A/HRC/8/26
Page 4
8.
Mr. Goolam E. Vahanvati, the Solicitor General of India, stated that India has a long tradition
of promoting and protecting human rights. The Solicitor General noted that after its independence,
India chose democracy as its political set up to ensure a free and independent society and human
dignity, freedom and advancement. This was the first step. The second was to draft and adopt a
written constitution, so as to effectuate a constitutional democracy which becomes an organic
guarantee of human freedoms and rights. And thirdly in the forefront of the Constitution, they
incorporated a chapter on fundamental rights contained in articles 12 to 32 of the Constitution.
9.
In the Constitution of India, the three pillars of human rights are (a) the right to equality
including the prohibition of discrimination in any form, (b) the six vital freedoms of citizens
(including the right to speech and expression) and (c) the right to life guaranteed to all persons.
These rights have been recognized to be inalienable, unalterable and part of the basic structure of
the Constitution which cannot be abrogated. India’s Supreme Court has interpreted the right to life
as including the right to live with dignity, right to health, education, human environment, speedy
trial and privacy, to name a few. The Constitutional guarantee of human rights is ensured by making
fundamental the right to access the Supreme Court for enforcement of human rights.
Simultaneously, the broadest possible powers have been given under article 226 of the Constitution
to the High Courts in the State to issue high prerogative writs for the enforcement of human rights
and for any other purpose.
10. He noted that the functioning of democratic institutions for the last six decades has been
extraordinary and that equally, and if not more importantly, is the smooth and seamless transfer of
power on conclusion of elections.
11. Much of the focus of governmental activity has been to improve the provision of services
through grass-roots local self-governance institutions, particularly in rural areas. This is because
India believes that development through decentralized democratic institutions is more equitable and
accountable.
12. India has taken an important initiative for the empowerment of women by reserving one-third
of all seats for women in urban and local self-government, thus bringing over one million women at
the grassroots level into political decision making.
13. India stated that it considers and accepts a free media as one of the most vital pillars of
democracy and a valuable guardian for the protection of human rights.
14. The delegation noted that India has guaranteed human rights to all persons in India and this
includes a commitment to secularism and the protection of minorities. India has secured their right
to practice and preserve their religious and cultural beliefs as a part of the Chapter on Fundamental
Rights. An array of legislative and executive measures has been taken for the effective
implementation of safeguards provided under the Constitution for the protection of the interests of
minorities.
15. India has been deeply conscious of the need to empower the Scheduled Castes and Scheduled
Tribes and is fully committed to tackle any discrimination against them at every level. The
Constitution of India abolished “untouchability” and forbids its practice in any form. There are also
explicit and elaborate legal and administrative provisions to address caste-based discrimination in
the country. The caste system, which is unique to India, is not racial in origin, and therefore, caste
based discrimination cannot be considered a form of racial discrimination.
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