3229th Meeting, 118th Session, Committee on the Elimination of Racial Discrimination (CERD)

Good afternoon, colleagues, ladies and gentlemen, Distinguished delegation from India.
Excellencies, I declare open the 3229th meeting of the committee on the elimination of discrimination open.
Today, the committee will proceed with the consideration of the combined 20 to 21st periodic reports of India.
I would start by warmly welcoming the delegation of India appearing today before the committee in Geneva, led by His Excellency, Mr.
Tushar Mehta, Solicitor General of India.
The head of delegation is accompanied by His Excellency, Mr.
Ana Bakhi, ambassador, permanent representative of India to the United Nations Office in Geneva.
As we have a large delegation to whom also I address my warm welcome.
I look forward to a constructive exchange of you a frank discussion of the issues related to our convention and our mandate.
I must say that I'm particularly Happy to see your delegation, Excellencies, after so many years.
Welcome back.
Thank you.
We will use this opportunity to cover everything that we have we have not been able to do so in the past.
But we appreciate very much your presence here.
I will now invite the head of the delegation, His Excellency, Mr.
Tushar Meta, to introduce the delegation if he chooses to do so and to deliver his opening statement.
You have about 8 minutes for that.
The floor is yours, sir.
Distinguished chairperson, esteemed members of the committee, ladies and gentlemen, it is my distinct honor to commence proceedings on behalf of India for consideration of our report to the committee on this elimination of racial discrimination or CRD.
Let me begin by extending our warmest greetings to the committee and thanking them for the opportunity to engage in today's dialogue.
We value the work of the human rights treaty bodies and believe in constructive engagement with them.
Our delegation is headed by learned Solicitor General of India, Mr.
Toshar Meta, on my left.
Other members of the delegation include the learned Additional Solicitor General, Mr.
Kim Natraj, senior officials of the Ministry of Social Justice and Empowerment, the Ministry of External Affairs, the Ministry of Home Affairs, the Ministry of Minority Affairs, and of course my colleagues from the Permanent Mission here in Geneva.
Mr.
Chair, the International Convention on the elimination of all forms of racial discrimination is a key pillar of the global human rights architecture and is among its oldest, having commemorated its 60th anniversary of adoption last December.
We remain deeply attached to this convention and its full implementation globally.
We believe that this review presents an opportunity for India to reaffirm its steadfast commitment to the elimination of racism and racial discrimination and to the larger goals of equality and non discrimination.
Let me reiterate our delegation's intention to participate in this review with an open mind and a willingness to learn and to listen.
I now hand over the floor to the learned Solicitor General, Mr.
Tushar M.
So thank you.
The distinguished chairman and esteemed members of the committee and my fellow delegates.
It's a privilege to lead India's delegation before this committee and particularly for me personally to be a part of three Indian delegations before United Nations Human Rights mechanisms in last four years.
Our fourth universal periodic review in November 2022, the Human Rights Committee review in July 2024, and now this one.
I mentioned it as an evidence of India's commitment and willingness to be engaged and reaffirms our commitment to promotion and protection of human rights.
We approach this dialogue in a spirit of openness, constructive engagement, and confidence in the progress which India as a nation has made while recognizing that the pursuit of equity and human dignity is always a continuing journey.
India comes before this committee carrying a civilizational memory of thousands of years, much older than this convention.
More than 2000 years ago, a Tamil poet Kanan Panduaragn wrote, Yadum Uri Yaduram Khalir, every place is my home.
Everyone is my kin.
Our ancient texts written thousands of years back, similarly gave us Vasu Dewa Kutumbkam the whole world is a family.
These expressions reflect an enduring Indian belief in the essential dignity and interconnect connectness of humanity.
The Indian subcontinent has, for millennia, been a meeting place of people, languages, faith, cultures, traditions.
Today, more than 1.4 billion Indians live within this extraordinary diversity.
We do not see plurality as an exception requiring any accommodation.
It is the normal condition of India and defining feature of our national identity.
Understanding India therefore requires understanding its diversity.
There is harmony notwithstanding the myriid languages, faiths, religions, cultures, and social practices.
If any discrimination or social prejudice arises, our constitutional commitment is unequivocal.
It must be redressed.
India also does not seek to rank one from discrimination against another.
We seek to ensure equality, dignity, and opportunity for every citizen.
Our Constitution incorporates a constitutional mandate to this philosophy under Article 14, 15 and 16 of the Constitution which guarantee as a constitutional imperative, equality before law, prohibiting discrimination on the ground of caste, creed, religion, sex, et cetera, and ensure equality of opportunity.
Article 21 of our Constitution protects life and dignity.
Article 29 and 30 protects cultural and educational rights while Article 51A of our Constitution calls upon every citizen to promote harmony and preserve India's rich, composite culture.
These guarantees are reinforced by an independent judiciary, democratic institutions, affirmative actions, and an extensive framework of laws and public policies.
Mr.
Chair, India has a special historical association with this convention.
Having itself emerged from a colonial rule, India was actively involved in the international struggle against colonialism, apartheid, and racial discrimination, and it actively participated in negotiating leading to this convention.
We therefore recognize the historical importance of ICERD in transforming the international community's rejection of racial supremacy and institutionalized racism into binding legal obligations.
We appreciate the committee's contribution over the decades in advancing these objectives.
In this context, India strongly supports the United Nations General Assembly resolution A by 80 by 250, which declared the trafficking of enslaved Africans and racialized chattel enslavement to be the gravest crime against the humanity.
India supported the resolution and participated in the next steps conference organized, which was organized at Ghana.
The honorable Chair, societal attitudes are not static.
They change as the society evolves, as the society develops, as education expands, as economic opportunities increases, as people move and interact with greater ease as previously disadvantaged communities acquire greater political, social and economic space.
Our experience has been that constitutional safeguards and economic and social transformation has evolved together in our country.
This is why over the past decades, our governance philosophy has been sub casat, Scavis, Sca vitas, which is translated into English to mean altogether, development for all and with the trust of all.
Development programs are need based, targeted, and demand driven without distinction of race, caste, creed, religion, or any other factor.
The results have been transformative.
Extreme poverty has fallen dramatically.
Hundreds of millions have gained access to bank accounts, health protection, sanitation, clean drinking water, housing, electricity, and digital public services.
Maternal and infant mortality have declined substantially.
So participation has improved and opportunities for women and historically disadvantaged communities have expanded.
Importantly, many of these gains have been greatest among those who started with the deepest disadvantages.
India has complemented universal development with constitutionally mandated affirmative actions in education, public employment, and political representation.
Scheduled cast and scheduled tribes are politically represented at all levels, be it a village council or the highest body, namely the Parliament of India.
Around 1.2 million women today serve as elected representatives in our rural local bodies.
Our president herself is from a tribal community, embodies these possibilities created by India's democratic and constitutional journey.
Mr.
Chair, In a country of 1.4 billion people, challenges remain and new ones will also emerge as the society changes.
Our approach is neither to deny them nor to allow individual instances to define the whole.
We address them through constitutional governance, democratic accountability, judicial remedies, targeted public policy, and sustained socioeconomic development.
As India moves towards the centenary of its independence in 2047, our objective is not merely to become wxed power, that is, developing country, but to ensure that the benefits of that development reach every Indian.
We therefore look forward to a frank, respectful, and constructive dialogue with the committee.
We hope that our discussions will recognize both the complexity of India's diversity and the scale of its transformation while helping us advance our shared objective, that is, a society in which every individual enjoys equality, opportunity, and dignity.
Thank you, Mr.
Chairman.
Thank you, Your Excellency, thank you.
Excellencies, for your introductory statements.
We will now start our dialogue, which will last approximately 3 hours this afternoon and we will continue tomorrow morning.
The dialogue will be divided into four segments.
Today, we'll focus on the first two.
The first segment is about statistics, the convention in domestic law, and the institutional and policy framework for its implementation.
And Segment two will cover situation of ethno religious groups and indigenous peoples.
These teams were already identified by the committee in the list of teams and in the methodology shared with the state party.
The first round of questions in segment one will last about 20 minutes and the country rapporteur, Madam Stavriai will pose them.
After this first round, the delegation will have 20 minutes to respond to these questions.
Then the country rapporteur and other members of the committee will have follow up questions for about 15 minutes, and then the delegation again will have 20 minutes to provide replies.
We will take a short break, then we will start with the second round of questions for segment two.
Now, I want to draw the attention of the members and the delegation to the need for strict management of time.
We have a timer on the screen, as you have seen, and we will manage it accordingly.
I would also like to take this opportunity to underline a standard policy of the committee valid for every state party, that the committee has a zero tolerance policy toward any acts of intimidation or reprisals, whether directed individually or collectively against human rights defenders or civil society actors.
The committee values the cooperation and engagement of human rights defenders and other civil society organizations.
Their free, safe, and unhindered participation is essential to the effective discharge of the committee's mandate.
The committee calls on all states parties to ensure an enabling environment that is conducive to the full participation of civil society, free from interference, harassment, or intimidation.
The committee recalls states parties obligation to ensure that no individual who has cooperated or engaged with the committee in the context of reviews under Article 9 of the Convention is subjected to reprisals or other forms of intimidation.
Having said that, and without further delay, I will give the floor to the country rapporteur, Madam Stavinki for her opening remarks and the first set of questions.
You have 25 minutes, Madam Stavaki and you have the floor.
Thank you.
Thank you, Mr.
Chair.
Let me start by warmly welcoming the delegation of India back to the committee.
Your Excellency, esteemed members of the delegation.
Let me also remind you that this is to the committee and the audience that this is the 11th time that India has appeared before the committee for a dialogue under the convention, and we certainly value the renewal of this engagement.
Together with my colleagues and in particular my co reporters, misses Shepherd and misses Chung, we look forward to a constructive and open dialogue.
Let me start with the first thing, the first issue is statistics.
The state party report relies on 2011 census data with no gender, age, disability, cross classification.
The report includes refugee figures dated January 2021, with no discrete category for migrants, asylum seekers, or stateless persons.
Nationwide census launched in April 2026 will run through 2027 and will enumerate caste and religion, but reportedly not race or ethnic origin and no self identification methodology has been confirmed.
Now that this 2027 census is underway, could the delegation confirm whether and how it will capture ethnic origin and what self identification safeguards are Ns forecast and tribal status data consistent with our committee's general recommendations.
Could the delegation also provide disaggregated data going beyond the 2011 census for the scheduled castes and scheduled tribes and clarify what interim data collection mechanisms exist pending 2027.
Given also that refugee figures in the report date to January 2021, could the delegation provide updated numbers and explain why migrants, asylum seekers, refugees are not counted as discrete categories in any data collection exercise? Now pass to the Convention in domestic law and the legislative framework.
The state party report indicates that Article 51 of the Constitution requires the state to foster respect for international law and treaty obligations, but the treaties are not self executing and require specific legislative incorporation before they can be given effect in domestic courts.
The report also cites the Supreme Court decision holding that insofar as international norms are consistent with domestic normative principles, they are enforceable by domestic courts even in the absence of implementing legislation.
Could the delegation provide concrete examples of cases in which the convention itself, as opposed to other international law instruments, has been invoked by parties or applied by domestic courts.
The report also gives detailed budget and scheme information under the Protection of Civil Rights Act and the Prevention of Arocities Act.
But I think our dialogue would benefit from information on enforcement outcomes.
Since Article 15 and existing legislation are not applicable in relation to private actors, extending protection to housing, private employment and education, the adoption of the comprehensive anti discrimination legislation covering both direct and indirect intersectional discrimination in both public and private spheres remain necessary.
Strengthen prevention and accountability.
