3230th Meeting, 118th Session, Committee on the Elimination of Racial Discrimination (CERD)

Good morning.
Colleagues, Excellencies, ladies and gentlemen.
I declare open the 3230th meeting of the committee on the elimination of racial discrimination.
I will start with two announcements.
The first one is that there is an orange alert for today for the heat wave.
It will reach 35 degrees centigrade with high levels of humidity, so please do not forget to rehydrate often.
The second announcement is that this evening at 8:20, there will be an eclipse.
If you're interested, the suggestion is that you should go to the left bank of the lake and the river and got to a higher elevation to be able to see when the sun goes down behind the Jura Mountains.
Having said that, I warmly welcome this morning the delegation from India appearing today before the committee led by His Excellency, Mr.
Tushar Meta, Solicitor General.
We are going to continue our constructive dialogue that we started today, and we are going to focus on the following themes in segment three and four.
Segment three, we will focus on the situation of ethnic and ethno religious groups and indigenous peoples, and the Convention in domestic law and the institutional and policy framework for its implementation.
Segment four, situation of migrant workers, refugees, asylum seekers, and stateless persons, human rights, Education.
Again, a kind reminder of On the need for the strict management of time, we want to cover as much as possible.
But to be able to do that, we have to be very strict in our interventions.
Without further delay, I'll give the floor to Madam Stavnai the country rapporteur, for her questions.
Madam Stavnaki you have the floor for 20 minutes.
Thank you, Mr.
Chair and let me warmly welcome back existing delegation.
Yes, we focus on a few among the issues that you just mentioned.
I'm starting with the situation of ethnic, ethno religious groups, and indigenous peoples.
State party report is comprehensive on scheme and budgetary data, reserved seat, employment reservation figures, the PMAYU housing, et cetera, but includes funding figures instead of clear outcome or segregation reduction indicators as requested by the committee in our previous dialogue.
Since 2014, ChachR committee recommended minority welfare infrastructure has been rolled back The Moula Azad Fellowship was discontinued, scholarships were frozen since 2022, even as comparable as CSD schemes expanded.
Focusing on segregation, Rajasthan in March 2026 and an expanded Gujarat Disturbed Areas Act now restrict property transactions in areas designated disturbed on grounds of demographic imbalance.
Consistent with a February 2026 study of 1.5 million neighborhoods finding markedly worse public service access in the segregated Muslim areas.
Beyond the budgetary and scheme data that the state party has already provided in the report, what indicators do the authorities use to measure an actual reduction in segregation or in discriminatory practice, in fact, and that state party plan to commission or publish outcome evaluations involving also civil society and communities? Affect it.
Can the delegation respond to this Rajasthan and Gujarat disturbed Areas Act legislation restricting property transactions on grounds of demographic imbalance and those independent findings of residential segregation of Muslims? What explains the discontinuation of the Mulan Azad Fellowship and the scholarship freeze since 2022? Does the state party intend to restore this welfare infrastructure? I'm now passing to the situation of Dalits and focusing on unattachability, exploitative labor, child labor, and segregation.
The committee takes note of the legal framework, including ICTI's priority for SAST villages, the manual scavengers Act, General women's safety measures, though data remain and disaggregated for Dalit women and girls.
Despite the 2013 Act, at least 1289 people have died cleaning sewers and septic tanks since 1993, 52 in 2024 alone.
With no recorded NCRB prosecution of 18.4 million acknowledged bonded laborers, under 2% have been rehabilitated since 1978.
The rehabilitation budget was cut 75% in two years, 63% of rescued workers survived were Dalits.
According to reports before the committee, in June 2026, police in Mujafarhn and sorry again for my pronation, Uttar Pradesh rescued 12 workers, some minors from a disposable leaf bowl and paper plate factory.
They were alert from railway stations and bus stands with false promises of work and stripped of documents.
They had been confined for months, some over a year, forced to work before dawn until midnight, fed tine made of cattle feed and beaten with iron rods, wipes and dogs.
One worker allegedly died under torture in late 2027 and his body disposed off.
Charges were registered under the Bate Sanita, the Bonded Labor System Act 1976, and the Child Labor Prohibition and Regulation Act, but the case came to light only because a worker scaled the factory wall and reached a police station, not through state labor inspection or other enforcement mechanism.
A 2021 UNTP report ranked scheduled tribes India's poorest group.
50.6% in multidimensional poverty, followed by scheduled casts, 33.3%.
Caste based exclusion persists in domestic work, including urban companies 2025 instant made service, later renamed after backlash over denial also of washrooms and water.
Maharashtra SE sugarcane, sugarcane cutters report coercion into high stoive miss.
Andhra Prades, Karnataka and Bihar have reportedly also excluded dilit communities from relief and recovery, reflecting the absence of, of course, what is required under the convention, Castro sensitive disaster governance and intersectionality.
These patterns extend to disaster response.
Floods in Andra Prades, Karnataka, Bihar, and other regions have reportedly excluded Dalit communities from relief, compensation, housing, and recovery programs, deepening existing inequalities and pointing to the absence of this approach required under the convention.
Please clarify and provide examples which anti discrimination laws covering cast in private employment, whether the 2025 Labor Code address caste based discrimination.
Given zero recording NCRB prosecutions under the Manual scavengers Act since 2013 against background of this high number of deaths.
What is the state party doing to eliminate the practice rather than just criminalize it only in law? Could the delegation provide information on measures to end bound labor, including through work inspections with fewer than 2% of bonded laborers rehabilitated since 1978 and the rehabilitation budget cast, does the state party consider its current resourcing adequate to the scale of the problem? What updated disaggregated data exists on the incidence of untouchability practices and segregation of dialects in housing, education, and public spaces, and what outcome measures as distinct from scheme description? I know it was briefly discussed yesterday, but it would be good to clarify whether the data shared on gender and sexual violence were cast disaggregated, given that the figures in the report are population wide.
So finally, what measures are taken to ensure that delt and other marginalized communities are not excluded from flood relief compensation and recovery programs? I'm now passing to participation and representation in public and political life.
I know it was briefly discussed yesterday, but we have to come back to this point to understand better the situation in the country.
The report provides reserved constituency figures, employment reservation percentages, and group AC civil service representation data comparing 1965 and 2019, but confirms reservation has not been extended to higher judiciary appointments, which remain a matter of collegium discretion.
Yesterday, the committee raised our concerns on the West Beecal special intensive revision of electoral laws through the citizenship discussion and the reported removal of up to 9 million names ahead of the April 2026 elections and will not repeat these questions here, though I look forward to the delegation's response in due course.
I would like to use the time remaining to focus on representation within the judiciary, the civil service, and civil service, and the university.
March 2026, the government informed parliament that of 849 high court judges appointed since 2018, only 33, 3.9% belong to the scheduled cast category, while also acknowledging that cast wise data on serving justice is not maintained centrally, which of course, raises an issue of transparency and accountability.
Speaker, Carney Slodan for the interpreters, please? Based on my research, only two persons from the scheduled cast community have served as Chief Justice of India, Justice Balakrishnan and Justice Gabai.
Government data further show that scheduled casts make up only 2.42% of serving administrative service officers, 3.6% of police services officers and 4.3 39% of foreign officers, well below the constitutionally mandated 15% reservation, pointing to persistent barriers in senior decision making positions and other positions.
Academics and researchers from scheduled castes and more broadly, those working on cast and racial discrimination are reportedly underrepresented in recruitment to universities and research institutions, limiting, of course, both career advancement, but also the depth of independent scholarship available to inform policy in this area.
And what is the explanation for not extending reservation to appointments in the higher judiciary? Is the state party considering alternative measures to improve diversity on the bench, including addressing the absence of centrally maintained cast date on serving judges? What is being done to close the gap between the 15% constitutional reservation for scheduled cast and their actual representation in civil service positions and the university.
Al, could the delegation provided updated data on SC and ST representation specifically within law enforcement agencies as distinct from civil service white figures.
I now pass to right to health and education.
The report describes the NHM NA UHM architecture, Janas Car Cram, Mission intra Dans, and nutrition programs in universal terms without scheduled cast and tribs disaggregated outcome data.
So this is the same gap the committee raised in two oh seven.
NFHS five data fill part of that gap, and I know that it was raised, so I'm really looking forward to hear more about this data.
Anemia affects 59 2% of scheduled cast women aged 15 to 49 against a national average of 57% and 69% 0.5 of scheduled cast children aged six to 59 months.
Under five mortality among scheduled casts stands at 49 per 1,000 live births against 33 among communities outside the ACSD categories.
Neonatal mortality is 29 against 20.
Comprehensive cast dis aggregated data on maternal mortality on the mental health impacts also of cast discrimination remain unavailable.
On education, spending and gross enrollment ratios have brasen but no incidence data exist on classroom segregation, nor independent monitoring of the 25% private school quota under Section 12 paragraph one C RTE.
On Muslim educational institutions specifically, it was reported that since October 2024, the NCPCR, the National Commission for Protection of Children's Rights, has recommended states halt Madrasa funding.
Assam has converted over 1,200 government aid mades to general schools.
Utteraga sealed over 170 mades in April 2025, and Jam and Kashmir has seized over 2070 schools linked to a banned organization.
For Adivasi children, enrollment is operatively high, 67.7%, but primary level dropout is also high 70.9% with negligibible use of Adivasi language as a medium of instruction.
Given these disparities in anemia and under five neonatal mortality among scheduled castes, what measures beyond universal schemes specifically target these gaps and will the state party publish comprehensive cast disaggregated data on maternal mortality, but also the mental health impacts of caste discrimination? What independent monitoring exists of the 25% private school quota and can the delegation clarify the legal basis and safeguards for the funding conversion, closure measures affecting Madrasa since 2024.
What accounts for this high primary level dropout among Advasi children despite comparatively high enrollment and does the state party plan to expand instruction in Adivzi languages? And I finish my part with the issue of Human Rights defenders.
The report describes a general protective framework, the RTI Act Act two oh five, the Whistleblowers Protection Act, and the National Human Rights Commission 247 Human Rights Defender Complaint focal point, toll free numbers, a small number of monetary relief recommendations over the last four years, but nothing specific to defenders working on racial, caste based, tribal discrimination issues, which is what the list of them asked about.
Civil Society and the list of issues.
Civil Society reports that civic space for organizations documenting racial discrimination has been significantly constricted through the Foreign Contribution Regulation Act 2010 as amended in 2020, the Prevention of Money Laundering Act in two oh two and the Unlawful Activities Prevention Act in 1967, used to cancel foreign funding licenses and to investigate or prosecute staff at organizations monitoring discrimination, but also in the BMA Corrigan Elgar Parsat case, 16 lawyers, academics, and defenders were arrested under anti terror legislation, including scheduled cast scholar Anand Tltunde, Dialect rights activist Sudhi Dawale and Father Stan Swami, a 94-year-old Jesuit priest who had spent decades defending Avaziland rights and who died in judicial custody in July 2021.
After repeated denial of bail and medical care, a case the UN working group on arbitrary detention found arbitrary.
In Bastar Advazi defenders, including Sanita Bottam of the Bajram Mach, designated unlawful in October 2024 report a pattern of rearrest on new charges timed to prevent release even after acquittal in most prior cases.
Co founder Ragu Miami remains in custody under the UAPA despite the ban on the organization having collapsed.
A similar pattern of repeated prosecution on minor charges has been reported against land and river right defenders in Assam and a natural products opposing displacement by infrastructure projects.
What monitoring mechanisms exist to identify and address abusive application of the FCRA prevention of money laundry Act and the UAPA against organizations and individuals working on caste race or tribal rights issues.
What data does the state party maintain on incidents of harassment, intimidation, reprisal against defenders working specifically on racial, caste based, or tribal rights issues? Finally, what is the government's vision for the role of civil society in monitoring and addressing racial and caste pice discrimination in India.
