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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