Statement by India under Agenda Item 3: Interactive dialogue with the Special Rapporteur on the Independence of Judges and Lawyers, during the 47th Session of Human Rights Council (21 June – 15 July 2021) delivered by Mr. S. Senthil Kumar, First Secretary, Permanent Mission of India, (Geneva, 28 June 2021)

Thank you, Madam President,

My delegation thanks the Special Rapporteur for his comprehensive presentation of the report. We have taken note of the conclusions and recommendations.

2. Our vibrant and independent judiciary has been one of the key pillars of our democratic polity. It has, through landmark judgements and innovative mechanisms, ensured and enhanced the justiciability of human rights, including economic, social and cultural rights, of our citizens.

3. We believe that access to justice is fundamental to preserve the rule of law and to uphold democracy, human rights and fundamental freedoms. The judiciary in India have remained engaged in dealing with the unprecedented challenges posed by COVID-19 pandemic, including through its abiding commitment to ensuring the delivery of and access to justice.

4. Detailed guidelines have been issued by the Supreme Court of India on functioning of the Courts in India through video conferencing during COVID-19 pandemic. Through the National e-Governance Plan, ICT enabled infrastructure has been put in place across all Courts, including District Courts’, which constitute the initial interface of the court system with the citizen.

5. We agree with the SR’s observation on taking measures to protect the right of prisoners to life and health. We have taken measures to prevent the overcrowding of prisons during the pandemic by releasing prisoners based on the recommendations of High-Powered Committee set up in each State, pursuant to the Supreme Court’s direction.

6. We would like to hear from the SR on what more measures can be suggested for the States to guarantee access to justice for their peoples during COVID-19.

I thank you Madam President.

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