Will the state party consider making a public statement to protect defenders from and prevent abuse and harassment by also private actors? What are the measures taken to address similar concerns expressed, as we know by other human rights mechanisms, such as special porters of the Human Rights Council and also the Human Rights Committee? I will stop here.
I still have 2 minutes and 30.
Thank you, Mr.
Chair, and thank you in advance for your answers.
Thank you very much for saving us some time.
I will immediately turn to the head of the delegation and give the floor for 20 minutes to answer these questions raised in this first team segment.
Thank you.
Thank you, Mr.
Chair.
To begin, I will hand over the floor to Monat, additional Secretary of the Ministry of Social Justice and Empowerment.
Mr.
Chair, I would like to begin with bringing to the notice of esteemed committee, the recent number of candidates selected for the highest level of civil service examination.
In total, there were 958 candidates were selected out of which 158 belonged to SE, which is 16.79 percentage a little above than the mandated reservation.
There were 73 ST candidates, which is 7.62%, again, a little more than the mandated percentage.
Other backward cast candidates were 306 and economically VCR section 104 and general category candidates were only 370.
Now, I would like to bring to the notice of the ESTM committee, the elaborate support provided to schedule cast and scheduled tribe right from right from secondary school to high school to higher education and even to overseas education.
They are provided with the free coaching to appear in this kind of competitive examination.
I have an elaborated data.
However, to save the time, I will just illustrate a few of them.
So far as secondary school is concerned, in 2024, 25, 2.16 million students were provided with 4.6 billion of scholarship support.
In case of higher secondary school education in 24 25, 4.8 million SE students were provided with pees, 55 billion of scholarships.
Going forward, um, I have already mentioned that enrollment in higher education for both SE and ST have improved substantially.
In fact, in some categories, um, the ratio is even higher than general categories.
There are data related to scholarships provided for higher education as well as overseas education, and that I can submit later on within the two days that we are getting.
That is related to health.
So, that is related to education.
I will come back for health related outcomes.
In case of housing, I want to mention that government has a very, um, elaborate and flagship scheme for providing housing both in urban and rural area and that 60% of housing allotment is reserved for scheduled cast and scheduled tribes till they are saturated and only after they are saturated, more housing are provided for the other categories.
This is for housing and education for health, I will revert very soon.
Thank you.
Thank you.
Ma'am, may I give the floor to Solicitor General Tushar Mats.
Firstly, ma'am, on the question of, uh, segregation of a particular religious group, I must point out that there is a law first in Gujarat since 1991, and there is a bill, not a law in Rajasthan.
Let me make it very clear that it is not for the purpose of segregating population based on religious lines.
There are certain areas earmarked by the government based upon statistics and based upon the figures available where it is found that some of the houses, some of the residential units are being sold under duress by A against B.
There is no prohibition against sale.
In those areas where there is an apprehension that somebody can pressurize the owner of the house to sell it to someone at a lesser price or a distressed price, there is a mechanism or a regulation that the district magistrate, who is a neutral, independent authority under the Act, will examine both the proposed seller and proposed buyer, and he will come to a conclusion that this is a voluntary sale and not a distress sale.
That's the regulation, there is no prohibition.
That's somehow a wrong narrative which has come in the public domain.
Now, So far as human rights defenders are concerned, it is the position of the government that human rights defenders are to be defended at any cost.
Civil society organizations are actively working with the government.
See, we have a huge country and there cannot be any dispute about it.
There are thousands of civil society organizations and thousands of public spirited people, civil society organizations, human rights defenders.
But you will notice that only a handful of few come in the public narrative.
Therefore, I would like to say that India is committed to ensuring an open and safe environment for civil society organizations and people engaged in promotion and protection of human rights.
India has always condemned any harassment, any intimidation, any coercion, smear campaigns, and violent attacks against any civil society organizations.
The right to information that enables them to find out where the problem lies and there are statutory remedies under the Constitution and under various laws which protects them.
The NHRC you have already taken note of that there is a separate mechanism provided for that.
Ma'am, you referred to BMA Corego.
This is one of the issues being frequently coming up at various forums.
I must make it very clear that BMA Corrigo I'm not sure whether they are public right defenders or even if presuming them to be so, there is material evidence on record which has been frequently and repeatedly examined by various levels of court right from the trial court to the high court to the Supreme Court.
Since the matters are pending, it may not be appropriate for me to go into the details.
But after having examined the evidence dispassionately by an independent judiciary, various orders are passed and they are not in favor of those who are accused of that offense.
They are not facing any investigation or any action because they are human rights defenders, but because they are found to be guilty of some law of the land.
So far as PMLA is concerned, we have a very robust mechanism of prevention of money laundering.
But to my knowledge, there is no human right defender who is subjected to PMLA proceedings.
I can collect the details and if necessary, we will raise it before the.
It's essentially for those amass illegal wealth and try to launder it.
But my statement is very clear.
Harassment of human right defenders or civil society organizations is completely unacceptable to the country.
Even by the private individuals the country does not support, and there is an inbuilt and most effective statutory mechanism which takes care of any private harassment also.
There are instances, but I need not cite that.
But there are several civil society organizations which work hand in hand, along with the government in implementing several welfare schemes and the government is virtually working with them, except a few individuals cases which are being propped up here or therefore, will not go into that.
Thank you.
Thank you, sir.
Other issues.
May I now hand the floor back.
Would you like to or Madam Nest.
For that, if you Your 2.5 minutes.
You can use it if you need more clarification while the information is provided.
Thank you.
Yes, please.
Thank you, Chair, for making the dialogue more interactive as it needs to be.
Yes, thank you for the answers.
What I find, I think that what we are missing here is these allegations on harassment by private actors.
Sometimes we see it a lot and we see it in many states.
And sometimes it's not that sometimes the system is there, the mechanism is there, but it's not always function efficient.
It's a matter also of an environment that goes, you know, the central government does not always probably have the monitoring tools to see what's happening at local level.
So I welcome the statement on human rights defenders by the head of the delegation because it's very important.
But I will continue to insist that this kind of statements, again, because you have this beautiful a very big country and with so many human rights defenders needs to reach every single small part of your beautiful country because indeed you have many organizations and we know that not all organizations are the same.
As you know, human rights defenders are also supposed to be putting the government and the authorities in question the government, not always you know, very nice with the government.
This is what, of course, it's the democratic space.
This is what is expected, and this is also and their role is very important.
So I think that it's important to keep this in mind and make sure that this message that the statement that we just shared reads, you know, the society and now say that I exhausted my time and I stop here.
Thank you.
Thank you.
Thank you, Madam Mona, would you like to what miss Mansa would like to take? Okay.
Man A little time to elaborate upon gender based violence, which was raised yesterday and today also Madam mentioned about it.
Mr.
Chair and esteemed members, protection of women, including Dalit and tribal women from gender biased violence remains a matter of highest priority of government of India.
It is reflected in a comprehensive multi pronged approach spanning legislation, technology, and institutional capacity.
In this regard, women helped us have been established in police station nationwide to make reporting more accessible and gender sensitive.
They are backed by the Pan India emergency response system.
112 and a national database on sexual offenders for trafficking repeat offenders has also been established.
The criminal codes updated in 2023, places offenses against women and children in its very first substantive chapter, mandate audio video recording of victim statement and guarantees free medical treatment for all the victims at all the hospitals.
Protections for tribal and lit women specifically rest on the SCS prevention of Arocities Act is reinforced by women Helpdesk, that is EAC platform.
I can translate it E Evidence in English.
Expanded forensic and DNA capacity and 775 fast track special codes, including POX codes are also established to deal with these matters.
In terms of figures on capacity building, 35,000 306 investigation officers, prosecutor, medical officers have been trained through the Bureau of Police Research and Development and national Forensic Science Universities, alongside 37,978 police officers trained specifically on DNA and forensic evidence handling.
8,020 sexual assault evidence collection kits have been distributed to provinces and union territories to strengthen scientific evidence collection at the point of first response.
On victim support, 8641 stop centers are now operational nationwide, having assisted over 12.67 women as of September 2025, while the women helpline operators in 35 provinces and union territories.
These figures reflect not intent alone, but measurable sustained investment in reach and delivery to each of the citizen of the country.
Thank you.
Thank you.
May I hand over the floor to miss Mo? I'll begin with adding a few points to what my colleague has just mentioned.
I would like to mention that we do maintain segregated data of gender and sexual violence for SE and SD women, and I gave those data yesterday.
I would also like to mention that we have a national helpline against atrocities and it provides three fold protection.
Provides immediate rescue and for that, we have integrated with every police station.
Secondly, it also takes care of mental health issues and counseling.
For that, we have integrated with Nims.
Thirdly, it takes care of rehabilitation and tracking.
That is what I wanted to say here.
Now I will brief about the health outcomes.
I would like to begin by mentioning that as per National Family Health Survey fifth National Family Health Survey, the infant mortality among the scheduled cast population declined from 45.2% in 2015 to 40.7% in 2019.
Similarly, the under five mortality rate decreased from 55.8% to 48.9 during the same period.
I would also like to mention that so far as rural areas are concerned, if we look at the data, the neonatal mortality among scheduled cast is 31.4, among scheduled tribe, it is 29.7, and others, it is 22.4.
The point I want to bring to the notice of stein committee is We are seeing a declining trend among in this health outcomes for SEs and STs, but we are well seized of the fact that we need to catch up fast.
They need to catch up fast with the general population and that also we are seeing that gap is getting narrowed down.
I would also like to mention that our approach to right to health is based on universal and non discriminatory access supplemented by targeted intervention.
So far as general health measures are concerned, we have an elaborate framework of public health institutions right from village level.
And that is specifically to reach out to the last mile categories of Ss and SDs.
We also have mobile health ones.
This is for preventive and public health related services.
I would also like to mention or add to the educational data that I had provided.
So far as higher education is concerned, sorry, I'll come to that later on.
Perhaps I will come back to you and give the floor now to Mr.
Rauh from Mr.
Minority F.
A question had been raised on the SCR committee and recommended minority welfare infrastructure has been rolled back.
In this regard, I would like to highlight the following points so that the issue is, cleared.
The government had accepted 72 out of the 76 recommendations of the HR committee and had clubbed the similar nature of recommendations and had taken 43 decisions in the following focus areas.
For education, we had 15 decisions.
These were clubbed.
Similarly, for skill development of minorities, two decisions, access to credit, six decisions, special development initiatives to decisions, measures for affirmative actions for decisions such as setting up of expert group on equalic opportunities and diversity index, et cetera, Protection and management of properties and miscellaneous others.
The responsibility for implementation of these decisions were given to Ministry of Minority Affairs and the consent ministries and departments whereby schemes programs were introduced to improve socioeconomic conditions of the Muslims.
The Ministry of Minority Affairs has adopted multi pronged strategy by way of implementation of various schemes in pursuance of the Such Committee report, which aim at the socioeconomic development of the notified minority committees, including employability through education empowerment, employment oriented skill development, infrastructure supports under different schemes such as PM VCS Cacrum.
These schemes of the government have enabled the minority communities in securing employment in various organizations, including private sectors, Now, coming to the question of the Malana Azad Fellowship being discontinued.
It is submitted that the minority affairs ministry implemented this Malana jb fellowship scheme to provide five year fellowships in the form of financial assistance to students from six minority communities, namely the Buddhist, Christians, Jains, Muslims, Pasis and Sikhs.
This was to pursue the NFL and the PhD programs.
The scheme had been implemented in line with the junior research fellowship and senior research fellowship of UGC.
At the University grants Commission.
The scheme was launched in 200910.
Now, it was observed that the University grants Commission and CSI fellowship schemes are open for condraids of all social categories and communities including minorities.
Further, Students from minority communities are also covered under the National Fellowship schemes for S cast and overseas implemented by the Ministry of Social Justice and Empowerment.
In view of this overlap among the aforesa schemes, MANF has been discontinued from 22 23, 2022, 2023.
However, benefits of existing already enrolled students prior to discontinuation are being liquidated and will continue till 2000 2021.
