Statement by India under Agenda Item 3 : Interactive Dialogue with
Special Rapporteur on “Promotion and Protection of the Right to Freedom of Opinion and Expression” 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, 10 July 2020)
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Madam President,
My delegation thank the Special Rapporteur for the presentation of the report.
2. We firmly believe that the ‘freedom of opinion and expression’ is one of the basic foundations of any democratic society. The Constitution of India guarantees all fundamental rights, the right to freedom of speech and expression, as well as the right to freedom of peaceful assembly, including peaceful protests.
Madam President,
3. We are fully conscious that India being a vast and diverse country with the huge population, the emergency responses to the pandemic have to be tailored to each of the specific provinces, instead of implementing one-size-fits-all approach.
4. In order to reduce the public health risks, the Government of India is undertaking active measures for disseminating proper information which includes allowing access to internet and preventing social stigmatisation, in synergy with the provincial governments to identify the specific issues faced in different regions and take measures to mitigate them in line with our human rights obligations and the Indian Constitution.
Madam President,
5. We reject the references made by the SR against our country regarding ‘access to internet’ and ‘peaceful protests’. India recognizes the importance of extending freedom of speech and expression towards access to internet, in particular during the Covid-19 pandemic situation. At the same time, the existing law and order and national security situation, and the occurrence of terror incidents with the external support that affect the integrity of the nation are being taken into account, while imposing the measures. These have been recognised by the Supreme Court in the case of Foundation for Media Professionals recently in May, 2020.
6. In this connection, it is important to recall the spirit of ‘Christchurch call for Action’ which India has fully subscribe to, that the respect for freedom of expression is fundamental. However, no one has the right to create and share terrorist and violent extremist content online.
I thank you, Madam President.
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