REVIEW OF LAWS, IMPLEMENTATION OF
TREATIES & OTHER INTERNATIONAL
INSTRUMENTS ON HUMAN RIGHTS
Chapter - 12
Convention Relating to the Status of Refugees, 1951 and the1967 Protocol
12.1 The views of NHRC-India on the protection of the rights of refugees have been mentioned
in detail in its earlier Annual Reports. It has advocated for the ratification of the Convention
relating to the Status of Refugees, 1951 and the 1967 Protocol thereto and the enactment of a
national law in this regard.
12.2 During the period under report, it engaged the concerned Ministries towards the
enactment of a national law on refugee protection. Based on detailed exchange of views with
highest echelons of the Government, the Commission asked the Ministry of Home Affairs and
the Ministry of External Affairs to formulate necessary proposals and send them to the
Commission at the earliest. At the time of writing this report, their response was still awaited.
Convention Against Torture, Inhuman, Degrading Treatment or Punishment, 1984
12.3 The Commission has been advocating for the ratification of the Convention Against
Torture for the past several years. Pursuant to its efforts, India signed the Convention Against
Torture in 1997. Deeply concerned about delay in ratification, the Commission commented on
it in earlier Annual Reports thus urging the Government to expedite ratifying the same. The
prohibition of torture is part of domestic law of the country and therefore its ratification would
only serve to strengthen this prohibition.
12.4 As mentioned in the last Annual Report, the Commission had conveyed its comments
on the Bill for ratification concerning the Convention Against Torture to the Ministry of Home
Affairs. On following upon Ministry of Home Affairs reply in August 2007 that the comments
of the Commission and other ministries/agencies have been sent to the Ministry of External
Affairs, the NHRC took up the matter with the concerned Ministry. The Ministry of External
Affairs informed the Commission that their comments have been sent to the Ministry of Home
Affairs vide letter dated 7 September 2007. The Commission is following-up the matter with the
Ministry of Home Affairs to know the status of ratification of Convention Against Torture.
12.5 The Supreme Court has already issued a number of orders in this regard. Torture has
been criminalized in the Indian Penal Code and other legislations. The NHRC has been
recommending immediate interim relief in instances where torture has been established. In the
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