India is a multiparty, federal, parliamentary democracy with a bicameral legislature. The president, elected by an electoral college composed of the state assemblies and parliament, is the head of state, and the prime minister is the head of government. Under the constitution, the country’s 28 states and eight union territories have a high degree of autonomy and have primary responsibility for law and order. Electors chose President Ram Nath Kovind in 2017 to serve a five-year term, and Narendra Modi became prime minister for the second time following the victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party in the 2019 general election. Observers considered the parliamentary elections, which included more than 600 million voters, to be free and fair, although there were reports of isolated instances of violence.
The states and union territories have primary responsibility for maintaining law and order, with policy oversight from the central government. Police are under state jurisdiction. The Ministry of Home Affairs controls most paramilitary forces, the internal intelligence bureaus and national law enforcement agencies, and provides training for senior officials from state police forces. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.
Significant human rights issues included: unlawful and arbitrary killings, including extrajudicial killings perpetrated by police; torture and cases of cruel, inhuman, or degrading treatment or punishment by some police and prison officials; arbitrary arrest and detention by government authorities; harsh and life-threatening prison conditions; political prisoners or detainees in certain states; restrictions on freedom of expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech, censorship, and site blocking; overly restrictive rules on nongovernmental organizations; restrictions on political participation; widespread corruption at all levels in the government; lack of investigation of and accountability for violence against women; tolerance of violations of religious freedom; crimes involving violence and discrimination targeting members of minority groups including women based on religious affiliation or social status ; and forced and compulsory child labor, as well as bonded labor.
Despite government efforts to address abuses, a lack of accountability for official misconduct persisted at all levels of government, contributing to widespread impunity. Investigations and prosecutions of individual cases took place, but lax enforcement, a shortage of trained police officers, and an overburdened and underresourced court system contributed to a low number of convictions.
Separatist insurgents and terrorists in the Union Territory of Jammu and Kashmir, the Northeast, and Maoist-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and civilians, and recruitment and use of child soldiers.
The government continued taking steps to restore normalcy in Jammu and Kashmir by gradually lifting some security and communications restrictions. The government released most political activists from detention. In January the government partially restored internet access; however, high-speed 4G mobile internet remained restricted in most parts of Jammu and Kashmir. The government began a process to redraw electoral constituencies but did not announce a timeline for local assembly elections. Local district development council elections took place in December in which a coalition of Kashmiri opposition parties won the majority of seats.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and insurgents.
Military courts are primarily responsible for investigating killings by security forces and paramilitary forces.
Reports of custodial death cases, in which prisoners or detainees were killed or died in police and judicial custody, continued. In June the National Campaign against Torture reported the deaths of 125 persons in police custody in 2019. The report stated 74 percent of the deaths were due to alleged torture or foul play, while 19 percent occurred under suspicious circumstances. Of the 125 deaths in police custody, Uttar Pradesh reported the highest number at 14, followed by Tamil Nadu and Punjab with 11 deaths each. The 125 deaths in police custody documented by the National Campaign against Torture in 2019 included 13 victims from Dalit and tribal communities and 15 Muslims.
On June 23, Ponraj Jeyaraj and his son, Beniks Jeyaraj, died while in police custody in Tamil Nadu. The two men were arrested for violating COVID-19 regulations by keeping their shop open after lockdown hours. Police beat them while in custody, and they subsequently died from their injuries while in a medical facility for prisoners. State law enforcement officials arrested 10 officers involved in the detention. The Tamil Nadu state government announced it would provide two million rupees ($27,000) in financial compensation to the victims’ family. The case remained under investigation by the Central Bureau of Investigation (CBI) and the state government’s human rights commission. Nongovernmental organizations (NGOs such as Amnesty International India (AII) and Human Rights Watch (HRW) condemned the high numbers of custodial deaths in Tamil Nadu, the second highest number in the country according to data from the National Crime Records Bureau (NCRB), and have called for accountability and investigation into these cases.
In August the NCRB released the Prison Statistics of India (PSI) 2019 report, which documented 1,775 inmate deaths under judicial custody in 2019.
During the COVID-19 national lockdown from March 25 to April 30, Commonwealth Human Rights Initiative (CHRI) compiled a list of 15 fatalities that included deaths from excessive police action such as canings and beatings.
Killings by government and nongovernment forces, including insurgents and terrorists, were reported in Jammu and Kashmir, northeastern states, and Maoist-affected areas of the country (see section 1.g.). The South Asia Terrorism Portal (SATP) reported the deaths of 63 civilians, 89 security force members, and 284 insurgents countrywide as a result of terrorism or insurgency attacks. The Jammu and Kashmir Coalition of Civil Society (JKCCS) reported 229 killings in 107 incidents in the first six months of the year. JKCCS also reported 32 extrajudicial killings in the first half of the year in Jammu and Kashmir.
Formal charges have yet to be filed in the 2018 killing of Rising Kashmir editor in chief Shujaat Bukhari and his two police bodyguards. A police investigation alleged that terrorists belonging to Lashkar-e-Tayyiba targeted Bukhari in retaliation for his support of a government-backed peace effort. While a police special investigation team arrested three persons in 2019 “for their alleged role in arranging the logistics,” the perpetrators were still at large, and the case remained open.
