Statement by India under Agenda Item 3 : Interactive Dialogue with
Special Rapporteur on the rights to freedom of peaceful assembly and of association at the 44th Session of the Human Rights Council
(30 June – 21 July 2020) delivered by Mr. S. Senthil Kumar,
First Secretary, Permanent Mission of India (Geneva, 09 July 2020)
Mr Vice-President,
We thank the Special Rapporteur for the presentation of the Report and taken note of the recommendations.
My delegation believes that the right to peaceful assembly and of association rests at the core functioning of the democratic systems and is closely related to the cornerstones of democracy and pluralism.
The Constitution of India guarantees fundamental rights to peaceful assembly and to form associations or unions. We consider that the right to freedom of peaceful assembly is a crucial tool of public participation. In cases, where the fundamental rights under the Constitution are restricted by administrative actions, our independent judiciary acts as a primary reviewer of such actions, applying the standards of necessity and proportionality.
Mr. Vice-President,
While we agree with the SR’s obsevation that the effectiveness of measures to defeat COVID-19 depends on the ability of governments to secure people’s participation and trust and the role of civil society organisations to mitigate its effects, we would like to ask the SR as to what additional measures that the States can take to respect human rights in order not to infringe upon the rights to freedom of peaceful assembly and of association, during the pandemic situation.
Thank you Mr. Vice- President.
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