Introduction - Rashi

Ladies and Gentlemen,

It is an absolute honor for me to address this esteemed gathering today, as we come together to
discuss and examine the right to health in the Universal Periodic Review for India. I stand before
you as Henri Triphagne, the Executive Director of People's Watch, a not-for-profit and
independent organization dedicated to promoting a society free of human discrimination and
injustice.
People's Watch, a member of the Working Group on Human Rights in India and the UN, has
been actively engaged in the UPR processes at the national level since 2008. Today, on behalf of
People's Watch, I bring to your attention certain critical issues that deserve the unwavering
attention and decisive action of this audience.

In this statement, I will shed light on two interconnected issues: impunity and human rights
violations by security forces and police, as well as the performance of the National Human
Rights Commission of India (NHRCI) during the reporting period.

During the previous UPR cycle, India supported thirteen out of twenty-one recommendations it
received, including the ratification of the Convention against Torture, Inhuman or Degrading
Treatment or Punishment. However, India has not taken adequate action to fulfill its
commitments. Throughout the reporting period, there have been numerous allegations of
custodial violence and extrajudicial killings by police and security forces.

According to data shared by the Ministry of Home Affairs (MHA), the NHRCI recorded a
staggering 9,009 cases of judicial deaths across the country from 2017 to February 2022.
Additionally, the number of police custody death cases reported to the NHRCI during the same
period stood at 6,493.
Regrettably, in the last five years, disciplinary action has been taken in a mere 21 cases of
custodial deaths. This low figure demonstrates a failure to ensure accountability for such grave
violations. Moreover, the government has not effectively implemented the police reforms
directed by the Supreme Court in 2006, further exacerbating the issue of impunity.

The broad powers and immunity granted to public servants and security forces under Section 197
of the Criminal Procedure Code and the Armed Forces (Special Powers) Act (AFSPA) continue
to pose significant challenges. Currently active in four northeastern states and Jammu &
Kashmir, the AFSPA undermines accountability and human rights safeguards. It is imperative
that we address these pressing concerns in order to safeguard the right to health and well-being
of all individuals in India. Achieving this requires comprehensive and meaningful actions, such
as ratifying the Convention against Torture, implementing police reforms, and reconsidering the
provisions of Section 197 and AFSPA.
Convention Against Torture - Manvi

I would like to commence by citing the wise words of Nelson Mandela, who rightly said that no
one can truly know a nation until one has been inside its jails and moreover, a nation should not
be judged by how it treats its highest citizens but its lowest ones. As we all are aware, the
Convention against Torture stands as the most important international human rights treaty that
deals exclusively with torture. This treaty forbids any form of inhuman or degrading treatment or
punishment under all circumstances.
In 2017, the international community welcomed India's decision to ratify the Convention during
the third periodic review. However, India had merely signed the document without subsequent
affirmation at the state level, thus rendering it non-binding. It is disheartening to observe that
India had made a similar commitment during the earlier second periodic review in 2012, only to
disregard it before the ink had even dried.

The right to be free from torture is fundamentally rooted in the affirmation of the Right to Life
under Article 21 of the Indian Constitution. According to the National Human Rights
Commission (NHRC), incidents of violence and torture within prisons and jails are alarmingly
prevalent. In the year 2021-2022 alone, the NHRC recorded a total of 2,154 cases concerning
deaths of individuals in judicial custody and 155 cases pertaining to deaths in police custody. It is
crucial to note that these figures solely represent reported instances. During the same week as the
global observance of the International Day in Support of Victims of Torture in June 2020, a
tragic incident occurred in Tamil Nadu where a father and son, who had kept their shop open
during COVID-19 curfew hours, tragically lost their lives while in custody, due to torture
inflicted by the district police.
While there are some safeguards against torture in Indian law, they are seldom taken seriously
and enforced. For instance, section 54 of Code of Criminal Procedure (CrPC) extends safeguard
against any infliction of custodial torture and violence by providing for examination of arrested
person by medical officer and section 176 of the Code provides for compulsory magisterial
inquiry on the death of the accused in police custody. Therefore, there is a need to ratify the CAT
that provides a specific and a robust legal framework catering to condemnation of torture by
public officials.
It is imperative to understand that torture can never be justified under any circumstances,
whether it be during times of war, insurgency, public emergency, or under orders from superiors.
Our Constitution, laws, and the pronouncements of the Supreme Court in landmark cases such as
DK Basu vs. State of West Bengal and Sunil Batra v Delhi administration explicitly prohibit the
practice of torture.
Violation of rights and arrests during protests - Adarsh

The situation in India regarding human rights violations is alarming, with an increasing
suppression of free speech rights and the targeting of activists, protesters, and marginalized
communities. The government's nationalist agenda appears to be prioritized over upholding
human rights standards. Urgent action is needed to address these issues, including safeguarding
the independence of institutions, ensuring fair treatment of protesters and activists, and
promoting accountability for human rights abuses.

Peaceful activists protesting against discriminatory citizenship policies, already face politically
motivated charges. Anti-CAA protests: Over 1,100 people are under arrest and 5,558 kept in
preventive detention following violence related to protests. Arrest Procedures and Treatment of
Detainees In cases other than those involving security risks, terrorism, police may detain an
individual without charge for up to 30 days, although an arrested person must be brought before
a judge within 24 hours of arrest. Lengthy arbitrary detention remained a significant problem due
to overburdened and under resourced court systems and a lack of legal safeguards.

