258. The Committee considered
the second periodic
report
of India
(CCPRX1371Add.13) at its 1039th to 1042nd meetings, on 26 and 27 March 1991
(see CCPR/C/SR.1039-1042).
259. The report was introduced by the representative
of the State party, who
explained that India was a secular and democratic republic where freedom of
thought, expression, belief,
faith and worship were guaranteed to all
citizens.
The Constitution
provided for parliamentary
democracy with a
division
of powers among the legislature,
the executive and the judiciary
and
established a union of state6 within a federal structure.
Since the
submission of India’s initial
report, the new State of Mizorem had come into
existence,
the former Union Territory
of Arunachal Pradesh had been granted
Statehood, Goa had become a full-fledged
State and Daman and Diu had been
retained a6 a union territory.
The latest general elections
to the Ninth
Lok
had been held in November 1989,
260. The Supreme Court of India and the High Court6 in the individual
States
ensured the effective
implementation of human rights through a liberalized
review of administrative
action.
Such liberalization
had led to the growth of
public interest
litigation
and the seizure of court jurisdiction
in such
matters, even on the basis of postcard6 or telegram6 received from individual6
or of stories or reports published in magazine6 or newspapers, and the
provision
of compulsory legal aid to the needy. The Indian judiciary
had also
made an important contribution
to the safeguarding of other major areas of
human rights,
including the right to life and personal liberty,
freedom of
expression and speech and the protection
of minorities.
The Supreme Court had
indicated that the death penalty should be used a6 an exception in extremely
rare cases and even then only as a deterrent.
1 frwrk
wime
Covmt
is I-.
261. With regard to that issue, member6 of the Committee wished to receive
clarification
of the status of the Covenant within the Indian legal system.
They asked, in particular,
how contradictions
between domestic legislation
and
the Covenant were resolved and whether there had been any cases during the
period under review where the provision6
of the Covenant had been directly
invoked before the courts or referred to in court decisions or where a law had
been rejected by a court on the ground that i’ c was contrary to the Covenant.
They also wiehed to know what further
measure6 had been taken since the
consideration
of the initial
report to disseminate information
on the rights
recognized in the Covenant, particularly
among the various minority
communities and law enforcement officers,
especially
those in the police and
the army! and what factors and difficulties,
if any, affected
the
implementation of the Covenant.
In the latter
regard, they inquired about the
impact of India’s large population and of it6 culture and tradition6
on the
implementation of human rights contained in the Covenant, and about measures
that had been taken to resolve conflict6
thnt had led to violence in the past,
2G2. In addition,
members of the Committee asked whether the Supreme Court was
empowered to act in first
instance on human rights violations
routinely,
or
only in certain cases; what the scope and main features of epistolary
jurisdiction
were, particularly
in the light of the large numbers of people
who were illiterate,
and what had prompted that juriSdiCtiOn’6
establishment.
-66-
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