UN Human Rights Mechanisms
- Working Group on Enforced or Involuntary Disappearances
- Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
- Special Rapporteur on the Question of Torture
- Special Representative on the Situation of Human Rights Defenders
- Special Rapporteur on the Independence of Judges and Lawyers
- Human Rights Committee
Working Group on Enforced or Involuntary Disappearances
2004 Report: Like the majority of the 347 cases submitted in the past to the Indian government, most of the newly reported cases occurred in Punjab and Kashmir between 1991 and 2003. The newly reported disappearances, including two minor children, were attributed to the Punjab police, Indian Army, border security forces, and other security forces. The Working Group's report also discusses the impunity enjoyed by security forces because of special legislation, such as the Armed Forces Special Powers Act.
The Reports from 1997 to 2003 are available through For the Record: Thematic Summaries.
1996 Report: During 1995, the Working Group met with a representative of India. In July 1995, the Working Group wrote to the government of India, requesting an invitation to India in order to investigate the issue of disappearances. The government denied this request. Paragraphs 235 to 251 address the findings regarding India. This report also discusses the disappearance of Jaswant Singh Khalra, the Secretary-General of the Akali Dal’s human rights wing.
1995 Report: Paragraphs 216 to 222 discuss the Working Group’s findings regarding India. In 1994, the Working Group communicated 11 newly reported cases of disappearances to the government of India, ten from Punjab and one from Kashmir. The Working Group stated that the majority of the 224 cases reported to it from 1983 to 1994 came from Punjab and Kashmir and attributed responsibility for the disappearances to security forces. The Working Group further attributed the decline in submissions to fear of government reprisal in India. The report discusses the Indian government’s response to communications from the Working Group, such as its denial of wide-scale disappearances in Punjab.
The UN maintains a collection of resolutions, documents regarding the Working Group.
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
The Reports from 1997 to 2003 are available through For the Record: Thematic Summaries.
1996 Report: The Special Rapporteur received allegations, from Indian civilians, regarding issues such as deaths in custody; cruel, inhuman, or degrading treatment; violation of the right to life because of excessive force used by police; and deaths of those participating in demonstrations; among other concerns. The Rapporteur specifically mentions the death of Kashmiri lawyer Jalil Andrabi.
1995 Report (click "more" at bottom of page): In paragraphs 157 to 172, the Special Rapporteur discusses cases of executions, and the responses and explanations made by the Indian government for these as well as earlier cases. The Rapporteur concludes his notes on India, citing the contradictions between the submissions made on behalf of the victims and the information provided by the government, reiterating his desire to visit India to ascertain the truth of the allegations. The Rapporteur has requested a visit three times since 1993.
1994 Report (click "more" at bottom of page): In paragraphs 327 to 342, the Rapporteur discusses violations in Kashmir and Punjab, as well as the nature of replies received by the government of India.
1993 Report (click "more" at bottom of page): In paragraphs 330 to 347, the Special Rapporteur discusses the climate of impunity in which perpetrators of extrajudicial, summary or arbitrary executions act in India, in areas such as Assam, Kashmir, and Punjab. The Rapporteur highlights the requirement of prosecution sanction for bringing cases against public servants and provisions of the Armed Forces Special Powers Act as contributing to impunity. In 1992, the Rapporteur sent an urgent appeal regarding the disappearance of Harjit Singh, whose case was also highlighted by Amnesty International. The report lists all 95 communications sent to the government of India in 1992. In its reply, the government of India maintained that the police always acted within the criminal code and that every allegation of human rights was “scrupulously investigated and most of them were found inaccurate, highly exaggerated or deliberately false.”
The UN has collected all resolutions, reports, NGO statements, decisions, and correspondence from governments regarding the Special Rapporteur.
Special Rapporteur on the Question of Torture
2004 Report (click on E/CN.4/2004/56) / 2005 Report: In paragraph 5 of the 2004 report, the Special Rapporteur notes with regret that his 1993 request for an invitation to visit India has not been answered. Because ten years have passed without a satisfactory response to his repeated requests to visit India, the Special Rapporteur draws attention to Commission Resolution 2002/84, titled "Human rights and thematic procedures." This resolution emphasizes cooperation with the Commission through relevant thematic procedures.
