Permanent Mission of India
Geneva

31st Session of the Human Rights Council
[24 March 2016]

Resolution A/HRC/31/L.21 as orally revised-The promotion and protection of human rights in the context of peaceful protests

Explanation of Vote before the vote by India

Mr. President,

India would like to make this Explanation of Vote on L.21 as orally revised.

We would like to thank the core group for their constructive engagement. We share the thrust of the draft resolution. The ability to protest peacefully is an essential enabler for other rights and freedoms. Peaceful assembly is a crucial tool of public participation.

As the largest democracy in the world, India is committed to rule of law. The Constitution of India guarantees all fundamental rights, the freedom of speech and expression as well as freedom to peaceful assembly including peaceful protests. No person can be divested of these rights. They are incapable of being taken away or abridged. However, every right has a corresponding duty. Enjoyment of rights always entails a degree of responsibility. Our Constitution clearly recognizes these inherent, reasonable  restrictions, clearly related to the purpose enshrined under the right.

In a democratic polity the fundamental right of each citizen is sacrosanct. However, the collective cannot undermine the same. The persons or the organizations should always be cognizant that in the name of demonstration or protest, the life of a civilized society cannot be allowed to be paralyzed. In the name of legitimate exercise of one's right to protest, the fundamental right of others cannot be scuttled. International Covenant on Civil and Political Rights clearly acknowledges the admissibility of restrictions as long as they are not unreasonable and arbitrary.

The joint compilation of the SRs' recommendations could certainly generate interest in acknowledging the core objective of upholding freedom of peaceful assembly and association. However, these recommendations are highly imbalanced, and, do not recognize, in ample measure, the degree of responsibility of the participants in the assemblies.

Mr. President.

We thank the sponsors of this resolution for incorporating some of our suggestions into this resolution. 

However, we continue to believe that the draft resolution is short on giving due recognition to relevant provisions of ICCPR, and also on the responsibility of protestors to operate peacefully within the national legal framework.  India has therefore supported the tabled amendments.

We will join in support of the draft resolution with the above express reservations and our support to the resolution is within the framework of our national laws as well as India's respective obligations under international human rights law.

Thank you.   

*******