A/HRC/8/26
Page 10
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.
48. Regarding the Foreign Contribution Regulation Bill, 2006, the delegation stated that the
primary purpose of the Bill was to consolidate the law to regulate the acceptance and utilization of
foreign contributions for bona fide activities and to prohibit the use of the same for any activities
detrimental to the national interest. The Bill sought to balance national security concerns and flow
of foreign contributions for charitable purposes by providing a more explicit and transparent
regime. The Bill is presently being examined by the Parliamentary Standing Committee and its
recommendations are awaited.
49. In relation to the communal disturbance that erupted in the tribal dominated district of
Kandhamal, Orissa on 24 December 2007 between tribal Hindus (Kui) and Christians (Panas), the
Indian delegation noted that the underlying cause appeared to be the long standing opposition by
the tribal Hindus to the Christians’ demand to be categorised as a Scheduled Tribe. In the clashes,
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