General comments by India on consideration of the Resolution on “Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers” during 44^th Session of the Human Rights Council (30 June – 21 July 2020) delivered by Ambassador Rajiv K. Chander, Permanent Representative of India [16 July 2020, Geneva]

Madam President,

We are of the view that an independent judiciary is indispensable for upholding rule of law, democracy, human rights and fundamental freedoms.

2. The resolution under consideration aims at promoting an independent and impartial judiciary through augmentation of capacity building measures. It highlights the importance of having an effective framework of remedies to redress human rights grievances or violations. Provision of human rights training for judges, prosecutors and lawyers with aspects of international human rights law, use of appropriate technical solutions and ensuring adequate resources would broaden the access to justice and fair trial while strengthening accountability and integrity of the judicial services.

Madam President,

3. Developing an effective and sustainable legal aid system, efforts towards synchronization of national laws with the international obligations of the States, ensuring the right to a fair trial, the right to an effective remedy for violations of human rights would be the right steps in ensuring effective domestic mechanisms of States.

Madam President,

4. In light of these observations in the resolution, India would co-sponsor the resolution and extend support to the renewal of the mandate of the Special Rapporteur on the independence of judges and lawyers. We hope the mandate would carry forward the objectives as envisaged in the resolutions.

Thank you, Madam President.