Statement by India under Agenda Item 3: Interactive Dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association at the 53rd Session of Human Rights Council (19 June - 14 July 2023) delivered by Mr. Pawan Badhe, Counsellor, Permanent Mission of India, Geneva, 28 June 2023
Mr. President,
1. We thank the Special Rapporteur for his report on ensuring accountability for violations related to exercise of freedom of peaceful assembly and association.
2. The right to peaceful assembly and to form association and unions has been recognized as a fundamental right under the Indian Constitution. The Supreme Court has ruled that the Constitution also guarantees the right to peaceful protest.
3. The Indian Constitution and the laws made thereunder have elaborate and stringent provisions to safeguard the fundamental rights of Indian citizens. All the fundamental rights, guaranteed under the Constitution, are justiciable and people can take recourse to the Supreme Court and High Courts for their enforcement. It is the responsibility of the Government to ensure that every citizen of India is treated equally before the law and no-one is considered above the law.
Mr. President,
4. While conscious of its responsibility to maintain law and order and protect the sovereignty and integrity of the nation, the Government has remained committed to enable the people to enjoy the rights to freedom of peaceful assembly and association.
5. As the world’s largest democracy with a free media, vibrant civil society and a robustly independent judiciary, India has been committed to fulfilling its human rights obligations.
Thank you, Mr. President.
