A/HRC/21/10
security. These included the landmark Mahatma Gandhi National Rural Employment
Guarantee Act (MGNREGA), the Right to Education Act of 2009 and the National Food
Security Bill.
9.
Transparency in governance was brought about through the RTI, Citizens Charter
and E-governance. The right to approach the Supreme Court for enforcement of
fundamental rights was elevated by the Constitution to the status of a fundamental right.
Also, enforcement of social, economic and political rights was advanced by the effective
use of “public interest litigation”.
10.
Terrorism and insurgency posed existential threats. Left-wing extremism and
violence was an internal challenge which was being met with resolve coupled with
compassion and people-oriented development.
11.
The Armed Forces Special Powers Act (AFSPA) 1948 was held to be constitutional
by the Supreme Court. Several checks and balances had been introduced with strict
guidelines when dealing with terrorists and insurgents, and that violations were dealt with
swiftly and transparently. The implementation of this Act remained under constant review.
12.
The delegation referred to India’s standing invitation to special procedures of the
Council and stated that in 2011 Christoph Heyns, Special Rapporteur on extrajudicial,
summary or arbitrary executions, visited India. The Supreme Court and National Human
Rights Commission (NHRC) promptly looked into allegations of enforced disappearances.
Also, India had been working closely with the United Nations Office on Drugs and Crime
to strengthen response against trafficking in persons.
13.
For centuries, India had welcomed all religious denominations, minorities and
refugees, including the Jewish community which had lived in India for thousands of years
without discrimination, and the Zorastrians/Parsis over hundreds of years or, more recently,
refugees from Tibet, Sri Lanka, Myanmar and other countries. India’s practices on refugees
were far more developed, caring and humane than that provided for in the current
international regime.
14.
The last four years had seen tremendous strides in focusing on groups needing
special attention including children, women, the disabled, the elderly, minorities, Scheduled
Castes and Scheduled Tribes.
15.
India’s efforts in the sphere of social and economic advancement had been
significant. Poverty had declined by 9 per cent in a decade. MGNREGA played an
extremely crucial role and provided 54 million households with employment in 2010 and
2011. Forty-eight per cent of the employment created was for women. The declining trend
in the unemployment rate between the years 2004–05 and 2009–10 was equally visible
among Scheduled Castes and Scheduled Tribes and minorities.
16.
India was also striving to achieve the Millennium Development Goals. It was on
course to meet the universal primary education goals. The infant mortality rate decreased
appreciably from 58 per thousand live births in 2005 to 47 in 2010. The maternal mortality
rate was down from 254 in 2004 to 212 per 100,000 live births in 2008, though much more
needed to be done.
17.
The Right to Education Act made primary education a fundamental right and
required the State to provide, by law, free and compulsory education to all children of the
age of 6 to 14 years. This Act contained several visionary changes, including the
requirement that schools must admit a minimum of 25 per cent of children who belong to
weaker sections and disadvantaged groups. This was a significant step towards social and
cultural integration and elimination of disparities in the country.
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