As regards the scholarship schemes that have been running for the minorities, there are three schemes that are being run for the minorities.
One is pre matric, that is secondary school up until the secondary school.
So far, 71.1 million students have benefited and amounts have been reduced to the extent of 122.91 billion.
Post matric, that is post secondary education has been covered for 10.5 million students and 52.21 billion has been spent there.
For Mertzka men's scholarship, we have given benefits to 1.4000035 0.5 billion has been spent there and there and there.
So a total of 83 million students have benefited out of amount of 210 billion has been spent thereon.
The scholarships have not been discontinued as such, but there have been some allegations that have been investigated and until the investigations are completed, this scholarship cannot be started off as of now.
Thank you.
We are really tight in time.
We have 3 minutes.
I give the floor to miss Mona, and then if you have a few other questions, we might apply a few more minutes.
Thank you.
Touch upon the higher education part.
We have reservation.
Can you do the manual scavenging? Okay.
Thank you.
Seconds.
There is a reservation for SEs and STs in private higher education institutions and public higher education institutions, and so far as private higher education institutions are concerned, they are given scholarship and I'll just mention that in 24 25, 4,143 SE students received 2.1 billion of scholarships.
That is related to how we manage that in private institutions also they get this kind of support.
Now I'll come to manual scavenging part.
Yeah.
Should we come back to you later? I'll just start.
Now, manual scavenging is specifically defined under the 2013 legislation is prohibited.
Earlier surveys identified 58,098 eligible manual scavengers who were extended rehabilitation benefits.
Pursuant to directions from Supreme Court of Fresh, nationwide survey was subsequently undertaken and the latest available information has not reported instances of manual scavenging.
As legally defined.
This should not, however, be confused with the separate and serious problem of hazardous cleaning of sewers and septic tanks, which is itself prohibited by the same law.
The government recognizes that fatalities have unfortunately continued to occur where safety requirements and prescribed protocol have not been followed.
India is addressing this challenge through progressive mechanization the National Action for Machinized Sanitation Ecosystem Namaste.
As of 31 December 2025, 90,915 sewer and septic tank workers had been profiled.
The program provided training, personnel protection, equipment, health and Social Security coverage, mechanized equipment and livelihood support, along with its strengthen emergency response sanitation units.
Thank you.
Mr.
Chair, I know we have a few more questions to answer, but perhaps in the follow up.
Thank you.
Thank you very much.
I will immediately go for the next phase of our discussions.
The floor would be open to follow up questions by the country task force as well as all the members.
I would kindly ask to formulate your questions briefly and clearly because we have only 15 minutes for this, the floor is open.
Madam Stavrinai, you have the floor.
Thank you, Chair.
I will be brief.
First of all, I would kindly ask the delegation to submit the data.
What would be very, very useful for the committee is not only to have absolute numbers and figures on how many, it's important to know how many people have benefited for these measures.
But it's also important to understand what is the scale in relation to the populations and the people recognized as states.
It's important to show that the state authorities have a clear plan which is budgeted, time bound, and clear in their goals.
Second question I would like to also raise the point that I would like to raise is to explain our approach.
You know that the Supreme Court has recognized already and deepened the idea of discrimination by recognizing in direct discrimination.
When we ask these questions about, for instance, Rajasthan, et cetera, we are asking whether the authorities have taken into consideration that these measures might have a disproportionate effect indirectly to certain groups within the larger groups of SC STs.
This is why we're asking these questions.
Maybe even if the intentions are good, finally, and they're not discriminatory at face value, finally, the way they are applied may discriminate or may have a negative effect on a specific population.
The same with the data from the police.
I really appreciate the efforts.
They are very important and I realize the progress that has been made.
It would be good to know what do they represent in practice, in terms of percentage of a population affected because we know that it's an ongoing process, reporting of violence, as we all know, and especially gender based violence.
Also, it would be important as well to know what happened with these cases because I understand that the police has adopted protocols, but what happened after this? Have they been convicted? Do we have a percentage? We would like to know more about the life cycle of these cases and finally how these outcomes, if they empower women exactly to report Nu.
New cases.
I'll stop here to leave the opportunity to colleagues.
Thank you, Mr.
Chair.
Thank you in advance for your response.
Thank you.
Thank you.
Madam Stinki, Madam Chung, would you like to take the floor? No.
Madam Shepherd, would you like to take the floor? Presentation following this now.
So I will reserve my questions for then.
Then I have Mr.
Senor Bicen Vasquez on my list, and then Madam Em.
Mr..
Thank you very much, Chair.
First, I would like to say that I'm an indigenous person from the Sapoteca people.
I am pleased that India is considering all of the indigenous people.
I have millions of brothers and sisters in your country.
That being said, yesterday, I didn't have the opportunity to ask a few questions, so I would just like to focus on one particular question.
We received a number of reports on the development of the extractive industry and energy projects, including mining projects and those for dioxide.
I'm sorry for saying perhaps my pronunciation in Odysia carbon extraction and dams in Agucha Pradesh, built in lands that were traditionally occupied by indigenous people and tribal peoples.
I'd like to ask if you could set out the mechanisms that have been established to consult and obtain consent from indigenous and tribal peoples before endorsing such projects.
What Measures for mitigation have you adopted to protect sacred sites, cultural heritage, and the ways of life of indigenous and tribal peoples.
On these questions, I would kindly draw your attention to the new guidelines on the right to free prior informed consent in the context of business enterprises that were drafted by the working group on human rights and business enterprises that was published in June of this year, 2026.
Thank you very much.
Thank you, Santa Vasquez, Madam.
Thank you.
Thank you, Chairman and good morning everyone.
I will just continue on what the country port started to talk about education and the state party explain how much money, how much scholarship they are given.
But the issue is not the number, the budget.
The issue is to understand really the education opportunities for minorities.
We need more information than that, what is the ratio of enrollment of student of this minority? It looks good in the country report, but according to some information, The minority children enrollment rate is really low at all levels.
I don't know if the information I have is correct or not, but it's 20-18 from pre primary to primary to secondary, Muslim students at the university like 20% for male, 11% for female.
First, what is the enrollment ratio for all of these group in the education system and what is the percentage? Within the total population of student in the country.
I know that minority education in India face a lot of problem, economic problem, cultural problem, language problem.
But I think without this information, we will not be able really to understand the situation of education of minorities.
Complete or general numbers doesn't show the picture.
The money spent, the scholarship given does not give a clear picture of how many children in this community are being benefited from all of this.
Thank you.
Well, thank you.
Yay.
Chair, I'd like to quickly go back to the question on hate speech.
This question was raised and the delegation provided some replies, but we have heard reports that sometimes Those who are behind hate speech, for example, political leaders or high ranking officials that engage in such hate speech or xenophobic attitudes, vis-à-vis, ethno religious minorities.
What measures are considered by the authorities to combat this skirt, especially when it's coming from official people, leaders of political parties or highly placed individuals within the state institution.
Have there been any investigations into such incidents or any decisions that have been handed down, any sentences on this kind of offense? Thank you.
Monsieur Dab, it's open, yes.
Madam Sabrinai.
Thank you, Chair.
Since there I don't see any other colleague asking for the floor, I just would like to take the opportunity since we were talking about education to express my sadness about the recent events and especially the young people who committed lost their lives and committed suicide due to the university, the admission issues.
I just wanted to say, even though it's not directly connected to the convention, I just wanted to share my condolences and also just make a small statement to every young person who tries to study and improve their lives, that there is always a way and just share all my good thoughts with their families and the future generations that are the power of this country.
Thank you.
Thank you, Mr.
Chair.
Thank you, Madam Stuinki.
The floor is still open.
I don't see anyone asking for the floor.
We have 5 minutes extra and I will give the floor to the delegation now for 25 minutes.
But if in the meantime, any of the members would like to intervene for further clarification on a particular issue that has been explained to us, then we have this 5 minutes to be used.
Thank you.
You have the floor, sir, for 25 minutes.
Thank you.
Thank you, Mr.
Chair.
I'm very happy to see a very dialogue and actually a conversation.
Happy to have that.
That actually gives us an opportunity also to clarify how we look at it.
Before I give the floor, let me just make just a comment.
Some of the members mentioned some general statements which we will speak about it later.
Not all of it is accurate and I'm happy the member state that we don't know if it's accurate.
Look, you receive information from various sources in the country.
Please do due diligence to check that information.
For example, a comment that education opportunities for minority is very difficult, they face a lot of difficulties.
I would hesitate to say that if you ask people, yes, there are people who are poor, people who have difficulties, but let's say primary education is absolutely mandatory 14.
Free and mandatory.
It's very difficult for an Indian to say that there are difficulties.
Yes, the difficulty with poor, they're doing very other things, but to say that there's discrimination because they are unable to face.
In fact, we are very pride ourselves on the very high level of net enrollment ratio, for example, at primary level.
Um, but let me not get more into detail on that.
Let me hand over the floor now to Mada Mona.
You will talk on some of these issues.
Thank you.
I would like to begin with my response to the scale part that has been raised by one of the esteemed members.
The scale, vis-à-vis the benefits provided.
I would like to mention that government is adopting saturation approach so far as welfare programs for SEs and STs are concerned.
For example, the community related welfare program, that has been rolled out for SEs and SDs, which are the flagship programs of the government, where the socioeconomic indicators for SEs and STs are focused on including for health, education, and other important criteria.
There the saturation approach has been adopted, wherein the criteria that has been selected for extending these benefits, they are 100% surveyed, so we identify the quantum of work that is required to be done and a systematic intervention interventions are carried out to ensure that these communities are, I mean, they are developed to the socioeconomic indicators identified for this program.
There is a saturation approach, I have already mentioned that so far as housing program is concerned, there is a saturation approach for SEs and STs.
Yesterday, I also talked about the development action plan, both for SE and ST.
Which is a government wide across the ministry approach.
All these ministry, which is 37 plus ministries, and that includes the sectors like disaster management.
They all need to focus especially on SEs and STs for each of their interventions and they are monitored very closely.
And now I would also like to talk about the independent monitoring and evaluation agencies.
Chairman, sir, we have a National Commission on Scheduled Cast, we have National Commission on Scheduled T and other cast as well.
Now, National Commission for Scheduled Cast has a constitutional mandate to monitor safeguards, investigate complaints concerning deprivation of rights and advice on socioeconomic development and protection.
So it functions in both the realms of enforcement as well as advisory.
Access to Commission has also been substantially strengthened through its grievance management portal, which enables online filing, automatic routing of complaints and issuance of notices and reminders and real time tracking by the complainant.
Three mechanism, these mechanisms produce concrete outcome.
In 2024, 2025, the commission addressed a substantial range of socioeconomic grievances.
Including 1975 land related matters which are generally tricky and complicated.
It's provincial reviews of Kerala and Punjab State examined in the utilization of funds intended for scheduled cast and while reviewing public sector banks, the commission identified shortfalls in coverage of schedule cast beneficiaries under government schemes and direct corrective actions.
So far as independent evaluation of welfare programs are concerned, we have a very elaborate system Uh, it is the independent evaluation carried out within the system as well as outside the system.
Within the system, we have three tiers of government, union government, provincial government, and local self government.
Local self government again has three tiers, village block and district.
Generally, the plans are prepared at village level, but they are independently evaluated by the provincial government and also by union government that is within the system.
Now, if we talk about outside the system, The in depth evaluation is made by Nook, which has its own set of experts.
This kind of evaluations are also given to reputed national institutions and even educational institutions and all the programs are evaluated independently, and the further course correction and other things are carried out through evidence based planning and implementation.
Thank you.
Thank you.
May I briefly give the floor to Mr.
Roy for just a clarification on some numbers.
Thank you.
Microphone, please.
Chip, there was a query regarding the numbers of specific community wise on the scholarship part.
I have the numbers and I'll just share it with you.
For the scholarship that was given for the secondary and pre secondary scholarship.
This is 4 billion out of the total scholarship of 6 billion 4 billion went to Muslims.
