UN Committee Reviews India's Discrimination Issues

• International Commitments: India ratified the International Convention on the Elimination of All Forms of Racial Discrimination in 1968.

• Concerns from U.N. CERD: In its first review since 2007, the U.N. Committee on the Elimination of Racial Discrimination (CERD) expressed "grave concern" regarding:

  • Violence Against Minorities: Reports of law enforcement using violence against minority ethnic groups, Dalits, and non-citizens.
  • Caste Discrimination: The Indian government's assertion that caste bias does not fall under Article 1 of the convention has been countered by CERD, which recognizes various forms of discrimination based on inherited status.

• Legal Framework Issues:

  • Concerns about the practice of manual cleaning of sewers despite existing legislation banning it.
  • The absence of explicit criminalization of racist hate speech under the Bharatiya Nyaya Sanhita.
  • The Forest (Conservation) Amendment Act, which allows exemptions for "national security" projects from consultative decision-making processes.

• Rights of Rohingya Muslims: Issues surrounding poor living conditions, hate speech, and mass refoulement of Rohingya Muslims were highlighted.

• Census and Data Issues:

  • The delay in conducting a Census and slow release of NCRB data has hindered independent checks on India’s claims regarding caste- and faith-based discrimination.
  • The government’s reliance on 2011 Census data could obscure the socio-economic regression of Scheduled Tribes and Adivasis.

• Recommendations for Improvement:

  • Restoration of National Human Rights Commission (NHRC) independence.
  • Criminalization of hate speech.
  • Supportive affirmative action measures.
  • Collection and publication of disaggregated data.
  • Improvement of transparency regarding electoral roll revisions.

• Government's Stance:

  • The government attempted to classify the issues affecting 200 million Dalits as domestic matters to circumvent international accountability.
  • Dismissal of CERD’s concerns as politically motivated suggests a trend towards minimizing international oversight on human rights issues.

• Civil Society Role: The responsibility for advocacy and maintaining pressure on the government has largely fallen to civil society groups, especially in multilateral platforms to address discrimination practices.

• Legislative Tools Cited:

  • FCRA: Foreign Contribution Regulation Act.
  • UAPA: Unlawful Activities (Prevention) Act.
  • AFSPA: Armed Forces Special Powers Act.
  • PMLA: Prevention of Money Laundering Act.

These issues reinforce the ongoing challenges facing India in addressing discrimination and protecting the rights of marginalized communities, alongside the need for greater transparency and accountability in governance.