A/HRC/8/26
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federal political structure in India certain separatist terrorist insurgencies particularly in the north
east of Indian territory have persisted for many decades and that this gives the lie to the received
wisdom that federalism or a measure of federalism is a sufficient condition for the eradication of
terrorist movements of a particularly intractable sort. Sri Lanka stated that it is a great admirer of
the manner in which India has developed a notion of nationhood which is broad and inclusive and
pluralist and admires India’s determination that the preservation, advancement and protection of
human rights in India shall be an Indian matter.
62. Ecuador noted that India is a country with a multi-cultural character and a vast legal history.
Taking this into consideration, Ecuador would like to know more about India’s approach to the
progressive implementation of social and cultural rights and how this is done without affecting the
cultural wealth, social diversity and customs and practices of the country.
63. Palestine expressed appreciation of India’s ability to feed its population of over 1 billion
people and stated that this is a great achievement that ought to be emulated and is a clear indication
of India’s success in economic planning and its implementation. Its Constitution is based on noble
values and principles. It has pursued a democratic path caring for the rights of women, children, the
elderly and disabled persons as well as respect for all religions. Palestine asked how has India
combined between this progress and the maintenance of social and cultural rights that are closely
linked to its traditions, civilization, legacies and time old humanist heritage.
64. The Syrian Arab Republic commended India for its report and the transparency and
cooperative spirit in which it was prepared. It requested additional information on the role of the
judiciary in setting the framework for promoting human rights in India.
65. Egypt mentioned that it was impressed with the extent to which fundamental human rights
principles are embodied in India’s Constitution as well as with its human rights infrastructure. It
raised questions regarding (a) the Right to Information Act 2005 and the tangible results achieved
so far through it, and (b) the successes and challenges encountered in integrating women in India’s
economic development efforts.
66. Slovenia thanked India for the comprehensive national report and asked questions on (a) steps
being taken to address the lack of national laws prohibiting corporal punishment in schools,
alternative care settings and the home, (b) measures taken to integrate a gender perspective into the
UPR exercise and the ensuing consultation and follow-up process, and (c) the civil Special
Marriage Act and the failure to amend the Act to give women equal rights to property accumulated
during marriage. In the latter regard, and by way of recommendation, Slovenia asked whether India
was planning to follow the recommendations made by CEDAW to amend the Act accordingly.
67. Sweden raised two questions, which it stated could also be seen as recommendations. India
has ratified or acceded to several instruments of international law relating to human rights but there
are also a number of instruments to which it is not a party, notably the Convention against Torture,
the refugee convention and ILO Conventions Nos.138 and 182 relating to child labour. Sweden
noted with interest India’s intention to ratify the Convention against Torture and encouraged the
Government to do so. It requested the Indian Government to elaborate on its efforts to ratify other
instruments of international law relating to human rights, in particular ILO Conventions Nos. 138
and 182 relating to child labour. Secondly, it stated that homosexual conduct is prohibited by the
Indian Penal Code and that civil society organizations have reported discrimination of homosexual,
lesbian, bi-sexual, transgender and transsexual persons both by agents of the State and on a general
societal level. Sweden asked the Indian Government about the measures it is taking to ensure full
equality before the law regardless of a person’s sexual orientation.
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