Let me recall that the committee in its two oh seven concluding observations made also a number of recommendations that remain relevant today, including on the recognition of scheduled tribes as indigenous peoples, the extension of scheduled tribes status to tribal communities in ASM, the finalization of the national tribal policy, the introduction of a distinct SARA Census Code, and the declaration under Article 14 of the Convention.
So does the government intend to take or has it taken a position on the draft anti discrimination in quality bill and does it envisage comprehensive legislation defining indirect discrimination in line with the convention? Beyond the funding and scheme data provided, what independent evaluation exists of whether that expenditure has measurrably reduced the incidence of, for instance, unlechability practices or atrocities? 25 years after the Durban Declaration called for national action plans, does India envisage adopting one against racism and racial discrimination? How does the state party intend to close this protection gap in the private sphere, especially in housing, in employment and education, goods and services, given that constitutional equality guarantees are applied against the state rather than private actors? Now turning to racist hate speech, incitement to racial hatred and hate crimes.
The committee notes that India still does not have a single comprehensive law defining or regulating hate speech.
Rather, the framework remains scattered across provisions of the Indian Penal Code and the Bart Santa and I'm sorry in advance for my pronunciation.
And also it's supplemented by case law.
While the Supreme Court directed Somo to action against hate speech in 2023, which of course is very much positive, we note that in 2026, the court declined to hear petitions against named officials.
The committee also notes that no statutory aggravating factor exists for racially caste or ethnically motivated offenses, a GP, the state party's own report effectively concedes, independent monitoring recorded over 1,300 anti Muslim hate speech incidents in 2025, which are more, also falling under this convention, alongside derogatory online terminology, stigmatizing Dalt assertion and identity, including recurring rhetoric attributed to senior officials.
We note that the September 2024 communication through the UN S Procedures on this pattern and also the committee's concerns under the early warning urgent action remain unanswered.
Finally, we also note that there have been no declaration of a Any organizations promoting non state organizations racial hatred, have not been declared illegal as called for under Article 4B of the Convention.
Will the state party introduce a statutory aggravating factor for racially motivated offenses? What measures address hate speech, disseminating online and in political and electoral discourse, including any content moderation obligations on platforms.
What is the state party's response regarding the statements by senior officials and has any measure been taken to declare illegal any organizations promoting and inciting to racial hatred? Now passing to the National Human Rights Commission of India, the committee notes that the 2019 amendment enlarged the membership and investigative capacity of the NHRC.
However, we are concerned that in April 2025, the Ganry Subcommittee on accreditation recommended downgrading from A to B following three successive deferrals.
And also final review has now been deferred to November 2026.
Separately, we note that with concern that all seven seats on the National Commission for minorities have remained vacant since April 2025, leaving that body, aqui in non functioning.
Could the delegation update the committee on the substance of the concerns underlying the proposed NHRC accreditation downgrade and what the government is doing to address them? And what safeguards protect the independence of the ANHRC member appointment process from the executive and what mandate or specialized expertise does the commission apply specifically to complaints of racial discrimination? Why have all seven National Commission for minority seats remained vacant and does the government intend to fill them? As tool, I know past two entities responsible for implementing and monitoring anti discrimination policy.
The report addresses the cast and scheduled tribes criteria and budget lines for particularly vulnerable tribal groups.
But the proposed Equal Opportunities Commission, first recommended by the Sahara Committee and reiterated by the two oh eight expert group on diversity index remains unmenioned in the report.
And an established 17 years on.
It is unclear whether the NCAT and ACCT, the new two committees hold enforcement powers or purely recommendy ones.
What concrete outcomes can the two commissions report for the current reporting period as to complaints received, investigated and resolved, and what became of the recommendations in practice? Do these commissions hold enforcement powers as distinct from recommendy ones, and does the government intend to take forward the long pending Equal Opportunities Commission proposal? We also note that 2021 data in the report shows 70,880 total scheduled cast related cases, of which roughly 73%, 5200173 were closed by police at the investigation stage as false, a mistake of fact or for insufficient evidence.
Of 264 698 pending court cases, only 10,223 were disposed.
Yielding 3,640 convictions.
A comparable pattern appears for scheduled tribe cases.
More recent National Crime Records Bureau figures reportedly show conviction rates around 28% under the 1989 Act, with over 93% of cases still pending at the end of 2023 for the data that we have.
What explains the very high proportion of prevention and atrocity Act cases closed by police at the investigation states as false or unsubstantiated and what independent oversight or review applies to that closure decision? Are there any safeguards protecting complainants and witnesses from pressure to withdraw or dilute complaints, and what measures are being taken to reduce the backlog in the special courts and shorten the average time to disposition? We know that it's, of course, It's a big challenge, but we need to understand what are the exact measures that are being taken.
Could the delegation also provide updated conviction and disposition figures between 2023, 2026 and indicate whether the proportion of cases closed at this police stage has changed.
I now pass to racial profiling and racially motivated violence by law enforcement.
We note that the term racial profiling does not appear anywhere in the report, although the committee has adopted a general recommendation before the submission of the report on this issue.
The closest material offered consists of general advisories on policing in areas with African communities and people of African descent in general, custodial torture jurisprudence, and we would welcome the delegation's views on the committee's guidance is being reflected in domestic policy and practice.
Does the state party maintain any stop and search or preventive detention data disaggregated by caste, tribal status, ethnicity, national origin? Are profiling complaints recorded as a distinct category by the NHRC or State Human Rights Commissions.
We further note that attacks on people of African descent are characterized in the report as individual criminal acts, not as racially motivated.
We would appreciate the delegation's clarification on this point.
On what basis does the state party characterize attacks as ordinary against on people of African descent as ordinary criminal acts rather than racially motivated violence.
I finish this segment with questions on accountability for human rights violations by law enforcement and security forces.
The report relies on general torture, custodial death jurisprudence.
And police complaints authorities constituted in 25 states and seven union territories without scheduled caste tribe indigenous specific incidents data.
So the committee is concerned about reports from independent sources describing a pattern of extrajudicial killings set to disproportionately affect Bengali speaking Muslims in Asam and Adivasi communities in the Bastar region of Chadsar.
Again, apologies for my mispronunciation.
Including a 2025 state policy, which has been raised serious concerns.
Could the state party provide law enforcement data on human rights violations specifically disaggregated by scheduled castes, scheduled tribes, and indigenous status? I know that it's mostly based on scheduled tribes.
And also explain to the committee, please, if there is an independent mechanism, institutionally and operationally separate from the police and the security forces, mandated to investigate killings or this police violence and security forces, which reportedly also there is no accountability for security forces since there is no access to justice against this violence.
Could you please also comment on reports on these extrajudicial killings in the Basta region? Clarify, please, what measures have been taken by the state party to clarify for oversight and accountability safeguards.
This would conclude my first part of questions.
Thank you very much in advance for your answers.
Thank you, Madam Sarinaki.
This is the first round of questions raised by the rapporteur.
Now, I will turn towards the delegation for responses.
Head of delegation, you have 20 minutes.
Thank you, Mr.
Chair.
We will begin by requesting additional secretary in the Ministry of External Affairs, doctor Aquino Vel.
You have the floor.
Thank you, Chair and thank you Reporter for your questions.
Before we respond, I would like to place on record three clarifications which would apply in our responses today and tomorrow.
First is on the cast and the remit of this committee.
India's position is longstanding, that has been articulated consistently over decades, and it is clearly explained in our national report responding to the OIPR.
The convention resulted from painstaking negotiations among states.
Its traverse preparatories demonstrate the care with which its scope, terminology, and obligations were negotiated.
States became parties on the basis of these agreed obligations.
Interpretation must therefore remain anchored to its text, object, and purpose, and established principles of treaty interpretation.
The term dissent refers to discrimination such as those faced by people of Asian and African descent.
Indeed, dissent was introduced by Indian delegation during the negotiations to address ambiguity surrounding national origin and to capture separately the notion of previous nationality or geographical region of an individual or an ancestor.
At no stage did any delegation propose that descent should encompass caste.
We recognize that there can be academic and theoretical debates concerning race, descent, caste, ethnicity, or social origin.
These must be distinguished from legal obligations expressly undertaken by states.
General recommendation of this committee has an important interpretative role, but cannot amend the convention or create new treaty obligations.
The general recommendation 29 insofar as it seeks to expand dissent to caste based discrimination is therefore unacceptable to India.
Second, on indigenous people, India understands that indigenous people are those descended from populations inhabiting a country or geographic region at the time of conquest, colonization, or establishment of present state boundaries and who retain some or all of their own social, economic, cultural, or political institutions.
Accordingly, India regards its entire population at independence and their successors as indigenous.
The question of formally recognizing any particular group as indigenous people therefore does not arise.
This does not imply an absence of special protection for socially disadvantaged groups.
The Constitution recognized scheduled tribes as specific constitutional category and provides extensive safeguards, including affirmative action, political representation, protection of their social, economic, cultural, and educational interests, and special governance arrangements.
Scheduled tribes and indigenous people are therefore not synonymous categories.
Nevertheless, without prejudice to these established positions, and as a matter of cooperation and courtesy to the committee, we will respond substantively to the questions concerning caste and indigenous people within our domestic framework.
Third, we recognize that individuals must may experience multiple and overlapping forms of discrimination.
However, intersectionality cannot become an independent basis to bring within certain matters otherwise outside the convention.
Such an approach could potentially bring virtually any civil, political, economic, cultural, or social issues within this committee's merit, blurring the treaty mandate and undermining the relevance of separate treaty bodies.
Nevertheless, in the spirit of constructive engranment, we will endeavor to address such queries without prejudice to opposition regarding the scope of the convention and the mandate of the committee.
Thank you, Chair.
Thank you.
I would now hand over the floor to additional Secretary of the Ministry of Social Justice and Empowerment, Madam Mona Kandar The esteemed committee members, I would like to begin by saying that India's constitutional framework seeks to ensure the full and equal enjoyment of civil, political, economic, social and cultural rights by scheduled castes and scheduled tribes.
Importantly, this combines equality and non discrimination with special majors designed to address historical disadvantage and secure substantive equality.
On civil rights and access to justice, statutory protections are supported by special courts, special public prosecutors, time bound investigation, free legal assistance, victim relief, and rehabilitation and awareness programs.
It also combines with capacity building of implementing machinery.
On political participation, the Constitution guarantees representation of scheduled castes and scheduled tribes in elected institutions.
Following the 2024 general elections, out of 543 seats in the Loc Saba, 84 are reserved for scheduled cast and 47 for scheduled tribes.
This includes 11 scheduled cast women member of parliament, and also six for scheduled tribe women parliamentarians elected from the reserved constituencies.
Comparable constitutional arrangements operate in provincial legislatures and local self government as well, including reservation of leadership position at the local level.
In public employment, 15% of posts and vacancies in the union government are reserved for scheduled cast and 7.5% for scheduled tribes, alongside corresponding majors at the provincial level as well.
Economic and social empowerment is supported through dedicated development action plans.
Budgetary allocations under the development action plan for scheduled cost increased from approximately rupees 360 billion in 2014, 15 to rupees 1.6 trillion in 2024, 25, demonstrating the substantial scaling up of targeted public investment, and this is spread across 37 ministries.
I would like to give an example of the transformative change that has taken place in the educational outcome of SEs and STs.
Education has been another major area of progress.
Scheduled cast enrollment in higher education reached 6.6 million in 2021, 2022, representing an increase of approximately 44% since 2014 15.
Okay.
The gross enrollment ratio in higher education increased from 18.9% to 25.9% over the same period.
At the elementary school level, I'm happy to brief that scheduled cost general enrollment ratio reached 96.3% in 2023 24, compared with overall general enrollment ratio of 91.7%.
Targeted development is also reaching communities directly.
