UN panel flags violations against SC, ST and Rohingya

Why in News?

The UN Committee on the Elimination of Racial Discrimination (UNCERD) expressed concern over alleged human-rights violations affecting Scheduled Castes, Scheduled Tribes, Dalits, Rohingya refugees and other non-citizens. 

India rejected the committee’s observations as containing politically motivated and malicious references, sweeping generalisations and unsubstantiated allegations.  

What are ICERD and CERD?

• The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), adopted in 1965, prohibits discrimination based on race, colour, descent, or national or ethnic origin. 
• India signed the Convention in 1967 and ratified it in 1968.
• The Convention is monitored by the UN Committee on the Elimination of Racial Discrimination (CERD), consisting of 18 independent experts serving in their personal capacities. It examines periodic reports submitted by States and issues concluding observations containing concerns and recommendations.
• CERD’s concluding observations are not directly enforceable judgments. Nevertheless, they carry persuasive and interpretative authority and create an expectation that States will respond and improve treaty compliance.  

Key concerns raised by UNCERD: 

• Reported violence, excessive force, arbitrary detention and ill-treatment of SCs, STs, particularly Dalits, and non-citizens.
• Alleged profiling and arbitrary detention of Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers. 
• The committee called upon India for impartial investigations, accountability, action against hate crimes and adherence to non-refoulement.

India’s Response: 

• India rejected what it termed politically motivated and highly malicious references in the observations.
• India highlighted:
  • constitutional guarantees of equality and non-discrimination
  • affirmative-action policies for disadvantaged communities
  • an independent judiciary and democratic accountability
  • statutory commissions and human-rights institutions
  • targeted welfare measures; and
  • India’s plural, multi-religious and multi-ethnic character.

India’s Constitutional and Legal Safeguards: 

(i) Constitutional Provisions: 

• Article 14: Equality before law and equal protection of laws, available to every person.
• Article 15: Prohibits discrimination against citizens on grounds including religion, race and caste.
• Article 16: Ensures equality of opportunity in public employment and permits reservations.
• Article 17: Abolishes untouchability.
• Article 21: Protects the life and personal liberty of every person, including non-citizens, subject to procedure established by law.
• Article 46: Directs the State to promote the educational and economic interests of SCs and STs and protect them from exploitation.
• Articles 338 and 338A: Establish the National Commissions for Scheduled Castes and Scheduled Tribes.
• Fifth and Sixth Schedules: Provide special governance protections for tribal areas.
• Articles 330 and 332: Reserve seats for SCs and STs in Parliament and State Assemblies.

(ii) Statutory Protections: 

• Protection of Civil Rights Act, 1955: Penalises the practice of untouchability.
• SC/ST (Prevention of Atrocities) Act, 1989: Criminalises specified atrocities and provides Special Courts, victim relief and witness protection. 
• Bharatiya Nyaya Sanhita, 2023: Section 196 penalises promotion of enmity on grounds including religion, race, language, caste and community.
• Protection of Human Rights Act, 1993: Provides for the NHRC and State Human Rights Commissions.

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