International Commission of Jurists

International Commission of Jurists’ Submission to the UN Human Rights Committee on India’s Human Rights Record

Jul 19, 2024 | Advocacy, News

On 3rd June 2024, the International Commission of Jurists (ICJ) made a submission to the Human Rights Committee (the Committee) on India’s human rights record under the International Covenant on Civil and Political Rights (ICCPR). 

The ICJ drew the Committee’s attention to significant concerns arising from India’s failure to comply with its obligations under the ICCPR, and the consequences for the protection of certain Covenant rights. In particular, the submission addresses human rights concerns arising in the following contexts:

  • The independence of the judiciary and the administration of justice, including the lack of a transparent system of selection and appointment of Judges insulated from executive interference (articles 2 and 14, ICCPR);
  • Violations of the right to life, the prohibition of torture and the right to liberty, and specifically torture, extrajudicial killings and enforced disappearances (articles 2, 6, 7, 9 and 16, ICCPR). Human rights violations by the police and security forces are made possible due to gaps in the domestic legal framework and exacerbated by the lack of accountability of and immunity enjoyed by public servants;
  • Arbitrary prosecutions and prolonged detention of human rights defenders under overbroad national security laws, including the Unlawful Activities Prevention Act, 1967 and criminal laws on sedition (articles 9, 14, 19, 21 and 22, ICCPR);
  • Arbitrary restrictions on human rights defenders, particularly under the Foreign Contribution Regulation Act (FCRA) 2010 (articles 19, 21 and 22, ICCPR);                                              The Citizenship Amendment Act and National Register of Citizens, which discriminate against people on the basis of religion and render large numbers of Indians stateless (articles 2, 24 and 26, ICCPR); and
  • Arbitrary and disproportionate restrictions on freedom of peaceful assembly and association including the criminalization of dissenting protestors (articles 2, 9, 14, 19, 20, 21, 22 and 26, ICCPR).

The ICJ also made a number of recommendations in its submission with a view to addressing these concerns.

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