A/HRC/8/26
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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
towards accepting evolving international human rights norms and remains committed to continue
doing so. There are instances where India has adhered to the basic norms of an international
instrument without becoming a party to it such as the 1951 Convention on the Status of Refugees.
In some other cases, the domestic norms go beyond the prevalent international norms; such as the
high level of justiciability of economic, social and cultural rights. India noted that its own
experience of being reviewed reconfirmed its belief in the huge potential of the UPR. Yet, the
process and the success of the mechanism would depend on constructive engagement by identifying
concrete areas for cooperation which would make a real difference on the ground.
II. CONCLUSIONS AND/OR RECOMMENDATIONS
86.
In the course of the interactive dialogue the following recommendations were made:
1.
Expedite ratification of the Convention against Torture (United Kingdom France,
Mexico, Nigeria, Italy, Switzerland, and Sweden) and its Optional Protocol (United
Kingdom);
2.
Continue to fully involve the national civil society in the follow-up to the UPR of
India, as was done for its preparation (United Kingdom);
3.
Continue energizing existing mechanisms to enhance the addressing of human
rights challenges (Ghana);
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