i Commonwealth Human Rights Initiative The Commonwealth Human Rights Initiative (CHRI) is an independent, non-profit, non-partisan, international non-governmental organisation, working for the practical realisation of human rights in the countries of the Commonwealth. In 1987, several Commonwealth professional associations founded CHRI, with the conviction that there was little focus on the issues of human rights within the Commonwealth although the organisation provided member countries a shared set of values and legal principles from which to work. CHRI’s objectives are to promote awareness of and adherence to the Commonwealth Harare Principles, the Universal Declaration of Human Rights and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights in Commonwealth member states. Through reports and periodic investigations, CHRI continually draws attention to progress and setbacks to human rights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses, CHRI addresses the Commonwealth Secretariat, member Governments and civil society associations. Through its public education programmes, policy dialogues, comparative research, advocacy and networking, CHRI’s approach throughout is to act as a catalyst around its priority issues. CHRI is headquartered in New Delhi, India, and has offices in London, UK and Accra, Ghana. International Advisory Commission: Yashpal Ghai - Chairperson. Members: Lord Carlile of Berriew, Alison Duxbury, Wajahat Habibullah, Vivek Maru, Edward Mortimer, Sam Okudzeto, and Sanjoy Hazarika Executive Committee (India): Wajahat Habibullah – Chairperson. Members: B. K. Chandrashekar, Jayanto Choudhury, Maja Daruwala, Nitin Desai, Kamal Kumar, Poonam Muttreja, Jacob Punnoose, Vineeta Rai, Nidhi Razdan, A P Shah, and Sanjoy Hazarika Executive Committee (Ghana): Sam Okudzeto – Chairperson. Members: Akoto Ampaw, Yashpal Ghai, Wajahat Habibullah, Lord Carlile of Berriew, Kofi Quashigah, Juliette Tuakli and Sanjoy Hazarika Executive Committee (UK): Lord Carlile of Berriew – Chairperson. Members: Richard Bourne, Pralab Barua, Joanna Ewart-James, Tony Foreman, Neville Linton, and Sanjoy Hazarika ISBN: 978-93-81241-47-9 ©Commonwealth Human Rights Initiative, 2018. Material from this report may be used, duly acknowledging the source CHRI Headquarters, New Delhi CHRI London CHRI Africa, Accra 55A, Third Floor Room No. 219 House No.9, Samora Machel Street Siddharth Chambers School of Advanced Study Asylum Down, Opposite Beverly Kalu Sarai, New Delhi 110 017 South Block, Senate House Hills Hotel Near Trust Towers, India Malet Street, London WC1E Accra, Tel: +91 11 4318 0200 7HU, Ghana Fax: +91 11 2686 4688 United Kingdom Tel/Fax: +233 302 971170 E-mail: E-mail: Email: [email protected] [email protected] [email protected] www.humanrightsinitiative.org SDG 16 INDIA MAPPING THE DATASCAPE Written and researched by Trinanjan Radhakrishnan Gavin Davies Edited by Sanjoy Hazarika LIST OF ABBREVIATIONS Adivasi: Collective name used extensively across India for indigenous communities AiNNI: All India Network of NGOs and Individuals AFSPA: Armed Forces (Special Powers) Act AIJS: All India Judicial Services BJP: Bharatiya Janata Party BSF: Border Security Force CBI: Central Bureau of Investigation CIC: Central Information Commission Crore: Indian numerical unit, equivalent to 10,000,000 Dalit: Members of Scheduled Castes DSLA: District Legal Services Authority DPC: District Planning Committee EBC: Economically Backward Classes GANHRI: Global Alliance of National Human Rights Institutions HRD: Human Rights Defenders IBRD: International Bank for Reconstruction and Development IFC: International Finance Corporation IJU: Indian Journalists Union IPC: Indian Penal Code Lakh: Indian numerical unit, equivalent to 100,000 LGBTQ: Lesbian, Gay, Bisexual, Transgender and Queer MHA: Ministry of Home Affairs NALSA: National Legal Services Authority NCRB: National Crime Record Bureau NDA: National Democratic Alliance NDAL: National Database on Arms Licenses NHRC: National Human Rights Commission NHRI: National Human Rights Institutions NSSO: National Sample Survey Organisation OBC: Other Backward Classes POSCO: Protection of Children from Sexual Offences Act RTI: Right to Information SC: Scheduled Caste SDG: Sustainable Development Goal SPP: Special Public Prosecutor ST: Scheduled Tribe UNHRC: United Nations Human Rights Council UNICEF: United Nations Children’s Fund UPR: Universal Periodic Reviews UTRC: Under Trial Review Committees VNR: Voluntary National Review ACKNOWLEDGEMENTS This report was researched and written by Trinanjan Radhakrishnan, Programme Officer, and Gavin Davies, volunteer, with the International Advocacy and Programming (IAP) unit of the