Statement by India under Agenda Item 3 : Interactive Dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence at the 48th Session of the Human Rights Council (13th September – 8th October, 2021), delivered by Mr. Pawankumar Badhe First Secretary, Permanent Mission of India [Geneva, 16th September, 2021] Statement by India under Agenda Item 3 : Interactive Dialogue with the Special Rapporteur on the pro..
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Statement by India under Agenda Item 3 : Interactive Dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence at the 48th Session of the Human Rights Council (13th September – 8th October, 2021), delivered by Mr. Pawankumar Badhe First Secretary, Permanent Mission of India [Geneva, 16th September, 2021]

Statement by India under Agenda Item 3 : Interactive Dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence at the 48th Session of the Human Rights Council (13th September – 8th October, 2021), delivered by Mr. Pawankumar Badhe First Secretary, Permanent Mission of India

[Geneva, 16th September, 2021]

Madam President,                 

We have seen the report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, which focusses on accountability through prosecution and punishment of gross violations of human rights. We find that the Report makes unfounded, ill-informed, baseless and presumptuous allegations against the police and judiciary in India, which only demonstrates the SR’s lack of knowledge about India’s constitutional, legal, judicial and administrative system. The situations referred to in the Report are not relevant to the study of the SR. We reject these allegations and urge the Special Rapporteur to exercise due diligence.


  1. We strongly believe that States have the sovereign duty to take action against violations of human rights. India has robust democratic institutions and adequate grievance redressal mechanisms to address any issues of human rights violations within the country.

  2. Our Constitution guarantees access to justice as a fundamental right for victims. The right to truth for victims is guaranteed through the enactment of the Right to Information Act 2005, which ensures the freedom to seek, receive and impart information of all kinds. The National Human Rights Commission of India, a category A institution, monitors human rights violations in the country, while it’s authority to investigate human rights violations facilitates the right to justice for the victims.

  3. Our law is very clear that there is no concept of “absolute immunity from trial by the criminal court” when it concerns any offence committed by anybody, including Government Officials and Security forces. In case of violation of law, the due process of law takes its own course.

I thank you, Madam President.

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