Out of 47,324 villages with substantial scheduled cast populations which have been identified for improvement over 50 socioeconomic indicators, more than 17,000 have already achieved the prescribed milestones, benefiting approximately 4.8 million persons.
Proactive majors for individual and community development of SENST persons make opportunities in private sector also accessible to this community.
Therefore, I would like to submit that government doesn't see any requirement for setting up equality Commission.
Thank you.
Thank you, ma'am.
May I now hand over the floor to Madam Lista Tawari, joint Secretary in the Ministry of Home Affairs.
Thank you.
I thank the chair and committee members for questions regarding India's forthcoming census 2027.
The census is one of the world's largest statistical exercises and will be conducted in India in two phases.
The first will collect information relating to housing conditions, household amenities, and assets.
The second will cover demographic, socioeconomic, educational, migration, culture, and fertility related particulars, including scheduled cast and schedule drive status.
Census 2027 will also be India's first fully digital census using digital mapping, mobile applications for enumerators, a self enumeration facility, and strengthen management and monitoring systems.
Pre testing standardized instructions, training, distal validation, and real time supervision are integral to ensuring accuracy and consistency.
We would particularly underline that the census framework respects the principle of self identification.
Individuals provide information to census officer to the best of their own knowledge or belief.
Supporting documentation is not ordinarily required for such responses, nor is an enumerator expected to independently classify a person's self declared identity.
Mr.
Chair, India has historically collected information on constitutionally recognized categories of scheduled casts and scheduled tribes.
With regard to the inclusion of cast in Census 2027, the precise modalities and question are being finalized in accordance with established procedures and will be notified at the appropriate stage.
We would also clarify that the Indian census has not historically employed categories of race or ethnic origin.
These concepts do not correspond readily to India's distinctive social, historical, and constitutional context.
Introducing externally derived classifications could produce sociologically misleading data rather than greater statistical clarity.
India's approach is therefore to collect dis aggregated information relevant to its own constitutional and policy framework while ensuring that census data remain objective, administratively meaningful, and capable of supporting effective public policy.
Thank you, Mr.
Chair.
Thank you, ma'am.
May I now hand over the floor to learned Solicitor General Pasar.
Thank you.
I would like to respond to the honorable members question with regard to the extrajudicial killings in Bastar and other area which is mentioned.
Let me just reframe the situation in Bastar.
India has been facing a severe left wing extremism LWE in this particular region of one of the provinces in and in nearby neighboring provinces.
This is not a state party conducting operation against any tribal population.
It's one of the democratic state discharging its primary responsibility of protecting an honest citizen, particularly the tribal population who itself is the victim of certain armed organizations, and as a result, since last four decades, the development could not reach this particular region.
Now, allow me to note, and of course, with great pleasure and a profound sense of satisfaction of achievement that as on 31st of March 2026, the government of India has officially announced after several acts which have taken place that no district in India now remains classified as left wing extremist operated.
This could not have been possible without the support of the people of the region, that is the tribal population, mainly.
Since decades they have been living with insurgency.
India's achievement of a Naxil free India stands amongst the most important internal security successes in the country's independent history.
It reflects the impact of decisive leadership, sustained policy implementation, and multidimensional strategy, combining security, development, and rehabilitation.
All this happens with the support of the tribal population who itself is the victim of this extremism.
Now, the resolve to end Eism was also about ensuring that every facility is available to the tribal population which was deprived of it since last almost four decades.
Their children have a bright future and their infrastructure is expanded, connectivity is more, and governance outreach in remote areas is also more.
Honorable member also asked the question whether there is any independent statutory mechanism if there is an extrajudicial killing.
I must answer that under the Criminal Procedure Code, there is a mandatory requirement of a magisterial inquiry in case of any extrajudicial killing or an alleged extrajudicial killing.
Number two, the National Human Rights Commission has also laid down binding guidelines as to what the executive and the police needs to do in such cases.
The Supreme Court, in case of People's Union for Civil Liberties versus State of Marasra has given 15 guidelines, and those guidelines are mandatorily required to be followed in case of each alleged extrajudicial killing.
Apart from that, we have constitutional remedies before the High Court and the Supreme Court and people do approach, and in appropriate cases, the courts also take cognizance directing measures which may be required in facts of a particular case.
Thank you.
Thank you, sir.
I'll now briefly hand over the floor to doctoral from administration of Facebook.
Thank you.
I'd like to respond on the implementation of Durban Declaration and Program of action.
India participated very actively in the World Conference against racism, racial discrimination, xenophobia, and related intolerance, which was held in Durban in 2001, and its subsequent review processes.
India has also expresses support for the Durban Declaration and Program of action at relevant international forum and has contributed constructively to the discussion aimed at combating racism and racial discrimination.
The national level.
India's constitutional framework firmly guarantees equality before the law and prohibits discrimination on various grounds.
India remain committed to the principle of equality, human dignity, and non discrimination that underpins international fight against racism.
With regards the question related to attacks on African nationals in India and its characterization in India, I would like to say that in the absence of evidence establishing that the offense was motivated by racial hatred or hostility towards persons of African origin, it would not be appropriate to characterize the instance as racial attacks merely on the basis of um, nationality or identity of the victim.
But in order to ensure that such incidents of violence do not reoccur, the provincial governments have been advised to increase police patrolling in areas where sizable African communities reside.
They have also been advised to hold regular meetings with the African community in all major metropolitan cities to reassure them.
Local authorities have been sensitized to ensure the safety and security of all foreigns, including Africans.
The government of India has also maintained regular contacts with diplomatic missions of African countries in India.
Thank you.
Thank you.
May I request a brief intervention from Mr.
Roy, from the Minister of Bernice.
ECM is a part of the National Ministry of Pnority Commission and as per Section 332 of the NCM Act 1992, the commission consists of a chairperson, vice chairperson, and five members, all of which on 21, July 2026, Hajitsing Greywal Chairman has been appointed as chairperson.
Shia be vice chairperson on tie July 2026.
She had been functioning as a member of the commission from March 2026.
Shia was also elected as was also nominated as a member from the Pasi community on March 2026 to the commission.
And Shiri Glenn E.
Sousa has been nominated as a member of the Christian community on 21, July 2026.
Thank you.
Thank.
Thank you very much.
Let me just address a couple of quick queries that were raised.
One of the National Human Rights Commission.
It is our firm conviction that the National Human Rights Commission, be it in terms of its structure, composition, activities, or independence is fully compliant with the Paris principles.
We value the work it does, and government remains committed to supporting its activities and maintaining its independence.
Um.
Reference was made to the A status and the B status accreditation by the Global Alliance for National Institutions.
But from our perspective, NHRC being an independent entity would not be appropriate to talk about its engagement with other organizations like Gandri and questions on what they're going to do best addressed to them.
But let me reiterate, we believe they are Paris principles compliant and they deserve to retain its a status accreditation on the exact recommendation also between the ri and N HRC.
Quickly, also a question was asked on online hate speech, just to reiterate, the Internet is not a law free space.
Incitement to hatred of violence on grounds of race, caste, community, language, place of birth, is punishable under our criminal law, BSS, BNS is easy way to do it.
Also, the SESD Prevention of Eroicities Act applies when its requirements are met.
Intermediaries must observe statutory due diligence, maintains grievance mechanisms, comply with lawful removal or blocking orders.
These standards apply irrespective of the identity or office of the speaker and must be implemented effectively across Indian languages, just to give you a sense so we don't see it as different from anywhere else.
I will stop here.
I know we are short of time, but maybe from Minister of Social Justice, you have a couple of minutes if you would like to say something more.
Thank you.
Mr.
Chair, I would like to mention that, as the distinguished committee member has acknowledged, India has a comprehensive constitutional statutory and institutional framework to prevent discrimination and to protect scheduled cast and scheduled tribe atrocities and other prohibited conduct.
A significant strengthening of the framework took place in 2016.
This is actually not a static framework, but this is a dynamic framework.
Further, in the year 2018, again, it has been simplified and, um measures have been taken to expedite the investigation and other enforcement mechanism.
The process of review further continues, and in 2026, that is this year, the government has constituted a task force to examine implementation and recommended further modification.
The task force has already submitted its report to the government.
I would further like to mention that the scale of implementation can be seen from the latest available data for 2024.
During that year, 55,535 cases concerning atrocities against scheduled cast were registered and indictment were filed in 44,885 cases.
In respect of scheduled tribe, 9,959 cases were registered and indictment were filed in case of 7,844 cases.
In the same year, 99,865 scheduled cast and scheduled tribe victims received relief and other rehabilitative majors from provincial government and union government, including financial relief amounting to approximately rupees 49.5 million.
I would like to further submit that Union government provides policy guidance and capacity building support, including through the Bureau of Police Research and Development.
Provincial authorities are regularly advised to ensure effective implementation of legislation protecting scheduled cast and scheduled tribes.
Equality is access to remedy.
Under India's Legal Services framework, every member of a scheduled cast or scheduled tribe is entitled to free legal services irrespective of income.
A 2024 partnership between the Department of Social Justice and Empowerment and National Legal Services Authority further strengthen the legal awareness and outreach program.
Perhaps what we will do is take up the issue for a second.
It's just complete.
Thank you.
Thank you.
Thank you.
Thank you.
I appreciate that.
I thank the delegation for the replies.
We will continue this discussion because now I will open the floor for a brief follow up questions by the country rapporteur and the task force and other members of the committee.
We have 15 minutes for that.
Madam Stavrinai, would you like to take the floor? Mr.
Chair.
Let me thank you also the team delegation for their answers so far and this open dialogue.
I think the committee notes the position of the state party, but of course, it's our obligation also to respectfully disagree.
The committee still has the, holds the position that the casts fall under the scope of the convention.
It is one you know that our general recommendation 29, the committee recognized that these forms of social stratification and other analogous systems such of casts of inherited status that have this nulllifying effect on the enjoyment of human rights is a matter of falling under the material scope of this convention.
This has not changed.
This is something that we see in many countries, in many states parties, not only in India.
It's something that we see continuing and having a very, you know, harmful effect the enjoyment of human rights, which is a form of racial discrimination based both on this heritary status, but also the social disadvantage, but also your own recognition of the historical injustice that your own recognition, your own constitution recognizes.
Having said that, but thank you very much for the responses.
I want to go back.
I appreciate the information that was given also on the new census.
Which means that finally, everyone that can be self identify as cast member do so.
Finally, self identification as a cast member or a tribe member or indigenous member would be possible.
Did they understand well? Finally, this is something that reflects the constitutions, your own national framework.
I didn't hear a response on the national action plan or probably I heard the response.
It was a direct that you don't think that it's necessary, but just confirming.
I didn't hear anything about racial profiling.
So it's something that we would really need to understand what are the guidelines.
And I would like to go back to racially motivated crimes because you said that if you don't have the proof, we cannot prove that it's a racially motivated crime.
But if a member of the delegation could explain to us better what is expected and who is expected to substantiate and prove these crimes? It's a topic that we discussed a lot with state parties because we identified many, many gaps and barriers which finally, you know, nulify access of victims to the recognition and sometimes of the racial motivation.
In many cases, what we see is that for victims, this recognition is very important for reparation.
It's very important to be recognized by the judicial authorities.
Uh, the fact that they were targeted due or due to situational circumstances related to, uh, ethnic origin or racial dimension.
So I think also that in previous I don't want to take more time, but I remember that I have to also raise the point of the um the armed forces, the armed forces, the Special Powers Act, that it was in the previous general recommendation, the committee asked to to be repealed.
Then we had three subsequent early warning and urgent action procedure communications.
Questions were raised in the list of issues.
We didn't receive a substantive response.
