UNHRC’s examination of India’s periodic report after 28 years: Part 6

RAVI NAIR·JULY 9, 2024

The sixth article in the series related to the fourth periodic report submitted by India under Article 40 of the International Covenant on Civil and Political Rights (ICCPR) examines how the government of India made a valiant attempt to report insufficiently on the overcrowding of undertrials and the absence of hygiene or medical care in Indian prisons.

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THE flagship of the United Nations treaty body system will be examining India’s fourth periodic report in all probability on July 15 and 16, 2024. The Human Rights Committee (HRC) is the treaty body tasked to monitor compliance with the International Covenant on Civil and Political Rights (ICCPR).

In Issue no. 21 of the list of questions submitted to the government of India by the UNHRC, they were asked to report on the treatment of persons deprived of their liberty, which is Article 10 of the ICCPR.

“Please report on measures taken to address overcrowding in most prisons, including severe overcrowding in a number of states such as Chhattisgarh, and to improve prison conditions that are reported to be often life-threatening, due in particular to inadequate sanitation and medical care,” the UNHRC wrote.

A recent study has highlighted the prevalence of caste-based discrimination in prisons, stemming from archaic provisions of prison manuals in various states; particularly caste-based segregation and division of labour on the basis of caste.

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The fifth article in the series related to the fourth periodic report submitted by India under Article 40 of the International Covenant on Civil and Political Rights (ICCPR) examines the submissions on unlawful arrests and detentions and exposes the reality.

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Read Part 1 here.

Read Part 2 here.

Read Part 3 here.

Read Part 4 here.

THE flagship of the United Nations treaty body system will be examining India’s fourth periodic report in all probability on July 15 and 16, 2024. The Human Rights Committee (HRC) is the treaty body tasked to monitor compliance with the International Covenant on Civil and Political Rights (ICCPR).

Here we examine India’s submissions on unlawful arrests and illegal detentions and their veracity.

Issue No. 19 of the list of questions given to the government of India and the government’s reply in Paras 96, 97, 98, 99, 100 and 101 of its reply are discussed below.

The UNHRC requested the government of India:

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UNHRC’s examination of India’s periodic report after 28 years: Part 5 Questions of unlawful arrests and illegal detentionRead More »

EXPLAINERGOVERNANCE AND POLICYINTERNATIONAL LAW & WORLD AFFAIRS

UNHRC’s examination of India’s periodic report after 28 years: Part 4

Questions of prolonged pretrial detention

RAVI NAIR·JULY 3, 2024

This article, the fourth in the series related to the fourth periodic report submitted by India under Article 40 of the International Covenant on Civil and Political Rights (ICCPR), pertains to the clogged undertrial system and the rising concern of custodial torture and death. The reality of the matter is quite different from that claimed by the government of India.

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Read Part 1 here.

Read Part 2 here.

Read Part 3 here. 

THE flagship of the United Nations treaty body system will be examining India’s fourth periodic report in all probability on July 15 and 16, 2024. The Human Rights Committee (HRC) is the treaty body tasked to monitor compliance with the International Covenant on Civil and Political Rights (ICCPR).

This part is based on issue number 20 in the list of issues prior to reporting (LoIPR) and the government of India’s reply in Paras 102 and 103 of the report, concerning Articles 2, 7, 9 and 14 of the ICCPR.

In its report, the government of India claims, “The life and liberty of individuals is secured by the Constitution of India and laws made thereunder.” However, the report decidedly omits to call attention to the plight of undertrials in the country.

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UNHRC’s examination of India’s periodic report after 28 years: Part 2
Government of India on Indigenous populations and their rights and the reality

RAVI NAIR·JUNE 19, 2024

This article, the second in the series related to the fourth periodic report submitted by India under Article 40 of the International Covenant on Civil and Political Rights, pertains to the rights of indigenous peoples as contained in Article 27 of the covenant.

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THE flagship of the United Nations treaty body system will be examining India’s fourth periodic report in all probability on July 15 and 16, 2024. The Human Rights Committee (HRC) is the treaty body tasked to monitor compliance with the International Covenant on Civil and Political Rights (ICCPR).

Article 27 of the International Covenant on Civil and Political Rights states: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.”

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UNHRC’s examination of India’s periodic report after 28 years: Part 2 Government of India on Indigenous populations and their rights and the realityRead More »

This eight-part series examines the context and the sub-text of India’s human rights record in light of its examination by the United Nations Human Rights Committee after 28 years.

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THE flagship of the United Nations treaty body system will be examining India’s fourth periodic report in all probability on July 15 and 16, 2024. The Human Rights Committee (HRC) is the treaty body tasked to monitor compliance with the International Covenant on Civil and Political Rights (ICCPR).

India signed the Universal Declaration of Human Rights (UDHR) on June 10, 1948. It must be remembered that in international law, a declaration is merely a statement of intent, not a binding instrument like signing an international covenant.

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