UN panel flags deep concerns over India's treatment of minorities, Dalits

The United Nations Committee on the Elimination of Racial Discrimination (CERD) has completed its first review of India since 2007, expressing grave concern over reports of violence by law enforcement against minority ethnic and ethno-religious groups, Dalits, and non-citizens. The Committee noted that India, a signatory to the convention since 1968, has not provided detailed updates on inquiries or sanctions related to such allegations.

India has argued that caste-based discrimination falls outside the convention's scope since caste is not synonymous with race. However, CERD maintains that discrimination based on inherited status is covered under its mandate. The Committee's concerns extend to several areas: manual scavenging despite legal bans, hate speech and poor living conditions faced by Rohingya Muslims, mass citizenship deprivation through the National Register of Citizens, and large-scale deletions from electoral rolls during Special Intensive Revisions.

The review also flagged the government's use of laws like FCRA, UAPA, AFSPA, and PMLA to hamper civil society work. The new Bharatiya Nyaya Sanhita does not expressly criminalise racist hate speech, and the Forest (Conservation) Amendment Act exempts national security projects from consultative processes.

A significant issue raised is the lack of disaggregated data on disenfranchised communities. Delayed Census operations and slow release of NCRB data impede independent verification of India's claims on fighting discrimination. India continues to implement special measures based on 2011 Census data, which may mask regressions in the socioeconomic status of Scheduled Tribes and Adivasis.

With the National Human Rights Commission facing a recommended downgrade by the Global Alliance of National Human Rights Institutions, CERD's review fills an accountability vacuum. The Committee's recommendations include restoring NHRC independence, criminalising hate speech, collecting disaggregated data, and ensuring transparent electoral roll revisions. As the government seeks to treat these matters as domestic issues, civil society's role in multilateral forums becomes increasingly critical.