Similarly, for the post secondary, the scholarship amount, which was the scholarship that was granted to 844 744,000 people, 626000 were given to Muslims for the five years 2021 to 25 26.
Again, for merit means scholarship, this amount that the numbers that were covered were 146,000 Muslims for the five years that we're talking.
Thank you.
May I now hand over the floor to Solicitor G.
Thank you.
I would first like to deal with or answer the issues regarding the closure of Madreas in Assam.
Look, ma'am, we have to go by the constitutional mandate.
Article 28 of our Constitution prohibits state funding to any religious education, not only one particular religion to every religion.
There were approximately 1,200 madrassas imparting only theological education.
They are not closed.
They are converted into the regular schools where All subjects will be taught, not theological subjects.
This is done through an act of a competent legislature.
It's not a government or executive action because every section of the society is represented in the legislature and we have Madrasa Education Provincialzation Act.
That is the constitutional position.
So far as right to education is concerned, I would like to add to His Excellency, the ambassadors point that right to education is elevated in India to the level of a fundamental right.
It is a fundamental right under Article 21.
A new article is added Article 21A, a new act is enacted where it is free, and we should not forget that our first education minister was Mola Azad, the Muslim himself, and thereafter, also, there have been several instances where Muslims have been at the helm of affairs in the education ministry.
Now, one more question which I would like to clarify, that is concerning, ma'am, you said that Father Stan Swami died without medical treatment.
Now, I must clarify.
He was 84-year-old.
I'm not going into the evidence against him because that was examined several times by several courts at several levels.
But he was hospitalized in the hospital of his choice, that is Holy Family Hospital in Mumbai.
He was under medical supervision and he died of age related issues.
It was not without then.
Now, coming to the question of FCRA, Now, let me point this out because this is the vital question.
The India wishes to place on record at the outset that regulation of foreign financial flow into public and political spaces is an accepted and well established feature of governance in democracies around the world.
It's not India specific.
India's framework is neither exceptional, nor punitive or restrictive in nature.
It's only regulatory in nature.
For those NGOs seeking foreign funding, the amendment merely seeks to bring a regulatory framework.
This is proportionate compliance framework, not a barrier to the entry of foreign funding.
This regulation framework applies across the board without any discrimination targeting one religion, one caste, or one community.
India's regulatory framework for foreign contribution is not new.
It's not being introduced for the first time.
The first Foreign Contribution Regulation Act was in 1976, thereafter, it was modernized in 2010, thereafter it was amended in 2016, 2018, and in 2020 as the need and the experience was gathered.
The 2026 bill, which is still in the Parliament and therefore, I think it may not be appropriate for me to dwell much on that, but it represents the next incremental step in the same continuum aimed at greater transparency proper regulation and clearer and predictable rules for all stakeholders across all religion, caste, communities, et cetera Now, India's approach is consistent with and indeed follows established international practice.
The United States has regulated foreign influence in public life through foreign Agent Registration Act since 1938, the Foreign Account Tax Compliance Act 2010, Australia, United Kingdom, European Union, everyone have their own legislative framework to regulate as nations, any inflow of foreign funding.
Now, but India remains committed to vibrant, rule based civil society sector operating with transparency and accountability.
I must point out one factor and that may be at the outset, that we have 3 million non governmental organizations, and please note this very carefully.
3 million non governmental organizations.
Most of them are working from the aid or the financial support given from within the country.
Only 14,450 are getting foreign funding and they are registered under the FCRA.
The rest of them, that is the overwhelming majority of the civil society or human rights defenders, they are funded and supported by the people of India.
It's not something which is disproportionate by any standard.
Next, I would answer the question of the honorable member about the special intensive revision, SIR.
Ma'am, SIR is an electoral role exercise conducted by an independent and constitutionally mandated and constitutionally framed Election Commission of India under Article 3 24 of the Constitution.
Government of India is not doing it.
This process aims to ensure that every eligible citizen is included.
He's not left out of his right to franchise, and no ineligible person remains in the voters list.
This is a cleansing process of democracy.
The governing criteria that is citizenship, age, ordinary residence, and statutory disqualification apply uniformly without distinction to religion, caste, creed, or any other criteria which can discriminate one citizen from the other.
SIR is neither novel nor directed at a community or being done for the first time.
The Election Commission of India, as I said, it's a constitutional body and not a part of the executive, it has conducted eight intensive revisions 1951-2004.
This 25 26 phase covered 12 different provinces which we say states in our constitution, and it took within its sweep 510 million electors.
Their last intensive revision happened in 2002, 2003, migration, unreported death, multiple registrations, et cetera These were the reasons why a renewed verification through this intensive revision was felt necessary by the election commission.
But there are safeguards.
Operate throughout the process to ensure that no eligible voter is excluded.
On 27th of May 2026, the Supreme Court upheld all arguments were made by all sides and after an extensive debate, the Honorable Supreme Court of India has upheld the SIR in Bihar as lawful and proportionate.
The Supreme Court held that commission may make a limited inquiry into citizenship only for the purpose of electoral eligibility, which will not decide the citizenship of any individual.
So far as West Bengal is concerned, I would like to inform and I will be very happy to inform that with the agreement and consent of the government of India, since I happen to appear for the government of India, the Honorable Supreme Court had requested 800 judicial officers to be tasked with this process, not officers under the executive, and judicial officers were to be selected by none other than the Chief Justice of the High Court of Calcuta.
And they conducted this entire process.
And if there is any grievance by any of the electoral either for inclusion of someone or his own exclusion, there is a remedy provided by way of a of tribunals, which are headed by former judges of the high court and few of them are former chief justices of the high court.
It's an religious neutral, regular process for weeding out those who may have died, migrated maybe at two different provinces, et cetera.
Now, at the end, I'm really grateful for the honorable reporte to categorically mentioned that it is the personal view of the honorable member regarding some issues going on with regard to the students and the government of India shares any death, et cetera, needs to be looked into and government of India is seriously concerned about redressing grievances of the children and government has constituted a very high level committee consisting of people of undisputed integrity and domain expertise and neutrality.
They are going into this question and they would be finding out the solutions.
First, they will find out the problems, if any, then they will give the solutions.
The Honorable Supreme Court is monitoring the whole issue and we are giving everything to the Supreme Court that this is how we are conducting the examinations and any genuine grievance of any student will be redressed and the government stands committed to it.
Of course, you agreed that this is not a part of the remit of this committee, but since you mentioned, it's good that I'm also responding.
Thank you, ma'am.
Thank you, sir.
May I hand over the floor to doctor Arakan Novar from the Ministry of Office.
Thank you.
There was a question regarding a free prior and informed consent asked by one of the honorable members here, particularly related to scheduled tribe and the development projects.
I think it's useful to clarify how we approach this issue.
For us, the underlying principle is quite straightforward.
Communities that are directly affected by projects should not simply be informed about decisions after it's already been taken.
They should have an opportunity to understand what is proposed, what it is likely to impact may have on their land, livelihood, and way of life, and to participate meaningfully in the process.
India already has a legal and institutional mechanisms through which such participation takes place, particularly through the local self government institutions and the Gram Saba, which is the elected village councils in the scheduled areas, as well as through processes related to forest rights, land acquisition, environmental assessment, rehabilitation, and resettlement.
While considering the legal rights, consultation, consent, and participation and other considerations such as constitutional and statutory frameworks are also considered.
This is broadly consistent with the discussion in the UN system on business and human rights.
The emphasis has been on meaningful engagement with affected communities, identifying impact at an early stage, preventing or mitigating harm, and ensuring appropriate remedies which adversely where adverse impact occurs.
There was also a question related to mining.
Well, I don't want to go into specific projects.
I would like to clarify that India has comprehensive legal and institutional framework governing mineral concessions involving forest lands.
Such projects are subject to multiple statutory safeguards, including approvals under the Forest Conservation Act, environmental clearance under the Environment Protection Act, and applicable environment regulations, as well as compliance with the Forest Rights Act.
Importantly, the rights of forest dwellings, scheduled tribes and other traditional forest dwellers, must be addressed through the statutory process for recognition and settlement of forest rights.
The Gram Saba, which is the elected village councils have the central role in this framework, including in protecting community forest resources and in process prescribed under applicable government guidelines before diversions of forest land is permitted.
These are not merely administrative procedures.
Compliance are subject to judicial scrutiny, and affected people and communities have access to appropriate remedies before the National Green Tribunal and Constitutional Court.
The National Green Tribunal, in fact, is the highest court in India which deals with environmental issues.
Thank you.
Thank you.
There are, of course, still many questions that require substantive response.
I'm acutely aware of the time.
Let me just try to answer myself just a couple of issues that are meant perhaps my colleagues later, pick it up on the issue of bonded labor, honorable member mentioned.
Look, this is something we've been struggling with, to be honest from independence, and I think we've made good progress.
Yes, unfortunate cases have come to life.
Um, it's a vast country you said, labor inspections didn't pick it up.
There are cases where the inspections do pick it up.
I don't know about the individual case you mentioned, but we take it very seriously.
Um, there is immediate assistance of money, would be 30,000 and beyond, Rehabilitation assistance of 0.3 million to every rescued laborer.
Um, my data that I have says, since the enactment of the act, but that was 1976, 316,000 bonded labors, a huge number have been rescued.
It's unfortunate that there were so many in bonded labor, um, with over 1 billion INR released, reimbursed.
National Human Rights Commission pursuant to Supreme Court directions continues to monitor implementation, But you will always be able to come up with cases which unfortunately show that it's not fully done, but I can show you the importance we attach because this is a topic that goes back literally to our time of our independence.
But I'm happy to see that the issue is now few and far between the one case gets attention.
The other elements, which is a comment, I think with a query that Dalit community was excluded from disaster response in some state.
I would find that very difficult to believe If one incident happened, I could understand.
But disaster response is not community specific, the government wouldn't do it, and the national disaster response authority would force wouldn't do it.
If there is a specific case, I would be surprised it hasn't been taken up in our legal system.
But I show you that's certainly not policy and nothing that we do would even bring cast or any other thing in that it's very difficult to understand that query.
I don't have a response.
I don't know if any of my colleagues has come across this, I would find it very difficult to say that.
I know we have a few more issues, we have a couple of minutes less.
Would you like to take the floor now or later after.
As far as bonded labor is concerned, the legal and regulatory framework.
India has already abolished the bonded labor system throughout the country and Article 23 of the Constitution also prohibits the trafficking in human beings in any form.
In addition to that, the principal legislation is bonded labor System Abolition Act 1976.
Now, this act abolishes the bonded labor system, extinguishes, um, um, bonded uh uh, bonded debt, fees, and bonded laborers, uh, from obligations arising from um, bonded labor and, um, uh, renders agreements for, uh, or customs recurring bonded, uh, labor void.
So all kinds of, uh, practices through which bonded labor was practiced.
All these practices have been abolished.
It also protects the residential rights of the free bonded laborers and there is elaborate majors for their rehabilitation.
They have been awarded land, they have been skilled and they have been provided employment.
This is what I wanted to add for this.
So far as right to education is concerned, I would briefly like to mention that Section 12 of this Act defines very clearly who will be the beneficiary.
It is the economically weaker section and disadvantage group including SEs and STs.
Thank you.
Thank you.
Thank you very much, Excellencies, and also members of the delegation for providing all these answers to the questions raised.
Now, we will take a short break for 5 minutes, and then we will be back for the next phase consisting of the questions raised by the rapporteur, co rapporteur, and then we will wrap up.
Thank you.
5 minutes break.
Welcome back.
We will immediately start our last part of this meeting with the co reporter, Madam Shepherd, raising questions on the segment four.
Madam Shepherd, you have the floor.
Thank you very much Chair.
I want to join you, the rapporteur, Mr.
Taranaki, my fellow co rapporteur, miss Chung, and all colleagues in really welcoming back India to SRD after some, some years of absence.
It's nice to see you back with us.
