India

Thematic pillars

Thematic priorties
Thematic priority	Score
Political Commitment Against Torture
Ending Police Brutality & Institutional Violence
Freedom from Torture in Detention
Ending Impunity
Victims' Rights
Protection for All
Right to Defend and Civic Space

low risk
very high risk

Recommendations

1

Ratify the United Nations Convention Against Torture, its Optional Protocol, and the Convention for the Protection of All Persons from Enforced Disappearance.

2

Apply the Méndez Principles on Effective Interviewing and provide law enforcement and security forces with the necessary training to manage mass assemblies—ensuring adherence to the United Nations Basic Principles on the Use of Force and Firearms and other international standards.

3

Repeal the Armed Forces (Special Powers) Act (AFSPA) that provides broad immunity to security forces, and implement robust mechanisms to ensure accountability for human rights abuses.

4

Enforce the guidelines from Paramvir Singh Sahani v. Union of India (2020) by installing CCTV cameras in police stations and by establishing both District and State Level Oversight Committees for effective monitoring.

5

Reduce overcrowding in prisons and detention facilities by expanding the use of non-custodial alternatives to imprisonment. Ensure that detention conditions strictly adhere to the Mandela Rules, the Bangkok Rules, the UN Rules for the Protection of Juveniles Deprived of their Liberty, and the UN Standard Minimum Rules for the Administration of Juvenile Justice.

6

Conduct thorough investigations into all custodial deaths occurring in police or judicial custody, in accordance with Section 196 (2) of BNSS, under the supervision of a Judicial Magistrate, in line with the Istanbul and Minnesota Protocols. Ensure that internal protocols uphold the rights of family members to view the body before the autopsy begins, and guarantee that the family receives both the post-mortem report and a video recording on the same day.

7

Cease the misuse of anti-terrorism, national security and preventive detention laws against Human Rights Defenders, and guarantee that they are not deterred from engaging in legitimate and peaceful human rights activities.

8

Amend the Protection of Human Rights Act (2019) to integrate the recommendations of The Global Alliance of National Human Rights Institutions-Sub Committee on Accreditation, ensuring the National Human Rights Commission of India maintains its independence, autonomy and effective investigative powers.

9

Enact comprehensive legislation that recognises and protects human rights defenders, in line with the United Nations Declaration on Human Rights Defenders and other international standards.

10

Repeal the Foreign Contributions (Regulation) Act, 2010, to uphold the right to freedom of association, ensuring that civil society organisations have the right to access resources and foreign funding. Revise the Information Technology Rules 2021 (Intermediary Guidelines and Digital Media Ethics Code) to bring them in line with international standards.

Good practices

Ending Police Brutality and Institutional Violence
On 2 December 2022, in the case of Parimvir Singh v. Baljit Singh, the Supreme Court of India mandated 24/7 CCTV coverage in all areas of police stations and other interrogation centres under the National Police authorities. The Court continues to oversee financial allocations to ensure full compliance with this ruling. Additionally, the judgment requires clear signage in local languages at police station entrances, informing the public of CCTV surveillance and their right to request a copy of the footage. People’s Watch, an NGO, played a key role in this case and remains actively involved in monitoring its implementation.

Project 39-A, an initiative of the National Law University Delhi, draws inspiration from Article 39-A of the Indian Constitution. The project has successfully represented death row inmates before the Supreme Court and various High Courts in India, achieving notable commutations and acquittals. It has also secured legal advances in death warrant procedures, the need for reasoned decisions, and improved access to legal and mental health support. Additionally, the project has launched the first empirical study on the mental health of death row prisoners in India.
Ending Impunity
The Victim and Witness Protection Scheme (2018) ensures that vulnerable witnesses are examined in specialised court facilities in every district, safeguarding their well-being during legal proceedings.

Transparency and Access to Information

Access to information must be guaranteed in every society, both in law and practice, to ensure State transparency and accountability. It allows organisations, journalists, and interested individuals to request data on the actions of public bodies, protocols, and statistics on human rights violations. This right not only enhances public debate and civic participation in decision-making but also helps improve public policies and safeguards the dignity of individuals in State custody. Civil society organisations and human rights defenders play a key role in monitoring access to information laws and their implementation. This indicator reflects the challenges of accessing information within the country—the higher the score, the less transparent the State.