The Government of India provided the Working Group with a booklet entitled "Legal provisions for protection of human rights in India" which, however, contains no information on the implementation of the Declaration on Disappearances.

During the period under review, the Working Group transmitted 45 newly reported cases of disappearance to the Government of India, of which 14 were reported to have occurred in 1993. Twenty of these cases were transmitted under the urgent action procedure.

Many other allegations of disappearances reported to have occurred in Kashmir and Jammu were also received, but owing to the methods of work of the Working Group, which require that all of the essential elements of the case be provided, these cases were not transmitted to the Government. It was reported to the Working Group that the situation in Kashmir and Jammu did not allow for a comprehensive compilation of information on cases, and that relatives of disappeared persons and human rights workers were often concerned about their own physical safety, in part because of harassment, threats or attacks often directed against them. For example, it was alleged that one human rights worker who had frequently represented the families of disappeared persons before the Jammu and Kashmir High Court, was extrajudicially executed in Srinagar at the end of 1992. 

The Working Group has recognized that laws such as the TADA and PSA which allow for prolonged periods of detention without the accountability of the authorities create conditions in which disappearances are most likely to occur. Widespread torture, alleged to have occurred during periods of prolonged and incommunicado detention, was also reported to be an important element contributing to the phenomenon of disappearance. It was further noted that during these periods of detention women were particularly vulnerable to rape. 

By letter dated 17 November 1993, the Government transmitted information to the Working Group concerning the newly constituted National Human Rights Commission. The Commission reportedly has wide ranging functions, which include its ability to undertake inquiries either on petition or suo moto into complaints of human rights violations by public servants. The Commission was created pursuant to the Protection of Human Rights Ordinance 1993 issued on 28 September 1993, which provided for the constitution of the National Human Rights Commission, state human rights commissions and human rights courts. Details were provided on the functioning of these bodies. 

By letter dated 30 November 1993, the Permanent Mission of India to the United Nations Office at Geneva responded to the general allegations contained in the Working Group’s letter of 20 October 1993. It was stressed that the Indian Constitution established all the relevant institutions to safeguard democracy, namely an independent judiciary, a parliamentary form of government, a free press and commitment to the rule of law. All actions of State officials were subject to judicial review. In particular, a magisterial inquiry was mandatory for deaths in custody, and by means of a  “public interest litigation" any individual or group could bring instances of violations of human rights to the attention of the High Court and the Supreme Court.