Commonwealth Human Rights Initiative (CHRI). It was edited by Sanjoy Hazarika, International director, and reviewed by Maja Daruwala, Senior Advisor, CHRI. Additional comments were provided by Venkatesh Nayak, Coordinator, Access to Information programme; Devyani Srivastava, Senior Programme Officer, Police Reforms programme; Madhurima Dhanuka, Coordinator, and Raja Bagga, Programme Officer, Prison Reforms programme. Niyati Singh, Avantika Kolluru, Agrima Gupta, Amirtha Sri and Shromona Mandal provided additional assistance with research and design. We would like to thank the following for their advice on the report: Mathew Jacob, People’s Watch Tamil Nadu; Annie Namala, Centre for Social Equity and Inclusion; Bharti Ali, HAQ Centre for Child Rights; Deepak Nikarthil, Asia Dalit Rights Forum; Sharib Ali, Quill Foundation; Isha Khandelwal, Jagdalpur Legal Aid Group; Shreya K, Women against Sexual Violence and State Repression; and Asadullah and Nilachala of the Centre for Budget and Governance Accountability. CONTENTS List of Abbreviations iv Acknowledgements v Introduction 1 Methodology 5 Summary 6 SDG 16: Promote Peaceful and Inclusive Societies for Sustainable Development, 10 Provide Access to Justice for All and Build Effective, Accountable and Inclusive Institutions at All Levels. 16.1: Significantly Reduce All Forms of Violence and Related Death 11 Rates Everywhere 16.2: End Abuse, Exploitation, Trafficking and All Forms of Violence Against 27 and Torture of Children 16.3: Promote the Rule of Law at the National and International Levels and 41 Ensure Equal Access to Justice for All 16.4: By 2030, Significantly Reduce the Illicit Financial and Arms Flows, Strengthen 47 the Recovery and Return of Stolen Assets and Combat All Forms of Organized Crime 16.5: Substantially Reduce Corruption and Bribery in All their Forms 51 16.6: Develop Effective, Accountable and Transparent Institutions at All Levels 57 16.7: Ensure Responsive, Inclusive, Participatory and Representative 65 Decision-Making at All Levels 16.8: Broaden and Strengthen the Participation of Developing Countries in the 73 Institutions of Global Governance 16.9: By 2030, Provide Legal Identity for All, Including Birth Registration 75 16.10: Ensure Public Access to Information and Protect Fundamental Freedoms, in 77 Accordance with National Legislation and International Agreements 16.A: Strengthen Relevant National Institutions, Including Through International 83 Cooperation, for Building Capacity at All Levels, in Particular in Developing Countries, to Prevent Violence and Combat Terrorism and Crime 16.B: Promote and Enforce Non-Discriminatory Laws and Policies for Sustainable 87 Development INTRODUCTION On 25 September 2015, world leaders from 193 nations met at the United Nations’ Sustainable Development Summit in New York and adopted the 2030 Agenda for Sustainable Development, including the Sustainable Development Goals (SDGs). The unanimously agreed upon objectives provide the overarching framework for international development for the next 15 years. The goals embody a strong commitment to a rights-based approach towards development, bound by the aspiration to “leave no one behind.” This report examines India’s status and progress on the global goal for peace, justice, strong institutions and human rights, which is encapsulated in Goal 16 of the 2030 Agenda for Sustainable Development. These represent not just the essential building blocks of democratic society, but also the means and accelerator to achieve other goals. Irrespective of where a country stands in the development spectrum, good laws and regulations that are fairly administered by transparent institutions are central to progress. Irrespective of where a country stands in the development spectrum, “good laws and regulations that are fairly administered by transparent and accountable institutions” are central to progress (Irene Khan, IDLO 2014). The Commonwealth Human Rights Initiative (CHRI) has chosen Goal 16 and its targets for these lie at the heart of our work. They address issues of human security and access to justice; corruption, transparency and accountability; discrimination and exclusion of marginalised groups from political and governance processes as well as human rights and fundamental freedoms. One of the keys to ensuring implementation and monitoring of SDGs is through quality, accessible, timely and reliable disaggregated data. CHRI’s report establishes baseline data for India’s SDG 16 indicators. It fills the data blind spots and maps India’s data landscape for monitoring Goal 16 targets— its data sources, their periodicity, availability or the lack thereof, and veracity. The effort is to develop