My task is to engage the delegation in a, a constructive dialogue, around the situation of migrant workers, refugees, asylum seekers, and stateless persons under Articles two, five and six of the IRD, as well as human rights education to combat prejudice and intolerance under Article 7.
Just for context, my specific responsibilities fall on the list of themes 27 to 33, just for you to know that.
But I have to make an aside I will tell you that as a historian from the Caribbean, a large part of my career has been spent lobbying for rights and respect for diaspoan Indians, taken to the region by the former colonizers as indentured workers after the abolition of racialized chattel enslavement of Africans and subjected to exploitation and contravention of the terms of their contract, including the right to repatriation.
Their descendants are largely integrated now and have become important members of Cabban societies.
But the lingering legacies of colonialism still continue to manifest in some instances and advocates continue to stand up for them.
Now here I am having a conversation with what many in the Caban still consider to be their homeland.
Anyway, my colleagues, I know the information from the State Party and the National Human Rights Commission, that the Constitution guarantees equality before the law and equal protection of the laws, Article 14, and expressly prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth, Article 15.
Also that these guarantees are reinforced by Article 16, which provides for equality of opportunity in public employment and Article 17, which abolishes untouchability.
That these guarantees are operationalized through a wide body of legislation and public policies designed to protect vulnerable and marginalized groups including scheduled castes, scheduled tribes, and religious minorities.
However, In some cases, there appears to be a disconnect between written legislation and its implementation.
For example, with respect to the situation of scheduled castes and scheduled tribes, we heard from civil society organizations that discrimination on the intersectional grounds of race, caste, and gender in the world of work remain deeply ingrained in Indian society.
My hope is that this interactive dialogue will clarify and amplify areas of disconnect for us.
So let me start with list of theme 27 and ask for updated information on the legislative and policy frameworks relating to migrants, refugees and asylum seekers to ensure their access to justice, education, employment, and health services without discrimination.
We have learned that all foreign nations, including refugees and asylum seekers are governed by the provisions contained in the Constitution of India, the Foreigners Act 1946, the registration of foreigners Act 1939, the passport entry to India at 19:20 and various other legislation.
But can you elaborate on the issue of voluntary repatriation for us? Does it exceed the percentage of state deportation? Because you talk about rights that do not include the right to reside and settle in the country, which are applicable only to the citizens of the country, that aliens in India are not expelled except in accordance with the procedures established by law.
But I still am asking about this, an elaboration on the issue of voluntary repatriation, and does it exceed the percentage of state deportation? Defense of deportation of refugees, migrants and asylum seekers, the state has said that humanitarian endeavor must be consistent with its goals of welfare of its citizens and national security.
What have been the major challenges encountered that would have led to this statement? We have learned that children born of migrants and asylum seekers are not given citizenship and are at risk of being stateless.
What measures have the state taken to prevent and protect people from statelessness, including statistics on stateless persons and those at risk of statelessness.
I have some additional questions.
Could the delegation explain what safeguards exist under the Immigration and Foreigners Act 2025 to ensure that the detention, removal, and treatment of foreign nationals, including refugees and asylum seekers are fully consistent with Articles two and five of the Convention and protected against racial discrimination? Could the delegation clarify whether the government is considering amending the Immigration and Foreigners Act 2025 to establish clear guidelines, clear safeguards for vulnerable groups, including asylum seekers, refugees, children, victims of trafficking and stateless persons? Given that irregular entry may lead to criminal sanctions under the Immigration and Foreigners Act, could the delegation explain how such provisions are compatible with the principle of nondiscrimination when applied to persons seeking international protection? According to information before the Committee, the Immigration and Foreigners Act does not appear to establish a maximum period of immigration detention.
Reports indicate that some individuals, including refugees from Myanmar, have remained in detention for prolonged periods after completing criminal sentences related to irregular entry.
Could the delegation provide information on the legal basis governing the duration of immigration detention and indicate whether there's a statutory maximum period of detention? Could the delegation provide updated statistics disaggregated by nationality, ethnicity, religion, sex, age, and detention facility on the number of persons currently held in immigration detention, including refugees and asylum seekers? And what measures have been taken to ensure that immigration detention is not prolonged or indefinite and that detainees have effective access to judicial review of their detention? Now, turning to access to healthcare and education, According to information before the committee, Sections nine and ten of the Immigration and Foreigners Act impose reporting obligations on educational and medical institutions regarding foreign nationals.
Concerns have been raised that these provisions may discourage migrants, refugees and asylum seekers from accessing essential services.
Could the delegation clarify how these reporting obligations are implemented in practice and what measures are in place to ensure that migrants, refugees and asylum seekers are not denied or deterred from accessing healthcare and education on discriminatory grounds? Now, according to based on the concluding observations, 2007, which expressed concern that India has not acceded to the 1951 Refugee Convention and its 1967 protocol and has not adopted specific refugee legislation and the list of issues 2021, which requested information on measures to adopt national refugee and state legislation and end the indefinite detention of Rohingya.
And given the committee's longstanding concern, has the state party taken any step towards acceding to the 1951 Refugee Convention or enacting national refugee legislation since 2007? If not, what is the timeline for doing so? What specific measures are in place to prevent statelessness for children born in India, to refugees, asylum seekers, or stateless parents, particularly for those who may otherwise become stateless due to inability to acquire citizenship from their parents country of origin? Now, based on the list of issues 2021, which requested information on ending indefinite detention of Rohingya and ensuring compliance with non reformal and the State Party report 2023, which references the Supreme Court's decision upholding deportations, what specific procedures and safeguards are in place to ensure that person seeking international protection at India's borders or within its territory have access to asylum procedures.
What safeguards are in place to ensure that person seeking international protection of India's at India's borders or within its territory are not returned to countries where they face a real risk of persecution, torture, or serious harm in compliance with Article 5B of the Convention.
How many individuals seeking international protection have been denied entry, detained, or deported since 2019, disaggregated by basis of claim, if you have such data, and what mechanisms exist for investigating allegations of excessive use of force or violence by law enforcement agents against migrants, refugees and asylum seekers? Based on the State Party report 2023, which states India is not a signatory to the 1951 Refugee Convention, that all foreign nations are governed by the foreigners Act 1946, and the Citizenship Act 1955, and in the absence of national refugee legislation and accession to the 1951 Convention, what legal framework governs the determination of refugee status and the protection of individuals in need of international protection? What mechanisms are in place to ensure that individuals are not expelled or subjected to reform without an individual assessment of their protection needs.
Now, staying with the issue of Rohingya who fled Myanmar to India.
Now, based on the Rohingya letter 2018, we requested India to comply with non reformal.
The list of issues 2021, which requested information on ending the indefinite detention of Rohingya and ensuring compliance with non reformal.
The statement 2024, which regrets India's lack of response, expresses alarm about arbitrary mass detention including children.
Forcible deportations, racial discrimination in access to services, and the spread of hate speech by politicians, and the State Pat report 2023, which references the Supreme Court's decision upholding deportations.
What are the conditions of the detention and for how long have they been held? What alternatives to detention have been implemented for Rohingya individuals, including women, children, and families? What measures have the state party taken to provide Rohingya refugees with access to basic services, including education, employment, and health care without discrimination? And are they provided with legal representation and an opportunity to challenge deportation decisions before an independent body? I'm now list of themes number 30, measures taken or envisaged to combat acts of racial discrimination, hate speech and violent attack against migrants, refugees, asylum seekers, and stateless persons, including by addressing its root causes, as well as information on the investigation of incidents of racial discrimination, and violence against migrants, refugees, asylum seekers, and stateless persons, and to bring perpetrators to justice and provide victims or their families with effective remedies.
Now, based on the list of issues 2021, which requested information on measures to combat hate speech and racially motivated attacks against groups, including the Rohingya, Africans, Northeastern communities, unscheduled castes, unscheduled communities, and the State Party report 2023, which states that racially motivated actions are not specifically codified as aggravating circumstances and it describes attacks on Africans as individual criminal acts rather than racist attacks.
What specific measures has the state party taken to prevent and respond to racially motivated attacks against African nationals, Rohingya and other migrant communities? Now, based on the Common Core document 2022, which states that Sections 153 A 153 B and 52 of the IPC criminalize incite hatred on grounds including race, can you say how many cases of hate speech against migrants have been prosecuted under those sections that I mentioned? In terms of list of issues 31, measures to prevent taken to prevent and protect people from statelessness, Um, please provide updated statistics of the number of stateless persons and persons at risk of statelessness in India, disaggregated by age, gender, ethnicity, and region.
Now, in terms of education, because I'm watching the time, let me go to education, human rights education to combat prejudice and intolerance.
Based on the concluding observations, 2007, which noted that caste bias and racial stroke, ethnic prejudice remain deeply entrenched and the list of issues 2021, which requested information on measures to eradicate the social acceptance of caste based discrimination, racial prejudice.
What public education awareness campaigns has the state party conducted since you last appeared before us to combat the social acceptance of caste based discrimination and racial, ethnic and ethno religious prejudice, and all this in connection with the issue of education and training.
What training programs are in place for civil servants, law enforcement officers, and judicial authorities to raise awareness about the importance of racial, ethnic, ethno religious and cultural diversity and tolerance and to prevent discrimination in the delivery of public services.
Um.
Now, we have government data which reveal a steep cast hierarchy within India's higher education institutions.
Professors in central universities as of April 2023, we learn only of the professors of 1341 professors, only 7.2% were from the scheduled class against a statutory reservation benchmark of 15%.
The shortfall widens at each higher rank, indicating that reservation and promotion is not being delivered.
And I also wanted to find out about the curriculum at all levels of the education system, especially the lower levels in terms of what they say about human rights education.
Um, The State party 2023 submission notes that under the National Education policy, regular audits on the curriculum are performed to advance mutual respect.
What criteria set by the state to be used in these audits to ensure preservation of historically accurate information on the contributions of scheduled castes and scheduled tribes? What measures have the state taken to address allegations that textbook chapters covering inequality, social justice movements, and cast oppression are being diluted or omitted? And given the implementation of the University grants Commission, UGC, anti discrimination frameworks, how has the government moved to address the high dropout rates and students suicides linked to institutional caste discrimination at elite universities? And finally, This state party has noted that mandatory human rights training is done at national police and civil service academies.
Do these programs include any specific modules designed and intended to deep seated cast biases and profiling? I'll stop there chair and hope to have some interactive dialogue with the delegation and please remember that you know your country a lot better than we do, but we do have the benefit of discussions with knowledgeable academics and civil society groups.
We have read widely about your country.
But we depend on you to clarify for us some of the issues that we have raised and let us learn from each other as we go through this dialogue today.
Thank you very much.
Thank you, Madam Shepherd.
You have a bit more than 1 minute to intervene if you'd like during the replies to ask for clarifications.
I immediately turn the floor to the delegation for responses.
You have the floor, sir.
I'm scared to take the floor, Excellency, because I thought we were going to try to address some of the questions we couldn't answer in the previous session and now I have two dozen questions from Madam Chain.
We will try our best.
I've just noted it down.
Thank you, ma'am.
I appreciate your enthusiasm and focus on issues that we share deeply with some of the issues that you mentioned.
Let me first try to address some of the key issues that we didn't answer in the previous session.
For that, may I give the floor to.
I'd like to address on two issues raised by the honorable Reeur.
First was regarding reservation in the higher judiciary.
The country's stand is consistent that we believe in reservation for those disadvantaged sections of the society and the government is committed to it.
But we must understand the distinction between constitutional offices and non constitutional offices.
So far as higher judiciary is concerned, namely judges of the high court and the Honorable Supreme Court, they are constitutional functionaries.
In the system which we follow in India, we have a collegium system where for elevation to the high court, the first three judges in line of seniority, the Chief Justice number two and number three, and in case of elevation in the Supreme Court, the Honorable Chief Justice of India and first four judges, they take a decision who is to be elevated based on several factors, including merits, but we do not go by the percentage or reservation criteria.
