India's journey toward upholding human rights has been both complex and transformative. In 2024, India completed its 4th periodic review under the International Covenant on Civil and Political Rights (ICCPR), a significant milestone that reflects its commitment to aligning national policies with international human rights standards. This review process not only scrutinizes the country's adherence to civil and political rights but also offers a platform for addressing existing gaps and enhancing protections for its citizens.
The ICCPR, adopted by the United Nations General Assembly in 1966 and enforced from 1976, is a pivotal document ensuring the protection of civil and political rights globally. India ratified the ICCPR on April 10, 1979, thereby committing to uphold the rights enshrined in the Covenant. The ICCPR encompasses a wide array of rights including the right to life, freedom of speech, freedom of assembly, and the right to a fair trial, among others.
India's engagement with the ICCPR has evolved over the years, marked by periodic reviews that assess the progress made and challenges encountered in implementing these rights. The fourth review in 2024 signifies another chapter in this ongoing journey.
The ICCPR review process is comprehensive, involving the submission of a detailed report by the state party, followed by an interactive dialogue with the Human Rights Committee (HRC), a body of independent experts monitoring the implementation of the Covenant. Civil society organizations (CSOs) also play a crucial role, providing alternative reports and highlighting issues that may not be fully covered by the state’s submission.
India's 4th ICCPR review saw a broad participation from various stakeholders including government representatives, CSOs, and human rights advocates. The review addressed a wide range of issues from legislative reforms to specific human rights concerns affecting marginalized communities.
One of the focal points of the review was the status of legislative reforms aimed at strengthening human rights protections. India has undertaken several significant reforms, such as the Juvenile Justice Act and the Protection of Women from Domestic Violence Act, which have had a positive impact. However, concerns remain regarding the implementation of these laws and the independence of the judiciary, which is crucial for the impartial enforcement of human rights.
The review highlighted ongoing challenges related to freedom of expression and assembly. While India prides itself on being the world's largest democracy with a vibrant media landscape, issues such as internet shutdowns, restrictions on journalists, and the use of sedition laws have raised alarms. The HRC urged India to align its national laws with international standards to ensure that these fundamental freedoms are protected.
The protection of minority rights and the treatment of vulnerable groups, including Dalits, Adivasis, and religious minorities, were also scrutinized. Reports of discrimination and violence against these groups were a significant concern. The review called for enhanced measures to ensure their rights are protected and to address systemic inequalities that perpetuate their marginalization.
India’s progress in promoting gender equality and protecting women’s rights was acknowledged, but challenges persist. Issues such as gender-based violence, the gender pay gap, and the low participation of women in the workforce were discussed. The review emphasized the need for robust mechanisms to prevent violence against women and to promote their socio-economic empowerment.
The conduct of law enforcement agencies and the prevalence of custodial torture were critical issues. Despite legal frameworks prohibiting torture, reports of police misconduct and custodial violence continue to surface. The review recommended comprehensive police reforms and the establishment of independent oversight bodies to investigate allegations of torture and misconduct.
In response to the review, the Indian government reiterated its commitment to human rights and highlighted steps taken to address the concerns raised. These include:
The government also outlined plans for future reforms, indicating a proactive approach to addressing human rights issues.
Civil society organizations played a vital role in the review process, providing valuable insights and alternative perspectives. Their involvement ensures that a broad range of voices are heard, particularly those of marginalized and vulnerable groups. CSOs continue to advocate for greater transparency, accountability, and participation in the policymaking process.
Despite the progress made, India faces significant challenges in fully realizing the rights enshrined in the ICCPR. These include:
India's 4th ICCPR Human Rights Review marks a significant milestone in its ongoing journey toward upholding civil and political rights. The review process not only provides an opportunity to assess progress but also to address existing challenges and enhance human rights protections.
The collaborative efforts of the government, judiciary, civil society, and international bodies are crucial in this endeavor. By continuing to engage with the ICCPR and other human rights mechanisms, India can strengthen its commitment to human rights and ensure that the rights of all its citizens are upheld and protected.