A/HRC/21/10
66.
Chad inquired about India’s understanding of secularism. Chad made a
recommendation.
67.
Chile commended the adoption of the National Green Tribunal Act; the Right to
Education Act; the policy incorporating a gender perspective and the measures to assist
vulnerable castes. It encouraged India to continue its efforts to address discrimination.
Chile made recommendations.
68.
China appreciated India’s efforts to safeguard the rights and interests of women and
children, to provide free and compulsory education for children and to reduce its infant and
maternal mortality rates. In other areas, China welcomed steps taken protecting
employment rights and those of the elderly.
69.
Cuba noted India’s progress in implementing the recommendations from its first
review. It recognized the progress shown in the different areas including rural health. Cuba
made recommendations.
70.
The Czech Republic expressed regret that ongoing legislative procedures continued
to delay India’s ratification of CAT. It expressed its appreciation of India’s cooperation
with international mechanisms. It made recommendations.
71.
Ecuador stated that India had made significant changes in human rights in areas
which included universal education, empowerment of women, food sovereignty, social
inclusion and the fight against discrimination. Ecuador made a recommendation.
72.
Egypt expressed interested in India’s National Rural Employment Guarantee Act
and requested more information. It made recommendations.
73.
Finland expressed its appreciation for India’s policies and programmes to improve
maternal health. However, it raised its concern over maternal deaths due to unsafe
abortions. It made recommendations.
74.
India stated that the Convention against Torture may only be ratified once the
definition of torture was fully reflected in domestic legislation. The Lok Sabha passed the
Prevention against Torture Bill in 2010 but the Rajya Sabha referred the Bill to a Select
Committee whose report was being examined. Nevertheless, there were sufficient
provisions in Indian law prohibiting torture, including the Indian Penal Code. Also, the
right to life under article 21 of the Constitution encompassed the right to live with dignity.
The provisions in the Constitution and Criminal Procedure Code against self-incrimination,
the obligation to produce an arrestee before a magistrate within 24 hours of such arrest and
to ensure that the arrestee is informed of the grounds of arrest, provide further safeguards.
75.
Freedom of speech and expression was a fundamental right, guaranteed by the
Constitution, with accepted restrictions. India’s vibrant media bore testimony to this. The
Information Technology Act amended in 2011 had no provision to restrict or block Internet
contents. Removal of illegal contents, including child pornography, should not be construed
as restricting Internet freedom; such restrictions were addressed towards cyber-security,
essential for increasing e-commerce and Internet use.
76.
The delegation stated that through MGNREGA, over 12 billion person-days of work
had been generated with a total expenditure of over US$ 30 billion, benefitting 54 million
families. It also provided a safety net to the 92 per cent of workers who are unorganized,
mostly in rural areas.
77.
The death penalty was imposed with strong procedural safeguards when life
imprisonment appeared inadequate. The President of India and the Governors of the
respective states had the power to grant pardons, reprieves, remission or suspension for any
offence. Statistics on the death penalty and commutations granted were provided.
9
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