In 2019 the CBI filed charges against 10 Manipur police personnel for their alleged involvement in the death of a criminal suspect in 2009. In June the CBI filed charges in 14 additional cases but closed the investigation in seven cases. Families of the victims challenged the dismissal in five of the closed cases.
On July 29, the National Human Rights Commission (NHRC) directed the Telangana government to pay 500,000 rupees ($6,800) as compensation to the families of five Muslims killed by police forces in 2015 after facing accusations of various terrorism charges. The order followed the failure of the state government to comply with a 2018 directive to provide compensation to families of the victims.
Under the Armed Forces Special Powers Act (AFSPA), the central government may designate a state or union territory as a “disturbed area,” authorizing security forces in the state to use deadly force to “maintain law and order” and to arrest any person “against whom reasonable suspicion exists” without informing the detainee of the grounds for arrest. The law also provides security forces immunity from civilian prosecution for acts committed in regions under the AFSPA. In 2016 the Supreme Court stated that every death caused by the armed forces in a disturbed area, whether of a civilian or a terrorist suspect, should be investigated.
The AFSPA remained in effect in Nagaland, parts of Arunachal Pradesh, Manipur, and Assam, and a version of the law was in effect in Jammu and Kashmir. The AFSPA was renewed through January 2021 in Nagaland, which had been under the AFSPA for nearly six decades. Human rights organizations asserted the law is in violation of Article 21 of the constitution and continued to call for its repeal, citing numerous alleged human rights violations.
Nongovernmental forces, including organized insurgents and terrorists, committed numerous killings. Maoists in Jharkhand and Bihar continued to attack security forces and infrastructure facilities, including roads, railways, and communication towers. The SATP reported terrorist attacks resulted in the death of 99 civilians, 106 security force members, and 383 terrorists or insurgents during the year; this was the lowest numbers of civilians killed since the SATP began reporting this data in 2000. As of July terrorists killed six political party leaders in Jammu and Kashmir.
There were allegations police failed to file required arrest reports for detained persons, resulting in hundreds of unresolved disappearances. Police and government officials denied these claims. The central government reported state government screening committees informed families about the status of detainees. There were reports, however, that prison guards sometimes required bribes from families to confirm the detention of their relatives.
Disappearances attributed to government forces, paramilitary forces, and insurgents occurred in areas of conflict during the year (see section 1.g.).
In February the UN Working Group on Enforced or Involuntary Disappearances identified seven cases under its standard procedures concerning individuals who were arrested, detained, or otherwise deprived of rights. The Working Group had not received permission to visit the country since it first submitted a request to the government in 2010.
There were allegations of enforced disappearance by the Jammu and Kashmir police. Although authorities denied these charges and claimed no enforced disappearances had occurred since 2015, the International Federation for Human Rights reported that cases of enforced disappearances continued through 2019. The Jammu and Kashmir State Human Rights Commission ordered an investigation of enforced disappearances in 2018.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture, but there were reports that police forces allegedly employed such practices.
Police beatings of prisoners resulted in custodial deaths (see section 1.a.).
In August 2019 CHRI’s Inside Haryana Prisons publication reported more than 47 percent of inmates were victims of torture and inhuman treatment during police remand.
On August 28, AII alleged that members of the Delhi police committed human rights violations during February riots in Delhi. The report documented complicity with violence, torture of arrested protesters while in custody, and excessive use of force. The report alleged Delhi police were negligent in their duty to protect citizens and did not respond to repeated requests for assistance.
On July 7, the state government of Gujarat suspended six police officials in Vadodara charged with torturing and killing 62-year-old Babu Shaikh while in police custody and destroying evidence of the crime. Shaikh was reported missing after being taken into police custody in December 2019.
The law does not permit authorities to admit coerced confessions into evidence, but NGOs and citizens alleged authorities used torture to coerce confessions. Authorities allegedly also used torture as a means to extort money or as summary punishment.
There were reports of abuse in prisons at the hands of guards and inmates, as well as reports that police raped female and male detainees.
In July the state Crime Branch in Odisha dismissed and subsequently arrested the inspector in charge of the Biramitrapur police station for the gang rape of a minor girl inside the police station. Five other persons were under investigation in connection with the crime.
The government authorized the NHRC to investigate rape cases involving police officers. By law the NHRC may also request information about cases involving the army and paramilitary forces, but it has no mandate to investigate those cases. NGOs claimed NHRC statistics undercounted the number of rapes committed in police custody. Some rape victims were unwilling to report crimes due to social stigma and fear of retribution if the perpetrator was a police officer or official. There were reports police officials refused to register rape cases.
In March a Delhi court sentenced Uttar Pradesh state lawmaker Kuldeep Sengar to life imprisonment for culpable homicide and criminal conspiracy in the death of a rape victim’s father and ordered him to pay 2.5 million rupees ($35,000) in compensation. Sengar’s brother allegedly tortured the victim’s father after she came forward with a rape allegation against him in 2017, and the victim’s father died in police custody. In 2019 the victim was critically injured in a head-on road collision, which the victim’s family alleged Sengar orchestrated to kill her. In 2019 the Supreme Court directed the state government to pay compensation to the victim and transferred all related litigation to courts in Delhi.
There were reports of security forces acting with impunity although members were also held accountable for illegal actions. In December the Indian Army indicted an officer and two others of extrajudicial killings in Jammu and Kashmir. Also, Jammu and Kashmir Police filed local charges against the accused. Additionally, the National Human Rights Commission (NHRC) may request information about cases involving the army and paramilitary forces.
