PERMANENT MISSION OF INDIA TO THE UN, GENEVA
HUMAN RIGHTS COUNCIL
26TH SESSION (10-27h June 2014)
AGENDA ITEM 3: Interactive Dialogue with the Special Rapporteur on the Rights to freedom of peaceful assembly and association and the Special Rapporteur on the freedoms of expression.
(10 June 2014)
Statement by India
Mr. President
1. We thank the two Special Rapporteurs for their reports. We would like to address our statement on the report of the Special Rapporteur on the rights to freedom of peaceful assembly and association, Mr. Maina Ki ai.
2.In his report, the Special Rapporteur has highlighted the multiple challenges that specific groups he has identified as “marginalized” face in exercising their right to peaceful Assembly and Association. He has also recognized that these groups should not be viewed as monolithic or discrete and that individuals can claim multiple identities, experience marginalization at multiple levels and in different ways within those categories. In our view this is where the challenge for law enforcement agencies lies. In their line of duty, how for example will police protect one group from another or one individual from a particular group if the individual has multiple identities, one or more of which coincides with the identity of the person or group from whom he needs protection.
3. The Special Rapportuer has cited some instances in India under the challenges as “practices which threaten or impede the enjoyment of the right to freedom of peaceful assembly” and as well as under freedom of association. Article 19 of the Indian constitution provides for Freedom of Peaceful Assembly and association to all citizens without discrimination and distinction of any kind. These rights are fundamental rights, if violated; the aggrieved person can approach the highest Court of the land directly. Restrictions on the rights to freedom of peaceful assembly and association are prescribed by law and due care is taken that they do not harm the principles of pluralism, tolerance and broad-mindedness. The Courts in India have from time to time ruled against any impediments in the way of exercising the right to freedom of peaceful assembly. The Government has also taken measures to secure this right to all of its citizens, without any discrimination on the participants in such peaceful protests.
4. We would like to ask the SR whether these cases have been verified and substantiated. If not, would this not amount to a case of violation of the code of conduct of the Special Procedure as contained in Annex to Resolution 5/2 particularly articles 6 & 8? Incidents cited are vague and appears to be based on hearsay. In the absence of details about these alleged incidents, the Government regrets that it is not in a position to verify or comment on it.
Mr. President,
5. India’s programme of affirmative action is without parallel both in scale and scope. Apart from the Fundamental Rights to prohibit discrimination in any form, the Constitution also provides for advancement of Scheduled Castes (SC), Schedules Tribes (ST) and other backward classes (OBC). Legislative measures and guaranteed political representation provides for strong and robust protection for SCs and STs. A programme of ‘compensatory discrimination’ reserves 15% for SCs and 7.5% for STs in employment, education and a range of areas. Quota for the OBCs has also been earmarked. Their socio-economic backwardness has been specifically addressed in the Eleventh Plan through the approach of ‘faster and inclusive growth’ and a three-pronged strategy has been adopted namely: (i) social empowerment; (ii) economic empowerment; and (iii) social justice, to ensure removal of disparities and elimination of exploitation.
6. As the largest democracy in the world, India has afforded official and legitimate channels for espousing and organizing dissent. India will, therefore, continue to focus on the role of democratic governance with due care for vulnerable sections of the society, as an effective means and guarantor of human rights.
Thank you, Mr. President.
