Statement by India under Agenda Item 3 : Interactive Dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence at the 54th Session of the Human Rights Council (11 September - 13 October 2023) delivered by Mr. Mohammed Hussain K.S., First Secretary, Permanent Mission of India, Geneva, 13 September 2023
Mr. President,
We take note of the report of the Special Rapporteur.
We strongly believe that States have the sovereign duty to take action against violations of human rights. India has robust democratic institutions, vibrant judiciary, and national institutions and mechanisms for the protection and promotion of human rights which have been established in pursuance of our constitutional provisions, domestic laws and international commitments.
India has built in mechanism in the criminal justice system for access to justice, transparency and compensation to victims, including to address excesses committed by government officials and members of security forces. In case of violation of law, the due process of law takes its own course.
Recently, Government of India presented three bills in the Parliament with a view to replace the Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
Mr. President,
Much needed conceptual and legal clarity on crimes having universal jurisdiction is yet to emerge. Under customary international law, piracy is the only one such crime, over which claims of universal jurisdiction is undisputed. In respect of certain serious crimes like genocide, war crimes, crimes against humanity etc., international conventions have provided basis for the exercise of a sort of universal jurisdiction, which is applicable between the States parties to those treaties.
I thank you.
