State Of Exception, Pg6

Key Highlights:

• The U.N. Committee on the Elimination of Racial Discrimination (CERD) expressed "grave concern" over reports of violence against minorities, Dalits, and non-citizens in India.
• This was CERD's first review of India since 2007, noting a lack of updated information from the Indian government.
• India ratified the International Convention on the Elimination of All Forms of Racial Discrimination in 1968.
• India maintains that caste bias falls outside Article 1 of the convention, but CERD includes discrimination based on inherited status.

Detailed Insights:

• CERD's concerns include the practice of manual scavenging despite a legal ban.
• The committee also highlighted hate speech, poor living conditions, and mass refoulement of Rohingya Muslims.
• Concerns were raised about mass deprivation of citizenship via the National Register of Citizens (NRC) and large-scale deletions from electoral rolls.
• The government's use of FCRA, UAPA, AFSPA, and PMLA to hinder civil society organizations was noted.
• The Bharatiya Nyaya Sanhita does not expressly criminalize racist hate speech.
• The Forest (Conservation) Amendment Act exempts "national security" projects from consultative decision-making.
• A lack of disaggregated data due to a delayed Census and slow release of NCRB data impedes independent checks on discrimination.
• The Global Alliance of National Human Rights Institutions recommended downgrading the NHRC due to concerns over its independence and pluralism.
• Recommendations include restoring NHRC independence, criminalizing hate speech, supportive affirmative action, and improving data collection and electoral transparency.

Key Concepts Involved:

• U.N. Committee on the Elimination of Racial Discrimination (CERD): A body of independent experts that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.
• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD): A United Nations treaty committing its members to the elimination of racial discrimination.
• National Register of Citizens (NRC): A register containing names of all genuine Indian citizens, aimed at identifying illegal immigrants.
• Foreign Contribution (Regulation) Act (FCRA): An Indian law regulating the acceptance and utilization of foreign contributions by individuals, associations, or companies.
• Unlawful Activities (Prevention) Act (UAPA): An Indian law aimed at preventing unlawful activities associations in India.
• Armed Forces (Special Powers) Act (AFSPA): An Indian parliamentary act that grants special powers to the Indian Armed Forces in "disturbed areas."
• Prevention of Money Laundering Act (PMLA): An Indian law enacted to prevent money laundering and to provide for confiscation of property derived from money laundering.
• Bharatiya Nyaya Sanhita: A proposed new criminal code in India, intended to replace the Indian Penal Code.
• Forest (Conservation) Amendment Act: An amendment to the original act, which regulates the diversion of forest land for non-forest purposes.
• National Human Rights Commission (NHRC): A statutory public body constituted for the protection and promotion of human rights in India.