But I must tell you from experience that the factor of a person belonging to either schedule caste or schedule tribe, et cetera is taken into consideration by the coliseum and if everything is equal, he gets benefit of belonging to that particular disadvantage group.
But this is not to dilute the commitment of the government, that reservation is required, and in all non constitutional offices, it is a matter of policy, and that is all I can say that reservation is the policy of the government.
Second question which fell from the honorable member was regarding hate speech by some senior officials.
See, we do not go by the offender.
We go by the offense.
Hate speech is treated as a very, very serious offense requiring severe punishment, but in accordance with law.
Who is indulging into hate speech is irrelevant, whether he is a common citizen or a senior official.
He is facing the law of the land and for some reason, if the law is not reaching him, then we have human rights defenders who do file petitions in the Supreme Court and the high court seeking appropriate actions.
The Supreme Court, as I've already said, has laid down a detailed guidelines and Supreme Court do issue effective directions to ensure that whoever indulges into hate speech is brought to the book.
Thank you.
Thank you, sir.
I think we had maybe I would on human rights education, turn to Ambassador Ajulla Jamir, our deputy permanent representative.
Ma'am, you have the floor.
Thank you.
Mr.
Chair, human rights education is an important part of India's efforts to promote equality, dignity and respect for diversity.
It extends from schools and universities to the training of police, security personnel, judicial officers, and other public officials.
At the school level, the National Education Policy 2020 and the National Curriculum Framework for School Education 2023 place constitutional and human values, respect for diversity, equity, and inclusion at the center of education.
The framework also seeks to develop in students a responsible commitment to human rights.
These principles are being reflected in new textbooks and learning materials alongside the teaching of civics and legal studies.
India also places emphasis on preparing teachers to create inclusive and non discriminatory learning environments.
Through the National Initiative for School Heads and Teachers holistic advancement in short from NISTA teacher training program, large numbers of teachers have received training on equitable and inclusive education, including addressing social and educational barriers faced by disadvantaged children.
At the higher education level, the University Grounds Commission, the statutory body established by an act of Parliament, issued guidelines on inculcation of human values and professional ethics in higher education institutions.
Known as Muna parvo 2.0, which promotes human values and professional ethics in higher education.
It provides for courses covering constitutional values, fundamental duties, and citizenship values.
Human rights also form an important part of legal education, including in national law universities and law colleges in India.
Mr.
Chair, human rights education is not limited to formal education.
The National Human Rights Commission has an important statutory role in spreading human rights literacy.
It conducts internships, training programs, seminars, and other outreach activities for students, educators, law enforcement personnel, and public officials.
During 2023 to 2024, the commission also supported collaborative training programs involving central universities and police and judicial training institutions.
India also promotes greater understanding of its diversity initiated by the Ministry of Education through initiatives such as Eg Baharat Srta Baharat, one India, Great India, and Yuba Sangam, te Confus, which encourage cultural, linguistic, and educational exchanges among provincial governments.
These initiatives seek to counter stereotypes and foster respect for India's diversity.
Special attention is also taken to sensitizing law enforcement and judicial authorities.
The Bureau of Police Research and Development conducts training on anti discrimination laws and the protection of vulnerable groups.
National Human Rights Commission has conducted training of trainers programs for police, armed police forces, investigating agencies, and prison officers.
Judicial training institutions also conduct programs on constitutional values, equality, diversity, and access to justice.
Mr.
Chair, India believes that human rights education should go beyond textbooks.
Each should cultivate respect for human dignity, equality, non discrimination, and diversity in everyday life.
Our approach is therefore to build a culture of human rights through education, public awareness, and professional training so that these values are understood, respected, and practiced across generations.
I thank you, Mr.
Chair.
Thank you, Ambassador.
May I now give the floor to Madame Desta F to supplement this.
Thank you.
Mr.
Chair and esteemed members, in addition to the comments of my distinguished colleague, we would like to add upon the training and capacity building of law enforcement agencies on the issues of human rights and which has come up into various points raised by the esteemed members.
I like it is my pleasure to inform that India has approximately 3.5 million police personnel nationally as per Bureau of Police Research and Development data on Police Organization 2022 2023.
All of them, all the police personnel are trained under new criminal laws.
This is the largest single law enforcement training exercise in India's history.
It is being conducted through VPRND, state police training academies, and National Judicial Academy.
Modules include the FIR obligation directly relevant to SEST victims who were historically, it is alleged that denied FIR registration or jurisdictional grounds.
Further, I would like to come upon the training on human rights issues.
Sensitization of the police on human rights and non discrimination is institutionalized through Bureau of Police Research and Development, which is the government's Epix training body.
In 2025, 26 alone, BPRND and its outlying units conducted 1283 courses, training 78,881 officials nationwide, spanning senior leadership, investigators, prosecutors, forensic personnels, et cetera Over the preceding five years, 2463 domestic courses, trained over nearly 0.23 million police personnel through centers for Detective Training and Central Academy for Police Training across every region of the country.
It shows that human right training is embedded structurally, not incidental.
Vertical interaction courses for senior police officers explicitly cover public order and human rights.
CDTI, which is called Central Detective Training Institute, Kolkata, has been designated the National Center of Excellence for Community Policing and Crime Against Women, children, and other vulnerable section and has separately conducted 12 courses training 274 officers specifically on human rights.
The developing specialist investigator scheme mandates at least two trained specialist investigator in every district of every province and union territory, ensuring districts with significant scheduled causes, scheduled tries and minority population receive the same trained investigative capacity as any other.
Women's safety courses alone trained 2006 72 officers in 2025, 26.
Together, these reflect a sustained nationwide investment running into hundreds of millions of rupees in professional, right, respecting and non discriminatory policing.
In short, the 2025 26 figures breakdown figures for law enforcement agencies training is as follows, 6619 domestic courses train 55400916 officials, 204 courses on new NShita framework train 17,004 88 officials, 329 coordinated courses with Armed Forces and Central Armed Forces Police forces trained 1764 personnel, and there are likewise many other courses which have trained the entire police force of 3.5 million.
Thank you.
Thank you.
Before I hand over the floor to one of the solicitor general regarding the queries on the legal aspects of refugees, et cetera, just a quick comment I wanted to make on a query that came up on actions or attacks against specific groups.
We have been trying to answer this question for the last couple of days since yesterday on scheduled cars, scheduled tribes, other groups.
Now, it's easy to put them all together and say, what's the process? Each one has a different one, but, um, team member referred to the issue of people of African descent in India, since you went back into history, may I also go back into history a bit to say, I don't think India's commitment to apartheid or discrimination on the race basis of skin color is in doubt, and that is not a government position, it's a position of the nation.
And so I don't know if you have too many people of African descent in India, but we have a lot of students, certainly.
Yesterday, I think my colleague did mention a little bit about measures that we take, but I wanted to assure you that on that issue, each case is taken seriously.
They may not be related to attack racially because it's not as if they're living there.
They're there for a few years, they're going back.
But each case that is there, we are in touch with the concerned governments, their embassies.
We have a process where they are assisted.
We are understanding that for us the students are welcome in our country.
They should not be feeling any difficulty.
To be honest, I don't hear too many cases.
A couple of times the cases come up and they get attention.
But as a nation, I think this is something we're very strongly about that we need to work to ensure that everybody has a very comfortable, very welcoming situation.
I don't think the numbers are as large as to say the percentage of population, how they're being treated, but I will stop here.
And if there are any follow up questions on that aspect or others, I'm happy to try to see.
But for the moment, let me hand over to Solicitor General.
I'll answer the questions concerning the policy of immigration, refugees, et cetera Now, I would request the honorable members of the committee to bear in mind certain geographical factors, which are India specific and certain historical perspective, which are also India specific.
So whenever a nation makes the laws with regard to dealing with citizens, refugees, or illegal immigrants, all these factors go into consideration and everything is governed by the statutory law, which is made by the competent legislature, in this case, the Parliament of India, a First of all, I must make it clear that India is not a party to the 1951 United Nations Convention relating to the status of refugees.
We are also not party to 1967 protocol on refugees.
Essentially, we are governed by the statutory mechanism and the statutory framework framed by the Parliament of India and all these frameworks and the statutes are tested by our constitutional courts and on the touchstone of fundamental rights of everyone, including non citizens, and they are upheld by the constitutional courts on more than one occasions.
Now, all foreign nationals Including refugees, migrants and asylum seekers are governed by the provisions contained in Immigration and Foreigners Act 2025, as the Honorable Reporter mentioned, which came into force in September 2025.
Earlier regime was a pre existing colonial regime that was passport entry into India Act 1920, registration of foreigners Act 1939, and the Foreigners Act 1946, and the Immigration Careers Liability Act 2000.
Now, new law has drastically made it modern and transparent framework.
We have now Bureau of Immigration Bureau handles Visa processing, tracking, deportation, reducing ad hoc, state level enforcement, which may not be uniform at times.
Now, it would be uniform.
The co operative provisions of the Act, including registration on arrival into the territory of India, penalties for using forged documents, restrictions on entry to sensitive sectors apply to foreign nationals as a category, which is a classification made by law without reference to any race, religion, nationality, or origin.
Uh, what happens is, we've experienced this many times that people who try to come into India illegally, they become victims of certain individuals or certain vested interest groups who use them as couriers for drug trafficking or some other illegal things to be brought into India, et cetera.
Therefore, we have a robust mechanism to ensure that they are dealt with strictly in accordance with law.
So far as the question of torture is concerned, I'm happy to inform that there has been no torture of the people who are found to be illegal immigrants, those who are in the detention centers, they are given all basic human necessities like nutritional food, they are giving legal aid, they are being given medical care, and so far as the constitutional framework is concerned, Article 14, which is the right against non arbitrary action or non discrimination.
And Article 21, which is right to live freely, subject to the law of the land, is available to all, even if non citizens.
They are all governed by these two constitutional provisions, which is a part of their fundamental rights.
One aspect which I missed yesterday was regarding left wing extremism.
There was a question that there is a possibility of reward for killing, which is not a correct factual assertion.
As a matter of fact, I'm very happy to inform that most of the left wing extremists have surrendered voluntarily and at times with the active support of the civil society organizations.
And this is applauded by the local population, which is mostly the tribal population because now whatever benefits were available to rest of the India and which were not reaching them because of the extremism, left wing extremism has started reaching them.
So the tribal population is very happy.
Thank you.
I think we're out of time.
Thank you.
Thank you very much, Excellency.
I will now open the floor for follow up questions by the country task force and also the members.
We have 15 minutes for that and I'll give the floor to Madam Shepherd first.
Taking the promised one, almost 2 minutes that you promised to give me back.
Thank you very much, delegation, for your responses.
Let me start by saying that the reference to going back to the past didn't escape me.
But as a historian, you know that the past informs the present and also can help to guide us to the future.
I'm not upset about your snide remarks and historians.
It didn't escape me.
I also wanted to say that I did start by admitting that India has some very good legislation to address some of the ills of the society that we have pointed out.
However, We're all used to the politics of should.
The legislation should have this impact, the legislation should have the other impact.
My concern is, how effective have the legislation been in one area or the other? What are you? Are you seeing the impact that you desire from the legislation that you have passed in various areas, for example, towards refugees, migrants, and people who are seeking asylum? Have you seen it reducing the number of are who we call stateless persons.
Have you seen changes in the education system? Have you seen changes in terms of the impact of your human rights education? Those are my concerns.
Good legislation.
Have you seen changes in the society? For example, reduction in xenophobic actions and prejudices against foreigners, people called foreigners.
These are my concerns.
Thank you.
Thank you.
Madam Chung, would you like to take the floor? You have the floor, Madam.
Good.
Thank you very much for your clarification, but I'm still have questions on statelessness issue.
We received many reports on Bengali speaking Muslim and Kashmir who could not receive citizenship and became stateless.
Could you provide the clarification on this? Thank you very much.
Thank you, Madam Sabrinaki.
Thank you, Chair and many thanks for the responses.