Prison and Detention Center Conditions
Prison conditions were frequently life threatening, most notably due to inadequate sanitary conditions, lack of medical care, and extreme overcrowding.
Physical Conditions: Prisons were often severely overcrowded, and food, medical care, sanitation, and environmental conditions frequently were inadequate. Potable water was not universally available. Prisons and detention centers remained underfunded and understaffed, and lacked sufficient infrastructure. Prisoners were sometimes physically mistreated.
According to the PSI 2019 report released in August, there were 1,350 prisons in the country with a total authorized capacity of 403,739 persons. The actual incarcerated population was 478,600. Persons awaiting trial accounted for approximately 70 percent of the prison population. The law requires detention of juveniles in rehabilitative facilities, although at times authorities detained juveniles in adult prisons, especially in rural areas. Authorities often held pretrial detainees with convicted prisoners. The NCRB’s PSI 2019 report acknowledged overcrowding as “one of the biggest problems faced by prison inmates.” Prisons in Uttar Pradesh reported the highest overcrowding in the country with an occupancy rate of 168 percent, followed by Uttarakhand at 159 percent, and Meghalaya at 157 percent.
In official documents presented to the Karnataka High Court on February 27, the Karnataka government reported 4,916 prisoners diagnosed with mental health conditions and 237 diagnosed with severe mental disorders such as schizophrenia and bipolar disorder. The court ordered the government to submit reports on mental health treatment provided to prisoners.
Since 2009, 30 persons had died at various immigration detention centers in Assam. A 2019 report by the Assam state assembly noted that ethnic minorities constituted a majority of these deaths: 26 were Bengali speakers, while two each belonged to the Adivasi and Koch-Rajbongshi communities.
On March 23, during the national COVID-19 lockdown, the Supreme Court ordered states and union territories to release certain prisoners on parole or interim bail. The state governments of Goa, Chhatisgarh, Madhya Pradesh, Gujarat, and Maharashtra separately ordered prison systems to parole or furlough inmates to reduce prison overcrowding.
Administration: Authorities permitted prisoners to register complaints with state and national human rights commissions, but the authority of the commissions extended only to recommending that authorities redress grievances. Government officials reportedly often failed to comply with a Supreme Court order instructing the central government and local authorities to conduct regular checks on police stations to monitor custodial violence.
Authorities permitted visitors limited access to prisoners, although some family members claimed authorities denied access to relatives, particularly in restive areas, including Jammu and Kashmir.
Independent Monitoring: The NHRC received and investigated prisoner complaints of human rights violations throughout the year, but civil society representatives believed few prisoners filed complaints due to fear of retribution from prison guards or officials.
In many states the NHRC made unannounced visits to monitor state prisons, including training workshops and seminars for officials, but NHRC jurisdiction does not extend to military detention centers. An NHRC special rapporteur visited state prisons to verify that authorities provided medical care to all inmates. The rapporteur visited prisons on a regular basis throughout the year but did not release a report to the public or the press.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, but both occurred during the year. Police also used special security laws to postpone judicial reviews of arrests. Pretrial detention was arbitrary and lengthy, sometimes exceeding the duration of the sentence given to those convicted.
According to human rights NGOs, police used torture, mistreatment, and arbitrary detention to obtain forced or false confessions. In some cases police reportedly held suspects without registering their arrests and denied detainees sufficient food and water.
Following the central government’s August 2019 abrogation of a special constitutional provision that provided autonomous status for Jammu and Kashmir, authorities used a public safety law to detain local politicians without trial. Most detainees were released during the year. Media reports indicated those released were required to sign bonds agreeing not to engage in political activity.
In December 2019 Mohammed Faisal, a member of the National Confederation of Human Rights Organizations, was assaulted by Uttar Pradesh police and spent 14 days in jail. The Muslim lawyer attended protests against the Citizenship Amendment Act (CAA) to offer emergency legal and other support services. NGO activists in Uttar Pradesh alleged instances of persecution of human rights lawyers for defending their clients and challenging unlawful conduct.
Arrest Procedures and Treatment of Detainees
In cases other than those involving security risks, terrorism, or insurgency, police may detain an individual without charge for up to 30 days, although an arrested person must be brought before a judge within 24 hours of arrest. Lengthy arbitrary detention remained a significant problem due to overburdened and underresourced court systems and a lack of legal safeguards.
Arraignment of detainees must occur within 24 hours unless authorities hold the suspect under a preventive detention law. The law allows police to summon individuals for questioning, but it does not grant police prearrest investigative detention authority. There were incidents in which authorities allegedly detained suspects beyond legal limits. By law authorities must allow family member access to detainees, but this was not always observed.
Due to delays in completion of repatriation procedures, foreign nationals often remained incarcerated beyond the expiration of their sentences. The PSI 2019 revealed there were 765 prisoners belonging to the “other” category. According to experts these were most likely prisoners who completed their sentence but were yet to be released. This included approximately 250 Rohingya arrested for illegal entry, of whom 150 had reportedly completed their sentences. The government reportedly impeded access of the Office of the UN High Commissioner for Refugees (UNHCR) to these individuals, which prevented adjudication of their asylum claims. Right-to-information requests from 26 states indicated there were approximately 3,900 foreign nationals in prisons across the country. Of these, 1,647 were undergoing trials, 1,377 were convicts, and 871 were awaiting repatriation.
