State of exception: On India, the UN CERD report

Polity & International Relations · 31 August 2026 · Based on The Hindu (original report)

2-minute summary

The UN Committee on the Elimination of Racial Discrimination (CERD) has issued a review of India—its first since 2007—expressing 'grave concern' over systemic discrimination and violence against minority ethnic groups, Dalits, and non-citizens. While India ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in 1968, it has long maintained that caste-based discrimination does not fall under 'race' as defined in Article 1 of the convention. However, CERD interprets 'descent' to encompass inherited status, including caste. The committee highlighted several critical issues, including the ongoing practice of manual scavenging, hate speech, the refoulement of Rohingya refugees, citizenship deprivation via the National Register of Citizens (NRC), and the use of security laws (UAPA, AFSPA, PMLA, FCRA) to restrict civil society. Additionally, the delay in conducting the Census and releasing NCRB data has hindered independent assessments of socio-economic progress. These concerns coincide with recommendations by the Global Alliance of National Human Rights Institutions (GANHRI) to downgrade the National Human Rights Commission (NHRC) of India due to structural deficiencies.

Why it's in the news

The UN Committee on the Elimination of Racial Discrimination (CERD) published its periodic review of India on August 31, 2026, marking the first such evaluation of the country's compliance with the ICERD since 2007.

Background and context

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was adopted by the UN General Assembly in 1965 and ratified by India in 1968. A persistent point of contention between India and the UN treaty body is the definition of 'race'. India has consistently argued that caste-based discrimination is a unique socio-cultural phenomenon of descent and does not equate to 'racial discrimination' under Article 1 of the Convention, viewing international scrutiny on caste as an intrusion into domestic affairs. Conversely, CERD and various international human rights bodies argue that 'descent' explicitly covers caste-based discrimination. This debate is set against the backdrop of domestic challenges, including the delayed 2021 Census, rising scrutiny over the independence of the National Human Rights Commission (NHRC), and the tightening of regulatory frameworks governing non-governmental organizations (NGOs) via the Foreign Contribution (Regulation) Act (FCRA).

Constitutional provisions

• Article 14 — Guarantees equality before the law and equal protection of the laws within the territory of India.
• Article 15 — Prohibits discrimination by the State against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
• Article 17 — Abolishes 'Untouchability' and forbids its practice in any form, providing the constitutional basis for fighting caste-based discrimination.
• Article 21 — Protects life and personal liberty, which the Supreme Court has interpreted to include the right to live with human dignity, free from manual scavenging and systemic violence.

Committees and reports

• UN Committee on the Elimination of Racial Discrimination (CERD) Concluding Observations — Highlights concerns regarding violence against minorities, manual scavenging, hate speech, and the misuse of security laws to restrict civil society.
• Global Alliance of National Human Rights Institutions (GANHRI) Accreditation Report — Recommended the downgrade of India's NHRC status from 'A' to 'B' due to concerns over political interference, lack of pluralism, and the appointment of police officers to investigative roles.

Government schemes

• NAMASTE Scheme (National Action for Mechanised Sanitation Ecosystem) — Joint initiative aiming to eradicate unsafe manual sewer cleaning and rehabilitate sanitation workers, directly addressing the manual scavenging concerns raised by CERD.

International organisations

• UN Committee on the Elimination of Racial Discrimination (CERD) — The body of independent experts that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination by its State parties.
• Global Alliance of National Human Rights Institutions (GANHRI) — The global network of national human rights institutions (NHRIs) which coordinates the accreditation of NHRIs in compliance with the Paris Principles.

Previous UPSC questions on this theme

• Mains GS-2 2021 — Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.
• Mains GS-1 2020 — Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations.

Mains practice: The independence and pluralism of National Human Rights Institutions (NHRIs) are vital for democratic accountability. In light of recent international assessments, evaluate the structural and functional challenges faced by the National Human Rights Commission (NHRC) of India.

The National Human Rights Commission (NHRC) of India, established under the Protection of Human Rights Act (PHRA), 1993, serves as the premier watchdog for human rights protection. However, recent scrutiny by the Global Alliance of National Human Rights Institutions (GANHRI) and the UN CERD has highlighted structural and functional deficits that threaten its international 'A' status accreditation.

