Conclusion

The violations outlined above mirror recently published data on India’s human rights performance, that report ‘bad’ showing on Protection from State, including on extrajudicial killings, forced disappearance and torture, and ‘very bad’ on Empowerment, particularly right to opinion and expression and to assembly and association, overall. On Quality of Life too, India performs ‘very bad’, on food and work, especially. HRMI research pointed to People with ‘particular religious beliefs and practices’ being among those highest at risk.  

As such, these findings are contravention of India’s obligations under international law, including ICCPR, ICESCR, CRC and CEDAW.  They also breach India’s commitment to Responsibility to Protect, wherein, along with other states, India has committed that “each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and

crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement….”  Data from the period under review, provides further evidence of the pattern entrenching now of authorities violating these commitments. They prove that authorities have little respect for human rights and its promotion, and that they often resort to reprisals against victims of violence and HRDs. Together with the evidence of lack of equal access to justice and judicial redress for minorities, these have strengthened impunity, including in the most serious abuses against minorities. There is also ample evidence of the poor showing of authorities on “effective management and encouragement of diversity through the principle of non-discrimination and the equal enjoyment of rights”, rather a continuing mobilisation of identity-based politics, that breeds intolerance, bigotry and exclusion against minorities, undermining the very essence of Responsibility to Protect.