Statement by India under Agenda Item 3: Interactive Dialogue with the Working Group on Enforced and Involuntary Disappearances at the 54th Session of the Human Rights Council (11 September - 13 October 2023) delivered by Dr. P.R. Thulasidass, Under Secretary, Geneva, 19 September
Madam Vice-President,
We have taken note of the report of the Working Group on Enforced and Involuntary Disappearances.
2. India remains firmly committed to promote and protect human rights of its people. As a functional and vibrant democracy, based on the principles of rule of law and equality before law, India has instituted robust mechanisms to deal with violations of human rights, including our proactive and independent judiciary and our ‘category A’ National Human Rights Commission, compliant with the Paris Principles, and other National Commissions dedicated to welfare of women, minorities, children and other vulnerable groups.
3. Our independent judicial system, including High Courts and the Supreme Court, is authorised to issue writ of habeas corpus in case of allegations of "disappearances". Our law is very clear that there is no concept of “absolute immunity from trial by the criminal court” when it concerns any offence committed by anybody including security forces. It’s clear that law enforcement agencies have to operate within the law.
4. The right to truth for victims of enforced disappearances is guaranteed through the enactment of the Right to Information Act 2005. This also fulfil our obligation under Article 19 of the ICCPR to ensure the “freedom to seek, receive and impart information of all kinds.
5. India, as a responsible member of the Human Rights Council, will continue to cooperate with the Working Group and provide it with the necessary information, as available and appropriate.
I thank you.
