Arrests, Curbs On Speech, Harrasment: India Called Out For Human Rights Record In US Report!
The United States released the 2021 Human Rights Report on India on Wednesday which flagged the government on a number of issues such as restrictions on free speech, over-regulation of NGOs, “harassment and intimidation” by the state, and a pervasive impunity across all levels of government.
The report was released by Secretary of State Antony Blinken on April 12, as part of an annual series of country reports on human rights that is submitted to US Congress. US On April 6th, Congresswoman Ilhan Omar had asked why there was no criticism of Narendra Modi as the Indian PM by President Joe Biden, asking: “What does Modi need to do to India’s Muslim population before we will stop considering them a partner in peace?”
Arbitrary Arrests, Detention The report notes the rising incidences of arbitrary arrests and delaying of judicial processes. Although Indian law “prohibits arbitrary arrest and detention but both occurred during the year” and also noted that “pretrial detention was arbitrary and lengthy, sometimes exceeding the duration of the sentence given to those convicted”. There has been a marked increase in the use of laws like the UAPA, PSA, and sedition against critics, dissidents, and journalists across the country, most notably in Tripura where any reporting on anti-Muslim violence was met with UAPA charges. The report also notes the use of “special security laws to postpone judicial reviews of arrests”. Some examples of arbitrary arrests that it provides include climate activist Disha Ravi, human righs activist Hidme Markam, and numerous house arrests of former J&K Chief Minister Mehbooba Mufti. It also mentions the Elgar Parishad case registered in 2017 under which 15 academics and activists have been charged with UAPA, noting it as a law that “allows courts to deny bail in the case of detained citizens”, noting the death of Father Stan Swamy as an undertrial prisoner after “a special NIA [National Investigation Agency] court had rejected multiple bail pleas submitted on medical grounds”. Freedom Of Speech, Media Under Target The US report holds that freedom of expression is ‘generally’ respected in India but also notes the rising incidents of intimidation of media and individuals seeking to criticise the government or its support base. Some examples given in the report include:
Arbitrary Arrests, Detention The report notes the rising incidences of arbitrary arrests and delaying of judicial processes. Although Indian law “prohibits arbitrary arrest and detention but both occurred during the year” and also noted that “pretrial detention was arbitrary and lengthy, sometimes exceeding the duration of the sentence given to those convicted”. There has been a marked increase in the use of laws like the UAPA, PSA, and sedition against critics, dissidents, and journalists across the country, most notably in Tripura where any reporting on anti-Muslim violence was met with UAPA charges. The report also notes the use of “special security laws to postpone judicial reviews of arrests”. Some examples of arbitrary arrests that it provides include climate activist Disha Ravi, human righs activist Hidme Markam, and numerous house arrests of former J&K Chief Minister Mehbooba Mufti. It also mentions the Elgar Parishad case registered in 2017 under which 15 academics and activists have been charged with UAPA, noting it as a law that “allows courts to deny bail in the case of detained citizens”, noting the death of Father Stan Swamy as an undertrial prisoner after “a special NIA [National Investigation Agency] court had rejected multiple bail pleas submitted on medical grounds”. Freedom Of Speech, Media Under Target The US report holds that freedom of expression is ‘generally’ respected in India but also notes the rising incidents of intimidation of media and individuals seeking to criticise the government or its support base. Some examples given in the report include:
- Arrest of Munawar Faruqui by Madhya Pradesh police for ‘planning’ to peform jokes that would hurt Hindu sentiments
- Goa police’s arrest of Erendro Leichombam, a social activist, for criticising a BJP leader
- Stopping Kashmiri academics from travelling abroad and attend conferences
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