India and Human Rights Diplomacy at the United Nations: The Discourse on Torture

Abstract

Building on the ideals of pacifism, in the early years, India’s foreign policy posturing at international forums demonstrated its keen interest in promoting universal human rights. The agenda of eradicating torture emerged at the United Nations (UN) in 1945 in response to the state atrocities and war crimes committed during the Second World War. The UN acted as an arena for diplomatic deliberations between multifarious actors that led to the emergence and global recognition of the norm against torture. At the UN, India was ideationally inclined toward building a robust human rights regime and actively participated in the making of corresponding international norms. However, India’s diplomatic zeal toward ‘norm-making’ at the UN was often followed by a lukewarm approach toward human rights. Taking the case of the development of the norm against torture, the article aims to evaluate India’s evolving human rights diplomacy at the UN. By tracing India’s historical stance on human rights and examining its formal interactions at the UN on the issue of torture, it seeks to evaluate India’s role in the formation of an international regime against torture. The article further seeks to critically analyze India’s evasive response at the UN and the implications of its failure to ratify the Convention against torture and other cruel, inhuman or degrading treatment or punishment (1984) or the Torture Convention.