On 25 August 2026, the United Nations Committee on the Elimination of Racial Discrimination (CERD) released its Concluding Observations regarding India. This review followed the examination of the country’s combined 20th and 21st periodic reports on the implementation of the International Convention on the Elimination of Racial Discrimination (ICERD). The formal review process took place in Geneva on 11 and 12 August 2026.
Gaps in Legislative Framework
The Committee highlighted significant deficiencies in India’s legal structure concerning racial discrimination. CERD noted the absence of a comprehensive definition of racial discrimination within national law. Furthermore, the body expressed concern that the current framework fails to explicitly criminalize all acts of racist hate speech and hate crimes. These findings reflected information presented by the International Federation for Human Rights (FIDH) and partner organizations through joint reports submitted during the review process.
CERD reported receiving accounts of widespread racial discrimination, including hate crimes and hate speech, some of which were attributed to politicians. Consequently, the Committee called on the Indian government to review its legislative framework to address these gaps. It urged authorities to take effective measures to increase accountability for perpetrators of hate speech and hate crimes.
Violations Against Vulnerable Groups
The Committee stated it was “gravely concerned” by reports of widespread human rights violations targeting ethnic and ethno-religious groups, Indigenous and Tribal Peoples, and non-citizens. Specific abuses cited included extrajudicial killings, arbitrary detentions, torture, and sexual violence. CERD mandated that Indian authorities ensure that those responsible for such violations are prosecuted and held accountable.
Particular attention was directed toward the situation of Dalits, Indigenous and Tribal Peoples, nomadic and semi-nomadic tribes, domestic workers, migrants, and asylum seekers. The Committee voiced specific concerns regarding the deportation and forcible returns of Rohingya asylum seekers. It also condemned the use of hate speech by politicians and public figures targeting Rohingya individuals and Bengali-speaking Muslims.
Restrictions on Civic Space and Other Rights
CERD raised alarms over the utilization of laws such as the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), the Armed Forces (Special Powers) Act (AFSPA), and the Prevention of Money Laundering Act (PMLA). The Committee observed that these statutes are being used to stifle freedom of expression and association, effectively silencing human rights defenders, particularly those advocating for minority rights. Authorities were recommended to review these laws to ensure an enabling environment for civil society.
Additional recommendations addressed the right to freedom of thought, conscience, and religion, as well as the right to health. The Committee also provided guidance concerning the National Register of Citizens and the Citizenship Amendment Act. FIDH welcomed these findings and is urging Indian authorities to implement the recommendations without delay.
This report was produced by the HuMedia newsroom.
