In August 2019, the Government of India decided to form a task force consisting of 10–20 members to prepare a National Action Plan on Human Rights (NAPHR) as mandated under the UN Human Rights Council’s (UNHRC) Universal Periodic Review (UPR) to improve India’s human rights record after examining the plans of other countries to prepare its final draft. The first draft of the NAPHR got ready by the end of November 2019. Once implemented, the plan would hopefully work to create a system of stronger administration of justice, strengthen human rights institution, and link rights with development.
The task force consists of the Union home minister, the National Human Rights Commission (NHRC), and representatives from ministries such as social justice and health. Civil society organisations will also be consulted as part of the process at a later stage.
Universal Periodic Review
Universal Periodic Review (UPR) is a state-driven process under the aegis of UNHRC and provides opportunities to member states to declare the actions, taken to improve human rights and to fulfil their obligations.
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Review Cycle: Timeline
A review cycle lasts four-and-half years, during which records of member states are reviewed. The first cycle began in 2008 and lasted until 2011; second cycle from 2012 to 2016 while the third one is currently underway since 2017 and will last in 2021. Thereafter, the fourth UPR would begin in May 2022.
In the third UPR of UN in 2017, India accepted 152 out of 250 recommendations on human rights, most of them pertaining to sustainable development goals related to poverty elimination, access to safe drinking water, sanitation, and improving protection for women and children.
India, however, refused to accept some recommendations, including those related to the Armed Forces Special Powers Act (AFSPA) and the Foreign Contribution Regulation Act (FCRA).
In UPR-1 and UPR-3, the UN recommended that India should have NAPHR covering issues such as the rights to health, education, food security, and housing, aspects related to custodial justice; and measures against the trafficking of women and children.
UN Human Rights Council
An inter-governmental body, constituted on March 15, 2006, by the United Nations, the council works to strengthen the promotion and protection of human rights globally. It also handles human rights violations and makes recommendations on them. The council has replaced the United Nations Commission on Human Rights and meets at the UN office at Geneva.
The NHRC celebrated its 26th Foundation Day on October 12, 2019 in a function in New Delhi. Addressing the gathering as the Chief Guest, the Minister of Home Affairs, Amit Shah, lauded the efforts of the commission towards building awareness for the promotion and protection of human rights. He reiterated Modi government’s continued resolve to work for the promotion and protection of human rights of all by ensuring basic amenities to them. He said that all the stakeholders, including the government, civil society, NGOs, and NHRC, should work and promote the concept of ‘sabka saath sabka vikas’ to protect human rights.
Criticism of the Plan
Colin Golsalves, a lawyer and human rights law network founder, criticises this move of the government saying that the plan would serve no purpose because there are hundreds of Supreme Court judgements and the constitution, which talk of human rights, but the government does not follow them.
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