46 i REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS Of HUMAN RIGHTS
Ducraux, Regional Delegate, International Committee of the Red Cross requesting the
Commission to facilitate, if possible, the accession of India to the 1977 Protocols to the
Geneva Conventions of 1949. The Commission considered this matter in a meeting
held on 19 September 2000 and decided, in the first instance, to seek the views of the
Ministry of External Affairs on this matter. As of the end of the reporting period, there
had been no response from that Ministry, despite reminders. The Commission thus
urges the Ministry of External Affairs to examine this issue expeditiously and to offer
Its comments to the Commission at an early date.
3)
Convention Against Torture
4.21 The Commission continued to press the Government of India to ratify the
Convention against Torture and Other Forms of Cruel, Inhuman and Degrading
Punishment or Treatment, which was signed by India on 14 October 1997 on the
recommendation of the Commission. It has been a matter of great disappointment to
the Commission that the process of ratification has been inordinately delayed and
that this delay has sent an ambiguous message regarding the commitment of the
Government to respect the provisions of this Convention, despite the fact that Article
21 of the Constitution already covers this area effectively. As observed by the
Commission earlier, the Right against Torture has been judicially recognised by the
Apex Court as a Fundamental Right, making that right and the corresponding
obligation of the State and its agencies a fundamental entrenched right.
4.22 The Commission has been informed that the Principal Secretary to the Prime
Minister held an inter-ministerial meeting on this question in July 2000 and gave
directions to expedite work relating to the amendment of existing legislation so as to
facilitate the process of ratification. Reportedly, the matter is engaging the attention of
the Ministry of Home Affairs and the Ministry of Law and Justice. Given the frequent
assurances that it has received fi-om the highest levels of Government that the delay
has occurred only for procedural reasons, and not for any reasons of substance, the
Commission once again urges the Government to fulfil its promise of ratification and
,to do so without further loss of time.
4)
Convention and Protocol on the Status of Refugees
4.23 The efforts of the Commission to encourage the Government of India to
NATIONAL HUMAN RIGHTS COMMISSION