In August, Monu died after allegedly being tortured in police custody in Uttar Pradesh’s Rae Bareli district. Media reports said he was detained along with four others for theft of a motorcycle. The district police chief (DPC) admitted that Monu was illegally detained for more than two days without being produced before a magistrate. The DPC subsequently suspended the head of the police station.
The law requires every arrested person to be produced before a judicial magistrate within 24 hours of arrest. Other than in Jammu and Kashmir, the National Security Act allows police to detain persons considered security risks without charge or trial for as long as one year. The law allows family members and lawyers to visit national security detainees and requires authorities to inform a detainee of the grounds for detention within five days, or 10 to 15 days in exceptional circumstances. Nonetheless, rights activists noted provisions allowing detainees to meet family or lawyers were not followed in practice, especially in the states of Odisha, Manipur, Andhra Pradesh, and Maharashtra.
The Public Safety Act (PSA), which applies only in Jammu and Kashmir, permits authorities to detain persons without charge or judicial review for up to two years without visitation from family members. After extending her detention by three months during the year, authorities released former chief minister of Jammu and Kashmir Mehbooba Mufti, who had been detained under the PSA. According to the JKCCS, 662 individuals were arrested under the PSA in 2019, of whom 412 remained under detention as of August. The government released most political activists from detention, although several Kashmiri politicians were reportedly detained in the period prior to the district development council elections in December.
Authorities in Jammu and Kashmir allowed detainees access to a lawyer during interrogation, but human rights groups documented that police routinely employed arbitrary detention and denied detainees further access to lawyers and medical attention.
Authorities must promptly inform persons detained on criminal charges of the charges against them and of their right to legal counsel. By law a magistrate may authorize the detention of an accused person for a period of no more than 90 days prior to filing charges. Under standard criminal procedure, authorities must release the accused on bail after 90 days if charges are not filed. NCRB data released in January showed most individuals awaiting trial spent more than three months in jail before they could secure bail, and more than 63 percent spent between three months and five years before being released on bail.
The law also permits authorities to hold a detainee in judicial custody without charge for up to 180 days (including the 30 days in police custody). The Unlawful Activities Prevention Act (UAPA), which gives authorities the ability to detain persons for up to 180 days without charge in cases related to insurgency or terrorism, makes no bail provisions for foreign nationals, and allows courts to deny bail in the case of detained citizens. The UAPA presumes the accused to be guilty if the prosecution can produce evidence of the possession of firearms or explosives or the presence of fingerprints at a crime scene, regardless of whether authorities demonstrate criminal intent. State governments also reportedly held persons without bail for extended periods before filing formal charges under the UAPA. The 2018 PSI report released in January revealed that 5,102 UAPA cases were pending investigation and trial.
In August 2019 parliament passed an amendment to the UAPA that allows the government to designate individuals as terrorists and provides new authorities to the National Investigation Agency (NIA) to seize properties acquired from proceeds of terrorism. According to the Center for Law and Policy Research, the number of cases filed under the UAPA rose from 976 cases in 2014 to 1,182 cases in 2018. States and union territories with insurgent activity, including Manipur and Jammu and Kashmir, also saw an increase in the application of the UAPA. On April 10, authorities arrested pregnant student leader Safoora Zargar under the UAPA for allegedly conspiring to incite the Delhi riots. The Delhi High Court released her on June 23 after the central government did not object to her release. On September 13, former Jawaharlal Nehru University (JNU) student leader Umar Khalid was arrested under the UAPA for making a speech during anti-CAA protests.
The CAA along with a plan to implement a nationwide counting of residents (the National Population Register) triggered widespread protests in several parts of the country in December 2019 and January, especially because of rumors of the government’s interest to subsequently conduct a National Register of Citizens nationwide to count citizens, similar to the process in Assam. According to media reports, student-led protests occurred in at least 29 major universities and colleges. The government undertook a large security response, including at three major universities: Jamia Millia Islamia, Aligarh Muslim University, and JNU.
In December 2019 police forcefully entered the Jamia Millia Islamia campus and beat protesters, including students and teachers. They also used tear gas and rubber bullets. On January 5, masked individuals beat teachers and students in JNU. Civil society activists stated that legitimate and peaceful protests were being portrayed as terrorist activities. Activists also alleged Delhi police selectively pursued cases against Muslims and anti-CAA protesters in the months after the riots.
Arbitrary Arrest: The law prohibits arbitrary arrest or detention, but in some cases police reportedly continued to arrest citizens arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants.
Pretrial Detention: NCRB data reported 330,487 prisoners were awaiting trial at the end of 2019, comprising 69 percent of the country’s prison population. Media reported the high numbers of pretrial detainees contributed to prison overcrowding.
The government continued efforts to reduce lengthy detentions and alleviate prison overcrowding by using “fast track” courts, which specified trial deadlines, provided directions for case management, and encouraged the use of bail. In December 2019 the Ministry of Law and Justice released the Scheme on Fast Track Special Courts for Expeditious Disposal of Cases of Rape and Protection of Children against Sexual Offences (POCSO) Act. The act aims to set up 1,023 fast track courts across the country to dispose of the 166,882 rape and POSCO Act cases that were pending trial in various courts. Some NGOs criticized these courts for failing to uphold due process and requiring detainees unable to afford bail to remain in detention.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected judicial independence, but the judicial system was plagued by delays, capacity challenges, and corruption.