Does this mean that it was repealed in all areas or does it still remain in force in four areas as we have relevant information? Please clarify this point for us.
Thank you very much, Mr.
Chair, and I hope that there is still time for colleagues to ask questions.
Thank you, Madam Stavrinai Madam Shepherd, would you like to take the floor? Madam Chu, would you like to take the floor? The court reporter? Yes.
You have the floor, Madam.
Thank you very much.
Thank you very much.
Maybe this issue will be discussed tomorrow, but we resolve this issue for tomorrow, but the Indian government delegation, I don't know.
Declared as the first statement from your part that the cost is not decent.
The general recommendation 29 is not applicable to Indian society.
It has been repeated every time when we review Indian state review report.
So but there are so many researchers and then the experience anyway, including even diaspora communities in all over the world.
But as a researcher or activist for human rights, I, uh, I'm not persuaded why the Indian government keep that position because it's just for the development of Indian society in Indian state.
To open and your position and then take all the measures to improve the situation, then that results in a development over in the whole country.
I would like to raise this issue first.
Then I will ask at my time that, but there are so many abstract words in your statement in your report and also in the various laws in India, including what is primitive, what is begwardness, and then yeah, that kind of things.
There are so many acts, laws it was very difficult for me to understand all the mapping of the position, I mean, living residential area of trial scheduled tribal, including indigenous peoples and all the various acts which can be applied to those peoples.
I mean, to understand the situation and then measures to be taken.
But the law and implementations are totally should be conversed.
But there are many, many situations that the implementation is not enforced made following the act.
So the neighboring countries are accepting the situation of disontent in our third general recommendations, 29 and so on, 23, and so on.
But I repeat again, our Indian government keep your position so strongly, this one.
Then we have early warning and urgent action procedure which received the Indian cases so many Indian cases, and then the Indian government does not reply soon or properly.
Because of your position.
So not just declare, it's not our institution, and it's not our position.
But please let us be persuaded because we have many international human rights law said the Indian society has decent problem, including caste.
Especially Dalit, untouchability and specific work belongs to Dalit and so on, please, this way.
Thank you.
Thank you, Madam Chair.
Madam Shepherd, we don't have much time.
I think I should really take the floor first to welcome the delegation from India.
I shouldn't miss the opportunity to thank you for having voted yes to the resolution.
The only reason I'm raising this is that I was part of the technical team of Ghana that helped to put it together.
I really should thank you for that because as Reverend Al Sharp Junior said the day before at the high level conference that helped to set the stage for the resolution.
On March 25, some states would sit at the unrighteous and others would sit at the righteous.
I think you know where you sat.
I wanted to thank you and finally, to say, that since you supported the resolution and you understand the seriousness and the importance of it, that means that you understand the role of historical injustices and the continuation of such injustices in contemporary actions in society.
I hope when we raise certain issues, you'll realize that's the lingering legacies of colonialism that force us to ask certain questions.
Thank you.
Thank you, Madam Shepherd, Madame Tevier Thank you, Chair.
I would like to offer a warm welcome to the delegation of India.
I would like to better understand some terminology of castes and tribal groups.
Might the delegation clarify the manner in which the state party defines the cast categories and the recorded tribes in their administrative work.
Then also, could you paraize or clarify which of these are recorded in each category as well as the criteria used for identifying members of each cast and tribe.
Thank you very much.
Vasquez, you hold the floor.
Is, thank you very much.
Thank you, Chair.
First off, I should like to offer the warmest of greetings to the distinguished delegation of India.
Thank you very much for your presence.
I don't have much time, before asking questions, I should like to also make a general comment.
Perhaps first, I should note that the conclusions of the study of the Special Reportur of the Unitations Mr.
Martinez Kobo indicated that communities, the peoples and the indigenous indigenous nations, peoples and communities, are those that with historical continuity in the pre colonial and pre invader groups that developed their territories were considered to be different than other sectors of societies that now prevail in these territories or in parts thereof.
Which is the part that you mentioned in your remarks, sir.
However, the Martinez Skobo study in the second part, notes that currently, these societies constitute non dominant sectors of society and they are decided to preserve, develop, and transmit to future generations their ancestral territories and their ethnic identity as the foundation for their ongoing existence as peoples in step with their own cultural patterns, social institutions, and legal systems.
That is the clarification made by Mr.
Martin Skobo.
It would be important to offer a contextual clarification.
The framework of this was developed primarily through the lens of European colonialism in parts of Asia, parts of Africa, in Latin America.
However, the UN human rights system to include the SRD in step with the General Comment 23, General Redation 23, and the Regional Human Rights Organizations has evolved to implement the concept in a more broad sense in Africa and in other parts of Asia in which communities have experienced patterns that are analogous to foreign domination, removal, And marginalization without there being a European colonizing power.
Having said that, I would like to say that we do need to bear in mind that the state party, India, ratified Convention 107 on indigenous communities and tribal communities at the ILO, and further, the UN Declaration on the Rights of Indigenous persons.
Thank you.
Along these lines, I should note that indeed the first part of the conclusions of the Martinez Sobo report can consider the entire Indian population as indigenous.
However, the second part in step with Convention one oh seven of the ILO and the Declaration of the UN on the rights of indigenous persons would include other tribal collectives in the state party.
Hence, I invite The question I invite my colleagues with their questions.
Those that have been asked and those that will be asked, might they be considered in the responsive state party in order to facilitate this constructive dialog.
I thank you.
Thank you, Mr.
Balzac, you'll have 17 seconds.
I'll do my best.
Thank you, Chair.
I warmly welcome the delegation of India.
Thank you for your presence and this continuing dialogue because it's, of course, not the first time that your delegation is here.
I have a very short comment and a very short question.
We obviously know your position on interpretation of Article 1 and the cast issue, but I Also, well, it is common knowledge that your Constitution prohibits discrimination also because of a caste.
In other words, caste based discrimination is prohibited.
That's what I read its official position.
I actually don't know exactly where the problem lies because if your domestic law, the highest law of your land, is in fact more progressive, than the convention.
Where the problem is, I'm tempted to ask you, are there any gaps in our convention, maybe.
Perhaps you would like to address the issue of gaps in ISOT.
But that's what's striking because if your law allowed discrimination against guys and we said, no, then we could discuss it further, but that's a logical problem I see.
Finally, thank you, Mr.
Solicitor General.
You referred to the anniversary of ISOT.
You referred to Durban as well.
And let me just express gratitude that you did refer to this because in fact, it's true India played a foundational role in the negotiations on ISOT.
Last year, we celebrated its 60th anniversary and of course, a lot has happened in between.
Lastly, we consider convention a dynamic instrument that we interpreted dynamically.
I wonder if that's so with your constitution and your approach to discrimination or not.
Would you agree that we should interpret constitutions also in a dynamic way to ensure that they are effective? Thank you.
Thank you.
Madam El Mistad, 1 minute, please.
I don't know if the questions can be asked today or tomorrow because it's about education.
Tomorrow.
Tomorrow.
Thank you.
Thank you very much.
Yes, I will immediately turn to the delegation for the responses.
That the fact that you saved 50 seconds excess.
Thank you very much.
I'll try to answer it in two ways.
Of course, I didn't hear too many questions.
But we missed a few questions because we were over the time, so we will come back and thank you for pointing those out.
But before I do that, if you permit to more of a personal comment, I see we've obviously got a lot of committee members we exercise about the declaratory statement made by my colleague.
The these are not new.
You are not new.
These are statements we have been making.
I heard one of the committee member saying we have always said this whenever you have come before us.
Let me remind you, we have always said this when we have come before you.
On the indigenous people, I can't remember a single time and I've been 30 years a diplomat that we haven't clarified our position indigenous people.
In every organization, we support the special measures that are required for indigenous people across the world, Mr.
Vasquez mentioned very interesting.
We agree with most of it.
There have been very, very difficult battles, and I think India has stood firm with indigenous people.
It's just that my country in our country, we consider all of us as indigenous, very difficult to say who was earlier, who was later.
We don't want to get down that division.
Similarly, on caste, Look, our constitutional provisions are robust against caste based discrimination.
We have one of the most strong affirmative action programs in the world.
We have today a very senior colleague from a particular ministry which really focuses on social justice on scheduled class.
We have a separate ministry on tribal affairs or schedule.
Our constitution understands this.
We had ICCPR review two years ago.
We did not put any caveat, we answered any question on that.
It's just that we feel that given the history of this particular convention and its need to focus on racial discrimination, racial motivated attacks and hate speech, et cetera, may not be the best place to repeat the same kind of clarification.
That we have provided.
Nevertheless, we have come prepared.
We will discuss with you.
But please understand that we are not willing to compromise our long standing position regarding these issues.
Um, Committee member mentioned, do we think convention is dynamic? Of course, but we would humbly submit that such dynammism must be within the scope of member states getting together and amending, updating the convention rather than the very useful input that you get from committee, but that perhaps cannot replace member state agreements on conventions.
I would stop here not to waste further time.
Happy to come back to this.
Meanwhile, if you have queries, please do not hesitate.
We'll try to answer to the extent we can.
On that note, let me first and foremost, hand over the floor to Madam Nisa from the Ministry of Home Affairs.
There were questions on racial profiling on a Spa, et cetera, and please, you have the floor.
Thank you, sir.
Mr.
Chair, I will quickly answer the follow up question on census first.
Distinguished member, you correctly understood that self identification is being done by the individual in Census 2027, in that respect you have understood the thing.
Now moving on to the Armed Forces Special Power Act 1958, we reiterate that this act is a national security legislation intended to address exceptional security situation and protect the sovereignty and integrity of India and the security of its citizens.
Importantly, this act is neither designed nor applied against any racial, ethnic, religious, or other community.
Its application is territorally and security based, determined by the prevailing situation in areas affected by terrorism.
Constitutional validity of the legislation has also been upheld by the Supreme Court of India.
Its application is not permanent or automatic.
The government periodically reviews notified areas in consultation with provincial governments concerned and relevant agencies.
As security conditions improve, its geographical application is progressively reduced.
The act was completely withdrawn from the provinces of Tripa in 2015 and Megala in 2018 and has subsequently been substantially reduced in the provinces of Assam, Nagale, Manipur, and Amnach Pradesh.
There are also institutional safeguards against misuse of powers.
Specific operational instructions govern the conduct of security forces and violations can attract disciplinary and legal consequences under the applicable laws.
In this regard, we would like to tell that there are 100 cases pending before judicial authorities against personnel from armed forces.
This act should therefore be understood in its proper context as a security measure subject to judicial scrutiny, periodic governmental review, and accountability mechanism, and not as a measure of discrimination against any community.
Thank you.
Thank you.
May I hand over the floor to Madam Mona Ker, Ministry of Social Justice.
Thank you.
Mr.
Chair, I would like to briefly mention about the National action plan.
I would like to reiterate that the development action plan for scheduled cast and scheduled tribe are national action plan because they encompass to several ministries and there is a special framework to ensure that all the ministries, they provide for the required budgetary provision for SEs and ST communities, and there is a mechanism to ensure the same.
Now, I would like to, bring to the notice of the esteemed committee, how these acts have been implemented.
I would like to give a little analysis of the breakup of the number of complaints.
That is 57,789 registered for atrocities to SE persons.
If this is broken up further, then out of that, 18,437 cases are related to simple injury and 16,892 cases are related to other Indian penal code related crime.
There is a decreasing trend not only in prevention of atrocities Act and PCR Act, but also other IPC related cases.
Further, I would like to mention that the Union government provides financial assistance to provinces for setting up exclusive special courts, special public prosecutors, setting up protection sales, also setting up sales at the provincial level and conduct a several awareness program and provide relief and rehabilitation to the victims.
Provincial governments also have their own action plan for the same.
