A/HRC/21/10
131. On the Communal Violence Bill, the delegation stated that India was a land of
diversity covering all major religions, where minorities enjoyed the highest level of
protection. Sporadic acts of violence were dealt with swiftly and effectively. Being a
matter of federal polity, the Central Government had to take on board views of all Indian
states, some of which believed that the existing laws were adequate to address communal
violence, as seen from declining incidence.
132. With regard to the prosecution of Armed Forces, it was emphasized that the Army
and paramilitary forces maintained continuous vigilance to prevent human rights violations.
The Army established the Human Rights Cell even before the NHRC was established.
133. India’s practices with regard to refugees was one of tolerance and understanding,
and to provide hospitality and protection to those who approach it.
134. The human rights curriculum in schools and modules to create human rights
sensitivity and skill were in place among teachers, public officials and law enforcement
agencies.
135. The RTI promoted human rights by enabling any citizen to seek any information
from public authorities. This information could include any document, notes and even
drafts on Government records. It had not only led to effective enforcement and proper
governance but was also used for accessing the courts under articles 32 or 226 of the
Constitution.
136. India took serious exception to and rejected totally the intervention that stated that
the judiciary lacked transparency. The judiciary had taken an incredible role with regard to
enforcement of fundamental rights and had never been accused of not being transparent.
The delegation acknowledged that there were aspects of delay, but emphasized that efforts
were being made to address this issue.
137. The head of the delegation stated that he represented an India built on the solid
foundations laid after independence, a new India, which was confident but not overconfident, a country proud of its strengths and at the same time willing to acknowledge and
address weaknesses. It was an India which was self-assured but not arrogant, a country
which was sensitive and humane without being weak or apologetic, and an India
determined to promote and protect the human rights of its people in its secular democratic
polity.
II. Conclusions and/or recommendations**
138. The recommendations formulated during the interactive dialogue and listed
below will be examined by India who will provide its responses in due time, but no
later than the 21st session of the Human Rights Council in September 2012. These
responses will be included in the outcome report adopted by the Human Rights
Council at its 21st session:
138.1.
**
14
Ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol; the
International Convention for the Protection of All Persons from
Enforced Disappearance and the Statute of the International
Criminal Court (Spain);
Conclusions and recommendations have not been edited.
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