Recently, the United Nations (UN) Special Rapporteurs (SRs) issued their third communication to India following the revocation of Jammu and Kashmir’s special status under Article 370 on August 5th, 2019. This communication was jointly forwarded by four UN SRs focusing on torture and other cruel, inhuman, or degrading treatment or punishment; extra-judicial, summary or arbitrary executions; minority issues; and freedom of religion or belief.
Key Highlights of the Third Communication
The third communication emphasised the continued deterioration of human rights conditions in J&K due to the severe restrictions imposed on August 5th, 2019. The UN urged the Indian government to conduct a prompt and impartial investigation regarding allegations of arbitrary killings, torture and ill-treatment. It also called for the prosecution of suspected perpetrators under Article 6 of the International Covenant on Civil and Political Rights (ICCPR) and Articles 7 and 12 of the Committee Against Torture (CAT).
India, being a party to the ICCPR Treaty and having issued a declaration, is obligated to protect basic human rights such as the right to life, human dignity, and equality before the law, among others. Although not a state party, India is a signatory to the Convention against Torture, its implementation monitored by the CAT.
Prior Communications Issued by UN SRs
This third communication followed two previous communications directed towards India. The second was issued on February 27th, 2020, addressing an alleged mass crackdown targeting dissenters of the decision made by the Central government. The first communication was issued on August 16th, 2019, focusing on restrictions on freedom of expression and peaceful assembly.
India’s Response to the Communications
To date, the UN SRs have not received any response from India to any of the communications issued.
The Supreme Court’s Recent Judgement on Internet Restrictions
On May 11th, 2020, the Supreme Court ordered the formation of a Special Committee to examine the necessity of continuing the limitation of mobile internet to 2G speed in J&K. It rejected requests for the restoration of 4G services, determining that unique circumstances required a balance between national security concerns and human rights. Mobile internet has been restricted to 2G speed since August 2019.
About UN Special Rapporteurs
Special Procedures of the Human Rights Council are independent human rights experts tasked with reporting and advising on human rights from a thematic or country-specific perspective. Comprising of representatives from each of the five United Nations regional groupings, the mandate-holders are impartial and independent, serving voluntarily without remuneration for a maximum of six years.
The Human Rights Council is an inter-governmental body within the United Nations system, consisting of 47 member states responsible for promoting and protecting global human rights. Regular Universal Periodic Reviews occur under its aegis, with India being a current member. The Council meets at the UN Office in Geneva, Switzerland.