Since 2014 2015, approximately 823,000 victims of atrocities and their dependents have received relief and rehabilitation.
Importantly, the program also promotes social integration.
In 24 25, 26,050 persons and couples received financial assistance under the major supporting inter cast marriages.
Mr.
Chair, I would like to further mention that India's approach has been to establish specialized institutions with constitutional authority, defined constituencies and direct grievance redressal functions, and expertise in particular disadvantages they address.
We have National Commissions for Schedule Cast, National Commission for Scheduled tribes, and they have the overarching framework for monitoring, reviewing, and advocating.
Mr.
Chair, I would also like to mention that India's constitutional position on untouchability is unequivocal.
Article 17 of the Constitution abolishes untouchability and prohibits its practice in any form.
The Protection of Civil Rights Act 1955 gives statutory effect to this guarantee.
While the scheduled cast and scheduled tri prevention of Atrocities Act 1989 provides enhanced protection against specified forms of caste based violence, humiliation, discrimination, and exploitation.
Implementation is closely monitored right from union level to provincial level to district level by the heads of their respective government.
The cases registered under the Protection of Civil Rights Act have shown a declining trend from 26 and 2019, 20 2018 and 2024, 2025.
While encouraging the government, government remains committed to eliminating such practices completely.
Thank you.
Thank you.
I understand there are a few issues the Minister of Home Affairs, Madam Minister, you have the floor.
Mr.
Chair and distinguished members, as we all are aware, that India is a multilingual, multi ethnic, multi religious, and pluralistic society.
We unequivocally reject hate speech, hate crimes, and mob violence directed against any individual or community.
Our constitutional and legal framework provides equal protection to all persons irrespective of religion, ethnicity, language, caste, or other status.
Supreme Court of India in then as Puna Vala case.
Laid down comprehensive preventive remedial and punitive measures to address mob violence and hate crimes.
These include designation of senior police officers as logistic nodal officers, identification of sensitive areas, preventive policing, prompt registration of cases, protection, and compensation of victims, effective investigation and prosecution, and access to legal aid.
Mr.
Chair, we would like to highlight that India's new criminal laws have further strengthened this framework.
The Bhatia Sahita 2023 specifically criminalizes hate speech and hate crime.
Also, where offenses are committed against members of scheduled cast and c tribes, additional protection under prevention of atrocities acts may also apply.
The Supreme Court has additionally directed that where conducted discloses a cognizable hate speech offense, law enforcement authorities must act in accordance with the law without waiting for a formal complaint and failure to comply with the judicial direction can attempt contempt proceedings.
Mr.
Chair, individual incidents in a country of India's size should not be conflated with state policy or institutional tolerance.
Where violations occur, our constitutional institutions, police, courts, and human rights mechanism provide established avenues for accountability and remedy.
India remains firmly committed to combating such act while ensuring due process and equal protection of law for every citizen.
Thank you.
Thank you.
May I now hand over the floor to Honorable Solicitor.
Thank you.
On the question of hate speech, there was one specific question from the honorable member, that is whether hate speech is specifically defined in the penal law or not.
It is not specifically defined and there is a good reason behind it.
See, hate speech can be of various types.
It can be a spoken word, it can be a written word, it can be by your conduct, it can be by gestures, et cetera.
Restricting a particular offense in one particular segment of definition would perhaps defeat the purpose.
Therefore, we have Section 196-19-7299 and 353.
They are very widely worded sections which penalizes any form of hate speech, whether spoken, written, whether irrespective of the medium, whether it's printed, electronic, digital, et cetera.
Therefore, it is thought advisable not to have specific definition.
One of the questions of the Honorable member was that recently, the Honorable Supreme Court did not entertain some individual cases of hate speech.
I would like to say this.
The Honorable Supreme Court is the highest constitutional court of the country and generally, not a court which goes into inter se individual disputes.
As the honorable member of our delegation said, Supreme Court has laid down a detailed guidelines as to the legal regime which is to be followed whenever hate speech takes place.
And that guidelines are very, very elaborate.
Supreme Court has also said noncompliance of that guideline would be contemptuous.
Having done that and provided for framework, it will not be possible for the Supreme Court to go into each individual case because each individual who has a grievance has a remedy under that framework.
Third question which I would like to address was with regard to anti discrimination bill.
Article 14, 15 and 16, as everyone knows, discrimination is prohibited by the Constitution itself.
There is no separate law which is required.
There are several legislations which directly or indirectly deals with anti discrimination legislation.
There was a private member bill some five, six years back and it was never taken up, not insisted upon, and the bill has lapsed.
But our constitutional provisions are in the field.
Mandatorily prohibit any kind of discrimination on any ground.
Separate legislation may not be required.
Thank you.
Thank you, sir.
May I now hand over the floor to doctor Akin Wman? Thank you.
On the issue of African descent, you have a follow up response from Stan Governor.
Thank you.
There was a question asked about how do you distinguish a racial attack attack on an individual as a racial attack.
It's important to distinguish between identity of the victim as well as the motivation of an offense.
The fact that the victim of a criminal act is an African national does not by itself establish the offense was racially motivated.
Such incidents are investigated individually by the competent law enforcement authorities on the basis of facts and evidence available, including any evidence related to motive.
Where a case proceeds to trial, questions of fact and criminal responsibilities are ultimately determined by the competent court in accordance with law.
We are therefore cautious against automatic characterization of every criminal incidents involving African national as a racial attack.
Equally when evidence indicates that racial prejudice or hostility form the part of the motivation or circumstances of an offense, such evidence will always be duly considered by the competent authority.
Thank you.
Thank you.
Were there other issues that we needed to respond.
I had a quick querying a query with whether external you might be better placed, but I'll respond whether a treaty requires a separate law and our system and the courts have taken up treaty obligations as also something that is justiciable unless it goes contrary to our constitutional provisions.
I'm not sure we have example of this particular convention being spoken about, but we'll check.
I'm not aware study of the No, there are instances where the treaty signed by the government of India are treated with profound respect by the Honorable Supreme Court and there is an example may not be this treaty, but other treaties where there was a question of sexual harassment in workplaces, where the Supreme Court in judgment of Vshaka laid down guidelines solely on the basis upon the treaty which was signed, which was thereafter, of course, followed by the parliament legislating the enactment.
It receives the highest respect, though it must be in conformity with the municipal law.
Thank you.
Thank you, sir.
I'm just trying to go through my list of other questions that we might have missed? Sorry.
Thank you.
There was a question regarding the IO Convention one oh seven.
Here, again, this is the same point which I had made earlier on the indigenous people versus tribal as we see it and our domestic regulations.
Currently, India is not party to Ilo Convention 1969 concerning indigenous and tribal people.
However, India is a party to the earlier Ilo Convention one oh seven on Indigenous and tribal population.
As I had mentioned briefly earlier, India's approach is informed by the constitutional framework and the specific social and historic context of the country.
In India, all citizens are equal before the law and enjoy the same rights as citizens.
We consider all Indians are indigenous people.
At the same time, the Constitution provides specific safeguards and affirmative measures for scheduled tribes and other disadvantage sections, recognizing their distinct social, cultural and economic circumstances.
India is currently examining the need for an implication of becoming party to ILA Convention 1679, including its compatibility with India's constitution, legal and policy framework.
The matter is therefore under consideration and no final decision has been taken at this stage.
Thank you.
May I now hand over to the Minister of Social Justice, particularly on how to define caste and tribes.
If you just mention whatever, you can share.
Thank you.
The definition of caste is, particularly related to provinces and every provincial government, they prepare the list, and they prepare the list of scheduled castes and that is in relation to that particular provinces.
This is a quite well understood and well accepted mechanism.
Uh, this has been the basis for recognition and taking proactive measures for welfare of the scheduled cast, as well as taking measures to ensure that there is no discrimination against scheduled cast.
Similarly, the mechanism for scheduled tribes is also uh, it depends upon the, provincial governments, examination of which tribe will be scheduled and there is entire framework to finalize that, and it has been a settled issue.
Thank you.
Before we handle over the flowbter is there anybody else who felt he or she needs to add something? I know the tribes as a formal mechanism of identifying scheduled tribe based on certain parameters.
Yeah.
So with that perhaps we hand over the flow bacter.
Thank you.
I think that's a we have a clear understanding.
I will give a very short break now to allow the people present here to refresh.
But before that, I cannot resist making one small comment.
We are normally engaged in a constructive dialogue.
But from the answers of the delegation up until now, What I understand is that you do not need any recommendations from our committee.
Maybe we should think a bit more about this.
Thank you.
You have 3 minutes of recess.
Detriment of the second part.
You managed to get some tea? It's strongly recommended.
Dear colleagues, Excellencies, ladies and gentlemen, I have good news and I have bad news.
I'll start with the bad news.
We are 15 minutes late in our program.
The good news is that some of the issues were already raised in the first segment, so we don't have to really dwell on them at the same length.
Having said this, I will give the floor to the country co reporteur Madame Chung, who will put her questions on Segment two Which to remind you was the situation of ethnic and ethno religious groups and indigenous peoples.
Madam Chung, you have the floor for 18 minutes.
Thank you very much, Taser.
I will talk about the conversion to Christianity or Islam of scheduled castes and indigenous peoples, including scheduled tribes.
Recent judgment of 24 March 2026, the Supreme Court of India pronounced that any act of conversion to other religions would result in immediate and complete loss of scheduled CAT status.
Please provide information and measures on this.
The committee were reported on communal violence against indigenous peoples, including scheduled tribes who confessed Christianity, what measures taken or envisages to guarantee for the protection of them.
And intersectional discrimination faced by scheduled castes and indigenous peoples, including scheduled tribes.
India's state party report does not address sexual and gender based violence against tribal or women.
However, there are many, many cases reported.
Please update information on this.
Committee found in July 2024 that violence against women from indigenous and lower caste communities was under reported.
Joint special Pro communication of August 2023 and Amnesty International in July 2024 also pointed out this reporting and inaction of authorities on gender based violence against tribal communities.
I will tell about the domestic workers.
There is no specific legislation or regulation that governs working conditions of domestic workers, including minimum wage, Social Security, et cetera Domestic workers are included explicitly under the sexual harassment of women at workplace.
However, that act falls short and does not address the compounding effect of intersectional discrimination in its provisions.
Please provide legal framework for domestic workers.
And birth registration.
Women belonging to marginalized groups, including irregular migrant domestic workers, scheduled cast and tribes, and backward cast have difficulties due to various barriers, including limited knowledge of birth registration procedures, bureaucratic obstacles, and financial barriers.
Please provide information on measures taken to remove those barriers.
I'm moving to Bengalie speaking Muslim.
In its May 2025, early warning and urgent action procedure of the committee expressed concern about legislative steps taken towards a more restrictive and discriminatory approach against Bengali speaking Muslims.
However, in March 2026, Rajastan state passed a law institutionalizing residential segregation of Muslims.
In March 2026, a panel of independent international expert found reasonable basis to believe that the systematic striping of citizenship, legality, and residence from Bengali speaking Muslims in Aslam state amount to apartheid as a crime against humanity.
Please provide a explanation on this.
Assam has witnessed it large scale diversion of indigenous land for industrial infrastructure and energy project over the years.
Only in 2025, several cases of protest by indigenous communities against land ionization for development without community consultation.
Please provide more information on this.
First, eviction of Bengali speaking Muslim community in communities in Aslam states.
Should be explained.
It is related with the National Register of Citizens, NRC.
It is the process where many huge number of according to some report, 1.9 million persons were excluded from the final list, disproportionately Bengali speaking Muslims.
In June 2026, the West Bengal State Assembly removed 77 Muslim communities from the state's other backward classes list.
