Persistent caste discrimination, the marginalisation of Dalits, concerns over the rights of Indigenous and Tribal Peoples, and the treatment of religious and ethnic minorities are among the issues flagged by the UN Committee on the Elimination of Racial Discrimination (CERD) in its latest observations on India.
The Committee, which examined India’s combined 20th and 21st periodic reports in August 2026, said discrimination based on caste falls within the scope of the International Convention on the Elimination of All Forms of Racial Discrimination. It specifically rejected India’s position that caste discrimination falls outside Article 1 of the Convention, stating that “discrimination based on the ground of caste is fully covered by article 1 of the Convention.”
The observations, adopted on August 19 and issued as an advance unedited version on August 25, examine discrimination affecting several groups, including Dalits, Indigenous and Tribal Peoples, religious minorities, migrants and asylum seekers.
Caste Discrimination And Dalit Exclusion
CERD acknowledged constitutional and legislative measures adopted by India to address caste discrimination, including the constitutional abolition of untouchability, the Protection of Civil Rights Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Acts and legislation prohibiting manual scavenging.
At the same time, it said caste-based discrimination and exclusion remain persistent.
The Committee expressed concern over the segregation and exclusion of Dalits from shared public resources and spaces, including religious and cultural places, as well as widespread spatial segregation. It also pointed to substandard living conditions in Dalit-majority neighbourhoods, including inadequate access to healthcare, schools, safe drinking water, sanitation and electricity.
CERD raised concerns about violence against inter-caste couples and killings carried out in the name of caste “honour”. It also highlighted gender-based violence and femicide affecting Dalit women and girls.
Another concern was the continuing association of sewer and septic-tank cleaning with Dalits. The Committee said implementation of legislation intended to eliminate manual scavenging remained ineffective and noted what it described as low levels of complaints.
Bonded labour was also among the issues highlighted.
Education was another area of concern. CERD referred to reported discrimination against Dalit students at different levels of education and the limited representation of Dalits among professors in central universities. It called for stronger measures to ensure equal access to quality and inclusive education, including scholarships and other support.
The Committee recommended measures to eliminate spatial segregation and ensure equal access to public resources and basic services. It also called for caste- and gender-sensitive responses to violence against Dalit women and girls and recommended criminalising caste “honour” killings and providing reparations to victims.
It urged India to strengthen labour inspections and enforcement against bonded labour and work associated with manual scavenging.
Tribal Displacement, Representation And Religious Discrimination
The Committee also expressed concern over the rights of Indigenous and Tribal Peoples, particularly in relation to land acquisition, development and conservation projects.
It said Indigenous and Tribal communities, including Naga, Kuki, Chakma and Hajong communities, had reportedly faced land acquisition, alienation and dispossession without meaningful consultation or free, prior and informed consent.
CERD drew particular attention to projects in the Great Nicobar and Andaman Islands, saying they could threaten vulnerable Indigenous and Tribal Peoples, including communities living in voluntary isolation. It recommended an independent environmental, economic, social, cultural and spiritual impact assessment and called for projects to be suspended until such an assessment is completed.
The Committee also referred to reports of forced evictions from conservation areas, tiger reserves and areas affected by extractive or development projects. It cited reports of the displacement or forced eviction of approximately 89,000 families belonging to Indigenous and Tribal Peoples in 18 states following a June 2024 order of the National Tiger Conservation Authority.
CERD recommended implementation of the Forest Rights Act and the Panchayats (Extension to Scheduled Areas) Act, meaningful consultation through Gram Sabhas and respect for free, prior and informed consent. It also called for rejected forest-rights claims to be reviewed and for evictions to be suspended until appeals are completed.
The Committee raised a separate concern over the continued operation of Habitual Offenders Acts in at least 14 states, affecting de-notified, nomadic and semi-nomadic communities. It urged repeal of such legislation and rehabilitation measures.
Representation was another issue. CERD noted that 84 Lok Sabha seats are reserved for Scheduled Castes and 47 for Scheduled Tribes, alongside reservations in the public sector. But it cited information that only 33 of 849 judges appointed since 2018 were members of Scheduled Castes, while only two Chief Justices of the Supreme Court had been from Scheduled Castes in the previous 70 years. It said information on representation of Scheduled Tribes in the judiciary, law enforcement and senior decision-making positions was also lacking.
The Committee recommended fair and equitable representation of Scheduled Castes, Scheduled Tribes, Indigenous and Tribal Peoples and ethnic and ethno-religious groups, particularly women, in public institutions, the judiciary, law enforcement and elected bodies.
CERD also raised concerns about discrimination faced by Christian and Muslim members of Scheduled Castes and Tribes, including restrictions on access to constitutional safeguards. It referred to reports of hate speech, hate crimes and forced reconversion campaigns targeting Christian and Muslim SC/ST communities and called for the relevant legal framework to be reviewed.
Migrants, Citizenship And Wider Discrimination Concerns
Treatment of migrants and asylum seekers, particularly Rohingya and Bengali-speaking Muslims, was another major area of concern.
CERD referred to reports of police stops and identity checks targeting Rohingya, Bengali-speaking Muslims and other migrants and asylum seekers, describing the allegations as systematic racial profiling. It also cited reports of arbitrary arrest and detention, torture and ill-treatment, as well as deportations or forcible returns that could violate the principle of non-refoulement.
The Committee specifically mentioned conditions at the Matia Transit Camp in Assam, citing reports of overcrowding and inadequate food, water, sanitation and medical care.
It called on India to review its immigration framework, ensure that detention is used only as a measure of last resort and establish a fair asylum procedure. It also recommended that India ratify the 1951 Refugee Convention and its 1967 Protocol.
The Committee separately expressed grave concern over the National Register of Citizens (NRC) process in Assam. It said Bengali-speaking Muslims had reportedly faced “systematic and structural racial discrimination” during the preparation and updating of the NRC and described concerns over what it called “mass arbitrary deprivation of citizenship”.
CERD recommended suspending the NRC process, reviewing the Citizenship Amendment Act framework and taking measures to prevent statelessness while ensuring due process and effective remedies.
It also examined concerns surrounding the Election Commission’s Special Intensive Revision of electoral rolls. The observations cite reports that approximately 52 million names were removed across 12 states and Union territories and that about 9.1 million names were reportedly deleted in West Bengal. The Committee said Bengali-speaking Muslim voters were reportedly disproportionately affected in West Bengal and Assam. These figures and assessments are presented in the document as reported information and concerns before the Committee.
Beyond these specific issues, CERD criticised what it described as a fragmented legal framework on racial discrimination in India and recommended comprehensive anti-discrimination legislation covering direct, indirect, structural and intersecting forms of discrimination.
It also raised concerns about hate speech and hate crimes, including racist rhetoric in traditional and social media and by politicians, and called for stronger legal provisions and accountability.
The Committee expressed concern about restrictions on civil society and human-rights defenders under laws including the Foreign Contribution (Regulation) Act and the Unlawful Activities (Prevention) Act. It also referred to a March 2025 recommendation by the UN-accredited global alliance of national human rights institutions to downgrade India’s National Human Rights Commission to “B status”, citing concerns including institutional independence and pluralism.
CERD further recommended restoring educational content on caste hierarchy, untouchability and the historical exclusion of Dalits in school textbooks, while strengthening human-rights and anti-discrimination training for police, judges, civil servants and other public officials.
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