India rebuked by UN discrimination watchdog, asked to better protect tribal peoples and disadvantaged castes

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People shout slogans as they attend a protest rally against what they say are attacks on India's low-caste Dalit community in Ahmedabad, India on July 31, 2016. — Reuters/ File
People shout slogans as they attend a protest rally against what they say are attacks on India's low-caste Dalit community in Ahmedabad, India on July 31, 2016. — Reuters/ File

India must better protect tribal peoples and disadvantaged castes subjected to extrajudicial killings, torture and violence by law enforcement, a United Nations watchdog said on Tuesday.

The UN Committee on the Elimination of Racial Discrimination (CERD) said the world’s most populous country also urgently needed to address hate crimes against Bengali-speaking Muslims.

“The committee was gravely concerned about reports of large-scale violations perpetrated by law enforcement officials against ethnic and ethno-religious groups, Indigenous and Tribal Peoples, including Scheduled Tribes, Scheduled Castes, particularly Dalits, and non-citizens,” it said in a statement on its findings.

“These included racially motivated violence, excessive use of force, extrajudicial killings, arbitrary and prolonged detention without due process, torture, ill-treatment and sexual violence.”

The committee called on India to investigate all such allegations and bring those responsible to justice.

Caste remains a powerful determinant of social status in India, shaping access to resources, education and opportunity. The millennia-old social hierarchy divides Hindus by function and social standing.

CERD, a committee of 18 independent rights experts, monitors adherence to the Convention on the Elimination of All Forms of Racial Discrimination by its 182 member countries.

Under the convention, which came into force in 1969, countries must eliminate racial discrimination, eradicate practices of segregation and guarantee equality before the law.

India appeared for review before CERD earlier this month, for the first time since 2007, with Solicitor General Tushar Mehta leading its delegation.

The committee highlighted an increase in law enforcement operations targeting Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers.

It said police stops and identity checks involving racial profiling had reportedly resulted in arbitrary arrest and detention without due process, as well as torture and mistreatment.

The committee also voiced concerns about deportations and forced returns of people needing international protection.

It urged India to “urgently address discrimination, hate speech and hate crimes” against such groups, protect their rights, and refrain from collective expulsions.

CERD’s opinions and recommendations are non-binding but carry reputational weight.

In a statement, India’s mission said that during the review, its delegation “highlighted our pluralism, diversity, scale and complexity, constitutional and legal framework and safeguards… as we continue our journey towards ensuring equality, dignity and opportunity for all Indians”.

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