Middle intervention by H.E. Mr. Tushar Mehta, Learned Solicitor General of India, Head of the Delegation during the Universal Periodic Review (UPR) of India in the 41^st session of the UPR Working Group (7-18 November 2022)

[Geneva, 10^th November 2022]

Thank you, Mr. President.

Let me begin by thanking all the States that have intervened from the floor so far.  I will now address some of the issues touched upon by them. First let me speak upon the question of Human Rights Defenders.

2.  India appreciates the important role played by human rights defenders, civil society groups and journalists in our democratic polity, contributing to our goals of keeping it open, pluralistic, and inclusive.

3.  India has always condemned instances of harassment, intimidation, smear campaigns and violent attacks against human rights defenders, activists and journalists and their family members. At the same time, the activities of the human rights defenders should be in conformity with the law of the land.

4.  India is committed to ensure a safe environment for people engaged in promotion and protection of human rights and have introduced a number of legislative and executive measures to facilitate their work.

5.  The Right to Information Act, 2005 has enabled the people to secure access to information under the control of public authorities and thereby promote transparency and accountability.

6.  The Whistle Blowers Protection Act, 2014 establishes a mechanism to receive complaints against public servants and provides adequate safeguards against victimization of the person making such disclosures.

7.  National Human Rights Commission has set up a dedicated 24x7 focal point for receiving and examining complaints about alleged violation of human rights of human rights defenders. In addition, they can also approach the judiciary for the redressal of any alleged violations.

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So far as the question raised by the Member States concerning Foreign Contribution (Regulation) Act (FCRA), India is home to over a hundred thousand vibrant, proactive and independent Civil Society Organizations and Non-Governmental Organizations (NGOs), which play an important role in the protection and promotion of the human rights.

2.  The Foreign Contribution (Regulation) Act (FCRA) provides the basic framework under which NGOs wish to seek funds from abroad for their activities in India. The legal provisions of the Act are similar to regulations in other democratic countries.

3.  The process of registration under the Act is transparent and technology driven. All data related to registration, renewal, annual returns, etc. are in the public domain. In cases of refusal, reasons/provisions under the Act and rules are specifically cited and the applicant is duly informed.

4.  Even if any renewal application is rejected or canceled, the Organisation can still continue its operations, and receive foreign funds by seeking permission on a case-to-case basis.

5.  As per current data, 16,542 organisations are eligible to receive foreign funds under the Act.

6.  Actions were taken against some organisations due to their illegal practices, including mala fide rerouting of money, and wilful and continuing violations of extant legal provisions, foreign exchange management rules and tax laws of India. It is important to reiterate that civil society organisations are permitted to operate in India, but must do so in accordance with the law.

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 Now coming to the issue regarding Jammu and Kashmir, the entire Union Territories of Jammu and Kashmir and Ladakh were and will always be an integral and inalienable part of India.

2.  After the constitutional changes and reorganization of the erstwhile State of Jammu and Kashmir, the people of the region are now able to realize their full potential as in other parts of the country.

3.  Despite the continued threat of cross-border terrorism, the security situation has improved significantly in J&K since August 2019.

4.  Extension of over 800 people friendly and progressive central laws to the region has ensured better opportunities for all the people of Jammu & Kashmir and Ladakh. These central laws include affirmative action for the vulnerable sections; the Right to Free and Compulsory Education, non-discriminatory inheritance laws, protection against domestic violence and empowerment of women, decriminalisation of same-sex relations and conferment of rights to transgender persons.

5.  The Government of India has taken several steps for all round development of Jammu and Kashmir including restoration of democracy at the grassroot levels, good governance, unprecedented development of infrastructure, tourism and trade. This year Jammu and Kashmir has already received over 16 million tourists, the highest ever so far.

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So far as the question concerning Freedom of Religion or Belief/Rights of Minorities is concerned, my colleague from the Ministry of Minority Affairs has outlined in detail various provisions in the Constitution, relevant legislations and other administrative measures to ensure welfare of minorities who have continued to prosper and grow.

2.  I would like to reiterate that India is a multi-lingual, multi-ethnic and multi-religious society and we not only respect but celebrate our diversity.

3.  The provisions embodied in the Constitution of India related to freedom of religion have evolved over the years through robust legislations and spirited interpretation by Courts.

4.  Further, various states in India have enacted Freedom of Religion Act to ensure freedom of religion guaranteed under the Constitution. Such legislations impose restrictions on and prohibit conversions from one religion to another by the use of force, inducement, allurement, or fraudulent means. Referring to such legislation as anti-conversion laws would be a misnomer. The Supreme Court has upheld the constitutional validity of State’s freedom of religion Act.

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So far as the question concerning the Abolition of Death Penalty is concerned, in India, death penalty is imposed only in ‘rarest of the rare’ cases when the alternative option is unquestionably foreclosed, where the crime committed is so heinous, that it shocks the conscience of the society. While imposing death sentence, the Court has to record its special reasons for arriving at such a drastic conclusion.

2.  There is no mandatory death sentence for any offence, since it “runs contrary to those statutory safeguards which give judiciary the discretion in the matter of imposing death penalty.”

3.  There are requisite procedural safeguards under law, including right to a fair hearing by an independent Court, presumption of innocence, guarantee for defence, and right to review by higher courts. Death penalty in India must necessarily be confirmed by a superior court, whether challenged by the accused convict or not.

4.  The Supreme Court of India has adopted guidelines on clemency and treatment of death row prisoners wherein ‘poverty, socio-economic, psychic compulsions, undeserved adversities in life’ constitute new mitigating factors to be considered by Courts in commuting a death sentence to life imprisonment.

5.  Where death sentence is imposed, multiple avenues of review of death penalty are available to the death convict, including at the judicial level and at the executive level. The President of India and the Governors of the States have the power to grant pardon, reprieves, respites or remissions of the punishment, or to suspend, remit or commute the sentence of death. There is also provision to file a curative petition under the Constitution of India, where the Supreme Court of India can review its own judgment or the order.

Thank you, Mr. President.

Now, I hand over the floor again to you.

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