A/HRC/WG.6/1/IND/4 page 10 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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