A/HRC/8/26
Page 15
73. India noted that Canada, as well as others, referred to the impunity for human rights violations
under the Armed Forces Act which was incorrect. India stated that no forces, armed or police,
function with impunity. Armed forces were under strict orders not to transgress human rights and
the strictest action is taken, and incidents are swiftly adjudicated, including through courts-martial.
74. Regarding castes and racial discrimination, India noted that both Canada and Germany
mentioned India’s position on the scope of the International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD). India stated that their position on ICERD is unchanged
and that while they recognize that caste-based discrimination exists in India, since the caste system,
which is unique to India, is not racial in origin, caste based discrimination cannot be considered a
form of racial discrimination.
75. Regarding questions on minorities from Saudi Arabia and Bangladesh, India noted that
minorities, both religious and cultural, enjoy a very special status. The right to administer
institutions of their choice for imparting education and carry on their religious instructions and
cultural life is a fundamental right which has been repeatedly protected in a series of judgments by
the Supreme Court. The Prime Minister’s 15-Point Programme contained interesting elements such
as enhancing opportunities for education. One of the greatest successes in this area has been the
increase in the number of Muslim women who are turning to organize education in the secular
sphere. This will greatly contribute towards the mainstreaming of minorities. In communal-sensitive
areas, India has set up street-level, district level committees to bring about a greater sense of
understanding and tolerance. This has had great success in eliminating mistrust and suspicion.
76. With regard to human rights education, India stated that a novel programme in the form of the
national legal literacy program, started in 2005, works to increase awareness of legal rights and
make the people aware of their legal rights and that they have access to courts, particularly for
people in rural areas.
77. India noted that they do maintain statistics with regard to scheduled castes and scheduled
tribes and that these statistics are in the public domain.
78. In relation to a question by the Republic of Korea on the displacement of tribal people from
forest lands, India noted that based on a Supreme Court decision, no land can be diverted from
forest use, without prior approval and there can be no displacement unless there is a comprehensive
proposal to resettle the tribes as part of the project. This had been the position in regard to
implementation of mining projects in Orissa as well.
79. India noted that some states have passed anti-conversion acts to check and regulate forced
conversions.
80. Nigeria mentioned enforced disappearances and India noted that it had signed the Convention
on the Protection of Persons from Enforced Disappearance on the day it opened for signature last
year and that the process of ratification was now under way.
81. With reference to Latvia and Switzerland’s question on a standing invitation for special
procedures, India stated that it could not agree to standing invitations, but it had been extremely
open and had extended invitations whenever approached. India believed that as a developing
country with limited capacities, it needed to properly prepare for such visits for which sufficient
notice is required.
82. In relation to a question from the Syrian Arab Republic on the role of the judiciary in
protecting human rights, India noted that the judiciary is the sentinel and watchdog of human rights
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