The Reports from 1997 to 2003 are available through For the Record: Thematic Summaries.
1996 Report (Addendum): From Paragraphs 241 to 343, the Rapporteur extensively discusses cases of torture throughout India, such as Kashmir and Punjab, and government responses to appeals submitted by the Rapporteur.
1996 Report: The report discusses practices of torture in Jammu and Kashmir, as well as the government’s reply to communications submitted by the Special Rapporteur.
1993 Report (click "more" at bottom of page): The report discusses the relationship between torture and security legislation, practices of torture in Punjab and Kashmir, impunity for police officers, as well as specific cases of torture.
The links below highlight the requests made by the Special Rapporteur for an invitation to visit India and non-compliance from the Indian government:
Press Release, April 2003
Special Rapporteur on Torture: Country Visits
The Special Rapporteur maintains document archives.
Special Representative on the Situation of Human Rights Defenders
The Reports from 1997 to 2003 are available through For the Record: Thematic Summaries. In the 2003 report, in paragraphs 291-299, the Special Representative highlights specific cases in detail. She received no response to her communications from the Indian government. She discusses India as one of several countries where human rights defenders have been victims of execution, death threats and intimidation, State obstruction of their meetings, and the denial of visas. In the 2002 report, the Special Representative mentions that her request to visit India is still outstanding.
The Special Representative also maintains a website, containing reports and other materials.
Special Rapporteur on the Independence of Judges and Lawyers
1999 Report: The Special Rapporteur discusses the detention and charges framed against a Sikh lawyer and human rights defender from Punjab, and the subsequent petition presented by Punjab human rights lawyers to the Chief Minister of Punjab. Another Sikh, who was also harassed by police, was acquitted.
1998 Report: The Special Rapporteur discusses the cases of lawyers from Kashmir, Punjab, Andhra Pradesh, Manipur, and Delhi.
1997 Report: In paragraphs 110 to 115, the Special Rapporteur discusses in detail the abduction and execution of Kashmiri lawyer Jalil Andrabi.
The UN maintains resolutions, reports, NGO documents, decisions, and other documents pertaining to the Special Rapporteur.
Human Rights Committee
The Human Rights Committee evaluates the compliance of a State Party with the International Covenant on Civil and Political Rights (ICCPR). State Parties are required to regularly submit reports regarding their compliance, which are then evaluated by the independent experts comprising the HRC. India submitted its last report, which was due in 1992, in 1996. It was evaluated in July 1997. India’s next report is long overdue.
Summary Record of First HRC Meeting: The summary discusses the right to compensation in Indian case law; emergency powers; the National Security Act and preventative detention; and an individual’s right to be informed of charges at the time of arrest.
Summary Record of Second HRC Meeting: The summary discusses personal laws, anti-terrorism legislation in India, torture, the excessive use of force by police, and threats to human rights defenders, among other human rights issues.
Summary Record of Third HRC Meeting: The summary discusses the variances between Indian law and the ICCPR, such as issues of freedom of expression, torture, preventative detention, the National Security Act, emergency powers, the prohibition of legal proceedings against members of the armed forces, the caste system, facilitation of police violence through certain legislative provisions, and India’s reservations to the ICCPR. The HRC stated that the Special Rapporteur on torture must be allowed to visit India and that India should consider ratifying the Optional Protocol to the ICCPR.
HRC's Concluding Observations/Comments: The Human Rights Committee recommends that India take steps to incorporate the Covenant into its domestic law and ratify the Optional Protocol to the Covenant. It expresses concern over the reservations made by India to specific articles of the Covenant; the reliance on special powers granted through anti-terrorism legislation such as the Armed Forces Special Powers Act and the National Security Act; the requirement of prosecution sanction in order to bring criminal or civil proceedings against members of the security and armed forces; police abuse; the continued detention of individuals under the Terrorist and Disruptive Activities (Prevention) Act, despite its lapse in May 1995; and the lack of compliance with court orders for habeas corpus, among other issues.
