Statement by India under Agenda Item 3 Interactive Dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association (SR’s report on ‘Model Protocol for Law Enforcement Officials to Promote and Protect Human Rights in the Context of Peaceful Protests’) at the 55th Regular Session of the Human Rights Council (26 Feb - 5 Apr 2024), delivered by Jagpreet Kaur, Under Secretary, MEA
Geneva, 7 March 2024
Mr. President,
1. We thank the Special Rapporteur for presentation of the report.
2. The Indian Constitution guarantees the right to peaceful assembly and the right to form associations and unions as a fundamental right. Our judiciary, including at the highest level of the Supreme Court, has through several judgements further elaborated the importance of the right to peaceful assembly in our Constitutional system.
3. The law enforcement authorities and security forces of India are required to deal with law and order and security situations strictly in accordance with the principles of legal certainty, necessity and proportionality.
4. There are effective mechanisms in place to address any allegations of violations. India also continues to prioritize human rights education as an integral part of the induction and in-service trainings imparted to police, security and judicial service personnel.
Mr. President,
5. We have noted the Special Rapporteur’s report highlighting the dimension of digital technology. In this context, we would like to request for the SR’s views on the potential for motivated actors to influence or vitiate peaceful protests by using digital technologies, and how the Model Protocol could suggest ways to address this issue.
I thank you.