I have a very brief question on the detention centers of migrants and non citizens.
Is there a specific inspection mechanism? Because we see a lot also as well, a lot of abuse in these places and how is this building on my co reporter's question, how is legislation, for instance, on maximum of detention is enforced? Again, I would like to repeat my kind request.
If we have specific data and numbers on hate speech cases, where, for instance, you know, offenders are high officials, please do submit them or do submit any kind of data that is for us, important to understand how law is enforced in practice.
Thank you very much.
Thank you, Madam Book Wilson.
Thank you, Mr.
Chair.
Mr.
Chair, kindly permit me to comment on a position just proffered by the State Party regarding his speech and their focus on the crime as opposed to the dual of the crime, if I heard you know if I heard correctly.
The reason this committee recommends placing emphasis on both the crime and the duo of the crime is that for the purpose of punitive measures and sentencing, you as a state party would have to establish mitigating or aggravating circumstances based on the duo of the act, right? So let's say, for example, if the perpetrator is an authoritative or manipulative speaker in a position to effectively influence the conduct of other persons, then yes, that would be an aggravating circumstance, and that would be reason enough to pay attention to the duo.
At the same time, if the victims are, say, for example, young persons indoctrinated into a group based hatred or a vulnerable and susceptible audience like youth and children, that will also be relevant.
Thank you, Mr.
Chair.
Thank you, D I would like to react to what was said about the vestiges of colonialism, the remnants of colonialism, which the co rapporteur referred to.
We know that India was the first country to put racism on the UN's agenda in 1946 by bringing a complaint against discriminatory treatment of persons of Indian origin in South Africa and its first session, the General Assembly adopted on the 8th of December of that same year, resolution 44 stroke one, saying that this treatment should be subject to the international obligations, subject to the UN charter.
Historically, India and the African continent have experienced tragic destinies in the past, the transatlantic slave trade and colonialism.
We would like to know the following how Do the Indian authorities see the future in terms of supporting CRT in its quest to secure justice for crimes against humanity perpetrated through the transatlantic slave trade and colonialism? Also, what national strategies India adopted to promote the second decade of persons of African descent program? Could you give us statistics about persons of African descent who live in India? Thank you very much.
Abajk.
Thank you, Mr.
Chair.
Well, I have perhaps more like a brief comment than a question, but who knows? Maybe there will be a question after all.
The thing is that I was listening very carefully to all answers and all parts of this dialogue, also those concerning Article 7 and education.
I think we would agree that each part and each provision of ISAT matters, there are no more or less important parts.
Article 7 of ISAT, which concerns education happens to be the last in part one, but it's equally important you provided us with feedback and information in this regard.
But this brings me also to this thought that indeed, it's never enough to stress the importance of it.
I particularly appreciate one of your members of the delegation saying that human rights education should go beyond textbooks.
Absolutely.
I would also say in this regard that, well, I know there are good human rights centers in India.
I know that there are a lot of projects going on.
However, I was wondering to which extent does the government has any competence or any possibility to influence university curricula when it comes to this general human rights education? Well, in other words, universities normally have a lot of competence and possibility and autonomy and they should have.
But I was wondering if it's so that you could tell us whether government may have the specific instruments to encourage the presence of human rights agenda in university curricula.
Lastly, I have a remark, perhaps more like a voice in a discussion and maybe even more to my fellow colleagues at the committee because we have recently produced very important general recommendations.
There are some important general recommendations coming.
In the pipeline, I wanted to share with you that maybe Article 7 and the issues of education, teaching, culture, maybe they also deserve our attention at some point to look closely at these standards, to look at their dynamics, and maybe this is a way to go.
I'm not saying we have neglected it.
I think that we paid due attention.
The issues concerning education.
But nevertheless, I just wanted to put it on record that at some point we should also consider how to update our standards here.
Thank you, Mr.
Chair.
Thank you.
Madam Shepherd, you have the floor? Thank you, Chair.
This is just really piggybacking on Mr.
Balata comments about general recommendation because I think if it was mentioned before, it bears repeating that general recommendation 38, general recommendation 39 to address the issues, the obligations of states in terms of, or we are encouraging states to implement some of the recommendations in R 38 and 39 with respect to migrants, refugees and asylum seekers.
I just wanted to flag those two.
We did this in collaboration.
I think Mr.
Guiset would have mentioned this had been in the room because he worked very hard on these general recommendations or general comment because we did it in collaboration with the committee on migrant workers.
You may want to Have a look at that at some point as you continue to address the issues facing migrants, refugees and asylum seekers.
Thank you, Chair.
Thank you very much.
The floor is still open.
I don't see anybody asking for it.
We have about 3.5 minutes.
I'm going to turn to the delegation for their responses.
But the members can use these 3.5 minutes to intervene if you need further clarification during this time.
Um, over to you, sir.
You have 20 minutes.
Thank you.
Thank you, Chair.
Thank you for the questions.
Before I turn to others, let me just apologize if there's been a miscommunication, Madam Scher.
I didn't mean Ning at all.
I just wanted to emphasize that discrimination against people of African descent is a matter of national faith.
If there are actions that happened, it's something that we need to fix.
It's very rare, as I said, we believe in it as a nation.
Having said that, I don't know if there is actually a number for that.
There are people who have been in India for centuries called Siddi people.
They are of African descent.
Um, I don't know.
In India, 100,000 is not a big number, so I would say about 100,000 people maybe.
African students, we have a much better fix.
We can try to get you because they come, they are on visas.
But if you say African descent, again, goes back to the original indigenous people, who's of which descent.
But certainly, um, you know, we haven't heard any particular cases of discrimination in that from that perspective.
There have been incidents against some students of Africa, but as my colleague explained, those have been specific incidents related to problems between students.
It's not so much against society.
Having said that, let me now hand over the floor to perhaps, Madam Mona from social justice.
Thank you.
Mr.
Chair, I would like to mention in addition to the police training and capacity building, the awareness programs undertaken and also the protection extended to victims and witnesses.
The institutional majors for capacity building strengthen the capacity of law enforcement agencies to apply laws impartially, protect vulnerable communities.
But India has strengthened access to justice through the National Legal Services Authority and the state and district legal authorities under Section two of the Legal Services Authorities Act 1987, every member of an SNST community is eligible for free legal services irrespective of income.
Victims of cast atrocities are also expressly covered as persons entitled to legal assistance.
Victims and witnesses, they are specifically provided more assistance like ensuring their travel and bearing their travel expenses and giving them special protection.
A significant institutional development was the Memorandum of Understanding signed on September 2024 between the Department of Social Justice and Empowerment and NASA.
Under the MOU and the associated SART 1.0 initiative, NASA State Legal Services authorities and district legal service authorities conduct legal awareness and outreach programs through panel lawyers and paralegal volunteers concerning inter alia, the PCR Act, PO Act, and prohibition of employment as manual scavengers and the Rehabilitation Act.
The partnership is intended to improve awareness of rights, access to legal assistance, and access to welfare schemes.
So as the latest status, the legal Services network comprises institutions from the Supreme Court and high courts to state, district, and block levels of judiciary.
During financial year 2025 26, NASA reported 1.66 million persons, provided free legal advice, and 491 990 legal awareness programs and campaigns benefiting 40 million persons, including SEST beneficiaries.
Now, I would like to move towards the queries raised for tackling discrimination by private persons.
So, I would like to mention that so far as discrimination from private side is concerned, the statutory provisions apply equally to all, including the private as well as public persons or public authorities.
So the Act um, the statutory provision is same for everyone.
Now, if we talk about the welfare programs or ensuring that the SCST persons have equal access in private sector as well.
I would like to mention that in a democratic and diverse country like India, we have to work a lot through persuasion.
Here I would also touch upon RT Act.
RT Act provides for 25% reservation in private schools and there was a query that why segregated data on SENST are not maintained under RT Act because the Act itself is meant for disadvantaged group like SESD and economically weaker section.
That is the reason why we don't maintain this data.
Already private sector schools have been pursued.
Private health institutions are taken into the welfare program for health and medical services by extending government backed health insurance system and that includes private health and medical institutions as well, and their like SENST communities are ensured access to secondary and tertiary health services.
Again, I would like to mention the special persuasion to private sector to extend support through corporate social responsibilities.
All these majors have been taken by government to ensure that they have equal access to private sector opportunities in private sector as well.
I think from my side, that's all at present, and I'll come back again.
Thank you very much.
May I hand over the floor to Solicitor? I'll take the question from the honorable member regarding the hate speech and what is the position of law so far as the aggravated circumstances are concerned.
As I understand the question, the question was that if the person who has indulged into hate speech is a higher pedestrian, whether that would be considered to be an aggravated circumstances.
The answer is yes.
If something is said by a young man, which is hate speech, the court while convicting him and while imposing a particular sentence would keep that factor in mind and if it is someone who is at a higher pedestrial and who is expected to be a little more responsible than others, then the sentences are also suitably enhanced.
That is, yes, that is a consideration, a Now, so far as the honorable members reference to the should system, whether parliament should do this or not.
Of course, every country struggles with that question and whether it should be done, how to be done, whether to be done, et cetera, depends upon several facts, several circumstances, several factors, and it is essentially for the floor of the House to debate and discuss on that.
But we have seen the changes in the society.
The implementation of all these legislations have seen a very remarkable difference from what we had in the past, what we have in present, and what we'll possibly have in future.
So far as inspections are concerned, inspection of the detention centers, I must I'm very happy to point out that there are periodical inspections.
When one of the members of my delegation uses the word NASAR if you've noticed it, it is National Legal Services authority, which is an authority created in each state in the High Court of that state and at the central level, which is, again, under the Supreme Court of India and traditionally, conventionally, the judge who is next to the Chief Justice of India or the Chief Justice of the High Court is heading or chairing the legal services authority.
There are periodical and surprise inspections to the detention centers to find out their living conditions, the medical facilities available, the social welfare accesses, whether they are able to access that, whether they have the legal aid available, the tenure of detention, et cetera, and thereafter, the legal services authorities, which are consisting of judicial officers as well as executive officers, they give recommendations to the government.
So far as The honorable ambassador has dealt with the question of African descent.
I would like to add only one interesting facet to that.
The honorable ambassador said about Sidhi community.
Sidhi community originated from Africa and have settled in India.
They have intermingled and intermixed to such an extent that I can say from my personal experience, they speak our language the way we speak in the same annotations and pronunciations.
I'm also happy to inform that one lady leader of African descent called H Ibragm Lobi was conferred one of the highest civilian honors by the president of India, which is Pmshli.
They are a part of our culture.
If there are some individual instances which may have happened due to go into the facts, circumstances, reasons, causes, et cetera.
But yes, as a policy, they are a part of our culture.
Thank you, sir.
There was also issue of how do we look at CRD and other issues.
I will give the floor to doctor Tavia.
Thank you.
Also, just specifically, I want to come back on some of the comments which were made on India's support for people of African descent.
I must put on record that we have been one of the strong supporters of the conversation which is happening in the UN platform.
When it comes to the issue of people of African descent.
We had supported the international decade of people of African descent, which has three pillars of recognition, justice, and development.
We have also supported the establishment of Permanent Forum on people of African descent, which strengthens the UN architecture on this issue.
And we also had made financial contribution to the establishment of a permanent memorial to honor the victims of slavery and transatlantic slave trade.
Um, in this context, I would also say that the resolution, which Ghana brought was also very significant, and that was one of the reasons why we very strongly supported that resolution.
We also participated very actively in the Next Steps conference, and I must say that the next steps was very practical approach, which it did take.
It set up three committees, and, well, it was restricted to Africans.
We had in fact offered that if we can be also part of the committee, which we will engage with the Ghana and African Union in this regard.
We also are very happy about the focus which they have, which is to look at the historical acknowledgment, preservation of memory, restitution of cultural property, archival and historical research, education and awareness, and also appropriate forum and modalities of reparatory justice.
