By Dr. Gyan Pathak
Though India has asserted at the UN General Assembly’s Third Committee, on the agenda item concerning the Working Group on Enforced Disappearance, that human rights should not be used as an instrument of political pressure or selective targeting of countries, India’s democratic institutions and International reputation is on stake on account of the alarm expressed by 16 United Nations experts in relation to the crackdown on peaceful protesters, the dispute in itself is a significant warning for India’s democratic institutions and international reputation.
Deputy Secretary Barkha Tamrakar stated India’s position and said that India opposes turning “unverified allegations” into a negative characterisation. She said, “India engages with international human rights mechanisms, but such engagement must be based on dialogue, consultation, cooperation with non-selectivity and transparency as guiding principle.” She also said, “We call on delegations to cite the report faithfully, not to inflate a humanitarian communication into a verdict.”
It was only last week India had also rejected a report by UN experts that took note of the “satirical political movement” launched by the Cockroach Janata Party and retaliation by the Indian police force and mass detention of the protesters which included students, civil society members, lawyers, and journalists. India had urged the experts to “verify” claims before “vilifying issues based on unverified allegations.”
Nevertheless, another censure has come from UN Experts on October 20. Hence this dispute goes far beyond a diplomatic disagreement between India and the United Nations. Now, it concerns three fundamental questions: Can citizens peacefully challenge their government? How should a democracy respond to dissent? And how far can international institutions go in questioning a sovereign country’s conduct?
On October 20, UN Experts had called on Indian authorities to respect, protect and fulfil the right to peacefully protest, and ensure justice for human rights violations reported from New Delhi and other parts of the country over the past three months. Alarmed by a repeatedly heavy-handed police response to peaceful youth-led demonstrations, the experts said, “This crackdown reflects a broader, troubling pattern.”
“We have repeatedly alerted the Indian authorities to undue restrictions on peaceful assembly, excessive use of force, arbitrary detentions, enforced disappearances, and the targeting of student activists, amongst others,” UN Experts said.
UN Human Rights said that in March, 10 student and labour-rights activists were reportedly detained in New Delhi by plain-clothes police officers, held incommunicado for more than 24 hours, and allegedly subjected to ill-treatment, threats, coercion and forced declarations, before being released following habeas corpus proceedings.
They said that over the last months, hundreds of thousands of students and their supporters have been gathering peacefully to protest in different parts of the country against Government decisions regarding the education system, and more recently, voter-roll deletions which affect 130 million individuals, reportedly belonging to the Muslim minority, Scheduled Castes and Tribes.
“Despite the non-violent nature of the assemblies, law enforcement agencies have reportedly deployed force against unarmed students, including lathi charges and have prevented thousands from joining the protests,” the experts said.
Reportedly, over 7000 youths, journalists, human rights defenders, lawyers and members of political parties were recently arbitrarily detained in New Delhi and sent to remote detention centres where their phones were allegedly seized and all protest-related material deleted. Most were released 24 hours later, including protest leaders.
According to information received, protesters have sustained injuries, with some reporting being subjected to ill-treatment. The experts expressed particular concern about reports of sexual violence and other forms of gender-based abuse in the protests and related detentions.
The experts raised concerns over reports that Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – or India’s criminal procedure code – has been invoked to impose broad bans on public gatherings, suspend public transportation and execute internet shutdowns.
“These actions violate India’s core international legal obligations, including the rights to freedom of peaceful assembly, freedom of expression, liberty, security of the person, and the right to defend human rights” the experts said.
“We call on the authorities to immediately cease the use of excessive force, rescind blanket assembly bans, and refrain from the misuse of digital surveillance, including through biometrics, and internet disruptions,” they said.
The experts called for an independent, impartial, and thorough investigation into the conduct of law enforcement and affiliated forces to be launched without delay to ensure full accountability, justice, and victims’ reparations.“The Government must guarantee non-recurrence and uphold the democratic right of students and others to assemble and express grievances,” they said. “Particular attention must be paid to the gender-specific impact of restrictions on peaceful assembly and reprisals against protesters.”
Though India’s position has a legitimate diplomatic and legal dimension, but it also raises questions about accountability. On the other hand, UN experts raising alarm have significant implications because the principles on which it was raise are relevant under international human rights law, including the International Covenant on Civil and Political Rights (ICCPR), to which India is a party. India’s Constitution also protects freedom of speech and expression and peaceful assembly under Article 19, subject to constitutionally permitted restrictions. Article 21 protects life and personal liberty.
The immediate consequence is reputational and diplomatic. The more consequential question is whether the controversy prompts credible accountability or becomes a continuing source of distrust.
The controversy has also implications beyond India’s borders, because India’s democratic credentials contribute to its diplomatic influence and partnerships with other countries and International organisations including the UN. (IPA Service)