The judicial system remained seriously overburdened and lacked modern case management systems, often delaying or denying justice. According to Department of Justice statistics released in September, there were 398 judicial vacancies in the 1,079 judicial positions on the country’s 25 high courts.
In April, Mohammed Yasin Malik, leader of the proindependence Jammu and Kashmir Liberation Front (JKLF), was arrested and charged with murder in the death of four Air Force officials in 1990. Malik was denied the right to be physically present in court. Human rights groups in Kashmir, including the JKCCS, expressed concern regarding whether Malik was receiving a fair trial.
In March 2019 the Ministry of Home Affairs declared the JKLF an unlawful organization for five years under the UAPA. A ministry statement accused Malik and the JKLF of participating in the “genocide” of Kashmiri Hindu Pandits in 1989, as well as the murder of air force personnel, kidnappings, and funding terrorism. Malik and the JKLF were involved in violence in the early 1990s until Malik renounced violent separatism in 1994 and declared a ceasefire.
The law provides for the right to a fair and public trial, except in proceedings that involve official secrets or state security. Defendants enjoy the presumption of innocence, except as described under UAPA conditions, and may choose their counsel. The constitution specifies the state should provide free legal counsel to defendants who cannot afford it to ensure that opportunities for securing justice are not denied to any citizen, but circumstances often limited access to competent counsel. An overburdened justice system resulted in lengthy delays in court cases, with disposition sometimes taking more than a decade.
There were reported cases in which police denied suspects the right to meet with legal counsel as well as cases in which police unlawfully monitored suspects’ conversations and violated their confidentiality rights.
While defendants have the right to confront accusers and present their own witnesses and evidence, defendants sometimes did not exercise this right due to lack of proper legal representation. Defendants have the right not to testify or confess guilt. Courts must announce sentences publicly, and there are effective channels for appeal at most levels of the judicial system.
Political Prisoners and Detainees
There were reports of political prisoners and detainees. NGOs reported the central government held political prisoners and temporarily detained individuals in Jammu and Kashmir under the PSA. On September 15, the Ministry of Home Affairs informed parliament that 223 political leaders from Jammu and Kashmir, who had been detained after August 2019, remained in detention but added “no person is under house arrest.”
g. Abuses in Internal Conflict
The country’s armed forces, the security forces of individual states, and paramilitary forces engaged with insurgent groups in several northeastern states, and with Maoist insurgents in the northern, central, and eastern parts of the country. The intensity of these conflicts continued to decline. The army and security forces remained stationed in conflict areas in the Northeast, Jharkhand, and Bihar. The armed forces and police also engaged with separatist insurgents and terrorist groups in Jammu and Kashmir.
The use of force by all parties resulted in deaths and injuries to both conflict participants and civilians. There were reports government security forces committed extrajudicial killings, including staging encounter killings. Human rights groups claimed police refused to release bodies in cases of alleged “encounters.” Authorities did not require the armed forces to report custodial deaths to the NHRC.
There were few investigations and prosecutions of human rights violations or abuses arising from internal conflicts. Authorities arrested and tried insurgents under terrorism-related legislation.
On August 14, HRW called for an impartial investigation into the July 18 killing of three men by security forces in Jammu and Kashmir. The army claimed the men were militants killed in retaliatory gunfire in Shopian District. The family members identified the bodies from photographs circulated on social media and claimed they were laborers. The army instituted a court of inquiry into the killings, and on September 18, army officials stated the troops “exceeded powers vested under AFSPA.” The army initiated disciplinary proceedings against those involved in the incident.
Killings: Various domestic and international human rights organizations continued to express serious concern at the use of pellet guns by security forces for crowd-control purposes in Jammu and Kashmir. In March the Jammu and Kashmir High Court dismissed the public interest litigation petition seeking a ban on the use of pellet guns on protesters, asserting that police have the right to administer force in self-defense when facing violent protests. Ministry of Home Affairs data and Srinagar hospital records showed that at least 18 individuals died from pellet gun injuries between July 2016 and February 2019.
In Maoist-affected areas, there were reports of abuses by insurgents and security forces. On March 21, more than 250 Maoist (Naxal) insurgents ambushed security personnel, killing 17 and injuring at least 14 police and security personnel in the state of Chhattisgarh.
On July 29, armed militants in Manipur killed three soldiers and injured at least six of the Assam Rifles, a counterinsurgency unit. The ambush happened near the border with Burma as soldiers came under attack while returning to their bases. The Manipur Naga People’s Front, the Revolutionary People’s Front, and the United Liberation Front of Asom-Independent jointly claimed responsibility for the attack.
Abductions: Human rights groups maintained that paramilitary and insurgent forces abducted persons in Manipur, Jharkhand, Jammu and Kashmir, and Maoist-affected areas.
On January 22, supporters of the Pathalgadi movement, which promotes a tribal custom of stone plaques with inscriptions asserting community rights and prohibiting entry of outsiders, reportedly kidnapped seven villagers and later killed them in Jharkhand. According to police, the villagers were abducted and killed because they opposed the Pathalgadi movement.
Physical Abuse, Punishment, and Torture: There were reports government security forces tortured, raped, and mistreated insurgents and alleged terrorists in custody and injured demonstrators. Human rights activists alleged some prisoners were tortured or killed during detention.
