India faces criticism from UN discrimination watchdog

A United Nations watchdog has said India must step up protections for tribal peoples and disadvantaged castes facing extrajudicial killings, torture and other violence by law enforcement.

The UN Committee on the Elimination of Racial Discrimination (CERD) also said that the world’s most populous nation urgently needs to tackle hate crimes against Bengali-speaking Muslims.

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“The committee was gravely concerned about reports of large-scale violations perpetrated by law enforcement officials against ethnic and ethno-religious groups, Indigenous and Tribal Peoples, including Scheduled Tribes, Scheduled Castes, particularly Dalits, and non-citizens,” it stated in a release on its findings on Tuesday.

“These included racially motivated violence, excessive use of force, extrajudicial killings, arbitrary and prolonged detention without due process, torture, ill-treatment and sexual violence.”

The committee urged India to investigate all such claims and bring those responsible to justice.

Caste remains a major determinant of social status in India, dictating access to resources, education and opportunity. The system, rooted in historic social hierarchical structures, separates Hindus by function and social standing.

CERD is a panel of 18 independent rights experts that monitors compliance with the Convention on the Elimination of All Forms of Racial Discrimination by the 182 countries that are party to it.

Under the convention, which entered into force in 1969, countries must eliminate racial discrimination, eradicate practices of segregation and ensure equality before the law.

India appeared for review before CERD earlier this month, for the first time since 2007, with Solicitor General Tushar Mehta leading its delegation.

The committee pointed to an increase in law enforcement operations targeting Rohingya, Bengali-speaking Muslims, migrants and asylum seekers.

It said police stops and identity checks involving racial profiling had reportedly led to arbitrary arrest and detention without due process, as well as torture and mistreatment.

The committee also expressed concerns about deportations and forced returns of individuals requiring international protection.

It urged India to “urgently address discrimination, hate speech and hate crimes” against these groups, protect their rights and refrain from collective expulsions.

CERD’s opinions and recommendations are non-binding but hold significant reputational weight.

In a statement, India’s mission said that, during the review, its delegation “highlighted our pluralism; diversity; scale and complexity; constitutional and legal framework and safeguards … as we continue our journey towards ensuring equality, dignity and opportunity for all Indians”.

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