Statement at the 36th session of the Human Rights Council, Item 6: UPR outcomes - India

The OMCT, People'sWatch, the Working Group on Human Rights in India and the UN, and Human RightsDefenders' Alert – India welcome the report of theworking group on the UPR of India and appreciate that out of the 250 recommendationsmade, 41 addressed torture.

We believe that it remains crucial for India to ratify the ConventionAgainst Torture and its Optional Protocol, to ensure that domestic legislation definestorture in line with international standards and toextend an invitation to the Special Rapporteur on torture for an official visitto the country.

However, we regret that not a single State made recommendations tothe government with respect to pressing issues such as the lack of prompt andthorough investigations into allegations of torture and the continuing impunityof perpetrators.

We deeply regret Mr. Mukul Rohatgi's comment stating that “the concept of torture is completely aliento our culture and it has no place in the governance of the nation.” Tortureis endemic in the country and has been increasingly used as a tool ofintimidation against minorities, dalits, adivasis and the poor andmarginalized, as well as a tool to curb political dissent, both by the policeand non-state actors. Moreover, police being bound by “ties of brotherhood” seldom register cases of torture and oftenintimidate witnesses and victims in the absence of a protective legalframework.

Finally, we regret that the National Human Rights Commission did notreiterate in its last report to the UPR its call for the adoption of astrengthened anti-torture law - a draft of which is pending since 2010. We alsoremain concerned about the lack of political will to move forward with thecriminalization of torture, which would reflect India's commitment towards itsinternational obligations.

Thank you.