In his reply, the representative
of the State party explained that
although there were religious
and linguistic
minorities
in India, the Indian
people formed a composite whole racially,
and hence the concept of ethnic
minorities
and ethnic majority
did not apply.
All human and fundamental
rights and mechanisms for redress were equally available
to minorities,
which
also enjoyed a specific
constitutional
right to establish and administer
educational
institutions.
The Minorities
Commission had been set up in 1978
to safeguard the interests
of minorities
and to review the implementation of
constitutional
safeguards for different
minority groups.
In addition,
a
Special Officer
for Linguistic
Minorities
had been appointed and a Minorities
Cell had been set up. The Minorities
Cell ensured fuller
participation
by
minorities
in all aspects of national
life,
through coordinating
and
monitoring the implementation of a 15-point programme aimed, inter U,
at
preventing communal violence,
promoting communal harmony and giving minorities
special consideration
in recruitment
to services such as the stats and central
police forces.
301.
306. Members of the Committee expressed their thanks to the representatives
of
the State party for their cooperation in presenting the second periodic report
of India and for having engaged in a fruitful
and constructive
dialogue with
the Committee.
Although the report had been drafted in conformity with the
Committee’s guidelines
regarding the form and contents of reports from States
parties under article
40 of the Covenant, it failed to refer to practice
and
the specific
implementation of legislative
provisions
and, in that respect,
was deficient.
Satisfaction
was expressed over the improvements that had
occurred since the consideration
of the initial
report of India, including,
in
particular,
the legislation
recently
enacted to prohibit
the practice
of eati,
the measures
taken to prevent “dowry deaths”, the efforts
made on behalf of
the scheduled castes and tribes,
the role of the Supreme Court in upholding
provisions
of the Covenant that were not contained in the Indian Constitution,
and the new provisions
on lsgal aid.
309. At the same time, the consideration
of the second periodic report had
also highlighted
some of the difficulties
India had faced in implementing the
Covenant, partly as a rasult of the country’s
size, economic problems and
demographic composition, and the concerns expressed by members of the
Committee had not been entirely
allayed.
Furthermore, the reservations
entered by the Government and the fact that the provisions
of the Covenant had
not been fully
incorporated
in the Constitution
tended to make it difficult
to
identify
clearly
the extent to which the Covenant was actually
implemented in
India.
In that connection, members pointed out that rights,
other than those
limited by a specific
limitation
clause in the Covenant, could only be
restricted
by means of a formal derogation under article
4 of the Covenant:
and that several provisions
of the Armed Forces (§pecial Powers) Act, the
National Security
(Amendment) Act, and the Terrorist
and Disruptive
Activities
(Prevention)
Act seemed to be incompatible with articles
6, 9 and 14 of the
Covenant.
310. Concerns were also expressed with respect to a number of issues such as
the implementation of the Covenant in “disturbed”
areas; arbitrary
killings
and arrests in fiome statest police excesses and the mistreatment of detainees)
the failure
to bring proceedings against police offenders:
the system of
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