlighted the commendable work of the National Human Rights
Commission. In view of the consideration being given to the establishment of a national human
rights institution in Bangladesh, the work of the India NHRC is being followed with great interest
and Bangladesh is looking forward to emulating its good practices. Bangladesh asked how the
Government of India is reconciling the needs to provide general education in view of its National
Action Plan devoted to the provision of human rights education.
44. France commended India’s commitment to human rights and pluralism. It raised a question
and made a recommendation relating to the ratification of the Convention against Torture. It also
asked what means were available to and what analysis might be drawn from the work of the
National Human Rights Commission of India and the National Commissions dealing with Women,
Minorities, Scheduled Castes and Scheduled Tribes. Lastly, regarding the most vulnerable
communities and their integration, it wished to know what would be the results of any stock-taking
of their integration.
45. The Indian delegation expressed its gratitude to all who actively participated in the dialogue
and found it interesting and productive.
46. Regarding the Convention against Torture, the delegation noted that India is a signatory and is
committed to its objectives. The Indian Penal Code also has clear provisions regarding torture and
the Supreme Court of India in a well known judgment, D. K. Basu vs. Union of India, has issued
important guidelines on provisions of detention that are applicable throughout India. The
ratification of the Convention against Torture is being actively processed by the Government.
47. With regard to questions on the Armed Forces (Special Powers) Act, 1958, the delegation
stated that even though India is a country which has had to confront with terrorism for well over
two decades, its laws, including the special laws enacted in this context, have always had clear
elements of administrative as well as judicial reviews. It is well settled in Indian jurisprudence that
all legislation must conform to the basic structure of the Constitution and is subject to judicial
review. The constitutionality of the Armed Forces (Special Powers) Act 1958 has been upheld by a
Constitution Bench of the Supreme Court. Moreover, it is important to note that the Armed Forces
of India are governed by provisions of their Acts, which also ensure that any violations are
expeditiously dealt with. In so far as ensuring human rights even while being engaged in counter
terrorism operations, special training and operating procedures are in place to guide the forces on
the ground.
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