A May 2019 report by the JKCCS and the Association of Parents of Disappeared Persons alleged that police, military, and paramilitary forces in Jammu and Kashmir used torture against civilians and opposition over the past four decades. The report documented 432 testimonies from individuals who claimed to have been tortured. There were continued allegations of physical abuse and torture following the government’s enhanced security measures in Jammu and Kashmir after the August 2019 move to abrogate Article 370 of the constitution.
On August 30, there were violent clashes between security personnel and Shia Muslim marchers in Jammu and Kashmir during Muharram processions. Approximately 200 to 250 individuals and 30 to 40 police personnel were injured, according to several media reports.
Child Soldiers: No information was available on how many persons younger than 18 were serving in the armed forces.
Insurgent groups reportedly used children to attack government entities. In June the annual UN Children and Armed Conflict report outlined allegations that at least five children were recruited by, and joined, militant groups in Jammu and Kashmir, and at least two of these children were killed in encounters with security forces. NGOs estimated at least 2,500 children were associated with insurgent armed groups in Maoist-affected areas as well as insurgent groups in Jammu and Kashmir.
The UN report also found that children continued to be affected by violence between armed groups and the government, particularly in Chhattisgarh, Jharkhand, and Jammu and Kashmir. It noted security force operations, terrorist activity, or shelling across the line of control resulted in the killing of eight and maiming of seven children. The report, which covered 2019, noted police forces rescued 10 children in the state of Jharkhand from Maoist insurgency groups who had abducted them and used them in combat capacities.
According to the United Nations, 68 children between the ages of nine and 17 were detained by security services in Jammu and Kashmir on national security-related charges, including one for actual or alleged association with armed groups. Nonstate armed groups reportedly forced children to serve as spies, couriers, and soldiers in the states of Bihar, Chhattisgarh, Jharkhand, Maharashtra, West Bengal, and Odisha and as soldiers in Jammu and Kashmir. According to government sources, Maoist groups sometimes used children as human shields in confrontations with security forces.
Although the United Nations was not able to verify all allegations of child soldiers, NGO observers reported children as young as 12 were members of Maoist youth groups and allied militia. The children handled weapons and improvised explosive devices, according to these reports. Maoists reportedly held children against their will and threatened severe reprisals, including the killing of family members, if the children attempted to escape. The government claimed, based on statements of several women formerly associated with Maoist groups, that sexual violence, including rape and other forms of abuse, was a practice in some Maoist camps.
Attacks on schools by Maoists continued to affect children’s access to education in affected areas. There were continued reports on the use of schools as military barracks and bases. The deployment of government security forces near schools remained a concern. There were reports nonstate armed groups recruited children from schools in Chhattisgarh.
In January 2019 the Observer Research Foundation reported militant groups in Kashmir recruited juveniles. The foundation highlighted the conditions that encouraged minors in Jammu and Kashmir to join such groups. The report discussed the involvement of children in acts of violence, such as stone pelting and arson, which was then followed by a heavy-handed crackdown by security forces. It stated that, in the absence of a juvenile justice mechanism, the law-and-order apparatus failed to differentiate between children and adults, in turn provoking an ever greater degree of anger among the populace.
Other Conflict-related Abuse: On March 17, the Ministry of Home Affairs informed parliament’s lower house there were approximately 65,000 registered Kashmiri migrant families across the country. Tens of thousands of Hindus, known as Kashmiri Pandits, fled the Kashmir Valley after 1990 because of conflict and violent intimidation, including destruction of houses of worship, sexual abuse, and theft of property, by Kashmiri separatists.
The Prime Minister’s Development Package, announced in 2015, outlined a reconstruction plan for Jammu and Kashmir and included the creation of 3,000 state government jobs for Kashmiri migrants. On March 18, the minister of state for home affairs informed the upper house of parliament that the selection process had concluded for 1,781 posts and that 604 of the positions had been filled as of February 22.
In the central and eastern areas, armed conflicts between Maoist insurgents and government security forces over land and mineral resources in tribal forest areas continued. According to the SATP’s existing-conflict map, Maoist-affected states included Madhya Pradesh, Maharashtra, Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Telangana, Odisha, Chhattisgarh, Jharkhand, West Bengal, Bihar, Uttar Pradesh, and Assam. Human rights advocates alleged the government’s operations sought not only to suppress the Maoists but also to force tribal populations from their land, allowing for its purchase by the private sector.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, but it does not explicitly mention freedom of the press. The government generally respected this right, although there were several instances in which the government or actors considered close to the government allegedly pressured or harassed media outlets critical of the government, including through online trolling. There were also reports of extremists perpetrating acts of killing, violence, and intimidation against journalists critical of the government.
Freedom of Speech: Individuals routinely criticized the government publicly and privately. According to the HRW World Report 2020, sedition and criminal defamation laws were sometimes used to prosecute citizens who criticized government officials or state policies. In certain cases local authorities arrested or filed cases against individuals under laws against hate speech for expressions of political views. The harassment and detainment of journalists critical of the government in their reporting or social media messaging continued.
On August 14, a three-judge bench of the Supreme Court convicted prominent lawyer Prashant Bhushan for criminal contempt of court for two tweets that criticized the chief justice and the role played by the Supreme Court in the past six years. Bhushan was also facing contempt charges on another case relating to his comments in 2009 alleging judicial corruption. He was required to pay a symbolic fine of one rupee and express contrition before the court. According to media, more than 3,000 retired judges, lawyers, and eminent persons supported Bhushan and sent a petition to the Supreme Court stating that Bhushan’s tweets did not amount to contempt.