**Structural Challenges:**

• **Lack of Pluralism and Diversity:** GANHRI guidelines (Paris Principles) mandate diverse representation. The NHRC has faced criticism for inadequate representation of civil society, women, and marginalized groups (such as Dalits and minorities) in its core decision-making bodies.

• **Executive Influence in Appointments:** The selection committee is heavily weighted toward the ruling political executive, leading to concerns about the political neutrality of appointees.

• **Conflict of Interest in Investigations:** The practice of appointing active or retired police officers to lead the commission's investigative division creates a conflict of interest, particularly when investigating allegations of custodial violence and state-sponsored excesses.

**Functional Challenges:**

• **Recommendatory Powers:** The NHRC's findings are advisory. It lacks the power to enforce its decisions or directly penalize violators, earning it the moniker of a 'toothless tiger'.

• **Armed Forces Exemption:** Under Section 19 of the PHRA, the NHRC cannot directly investigate human rights violations by the armed forces; it can only seek reports from the Central Government, severely limiting its oversight in conflict zones where AFSPA is active.

• **Resource and Data Constraints:** The commission is heavily dependent on government funding and state machinery for investigations. Delays in national data collection, such as the Census and NCRB reports, further impede evidence-based monitoring of human rights violations.

**Conclusion:**

To restore institutional credibility, India must reform the PHRA to ensure a more transparent, pluralistic selection process, establish an independent investigative cadre separate from the police force, and grant the commission greater financial and binding enforcement powers in line with the Paris Principles.

Prelims practice questions

Q1. With reference to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), consider the following statements: 1. India ratified the convention in 1968. 2. India officially maintains that caste-based discrimination is synonymous with racial discrimination under Article 1 of the convention. 3. The Committee on the Elimination of Racial Discrimination (CERD) is a UN treaty body consisting of independent experts. Which of the statements given above are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 2 and 3 only
4. 1, 2 and 3

Answer: B. Statement 1 is correct; India ratified ICERD in 1968. Statement 2 is incorrect; India has consistently argued before CERD that caste bias falls outside Article 1 of the convention because caste is not synonymous with race. Statement 3 is correct; CERD is the UN treaty body of independent experts that monitors the implementation of the convention.

Q2. The 'Paris Principles', often seen in the news, are associated with which of the following?

1. International protocols for the protection of wet-land ecosystems
2. Standards for the status and functioning of national human rights institutions
3. Frameworks for cross-border digital taxation
4. Global guidelines for reducing carbon emissions in urban areas

Answer: B. The Paris Principles (Principles Relating to the Status of National Institutions) were defined in 1991 and adopted by the UN General Assembly in 1993. They establish the international standards that national human rights institutions (like India's NHRC) must meet to be considered credible and independent.

Q3. Consider the following statements regarding the Global Alliance of National Human Rights Institutions (GANHRI): 1. It is responsible for accrediting National Human Rights Institutions (NHRIs) in compliance with the Paris Principles. 2. A downgrade from 'A' to 'B' status deprives an NHRI of its ability to vote in the UN Human Rights Council. Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: C. Both statements are correct. GANHRI is the global body that accredits NHRIs. An 'A' status indicates full compliance with the Paris Principles, allowing participation in UN human rights mechanisms. A downgrade to 'B' status signifies partial compliance, resulting in the loss of voting rights and the ability to hold office in GANHRI, as well as reduced participation rights in the UN Human Rights Council.

Revision flashcards

• What is the core disagreement between India and UN CERD regarding the definition of 'race'? India argues caste is not synonymous with race under Article 1 of ICERD; CERD interprets 'descent' to include inherited status, thereby covering caste-based discrimination.
• When did India ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)? India ratified the ICERD in 1968.
• What are the 'Paris Principles' in the context of human rights? A set of international standards adopted by the UN in 1993 that frame the independence, pluralism, mandate, and resources of National Human Rights Institutions (NHRIs).
• Why did GANHRI recommend downgrading India's NHRC accreditation status? Due to concerns over a lack of pluralism, political interference in appointments, and the involvement of police officers in human rights investigations.
• Which security and regulatory laws were specifically cited by the UN CERD as tools that hamper civil society in India? The Foreign Contribution (Regulation) Act (FCRA), Unlawful Activities (Prevention) Act (UAPA), Armed Forces (Special Powers) Act (AFSPA), and Prevention of Money Laundering Act (PMLA).