Now farmers, who were peacefully protesting since November, faced criticism for opposing
controversial new farm laws. Authorities made baseless claims against activists of incitement.
Union Minister of State for Home Nityanand Rai said that according to the Delhi Police,
provisions of sedition or any anti-terror law such as the UAPA have not been invoked in any of
the cases registered against the protesting farmers. Replying to a written question, he said, “183
people have been arrested by the Delhi Police in connection with the farmers’ protests since
2020 (up to July 20, 2021).”

Independent institutions including investigators, prosecutors, and the courts, which should be
impartially defending rights, are instead protecting government supporters and targeting its
critics. Refrain from appointing retired bureaucrats, security officials and members of
organisations associated with political parties in power as Members or even deemed Members of
the NHRCI. • End the practice of only deputing police officers to NHRCI’s Investigation
Division, and refrain them alone from conducting investigations in circumstances where the
alleged perpetrators are the police.

The government announced that it was altering the special constitutional status of the state of
Jammu and Kashmir. Before making the announcement, the government detained political
leaders, imposed restrictions on freedom of movement, banned public meetings. It also shut
down the internet, phone services, and educational institutions. The government should take all
necessary steps to ensure that security forces act with restraint. The Govt. denied the existence of
protests against the abrogation of Art. 370, despite the existence eye-witness testimonies. Over
3,000 persons were detained on grounds of law and order, including at least 100 minors. The
challenge to the constitutionality of the abrogation of Articles 370 and 35A of the Constitution
remains pending before the Supreme Court of India.

“The government has a responsibility to ensure security in Kashmir, but that means respecting
the human rights of everyone, including protesters.
· Journalists in India continue to face perils of physical attacks including assassination,
harassment, criminal prosecution and threats of legal action, smear campaigns, and
threats on social media.
· Journalists were subjected to criminal action for their reportage on the mismanagement
of the COVID crisis, pan-India protests against the enactment of the Citizenship
Amendment Act (CAA) and amendments to the farm laws.
· Women journalists faced rape threats and online attacks.
· Reporters Sans Frontiers placed India at 142nd rank(out of 180 countries) in its 2021
World Press Freedom Index.
· As per CP reports, 16 journalists were killed in India between 2017 and [Link]
to a report released by the think-tank Rights and Risks Analysis Group (RAG), at least
55 journalists and editors were arrested or booked for reporting on the COVID-19
lockdown between March 25, 2020, and May 31, 2020.
· In Kashmir, there has been a serious crackdown on press freedom.
The situation in India regarding human rights violations is alarming, with an increasing
suppression of free speech rights and the targeting of activists, protesters, and marginalized
communities. The government's nationalist agenda appears to be prioritized over upholding
human rights standards. Urgent action is needed to address these issues, including safeguarding
the independence of institutions, ensuring fair treatment of protesters and activists, and
promoting accountability for human rights abuses.
Conclusion: Prakriti

It can be concluded from the facts mentioned above that Henri Tiphagne is a very dedicated and
steadfast supporter of the values upheld by the Universal Decleration of Human Rights. He is
like a beacon of hope for people whose rights have been violated. His organisation, People's
Watch, has devoted countless hours to defending the rights of vulnerable and marginalised
communities. By ensuring that their views are heard and their rights are upheld. Many
communities and individuals have been empowered by Tiphagne's legal knowledge and
unshakable commitment.

Tiphagne's advocacy efforts and campaigns have brought attention to a variety of human rights
concerns. He has taken the lead on pressing issues relating to human rights, such as the defence
of gender equality, the defence of children's rights, and the fight against torture. His never-ending
efforts have increased awareness and motivated others to fight for justice.

Tiphagne has rightfully received honours and praise for his outstanding contributions.
International awards and recognition from respected institutions have come from his unwavering
pursuit of justice. Such acknowledgment is evidence of the importance of his work and the
influence it has had on countless people's lives. As it is rightly said, “Actions speaks louder than
words.” Tiphagne tries to reach out to as many people as he can through his actions and words.
(International award: Amnesty International Germany. First Indian to get this award)

But let's not overlook the difficulties and dangers that Tiphagne has experienced. He has become
the victim of intimidation and harassment because of his brave stand against human rights
abuses. Despite these difficulties, he is unwavering in his dedication to defending human rights,
unfazed by the dangers involved. His unyielding resolve serves as a reminder that the fight for
human rights necessitates bravery, tenacity, and an unflinching faith in the fundamental dignity
of every person. (May 30th 2008, police officers outside PTT {People’s tribunal on tourture}
arrested the jury without proper procedures. Injuries.)

In conclusion, we should all be motivated by Henri Tiphagne's extraordinary journey. It

emphasises the value of human rights advocacy, the effectiveness of legal actions, and the
influence that one person can have when they fight for justice. Let's continue to work in the spirit
of Henri Tiphagne and do our best to uphold and advance human rights in our individual
abilities.

Never forget that we can only genuinely establish a world where every person's rights are
acknowledged, safeguarded, and fulfilled via our collaborative efforts. Every voice matters, no
matter hoe big or small.
Thank you.