AII’s report Jammu and Kashmir After One year of Abrogation of Article 370 documented 14 instances of detention, police interrogations, and assaults on journalists. The government also introduced a new media regulation policy in Jammu and Kashmir empowering local administration to determine “fake and antinational news” and to initiate related action against journalists.
On February 15, Karnataka police arrested three engineering students of Kashmiri origin on sedition charges. According to police records, Basit Ashiq Ali, Talib Majeed, and Ameer Mohiuddin Wani recorded a video of themselves chanting slogans supporting Pakistan and posted the video on social media. They were arrested after college officials reported them to police. On June 10, the students were released on bail.
On February 20, Karnataka police booked student activist Amulya Leona on sedition charges for shouting pro-Pakistan slogans in her speech at a rally in Bengaluru protesting the CAA. A local court granted her bail on June 11.
On April 1, a complaint was against the founding editor of the news website The Wire, Siddharth Varadarajan, for his tweet referencing a report that the Uttar Pradesh chief minister, Yogi Adityanath, had insisted a religious gathering be held during the COVID-19 lockdown. Although a correction was issued, the complaint was filed under Sections 66D and 67 of Information Technology Act 2000, Sections 188 and 505(2) of the Indian Penal Code, Section 54 of Disaster Management Act 2005 and Section 3 of Epidemic Diseases Act 1897. Varadarajan was granted bail on May 15. On May 11, Gujarat state police detained the editor and owner of Gujarati news website Face the Nation, Dhaval Patel, for publishing a report suggesting Gujarat’s chief minister might be replaced due to criticism over rising COVID-19 cases. Patel was charged with sedition and with spreading false panic. Patel was granted bail on May 27.
On May 19, the West Bengal government temporarily stopped the broadcast of Bengali news channel Calcutta News, which questioned the state government’s handling of the coronavirus pandemic, including allegations of underreporting coronavirus infection rates and death numbers and severe mismanagement of hospitals.
On May 20, Srinagar Police summoned The Kashmir Walla editor Fahad Shah for covering an encounter between militants and security forces. Shah alleged police claimed his stories “maligned” police and subjected him to five hours of questioning. The Srinagar police summoned Shah again on July 9 and October 4 on the same matter.
NGOs reported the arrest and detention of political and human rights activists who criticized the policies of Manipur’s state government. While some faced charges of sedition, promoting communal disharmony, public mischief, and criminal conspiracy, others were booked under the National Disaster Management Act. United NGOs Mission Manipur reported that on April 12, the Manipur state government arrested Robin Rongmei, a social activist, under the act for posting a video on Facebook that showed shortages of essential items for children in a shelter home during the lockdown.
On May 25, Kolkata police summoned Anirban Chattopadhyay, editor of the leading Bengali newspaper Anandabazar Patrika, for interrogation. Police summoned him because his newspaper reported on the inadequate supply of personal protective equipment for the staff of a hospital handling COVID-19 cases. On May 31, Chattopadhyay resigned his post as editor under pressure and to ease tensions with the government.
On June 5, Bengaluru police registered a case against former AII executive director Aakar Patel for a message he posted on Twitter that encouraged minority communities to emulate the racial justice protests abroad. Police booked Patel with intent to cause fear or alarm to the public, wantonly giving provocation with intent to cause riot, and abetting commission of an offense by the public. Patel’s Twitter account was temporarily removed but remained visible outside the country following registration of the charge.
Freedom of Press and Media, Including Online Media: Independent media were active and generally expressed a wide variety of views. The law prohibits content that could harm religious sentiments or provoke enmity among groups, and authorities invoked these provisions to restrict print media, broadcast media, digital media platforms, and publication or distribution of books.
According to several journalists, press freedom declined during the year. There were several reports from journalists and NGOs that government officials, at both the local and national levels, were involved in silencing or intimidating critical media outlets through physical harassment and attacks, pressuring owners, targeting sponsors, encouraging frivolous lawsuits, and in some areas blocking communication services, such as mobile telephones and the internet, and constraining freedom of movement.
The Reporters without Borders 2020 World Press Freedom Index identified press freedom violations by police, political activists, criminal groups, and corrupt local officials. Physical attacks and “coordinated hate campaigns waged on social networks” against journalists were cited as major areas of concern. Harassment and violence against journalists were particularly acute for female journalists. Journalists working in Jammu and Kashmir continued to face barriers to free reporting through communications and movement restrictions. According to the report, pressure on media to amplify government perspectives increased following the May 2019 national elections. Criminal prosecutions were often used to gag journalists critical of the authorities, including the use of a section of the penal code that includes sedition punishable by life imprisonment.
In February the Kashmir Press Club stated security agencies had routinely deployed intimidation tactics such as threats, summonses, and physical attacks on journalists in Jammu and Kashmir. On February 8, journalists Naseer Ganai and Haroon Nabi were to the police facility, where they were questioned for reporting on a statement by the Jammu Kashmir Liberation Front.
In June the Jammu and Kashmir government released the Media Policy-–2020, which authorizes the Directorate of Information and Publication Relations to “examine” the content of print, electronic, and other forms of media for “fake news, plagiarism, and unethical or antinational activities” in the name of law and order. Under the new media policy, government action could range from legal proceedings against journalists for “indulging in fake news, unethical or antinational activities, or plagiarism” to withholding advertisements to any media that “incite or tends to incite violence, question sovereignty and the integrity of India, or violate the accepted norms of public decency and behavior.”
