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77. India noted that they do maintain statistics with regard to scheduled castes and scheduled
tribes and that these statistics are in the public domain.
78. In relation to a question by the Republic of Korea on the displacement of tribal people from
forest lands, India noted that based on a Supreme Court decision, no land can be diverted from
forest use, without prior approval and there can be no displacement unless there is a comprehensive
proposal to resettle the tribes as part of the project. This had been the position in regard to
implementation of mining projects in Orissa as well.
79. India noted that some states have passed anti-conversion acts to check and regulate forced
conversions.
80. Nigeria mentioned enforced disappearances and India noted that it had signed the Convention
on the Protection of Persons from Enforced Disappearance on the day it opened for signature last
year and that the process of ratification was now under way.
81. With reference to Latvia and Switzerland’s question on a standing invitation for special
procedures, India stated that it could not agree to standing invitations, but it had been extremely
open and had extended invitations whenever approached. India believed that as a developing
country with limited capacities, it needed to properly prepare for such visits for which sufficient
notice is required.
82. In relation to a question from the Syrian Arab Republic on the role of the judiciary in
protecting human rights, India noted that the judiciary is the sentinel and watchdog of human rights
in India. The courts in India including the Supreme Court and the High Courts are easily accessible
to the ordinary people and have acted even on the basis of information received on a post card from
a person under detention.
83. India noted, in response to Egypt’s question on the Right to Information Act, that the Act is
one of the greatest achievements in the legislative history so far. The fact that the government and
legislature decided to ‘expose themselves’ under the Act is by itself a great check on their working.
84. Regarding Sweden’s comments on homosexual conduct, India noted that under Section 377
of the 1860 Indian Penal Code, the concept of sexual offences “against the order of nature” was
introduced. This was essentially a Western concept, which has remained over the years. The
concept of homosexuality itself does not find a mention in the Indian Penal Code and it can be a
matter of debate whether it is “against the order of nature”. An NGO had filed a petition before the
Delhi High Court for declaring Section 377 of the Indian Penal Code as unconstitutional. The High
Court’s judgment turning down the petition was challenged in the Supreme Court which has
returned it to the High Court for reconsideration. The matter was referred to the Law Commission
of India, which took the view that Indian society does not currently accept homosexuality as an
acceptable form of behaviour. However, the matter is under the consideration of the courts in India.
85. In conclusion, the Ambassador and Permanent Representative of India, H.E. Mr. Swashpawan
Singh, thanked everyone for their presence and constructive participation in the free and frank
dialogue. India stated that it had tremendously benefited from the discussion which provided a
unique opportunity to know how India’s efforts for the realisation of human rights were viewed and
assessed by international community. It was satisfying to note that there was a positive recognition
of India’s efforts and that many initiatives launched by India are viewed as examples of best
practices. India remained conscious of the challenges and was committed to persevere diligently
within the parameters of its Constitution. India stated that it has always demonstrated its openness
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