Anyway, the result is they became under the danger of state.
Please provide information on the measures taken.
P also provide information on measures taken to ensure that members of ethnic or linguistic minorities are not discriminated against in the framework of NRC.
And please provide this segregated data on the ethnicity and religion of individuals who have been excluded from the National Register of Citizens.
Please provide explanation on CAA Citizenship Amendment Act in 2019, which excluded Muslim to be considered.
Now, I'm moving to ethno religious groups in Jammu and Kashmir.
We are reported that Indian authorities have instituted various policies to further the disempowerment and subjugation of Kashmir Muslims, including repeated gerrymandering of electoral constituencies and the weaponization of reservation policies.
Please provide explanation on this.
It is reported about extrajudicial killings.
It is already discussed.
But there are word fake encounters.
Please provide explanation on these fake encounters.
Since 2023, when Indian government submitted its state report, the committee recognized many grave violence by state forces and structural impunity.
Please provide explanation why such grave violences continue.
Please update information on measures taken or emphasizes to prevent and combat discrimination against members of ethno religious groups in Jammu and Kashmir, including with regard to employment and land ownership.
As for the Bengali speaking Muslim, a huge number of Kash Kashmiir Muslim have been excluded from NRC and are under the danger to be stateless.
Please provide information and measures on this situation.
Indigenous peoples, the committee noted in the 2007 concluding observations, paragraph ten, that India does not recognize its indigenous peoples as distinct groups entitled to special protection under the Convention and recommended formal recognition with reference to general recommendation number 23.
Please update information on measures taken or envisages to formally recognize all indigenous peoples.
20th and 21st periodic report of India says that the Constitution Order 1950 specified the tribes and tribal communities which are granted the status of scheduled tribes.
The criteria presented here is five.
There are five criteria.
One, instinct indication of primitive trait.
Distinctive culture, geographical isolation, Chinese of contact with the community at large, and backwardness.
What are primitive and backwardness here? What measures taken or emphasized to protect their territories, to fulfill their right to own, use, development, exercise full control over their land, territories, and resources, and to ensure the right consultation and free prior and informed consent on administrative and legislative procedure affecting them? Although there are PES, recognized the authority of Gram Chapas over matters relating to land, natural resources and local governance, effective implementation remains uneven.
Please provide information on this.
Is Indian government ratifying IRO Convention 169 concerning indigenous and tribal peoples in independent countries, which was established in 1989, in Adibasi.
In January 2026 early warning and urgent action procedure letter on Bastard.
Bastard is already mentioned.
The committee cited mining permit granted without the consent required by domestic law and the repression of indigenous environment human rights defenders.
Please provide your answer on this.
Since January 2024, the Char police and various units of the central armed police forces, CARP have operated in reward for killings mechanism.
With this mechanism, so many indigenous peoples were a victimized.
According to the Ministry of Home Affairs, 361 new security camps were established in the six years to 2025 and 656 45 police stations have been constructed in left wing extreme areas, which was discussed just before.
But how do you manage Hamfd effect from such institutionalizing militarization? How do you control so called fake encounter? Mass illegal detention and escalated surveillance of Adibsh continues.
Then corporate military convergence.
Can be used as a land acquisition strategy.
Please provide explanation on this.
This Champagne Drive.
The Champagne are subjected to exploitation and face severe racism being regularly labeled as primitive by the media and government and through encouraging tourists onto the island and building more roads and associated tourist infrastructure, there is a considerable risk of human suffering taking place among the Champagne.
Please provide information on this.
Yeah.
Then they have to be insured in their right to life, to health, to a clean, healthy, and sustainable environment, and self determination.
Please provide information on this.
In April 2022, our committee wrote to the government of India regarding the harmful impact of the Great Nico bar project on the Champagn.
Earth sent letters again in 2023 and 2026, there is no reply from my understanding until now, responding to media query about the project.
I'm at the last page.
In June 2026, Minister for ports, shipping and waterways stated, we are not going to stop We will go ahead with it.
We will definitely do it.
Then what measures taken to mitigate the adverse impact of the Great Nicobar Island project? Then in 2022, the Third Committee Early Warning and Urgent action Procedure requested India to provide information on measures taken to prevent the proposed relocation of the Chaka and Hazan communities.
On June 2024, the National Tiger Conservation Authority, NTCA directed the chief wildlife warden of 18 states to expedite the relocation of approximately 89,800 tribal and forest dwelling families from 848 villages located inside the core areas of 54 Tiger Reserve.
If implemented, this would constitute one of the largest conservation related displacement in India's history.
Please provide measures for protecting rights of indigenous peoples living there.
In April 2025, the government of Odysia declared the large amount of land of the similar tiger reserve as a national park.
The location had proceeded without proper recognition of forest right without valid gram Spa consent.
And we are reported that meaningful progress in the Naga peace negotiation has substantially slowed down because of the expansion of illicit puppies cultivation in certain parts of Manipur.
It narcotics cultivations has contributed to organized criminal networks, financing of armed violence, illegal trafficking, and broader insecurity affecting multiple indigenous communities, including the Nagas.
Please provide information on this.
In September 2023, 19 UN special procedures state that violence against the cookie, a scheduled tribe community in Manipur had been preceded and incited by hateful and inflammatory speech, and urgent action against public officials who may have aided and abetted the incitement.
Please provide your responses to this.
Thank you very much.
Thank you, Madam Chung, the court reporter.
I will immediately turn to the delegation to reply to these questions.
You have 23 minutes.
Thank you, Mr.
Chair.
Before I hand over the floor to my colleague, just one comment.
Honorable Chair, you mentioned that India was not interested in receiving recommendations.
Perhaps not borne out by facts.
But after having heard the honorable member make very detailed comments, largely misinformed about a topic that Honorable Solicitor General gave detailed responses regarding left wing extremism, I could also argue that the committee seems not very interested in listening to what we have to say.
But anyway, I will on that note, hand over the floor, perhaps to Honorable Sicyen Isa.
Thank you.
Thank you.
I'll take first the honorable members concern about the lis were converted to Christianity or any other religion.
See, matter of extending special provisions to either scheduled cast or scheduled tribe has received serious attention and discussion at length in our country and in the Indian polity.
It is also raised in the Supreme Court of India argued on both sides and the matter is settled by the final verdict of the Honorable Supreme Court.
The position as of date is that once a scheduled cast or a scheduled person converts to any other religion, the disadvantages which were attached to his being a person of that group ceases to exist, which were only amongst the Hindus and is therefore not applicable.
That is the response.
So far as the honorable members information regarding the law in Rajasthan which permits segregation of Muslims is concerned, I'm sorry, but that's not a correct information.
There is no such law.
There is a bill which is in question, bill is yet to be decided upon before the competent legislature, but I must point out what that bill intends to do if at all, it is passed.
There are certain areas where some disturbed areas has a typical problem of some groups forcing persons to sell their houses.
This law merely requires that whenever I want to sell my house, I will seek I'll go to the district magistrate.
He would satisfy himself that it's not under anybody's coercion or pressure, and it is a voluntary sale.
It's not ghettoization as it is portrayed.
So far as the report which the honorable member relied upon is concerned, it appears to be some private report prepared by some private individuals.
It's not a government report, and in any case, this is only a bill, and it would not be proper on my part to delve much into the bill till it receives attention of the competent legislature.
Now, coming to CAA.
That was one of the questions.
The answer is as under.
The primary purpose of the Citizenship Amendment Act is to provide access to an accelerated citizenship procedure for foreigners of six minority communities from three specified neighboring countries who had to migrate to India because of their religious persecution in those countries.
The criteria set out in the Act passed by the competent Parliament is reflected in the specific historical context and ground realities of the wider region beyond India.
Implementation of the Act did not have any adverse impact on the citizenship of any Indian citizen regardless of his or her religion, nor did it make it harder for migrants from other countries and belonging to other communities to acquire any citizenship.
The reason why other groups were not eligible under this particular mechanism for accelerated procedure was that they were not minorities in those respective countries and therefore were presumed not to suffer any religious persecution.
This is only a positive law denying nothing to anyone.
So far as the question of NRC is concerned, I'll come to that NIC question.
Before that, I'll answer the question regarding Chats Gar.
As I've already pointed out and the honorable ambassador has also pointed out that the information appears to be not correct.
There is no atrocity alleged or otherwise by the security forces on tribals.
At the cost of repetition, I say that these are the actions taken by the security forces to prevent tribals from being victimized at the hand of left wing extremist elements.
The tribals are happy, tribals are prospering, rest of the systems, the rest of the schemes, the rest of the benefits which were available to other parts of the country is now reaching them.
Now that naturalism, that left wing extremism has gone.
Now, so far as Jamu and Kashmir is concerned, again, I would very respectfully say that the information appears to be not correct.
On Jamu and Kashmir, I have a little detailed things to say.
Now, after August 2019, when there was a constitutional change made by the competent parliament and which was approved by the Honorable Supreme Court of India unanimously by a constitution bench of five judges, there has been a tremendous progress on all spheres of life in the entire Jamu and Kashmir without any distinction or discrimination based on race, caste, creed, religion, et cetera, I would like to share some of the figures which would satisfy that all misinformation campaign, which appears to have appealed to the honorable member, is not correct.
Now, recently in 2024, there were general parliamentary elections and we had turnout of 58.46%.
The immediately thereafter, there was assembly election and the voter turnout was 63% and all voters belong to all religions, all communities.
Now, what is the position after 2019 after the constitutional amendment? Please take note of these facts very, very carefully.
Jamuen Kashmir State now provides universal health coverage of 0.5 million per household per year to every resident irrespective of income, religion, caste, or community, amongst the first such schemes in India under which 8.8 million beneficiary cards have been issued and over 2 million hospital admissions are recorded.
This is a record progress.
This has nothing to do with religion or community.
Infant mortality rate has fallen 20-14 per thousand live births 2019-2022.
That's the last figure available.
The number of degree colleges have increased 94-147 while number of medical have increased from merely four before 2019 to 2016, which includes two All India Institutes of Medical Sciences, which is considered to be the Apex hospital in most of the major cities of the country.
More than 650 billion has been allocated to development projects, including higher end medical education infrastructure, agriculture, and irrigation, while over 60 billion Indian rupees has been invested in road infrastructure only in Jamu and Kashmir.
Road construction is more than doubled from 909,252 kilometers in 2017 to 2020 to 21,799 kilometers in 2020-24.
The Udampu Srinagar Baramula rail link, which is inaugurated, has connected Kashmir to national rail network.
This has happened for the first time.
Pension coverage for the elderly, widowed, and persons with disabilities have risen from 0.61 million to 1.8 million with targets met.
For tribal communities in Jammu and Kashmir, six residential schools and 300 smart schools have been completed with five tribal hostels built and 26 more already under construction.
The reach of digital services offered by the government have seen a sharp rise with more than 1,000 hundred and 66 types of government services available online compared to about 60 such services till August 2019.
The development progress is well reflected in increasing tourist number with a number of visitors touching an all time high of 23.6 million only in the year 2024.
Tourism has been accorded industry status with more than 2006 54 homestys which are already registered.
The new central sector scheme notified in 2021 has an outlay of Rupees 284 billion.
The total investment so far has been more than Rpees 160 billion.
All these efforts have generated employment in an unprecedented manner, and all these figures and facts which I have given are obviously by their very nature, nothing to do with religion, community, or any other factor, every resident of mu and Kash.
Now, last, I'll take the question of Narsi in the state of Assam.
The implementation of National Register of Citizens in Assam must be viewed in the context of longstanding and legitimate concerns regarding the demographic change in that particular province, the preservation of Asam's distinct cultural and linguistic identity, and the protection of land and other constitutional and statutory rights of Asams tribal communities.
