India and the Universal Periodic Review, 2012
| Author | Ranbir Singh |
| Date | 01 June 2013 |
| Published date | 01 June 2013 |
| DOI | 10.1177/2277401720130110 |
| Subject Matter | Article |
INDIA AND THE UNIVERSAL PERIODIC
REVIEW, 2012
Ranbir Singh*
The existence and validity of human rights are not written in the
stars. The idea concerning the conduct of men toward each other
and the desirable structure of the community have been conceived
and taught by enlightened individuals in the course of history.
Those ideals and convictions which resulted from historical
experience, from the craving for beauty and harmony, have been
readily accepted in theory by man – and at all times, have been
trampled upon by the same people under the pressure of their
animal instincts. A large part of history is therefore replete with the
struggle for those human rights, an eternal struggle in which a
final victory can never be won. But to tire in that struggle would
mean the ruin of society.
Albert Einstein
The protection of basic human rights is one of the most pressing and
elusive goals of the international community. Since the establishment of
United Nations n 1945 and adoption of the Universal Declaration of Human
Rights in 1948, there has been a rapid growth in international law
mechanisms for the protection of human rights. There are nearly 100
universal and regional agreements regarding the protection of human rights
to which a vast majority of nation States bind themselves today. Yet, the
lingering effects of violence, disease, famine, and the destruction of
economic and social infrastructure continue to violate human rights and
increase the world's death toll.
The codification of human rights has happened over the centuries. In
1188 A.D., the Cortes, the feudal assembly of the Kingdom of Leon,
received confirmation from King Alfonso IX of a series of rights, including
* Vice-Chancellor, National Law University, Delhi
the right of the accused to a regular trial and the right to inviolability of life,
honour, home, and property. In 1222 A.D., the Golden Bull of King Andrew
II of Hungry guaranteed that no noble would be arrested or ruined without
first being convicted in conformity with judicial procedure. In 1215 A.D.,
the Magna Carta was accepted by King John at Runnymede. Clause 39 of
the Magna Carta says that no free man shall be taken or imprisoned or exiled
or in any way destroyed expect by the lawful judgment of his peers or (and)
the law of the land. England secured instruments like The English Petition
of Rights, 1628 and the English Bill of Rights, 1688 to improve the rights of
Englishmen. The American Bill of Rights was adopted in 1791 which was
itself influenced by English documents and the French Declaration of the
Rights of Man and of the Citizen, 1789. In the words of Justice V.R. Krishna
Iyer,
The finest hour of humanity's modern history of human rights
dawned when, overpowering Hitler's hordes and Nipponese
hounds and their harshest and most horrendous savageries, fifty
progressive, peace-seeking leaders of the planet adopted and
th
signed on 26 June 1945 in San Francisco the Charter which
founded the United Nations, the hallowed haven of the people of
the earth.
An important tool for preserving and effectuating the human rights
regime inaugurated in the post-World War II era, is the Universal Periodic
Review. Under the Universal Periodic Review (UPR), each member state is
reviewed once every four years. The review is conducted by the UPR
Working Group, which consists of all the members of the Human Rights
Council. Each review is facilitated by a group of three council members
representing a different region each, selected on through a draw of lots. The
set is referred to as the 'troika' which in India's case included Kuwait,
Mexico and Mauritius. States are reviewed on the basis of the UN Charter,
UDHR and other UN human rights treaties to which the state is party to as
well as other international commitments made by a state in the field of
human rights. A review includes analysis of three reports: the national
report (which is produced by state under review), Compilation of UN
information (produced by OHCHR) and the summary of stakeholders
information (compiled by the OHCHR on the basis of shadow reports
submitted by NGOs, national human rights institutions, civil society
136 Journal of National Law University, Delhi [Vol. 1
organizations, academic sources and other regional organizations).
What follows is the national report submitted by India at the Universal
Periodic Review, 2012. The report is reproduced here in order to
disseminate information about crucial issues in the domain of human rights
and their current status. This is a modest attempt to sensitize various
stakeholders regarding human rights challenges before the country.
India and the Universal Periodic Review, 2012 137
2013]
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