UNHRC Council members recommended a revision in India’s policies on many subjects.
India’s Foreign Contribution Regulatory Act (FCRA), a repeal of the Armed Forces Special Powers Act, decriminalisation of homosexuality and the inclusion of marital rape in Indian laws on sexual violence are laws discussed in UNHRC.
What is the issue?
FCRA is a legitimate law that NGOs wishing to operate in India must follow, Attorney-General of India told the UN’s Human Rights Council at Geneva.
The attack on the FCRA act came from nearly a dozen countries, mostly from Europe.
The charge was led by the U.S. and Germany, who called the Act and the government’s actions “arbitrary”.
“India must defend the right to freedom of association, which includes the ability of civil society organisations to access foreign funding, and protect human rights defenders effectively against harassment and intimidation,” as said by the German Ambassador.
While the U.S. envoy decried the “complete lack of transparency” in the implementation of the FCRA.
Modification in FCRA has led to the licences of about 14,000 of NGOs being cancelled because of alleged violations.
The government also faced criticism on violence against religious minorities from a number of countries.
Pakistan’s accused India of failing to protect minorities “especially Muslims” from “mob violence” and “attacks by extremist groups affiliated to the government.”
Attacks on Africans in India appeared as a new subject of concern at the HRC proceedings.
The government accepted responsibility and pledged to prosecute all those responsible for the brutal beating of African students.
Nearly all 112 countries at the 5-yearly review of India’s record called for India to ratify the UN Additional Convention against Torture (CAT).
India is one of only nine countries which haven’t yet implemented the Torture convention, despite signing on to it in 1997.
In 2012, India had also given a unilateral pledge to ratify CAT, but has yet to move forward on it, despite a Supreme Court directive in the matter.
Responding to criticism from the countries at the HRC over the AFSPA, that gives forces operating in states like Jammu Kashmir and Manipur immunity from prosecution.
India said the Act applies “only to disturbed areas where the law and order machinery is dealing with exigent circumstances like terrorism.”
India won support from Bangladesh, Bhutan, Sri Lanka and Nepal, who said “True to its multi-ethnic, multi-religious and multi-linguistic characteristics, India has been successful in upholding the ethos of respect for diversity and plurality in the country.”
