UNCERD India Review: Racial Discrimination, Hate Speech & Crimes

Subject: GS 2: Polity & Governance

Context: The United Nations Committee on the Elimination of Racial Discrimination (UNCERD), during its 11th periodic review of India, raised concerns over alleged racial discrimination, hate speech and hate crimes against vulnerable groups.

• India rejected the findings, citing sweeping generalisations and concerns over the Committee exceeding its mandate.

UPSC Online Preparation

Key Concerns Raised by UNCERD

• Vulnerable Communities: Concerns were expressed regarding alleged violations affecting Scheduled Tribes, Scheduled Castes, Dalits, Rohingya, Bengali-speaking Muslims, migrants and asylum-seekers.
• Law Enforcement: The Committee referred to allegations of excessive use of force, extrajudicial killings, arbitrary detention, torture, ill-treatment and sexual violence.
• Racial Profiling: It raised concerns regarding identity checks and law-enforcement operations allegedly resulting in arbitrary arrest and detention without due process.
• Accountability: It called for prompt, thorough and impartial investigations into alleged violations and accountability of those responsible.
• Non-Refoulement: It urged India to protect persons requiring international protection and refrain from collective expulsions and forcible returns inconsistent with the principle of non-refoulement.

About Hate Speech and Hate Crimes

• Hate Speech: It refers to expression that targets or demeans individuals or groups based on characteristics such as religion, race, ethnicity, caste, language or community, and may promote hatred, hostility, discrimination or violence.
  • It can undermine human dignity, equality and social harmony, particularly when amplified through digital platforms.
  • Challenge: Regulation must distinguish between genuinely harmful expression and legitimate criticism, dissent, and freedom of expression.
• Hate Crime: It is a criminal act committed with a bias or discriminatory motive against a person or group because of their identity.
  • It may involve assault, intimidation, violence, property damage or other offences.
  • Thus, while hate speech concerns discriminatory expression, a hate crime involves a criminal act with a discriminatory motive.

Hate Speech vs Hate Crime

Legal Framework in India

• India does not have a single comprehensive law defining hate speech or hate crime. During its review, UNCERD also noted the absence of a single comprehensive law specifically defining or regulating hate speech.
• Bharatiya Nyaya Sanhita, 2023: Section 196 addresses promotion of enmity between groups on grounds including religion, race, place of birth, residence, language, caste or community.
• Bharatiya Nyaya Sanhita, 2023: Section 299 addresses deliberate and malicious acts intended to outrage religious feelings.
• Information Technology Act, 2000: Certain online communications may attract provisions relating to unlawful or threatening content, subject to the applicable legal framework.

About United Nations Committee on the Elimination of Racial Discrimination (UNCERD)

• It is an independent United Nations treaty body that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
• Establishment: Created under ICERD, 1965, which entered into force in 1969.
• Composition: Consists of 18 independent experts elected by States Parties, serving in their personal capacity.
• Mandate: Monitors State efforts to eliminate racial discrimination, racism and related inequalities.
• Periodic Review: Examines State reports and issues concluding observations and recommendations on compliance with ICERD.
• India: India ratified ICERD in 1968 and is subject to its reporting and review mechanism; UNCERD’s recommendations are not equivalent to binding court judgments.

Click to Know UPSC OnlyIAS Coaching Centres

Check Out UPSC CSE Books

Visit PW Store