Statement by India under Agenda Item 3: Interactive Dialogue with the Working Group on Arbitrary Detention 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, 20th September, 2021] Statement by India under Agenda Item 3: Interactive Dialogue with the Working Group on Arbitrary Det..

Statement by India under Agenda Item 3: Interactive Dialogue with the Working Group on Arbitrary Detention 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, 20th September, 2021]

Statement by India under Agenda Item 3: Interactive Dialogue with the Working Group on Arbitrary Detention 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, 20th September, 2021]

Madam President,

We have taken note of the report of the Working Group on Arbitrary Detention.

2. We reject the conclusions drawn by the Working Group in case of the Opinions rendered on India which are based on limited information and biased allegations from an unidentified source and reflect an inaccurate understanding of India’s criminal justice system. The arrests and subsequent custody in both the cases were carried out as per the due process of law and cannot be considered arbitrary on any grounds. At no time were the accused denied their rights to legal counsel or a fair hearing.

3. The allegations which form the basis of the opinions on India, are contrary to the facts. The Government of India has, therefore, rejected the opinions rendered by the Working Group on India.

4. The Working Group should be aware that India is a functional and vibrant democracy, based on the principles of rule of law and equality before law and India has a robust grievance redressal mechanism to deal with the violations of human rights, including our proactive and independent judiciary and our ‘category A’ National Human Rights Commission, compliant with the Paris Principles.

5. India remains firmly committed to promote and protect the human rights of its people. Our Constitution grants individuals the right to move to the Supreme Court to seek redressal if they believe that their fundamental rights have been 'violated’. Our constitution also guarantees right to life and personal liberty as well as safeguards against arbitrary arrest and detention ensuring right to legal consul, right to be informed about the ground of arrests, right to be produced before a Magistrate and no detention beyond 24 hours except by orders of a Magistrate.

6. India, as a responsible member of the Human Rights Council, will continue to cooperate with the Working Group and provide it with the necessary information to the extent possible, under Indian laws.

I thank you, Madam President.

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