India - Universal Periodic Review

Session reviewed: 41st session of the Universal Periodic Review
Date reviewed: November 10, 2022

Recommendation

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Canada welcomes the steps taken by India to improve economic and social rights for all, including women and girls, by implementing development schemes benefitting them and adopting legislation to enhance and protect their rights.

Canada recommends that India: 

1. Advance the rights of women and girls by improving the enforcement of laws regarding all forms of sexual violence, investigating all acts of sexual violence, providing training to law enforcement officials on effective interventions and expanding the definition of rape and sexual assault to include marital rape. 
2. Protect freedom of religion by investigating all cases of religious violence and discrimination on religious grounds, including against Muslims, systematically and publicly condemning these cases and sensitizing the public regarding religious tolerance;  
3. Strengthen media freedom by ensuring that all legislation, including the Unlawful Activities Prevention Act, is compliant with India’s international legal obligations under human rights law. 
4. Address violence and discrimination directed towards persons based on their sexual orientation and gender identity, including through training and sensitization programs for police and judiciary.

Canada continues to advocate for India to protect the individual and socio-economic rights of all gender minorities and ensure their non-discrimination within society. We also commend the Supreme Court of India’s recent ruling that widens the definition of family to ensure that benefits are extended to blended families, same sex couples and other households.

As recommended during India’s last UPRs, Canada recommends that India enact legislation protecting the rights of transgender persons in a manner that is consistent with the Indian Supreme’ Court’s recent ruling, including the right to self-identification.