Any characterization of this exercise that deems it inherently discriminatory, I specifically say is misleading and factually incorrect.
The NRC exercise was undertaken pursuant to an applicable and well defined statutorily backed legal framework and under judicial directions of the Supreme Court and is not a measure targeting any particular ethnic, religious, or linguistic community.
Citizenship determination is governed by established legal regime and legal procedures applicable to individuals rather than by their identity or community affiliation.
At the same time, India does recognize the importance of preventing erroneous exclusion and ensuring effective procedural safeguards which are in place.
To review claims and objections with regard to exclusion from NRC, please note, 100 foreign tribunals have been constituted only for the state of Assam.
As on 31st of March 2026, 434764 cases have been referred to these foreign tribunals, out of which three LC 59,953 cases have been disposed off and approximately 75,000 cases are pending.
Thank you very much, sir.
May I now hand over the floor to doctor Aquino? Thank you.
Regarding the query which was raised regarding IO Convention 169.
I had replied earlier.
In fact, I'll just repeat it for information that there are specific constitutional provisions to safeguard and take affirmating measures for S tribes and other disadvantaged sections, recognizing their distinct social, cultural and economic circumstances.
The government is currently examining the need for and the implication of becoming a party of Ilo Convention number 169.
Including its compatibility with Indian constitutional, legal and policy framework.
The matter is therefore under consideration and no final decision has been taken at this stage.
There was a query regarding Champion tribe.
Before this, I just want to reiterate what I had mentioned that India's position on scheduled tribe, uh, cannot be automatically equated to indigenous people as this expression is understood in current international context.
However, with regard to the Champn tribe and the Greater Nicbar Island Project, I would like to say that India attaches the highest importance to protecting the Chompns life, health, habitat, and distinct way of life.
The Champn policy, 2015 is based on minimal contact and minimum interference, reflecting their voluntary isolation and particular vulnerability including to diseases arising from external contact.
In this context, reference to free prior and informed consent must be approached with particular care.
This cannot be applied mechanically in a manner that requires direct engagement with an isolated and highly vulnerable community.
When such contacts may endanger its health, autonomy, and way of life.
Protection of the champon requires respecting the choice of remaining isolated rather than compelling interaction in the name of consultation.
Accordingly, necessary consultations and safeguards have operated through competent institutions and specialized mechanisms, including the Ministry of tribal affairs, the Anthropological Survey of India, tribal authorities, and the empowered committee comprising senior officials and eminent anthropologists.
The administration has categorically confirmed that the project will neither disturb nor displace the champne.
Their habitat has also been specifically protected.
Adjustment to the tribal reserves have resulted in the net addition of 3.9 square kilometers to the tribal reserve.
The environmental and ecological impacts have undergone extensive assessments by specialized national institutions with mitigation measures and continued monitoring built into the project implementation.
The environmental clearance has additionally undergone scrutiny before the National Green Tribunal, which is the Apex judicial body on environmental issues in India.
For the champions, therefore, protection means no displacement, preservation of their habitat, minimum interference, avoidance of harmful contact, and continued environmental oversight.
These safeguards seek to precisely preserve their life, health, autonomy, and distinct way of life, which mitigates any adverse impact of the project.
There was also a question regarding the national tiger reserves and the displacement.
On this, of course, the question again was about free, prior and informed consent in relation to the communities residing in these areas.
Uh, here, I would like to clarify that the principle underlying the free, prior and informed consent is given concrete legal effect in relation to relocation of communities from critical tribal tiger habitats.
Indian law does not permit involuntary eviction of scheduled tribes or other traditional forest dwellers for this purpose.
Relocation may take place only on mutually agreed terms after forest rights have been recognized and verified.
Importantly, where relocation is contemplated under the Forest Rights Act, the concerned Gram Saba or the elected village council must provide their free prior and informed consent in writing to the specific relocation and rehabilitation package.
Family choosing relocations are entitled to a comprehensive rehabilitation package, presently valued at rope is 1.5 million per family with options concerning the form of rehabilitation.
The process is deliberately voluntary and incremental.
Since January 2022, 5,166 families have been relocated while approximately 64,800 families in 591 villages continue to reside.
Within the core area of Tgal reserve.
India therefore pursues the tiger conservation alongside protection of the rights, choices, and livelihood of forest dwelling communities with a concern constituting the integral safeguard against involuntary displacement.
Thank you.
Thank you.
We're running really tight on time.
Can I give the floor to Madame Mista Mitch? Mr.
Chair and esteemed members, with regard to questions concerning the Chakma and Hajan communities, at the outset, it is important to distinguish questions concerning citizenship and naturalization from racial discrimination.
Article 1, procy of the Convention expressly recognizes the competence of state parties regarding legal provisions concerning nationality, citizenship, and naturalization, provided such provisions do not discriminate any action against any particular nationality.
Application for Indian citizenship by members of the Chaka and Hajan communities are considered under the Citizenship Act 1955, and the rules framed thereunder.
The applicable statutory requirements are of general application.
They do not distinguish between applicants on grounds of race, color, descent, or national or ethnic origin, nor do they single out the Chakha or Hajan communities for differential treatment.
Further, we also wish to clarify that no deportation or relocation of Chakha and Hajan community has been ordered or authorized by the government of India.
Thank you, sir.
Thank you.
May I now give the floor to Madam Mona from socialists.
I'd like to respond to the query on gender based violence against SCNST women.
I would like to brief that the prevention of atrocities Act list 47 offenses under which five offenses related to SCNST women are also categorized.
These are rape, attempt to commit rape, assault on SE women to outrage her modesty, insult to modesty of SE women.
Also kidnapping and abduction is also related, in all six such crime, and if we look at the figures 219-224, we have seen an, um, I in the trend, increase in the number of cases registered for rape 2326-4214.
These cases, they are getting registered.
Next, I would like to mention that, uh, government is quite well aware of the need to take adequate majors for cross sections across the communities, including within SE and ST communities.
Accordingly, 30% reservation has been provided for women in each category of SEST in general for representation at local self government.
Under programs for educational advancement of SEs and STs, 30% share is mandated for SE girl students.
I would also like to mention that 20% reservation for female students has been provided in Epics Educational Institutes of Indian Institute of Technology.
Now I would also like to briefly mention that a query was raised related to difficulty in birth registration.
So there is an Act for registration of birth and death, 1969, which mandates that births, they need to be registered within 21 days and the responsibility also lies with the government machinery and functionaries.
The primary responsibility lies with the local self government and also it rests with the hospitals where children birth takes place.
This is registered through civil registration system.
In addition, other important documents like other, government has also provided a mechanism for registration of Bladder, and that is a system has been put into place that it is done as soon as possible after the birth.
I would also like to mention that, so far as measures to ensure protection of rights of STs are concerned.
I will You have 30 seconds.
Yeah.
So I will just add that government has taken adequate measures to ensure that assets, especially the land of ST persons are, uh, uh, not sold to non ST person without due diligence at a very higher level of government functionary.
There is a right to health related query was also mentioned, but I think that I can cover maybe tomorrow.
Thank you.
Thank you.
Thank you very much.
Also, I'd like to remind you that after tomorrow, you will have 48 hours to be able to submit any information you think is relevant for the committee members to consider when the drafting of complete observation is going to be made.
So we have an extra possibility like that.
Now, I immediately turn to the country rapporteur for follow up questions.
Madam Chung, I'll start with you and the floor will be open to all the members, of course, but you have 12 minutes for that.
Thank you very much.
Thank you very much for the answers.
I have to raise another Follow up questions, not another.
The point the information is not correct.
It's not correct.
Statistics is not correct.
You know, I don't just cite from one paper from unknown people.
I mostly depend on the investigation and the report by our committee.
And other parts of UN human rights mechanism, including Human Rights Council special procedures.
And all these questions are based on discussions and investigations among our groups.
Yeah.
Anyway, the I believe you already know the early warning and urgent action procedure at our committee.
We received the submissions from the affected groups, and then we will make an in depth investigation and collect information and discuss it the seven members of the group and decide whether we will proceed the case or not.
It's not incorrect, you know, I'm very sorry.
I have to say that.
Thank you.
Thank you.
Chung.
Thank you very much.
I have five more people in my list.
If you have a question to formulate very shortly, Questions? No.
But I have to answer the response from the Indian government.
It's not incorrect.
That's all I want to say.
And then, for example, in the Kashmiir Muslim and Aslam the Adiwasi people and then all The based on historical context.
And we have in depth the investigation with the the testimonies from the affected peoples.
So Please.
I will stop you.
Thank you.
Thank you, Madam Madam Sabrina, you have 1.5 minutes.
Okay.
Thank you.
Thank you, Chair.
Let us just acknowledge that it's a difficult exercise dialogue for both sides.
Because I mean, we try to be comprehensive both sides and it goes fast and sometimes we don't have so many people to write for us your answers, but also we need to deepen our dialogue.
So that's why we come back to some questions.
I want to raise an issue that has been one of the recommendations in two oh seven.
The committee recommended that India repeal the habitual Offenders Act, the successor legislation in the colonial criminal tribes.
Thank you so much.
Sorry.
Thank you, and effectively rehabilitate the denotified and nomadic tribes concern.
So the National Commission for Denotified nomadic and semi nomadic tribes has since endorsed this recommendation, yet implementation has been left to individual states with only two jurisdictions acting and at least one state explicitly opposed.
In the October 2024, the Supreme Court ruling addressed only the discriminatory application of the habitual offender classification in prison manuals.
Leaving the legislation itself intact, could we have a concrete answer on if there is any intention to repeal and comply and fulfill this recommendation by the committee.
Just finish with Habitual Offenders Act, which is very much harmful.
Thank you very much Chair.
I'll leave it to you.
Thank you.
I D, Have you asked for the floor, Mr.
Diaby.
You've got 1.5 minutes, please.
Thank you, Chair.
I would, of course, at the outset wish to address my warmest greetings to the delegation from the state party.
I would also like to congratulate my colleagues on their high quality work.
Chair, I was asking for the floor because earlier on this afternoon, the head of the delegation stated that coming back to the same question showed that we weren't listening properly to the answers.
Nevertheless, it's not a lack of interest.
Ten years have gone by since the last time that we met with the state party and so we need to gather more up to date information.
There's a triangle of information though, because the state party provides us with information, but there are also other sources available to the committees such as other committees and reports.
This is why We sometimes have different sources.
Now, we're not here to judge anybody.
We are here to help state parties fulfill their international obligations.
It's certainly not a lack of interest if we haven't asked all our questions so far.
Sometimes they fit better into other clusters.
Thank you.
Miss sinema, you have the floor for 1.5 minutes.
Thank you, Chair.
I don't know if I'll be able to ask my question within a minute, but if I don't manage to complete what I have to say today, I'll come back to it tomorrow, I should say, I would like to come back to supression of rights for the Naxils and also the withdrawal of rights from Dalits who change religion.
Sometimes this committee has been told that faith based discrimination does not fall under our remit, but that's not the case at all because Article 5D of the Convention foresees that each individual has the right to choose religion regardless of any racial or ethnic or dissent based issue.
So The state party provided us with an answer concerning the Supreme Court ruling of the 24th of March 2026, which was based on a presidential order of 1950, which limits scheduled casts to Hindus, Sikhs and Buddhists and concludes that if you do not belong to those religions or convert to one of the other religions such as Christianity or Islam, then you lose those rights.
This seems to me that there is a contradiction between that presidential order and the Constitution.
I would like to know which of the instruments prevails in the legal order.
Is it your Constitution or the presidential order or decree? This is because the Constitution states in Article 25 that India guarantees freedom of religion as a fundamental right for each citizen who must be able to freely choose the religion they practice.