It's actually quite significant, as the honorable member has brought out about the Indians also who are in some way associated with this in terms of the indental labor and which they are part of uh, so I would basically say that we will continue to participate very constructively and we will keep ourselves engaged in this process so that we can come to a meaningful conclusion on this issue.
Thank you.
I know we're getting tight on the timeline, a couple of things.
Just two issues before I give the floor to Madam Mona.
One was, before that, some comments on statelessness have been made.
The legal term, I want to be careful what I say, but those general comment felt that Kashmiri Muslims are losing their citizenship and becoming stateless.
Frankly, I'm not aware of.
How are they happening? Who's taking away somebody's citizenship? It doesn't happen like that.
Bengali speaking Muslims in Aslam generally have become stateless.
No, there is an Asa, Honorable Solicitor explained, the IR for election purposes, you can't take away somebody's citizenship who's already a citizen.
If the person is illegally in India, it's determine if they're a citizen or not.
If they are not, there are processes on how they need to go back to their country.
I think we should be careful before make general statement that people are just becoming stateless in India.
It's not fact correct.
It's actually just not true.
Let me go to the other part of it, which was a very interesting question posed.
How effective is the legislation that we passed? How do we monitor what happened? This is something that bothers democracies.
We discuss it And I would think one of the topics under this committee, we're looking at SEST stats representation is a good example.
You can see the data if you compared to where we started off in the 1950, 51 and how these acts came up, you can see the difference.
Have we reached where we want to know? Obviously not.
But clearly, the fact that every ten years, the presentations looked at what we achieve.
On that note, I will pass over to Madam Mona, who actually is from the ministry to say what exactly economically or representation wise, what you would like to say.
Thank you.
I would like to begin with mentioning that the government maintains monthly per capita consumption expenditure, which is MPCE from the household consumption expenditure survey, which is FCES.
It is used as a proxy for economic well being as per CES, that is the survey 2023 24.
Uh, the rural SE population MPC, that is monthly per capita expenditure.
It increased from pees 1252 in 2011 12 to pees 3,878, which is 210% increase.
In urban, the increase during the same period is 180 5%.
Whereas in case of rural ST community, the increase, over the same period is 200%, and in urban it is 170 5%.
I would like to bring to the notice of the Esteem committee that this increase is higher than the increase observed in general community.
All India rural MPC increased by 180 8% and urban by 160 6%.
Very obviously increase in SEST is much higher.
As per the household consumption expenditure survey, SESTYs per capita income, uh, is, uh, maintained and monthly per capita consumption expenditure is used as economic indicator of well being.
Um, So, I would like to mention that we are well aware of the fact that the economic advancement that our country has achieved is we have come to a significant stage, but we aspire to be a higher income country by 2047, and for that, we need to have everyone growth of every community, and we are quite focused on that.
We are working on that.
We are in the right direction, and we hope that all communities will progress and these communities will catch up very fast with the general population.
Thank you.
Thank you.
May I give the floor to doctor Akin? We have just about 3 minutes.
Thank you.
We did have a whole lot of discussion today and of course, there were some procedural issues also discussed.
I do want to put it on record that at the outset of the review yesterday itself, I briefly flagged our concerns regarding gradual expansion of the mandate of this committee through introduction of issues under the rubric of intersectionality or otherwise.
We believe this risks distracting from the original purpose for which the states have come together under this convention, which is to address the pressing global challenge of racism and racial discrimination.
This regard, we would like to make one point particularly clear.
Intersectionality may be useful analytical framework for understanding how different forms of discrimination can interact in an individual case.
However, it cannot become an independent legal basis for extending jurisdiction of a treaty body beyond the convention for which its mandate derives.
We would make a similar point regarding terminology such as ethno religious discrimination.
The use of composite expressions cannot by itself bring an issue concerning religious identity or religious freedom within the scope of this convention.
Religion is not one of the grounds enumerated in Article 1 of ISAT.
Where there is evidence of discrimination on the grounds covered by Article 1, the committee naturally has a role, but the racial and ethnic elements must be substantially established.
It cannot simply be presumed from terminology.
This also raises a broader institutional concern regarding the integrity of the treaty body system.
Different treaty bodies have established with distinct mandates and area of competence, addressing the same issue across multiple treaty bodies, risk duplication, overlapping mandates, and avoidable reporting burden on states.
At the time of fiscal constraint and renewed attention on effectiveness of UN bodies, such duplication may ultimately undermine rather than strengthen the treaty body system.
We would respectfully urge the committee to reflect on this concern.
I have nevertheless responded, and my team here has nevertheless responded constrictively to the questions, including on matters, which has been under consideration yesterday and today.
I'm quite sure we will also be sending some additional inputs, which is required as per the request of the committee.
Of course, one should also see that we have done this out of courtesy, transparency, and respect for the committee.
Our willingness to engage on such questions should not be interpreted as acquiescence to an expanded understanding of committee's mandate or an acceptance of additional treaty obligation.
I would just like to conclude by saying that going forward, however, we may need to focus our responses more closely on obligations arising directly under this convention, leaving other matters to the respective international human rights instruments and treaty bodies.
Thank you.
With 10 seconds to spare, may I hand over the floor? Thank you Chair.
Thank you very much.
On this last point, the convention expressly leaves the possibility for the committee to deliver its mandate according to its rules of procedure and working methods upon which the committee has full powers and sovereignty.
We're not going to open this to discussion.
Whatever you think about it is a different matter.
Now, it is the time for me to give the floor to the follow up eur.
Our follow up raporteur is Madame de Coula.
But unfortunately, she had to leave unexpectedly for a crisis situation at home.
I will try to replace her as to report on the follow up.
I can do that because I was the previous follow up reporter.
The um Paragraph 44 34 of the last concluding observations on India, which were adopted in May 2007, requested India that within one year of the adoption, it would submit an interim report on four paragraphs which contained a number of recommendations.
This interim report never came, so India failed to submit this interim report.
Many of the issues that were raised in this paragraph back in 2007 were raised again now here.
Which means we are basically talking about pretty much the same problems for which there was no solution, no improvement, so to speak.
I would like to remind the delegation that the committee attaches a particular importance to the follow up procedure.
This time around as well, we will have a number of issues flagged and we will ask in the concluding observations, the state party officials to provide the committee with an interim report on those issues about the implementation of the recommendations and the improvements achieved as a result.
So Please we will discuss when the committee will expect the interim report.
But eventually, please, this time around submit your interim report on time.
Now, I will give the floor to the rapporteur for her final remarks.
Madam Stalnai, you have the floor.
Thank you.
Thank you, Mr.
Chair.
I would like to express my genuine satisfaction at India's return to dialogue with the committee and to extend also my sincere thanks to the delegation, as well as to every staff member involved in preparing the report of India and this dialogue.
My co reporters, misses Shepherd and misses Chung, and of course, my colleagues, the Secretariat, and the interpreters, and the vibrant and knowledgeable civil society.
I'm grateful for the responses, the information provided by the delegation, The dialogue was not always without its difficulties, but as is often the case when time has elapsed between interlocutors.
India possesses a rich legal framework, institutions, a broad set of measures combating historical injustices and the Supreme Court that through its jurisprudence, as every equality lawyer knows, has significantly advanced the concept of substantive equality, moving from formal to substantive equality and recognizing indirect discrimination intersectionality, reasonable accommodation and structural remedies.
But jurisprudence alone cannot replace what maybe could be the next step, a comprehensive anti discrimination and equality law, an equality institution with powers to investigate, assist complainants, issue binding decisions and not on the recommendations, provide remedies, collect equality data, and promote equality across public and private sectors.
India has played a leading role in shaping international human rights law from the Universal Declaration of Human Rights onward through Hamsa Mehta, the Indian delegate on the UN Commission on Human Rights in 1947, 2048.
India knows well why the drafting states of this convention established this committee.
To guide state parties, support them in applying the convention as effectively as possible.
Across the decades, this committee composed of experts from nationals of states around the world, has continued to identify forms of racial discrimination in which the social construct of race is embedded in local, national social norms, stereotypes, power relations, and deeply rooted hierarchies.
What has been discussed over these two days are not new legal obligations, but they are obligations arising from this convention, echoing the words of the head of delegation, His Excellency, the Solicitor General.
Equality is a continuing journey.
Coming from an ancient civilization myself, I'm thinking of Athena, the ancient Greek goddess of wisdom, strategy, and the works of the mind and paraphrasing the ancient Greek saying, alongside Athena, move your own hand too.
I would kindly invite India alongside the Constitution, let international law move equality forward.
Thank you, Mr.
Chair.
Thank you.
I turned to Your Excellency for your final remarks.
Honorable Chairman and distinguished members of the committee.
As we conclude this dialogue, let me begin by expressing our sincere appreciation to you and to all members of the committee for the constructive engagement and for the understanding shown towards the extraordinary complexity, diversity, and the scale of our country.
We have listened carefully to the issues raised during our discussions.
As always, they will continue to receive our highest respectful attention, whether as a part of our obligations under the conventions or as a part of obligations under our own constitution.
India attaches particular importance to this particular convention.
We were actively involved, as I've already said, in its negotiations and drafting in 1960s at a time when newly independent countries were confronting colonialism, apartheid, and racial discrimination.
The principles underlying the convention, therefore, have a particular historical resonance for India.
Today, unfortunately, the challenge which led to the creation of this convention has by no means disappeared.
In different parts of the world, we are witnessing a disturbing resurgence of racism, racial discrimination, xenophobia, et cetera Migrants, including legitimate and law abiding immigrants from developing countries increasingly face prejudice, stereotyping, discriminatory treatment, and in some instances, even violence.
It is precisely in addressing such challenges that the committee's expertise and moral authority can make an important contribution.
We would encourage the committee to engage constructively with states confronting these trends and to assist them in translating their objectives their obligations under the Convention into effective national responses.
Timely and objective advice from the committee can help states address racial prejudice and xenophobia before they become entrenched in their societies.
Let me conclude from where I started.
An idea deeply rooted in Indian civilizational thought.
That is, Vasuaaktum the whole world is a family.
At a time of growing divisions, this simple idea has renewed its own relevance.
Humanity cannot progress through exclusion, racial superiority, or fear of those who are different.
Our collective future requires respect for diversity, dignity, and our common humanity.
India looks forward to continuing its constructive engagement with this committee in advancing these shared objectives.
Thank you, Mr.
Chair, Namaste, and a very good afternoon to all of you.
Thank you.
Dear Mr.
Solicitor General, dear Mr.
Ambassador, dear members of the delegation, I thank you for the dialogue that we have conducted in the last two days.
This was not an interrogation.
Please do not perceive it as such.
We are not here to criticize you or judge you.
All our efforts are geared towards bringing to your attention certain issues that the committee considers requiring action on the part of the competent officials to find a solution and redress the situation.
In this vein, your success in improving the situation in India would be our success in performing our mandate of monitoring states parties for living up to their obligations under the Convention.
I would kindly ask the interpreters to give me 2 minutes to conclude, please.
Um, Dear head of the delegation, I would like to remind the state party that you have 48 hours, as I said before, to give us any information you see fit that you would think that it would improve the drafting of our concluding observations.
I will close this meeting by commending India for taking part in the honor roll 2026 of the United Nations for having paid their regular budget assessment in full within the 30 days due period.
This is very important for us to underline because the current financial crisis of the UN seriously limiting our work and our duties together when I say the committee as well as the OHCHR without the support of which we cannot function and the financial situation impacting totally negatively on both their work and our work.
It is very important for the states parties like India to be on time in paying their dues.
But I would also kindly ask you, Mr.
Ambassador to bring this issue up on your bilateral contacts with other states parties who are not as punctual as India.
And it would help us tremendously.
Thank you very much.
With that, we will start the review of Honduras this afternoon at 3:00 3:00 A.M.
At 3:00 P.M.
So.
I would like to remind the committee that we will have a private meeting started at 1:15 today.
With this.
Thank you again, everybody, and the 3230th meeting of SRD is closed.