India submits periodic report under article 40 of ICCPR

India has submitted its periodic report under article 40 International Covenant on Civil and Political Rights (ICCPR).  National security legislations, for instance, the Armed Forces (Special Powers) Act,  1958 (AFSPA), the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (AFSPA J&K), the National Security Act, 1980, the Unlawful Activities (Prevention) Act, 1967  (UAPA) and the Jammu and Kashmir Public Safety Act, 1978 (J&K PSA) were passed to  protect the sovereignty of India and ensure security of its citizens, the report mentioned.

Under these statutes, armed  forces and security personnel are bestowed with powers for the maintenance of public order  and prevention of acts prejudicial to the defence and security of India. Government of India  remains committed to dealing with law and order and security situations with minimum use  of force, in accordance with principles of legal certainty, necessity and proportionality, and  after due consideration of various factors including ground realities, it said. The report said India continues to be a victim of terrorism. This has, over the years, necessitated  certain specific measures like the Terrorist and Disruptive Activities (Prevention) Act, 1987  (TADA), the Prevention of Terrorism Act, 2002 (POTA) to ensure security of its citizens. The constitutional validity of these legislations was upheld by the Supreme Court of India in Kartar Singh v. State of Punjab and People’s Union for Civil Liberties and Another v. Union  of India, India further mentioned in the report.