Article 16 also creates corrective measures such as quotas in employment and education for the historically disadvantaged groups and which are underrepresented.
When we are in a situation whereby one social group loses its rights or quotas simply because they have changed religion is something which perhaps warrants deep consideration.
I'm not obviously criticizing the Supreme Court ruling, but I would like to know which prevails, the Constitution or the presidential order from 1950.
So I don't know if the constitutional amendment of 1976 has resolved this issue, but I don't know if I can carry on because I don't have much time.
The chair interrupts.
Perhaps you can continue your questions tomorrow, miss lame.
I will now give the floor to miss Tiber, but you don't have much time, madam, I'm afraid.
Thank you, Chair.
Asneme has already touched upon what I wanted to say.
I would just like to say that I fully support the comments that miss Esme has just made.
Now, when we examine the state parties legal framework, it seems as though freedom of religion is fully protected by the Constitution.
I would like to know how can you have provisions whereby certain people such as Dalits who convert to Islam or Christianity lose their rights.
So I would like to know if the state party plans to amend these legal provisions in order to ensure that there is effective protection which is not based on religion and that castes continue to enjoy their rights even if they convert to another faith.
Thank you very much.
I immediately turn the floor for 17 minutes.
Let's see.
May I first give the floor to additional Solicitor General, Mr.
Natraj on the Kian Habitual Offender.
Thank you.
Respect to the chairman and the members, the original Habitual Offender Act was colonial era legislation, namely Criminal Tribes Act 18 71.
This act was notified around 200 tribunal communities as hereditary criminals, which repealed immediately after India's independence, that is in the year 1952.
This led to de nottification of these communities, which are now referred to as denotified nomadic and semi nomadic tribes or BNTs.
Currently, there is no central legislation in this regard.
No criminal case can be registered against a community collectively.
It is only against individuals.
However, some provinces in India have legislations pertaining to habitual offenders.
These legislations are not directed towards any specific community.
They are legislated keeping in mind larger social interests.
The object of such legislation is to keep a check on the individuals who has habitually indulged in criminal acts.
The National Commission on the nomadic and semi nomadic tribes has recommended to repeal any such legislation if they are inconsistent with constitution.
Thank you.
Thank you.
May I now hand over the floor to San City General.
Thank you.
So far as the issue concerning the violence in Manipu is concerned, It experienced an outbreak of ethnic violence in May 2023, rooted in a longstanding historical divisions between two communities.
Victims were drawn from both the communities and from every segment of the society.
We have extended relief and rehabilitation without distinction between the communities.
The total outlay started from 2023 and continued till date for the financial year 24 25, the total outlay is 8.2 billion rules, which is continuing.
The immediate relief is also given.
Rehabilitation efforts are being made.
So 7,000 houses are constructed, settlements are being made, and those who are resettled, they are now out of the camps.
Rehabilitation proceedings are obviously going in phases.
By March 2026, approximately 16,500 persons from some 3,700 families have already been resettled.
Now, about the investigation into the offenses, there is an exemplary framework which is provided by the government before the Honorable Supreme Court of India.
That is, I'll just briefly narrate every reported case of sexual violence in Manipur is under investigation by a special investigation team headed by senior police officers who are drawn from states other than Manipur.
They are not officers from Manipur.
To ensure independence, this is the step which is taken.
There are 42 special investigation teams which have been constituted to investigate cases of general violence other than sexual violence.
Trials of these cases have been transferred outside Mopool that is in the nearby states, and the Supreme Court of India, having taken cognizance of this offense and this situation has constituted a three member team, which consists of three former women judges, one of whom is a former Chief Justice of the High Court, and they are overseeing the questions of relief, rehabilitation, and resettlement of victims and directly reports to the Supreme Court.
The investigation is also being monitored by a senior level police officer appointed by the Supreme Court who directly reports to the Supreme Court.
Now, I'm happy to share that the violence is controlled.
There is no violence, the peace has returned, and the rehabilitation work is going on.
So far as domestic workers is concerned, as of now, the domestic worker is included in all labor legislations and more particularly Code on Wages 2019, Occupational Safety Health and Working Conditions Code 2020, and Code on Social Security.
There are several laws, I'll not enumerate because of want of time.
We'll place it within 48 hours as the Honorable Chairman has said.
But recently, the Honorable Supreme Court did take cognizance of this fact and has constituted an expert committee to go into the question of legislation or some framework for the domestic workers.
So far as the conversion issue is concerned.
Let me make it very clear that India has freedom of religion not only as a societal concept, but as a constitutional mandate under Article 25 and 26.
There is no prohibition against conversion from one religion to another.
The Only question is regarding the advantages which were available to some disadvantaged groups.
The issue was discussed and debated since decades in the intellectuals amongst the affected parties, Gamer government, Indian poly, courts, et cetera, and now it is fully covered by the judgment of the Wnable Supreme Court.
I must clarify the judgment is not against any presidential order and judgment is perfectly in tune with the constitutional spirit as well as the constitutional text of Indian Constitution.
I think that answers the question.
Thank you.
I understand there was some additional data on left wing extremism area, addition solicitity generation network.
Regarding Adiivasis our forest dwellers rights are concerned.
I would like to add in addition to what L So General has already said, Adivasi our forest dwellers rights are fully protected in India.
As a matter of fact, they were exploited by terrorism prevalent in the region by extremists.
However, due to government's proactive initiation, the same is now stopped.
The people are happy, and there is peace in the region.
We are fully committed to protect the rights and interests of Adiwasis, but at the same time, terrorism, which badly affects them cannot be allowed.
Further, I'd like to add the police are not entrusted with the responsibility of obtaining consent for putting away of their lands.
Police are only law enforcement agencies to maintain law and order.
Insofar as acquisition of land is concerned, by which the property of an individual can compulsory be taken away for any public project is concerned.
The same will be done strictly in accordance with the applicable acquisition legislations.
In fact, the New and Acquision Act introduced in 2013 specifically mandates insofar as acquisition of the lands of scheduled areas where such adivoass are residing is concerned, more rigorous provisions have been incorporated Iteria consent of such audioses and local bodies are mandated.
Therefore, there can be no apprehension that police or any other law enforcement agencies may take away lands of ardivoss that is a misplaced apprehension.
Thank you.
I hand over the flow to solicit for a query? There was a question regarding fake encounters.
The government is concerned about the fake encounters, and the present existing statutory mechanism take care of that system.
As I've already indicated, there is a mandatory requirement of magisterial inquiry simultaneously with the investigation.
In some cases where the facts and circumstances so justify, the affected parties or even public interest public spirited persons do approach the constitutional courts, namely the high courts or the Supreme Court of India.
If the facts so justify, the courts also constitute special investigative teams chosen by the court itself so that there is a neutral and impartial investigation whether the encounter was fake or was a genuine encounter.
Ultimately, the matter goes for adjudication, trial, and the trial court takes over and the acquittal or conviction results after an elaborate and exhaustive process of trial where even a victim can also participate, he has equal participation.
Thank you.
Thank you, sir.
There was one specific issue on which I don't have a response on Simbal project, an allegation that Grams consent was not taken.
I find it difficult to believe that a project would have gone through.
We have very clear guidelines on how to implement the projects, but there are remedies available on such issues.
I'm just trying to look at if there's any other query that we have missed altogether or did not supply or a couple of issues somebody said we'll come back tomorrow.
Should we stop here? Anyone else would like to add anything? If not, sorry.
Madam Honor please.
The protection of the rights of scheduled tribes are concerned.
In addition to what already has been said, there is also process of public hearing process of sending out public notice.
Also, the representations are invited and a hearing is given to each of this representation.
There is a provision for rehabilitation of project affected persons, and there is an elaborate mechanism to the generally protect the rights of scheduled persons.
They have been given forest rights.
They have also been given rights for minor forest producers.
Thank you.
Man.
So Thank you.
May I now give the floor to Madam Misa from Mr.
Hoffers.
There was a query about drug situation.
There was a query about drug situation in Northeast, specific inferences drawn from Nagaand issues.
In this regard, I would like to apprise the committee that narcotics issue is a serious issue and government of India has taken note of it.
It is on priorities of the government of India and to tackle the narcotic control.
Narcotic related issues, government of India has come up with a vision document for next three years which encompasses enforcement activities, regulation on diversion of precursors and capacity building, and also on demand reduction and harm reduction, which will also include the cultivation of drugs in northeast region, specifically in the reference to Nagaen.
That issue is in the Notice of Government of India and we are acting upon it.
Thank you.
You need to get the floor.
You have the floor, madam.
Thank you.
I would like to briefly reply to the query related to right to health, especially with respect to SE and ST persons.
India's approach to the right to health is based on universal and non discriminatory supplemented by targeted intervention where particular communities, especially SEs and STs face specific health vulnerabilities.
I'm happy to submit a good example That is the launching of national sickle cell anemia elimination mission in July 2023, with the objective of eliminating sickle cell disease as a public health problem by 2047, while available to affected populations generally, it has a particular focus on tribal communities where prevalence is significantly higher.
Mission envisages screening of approximately 70 million persons aged 0-40 years in affected areas.
It combines early detection of patients and carries with genetic counseling, awareness, treatment, follow up care and sickle cell genetic status cards.
Centers of competence are also being established in premier public medical institutions for advanced diagnostics, prenatal diagnostics, counseling, and tertiary care support with financial assistance of up to rupees 60 million per enter.
Community level implementation is strengthened through training of frontline and primary healthcare personnel.
This targeted majors operate within India's much larger universal health care architecture, including public and preventive health care and publicly supported health insurance providing access to secondary and tertiary care.
The results should also be seen against India's broader national health trajectory.
Between NFHS four and NFHS five, national infant mortality declined from 40.7 to 35.2 per thousand live births, under five mortality from 49.7 to 41.9 and institutional deliveries increased from 78.9 to 88.6%.
Thank you.
Thank you.
I think they will raise more questions notwithstanding your statement on health tomorrow.
But anyway, we will retreat.
May I hand over the floor now, doctor? I just wanted to make a short point on the issue of intersectionality.
This is an issue which, of course, I briefly mentioned in my initial comments, but I do realize that this is an issue which is coming here again and again and it's not our intention not to reply, but said that we don't want to dilute or shift the focus from the mandate of this committee.
But also want to reiterate that when it comes to India constitutionally and within our legal framework, there is actually a very progressive system when it comes to multi la discrimination which happens.
This is something which is also addressed in various Supreme Court judgments to ensure that the intersectionality issue is handled and a person doesn't get a disadvantage because of multiple elements which are there in an individual when it comes to discrimination.
I thought I'll just make this point just to keep that element in this committee's conversation.
Thank you.
Sir, 1 second, I want to add to that in half a minute.
I just add one thing to my learned colleagues submission on this intersectionality.
When our constitution was being framed, the framers of the Constitution were conscious and cognizant of this intersectionality, which is a very country specific issue because of the inherent diversity in the nature in the country.
Therefore, they have provided for enough and substantial safeguards to ensure that this intersectionality is taken care of.
If one goes through all the fundamental rights and all other constitutional provisions on various places, this issue is dealt with and fully covered by the constitutional principles.
Thank you.
Thank you, sir.
With that, can we hand over the chair with 20 seconds to spare? Thank you, sir.
Thank you very much.
Colleagues, Excellencies, ladies and gentlemen, we have come to the final minute of our meeting today.
As Monsieur Derby has said, there were a lot to cover that we had to discuss with you in the last 20 years.
So it's normal that things will come up again and again.
As they will tomorrow because Segment three tomorrow is also a continuation of most of the things that we have started discussing today.
With that, I wish you all a very good evening and I declare the 3229th meeting of the committee closed.
Thank you very much.