On June 13, Uttar Pradesh authorities charged Scroll.in executive editor Supriya Sharma for a news report critical of the COVID-19 lockdown under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as under sections of the penal code regarding printing defamatory matter and negligent acts likely to spread infection of disease dangerous to life. Police also named the Mumbai-based editor in chief of Scroll.in in the first information report (FIR). On August 26, the Allahabad High Court granted Sharma protection from immediate arrest in the case but allowed the investigation to continue.
On July 1, UNESCO Director-General Audrey Azoulay called for authorities to end “gunpoint censorship” and prosecute those responsible for the killing of Shubham Mani Tripathi, a journalist for the newspaper Kampu Mail. Tripathi died on June 19 when he was shot six times by two gunmen while on his way home in Uttar Pradesh. His killing was allegedly in retaliation for his investigative reports into connections between illegal sand mining and corruption allegations. The two assailants, along with a third individual, were arrested.
The government maintained a monopoly on AM radio stations, limiting broadcasting to the state-owned All India Radio, and restricted FM radio licenses for entertainment and educational content. Widely distributed private satellite television provided competition for Doordarshan, the government-owned television network. There were accusations of political interference in the state-owned broadcasters. State governments banned the import or sale of some books that contained material government censors deemed could be inflammatory or provoke communal or religious tensions.
On March 6, the Union Ministry of Information and Broadcasting placed a 48-hour ban on two Malayalam news channels for broadcasting footage of the February riots in New Delhi, allegedly in violation of the Cable Network Television Network Act. Hours after the ban was imposed, the ministry revoked its order and restored the transmission of both channels.
On April 24, Tamil Nadu police arrested Andrew Sam Raja Pandian, the owner of a news platform, for reporting on alleged government corruption. A complaint was filed by a local government official who claimed the website was spreading false reports against the state government. A local court granted the media owner bail on April 28.
Violence and Harassment: There were numerous instances of journalists and members of media organizations reportedly being threatened or killed in response to their reporting. Police rarely identified suspects involved in the killing of journalists. The Committee to Protect Journalists reported at least 79 journalists had been killed between 1992 and 2020. According to the 2020 World Press Freedom Index, at least four journalists were killed in connection with their work as of December.
On March 3, unidentified assailants attacked Tamil Nadu-based journalist M. Karthi with an iron rod. In his police complaint, Karthi claimed the attack was related to his reporting on a dispute between two ruling party politicians in the region. On March 4, police detained two suspects for questioning in relation to the attack, including an official in Tamil Nadu’s All India Anna Dravida Munnetra Kazhagam party.
On August 11, Shahid Tantray, Prabhjit Singh, and a third unidentified female–all journalists for The Caravan magazine–were by a mob while reporting in New Delhi. Tantray reported that after identifying him as a Muslim, “the mob beat [him], punched on [his] neck and back, and tried to strangle [him] with the camera strap.” The Caravan stated the female journalist was sexually harassed. Police did not file a FIR or make arrests.
In September, Parashar Biswas, a journalist from the daily newspaper Syandan Patrika in Tripura, was beaten by unidentified individuals after he criticized Chief Minister Biplab Deb’s comments made against media outlets for publishing stories of alleged state mismanagement of the coronavirus crisis. The Tripura Assembly of Journalists condemned the attack and demanded the chief minister not further threaten reporters or media houses.
Online and mobile harassment was especially prevalent, and incidents of internet “trolling,” or making deliberately offensive or provocative online posts with the aim of upsetting someone, continued to rise. Journalists were threatened online with violence and, in the case of female journalists, rape.
On July 3, journalist Rana Ayyub screenshots of several death and rape threats received on Twitter, Facebook, and Instagram after she spoke out against the killing of a 65-year-old Srinagar resident. In one screenshot the social media user asked Ayyub to recall Gauri Lankesh, a journalist shot and killed in 2017.
Censorship or Content Restrictions: Citizens generally enjoyed freedom of speech, but the government continued to censor and restrict content based on broad public- and national-interest provisions under Article 19 of the constitution.
In February 2019 the minister of state in the Ministry of Communications told members of parliament the government had ordered the Department of Telecommunications to block 17,444 sites during the previous three years on the basis of recommendations of the Central Bureau of Investigation, the Ministry of Electronics and Information Technology, courts of law, and several other organizations.
On June 18, Uttar Pradesh filed a FIR against Scroll.in executive editor Supriya Sharma for a report on the adverse effects of the COVID-19 lockdown in Varanasi. Police acted on a complaint filed by an individual Sharma interviewed about the lockdown, who alleged that Sharma misrepresented her comments and identity. Scroll.in denied the charges against Sharma and stood by her reporting. The media outlet alleged the FIR was an “attempt to intimidate and silence independent journalism.” Local human rights activist Harsh Mander noted the FIR was part of a recent trend targeting journalists with legal actions. On June 18, Reporters without Borders said the charges were a “blatant attempt to intimidate one of India’s most resilient reporters.” According to reports, at least 55 journalists and editors were arrested or booked for reporting on the COVID-19 lockdown.
In 2018 the Ministry of Electronics and Information Technology revealed that 14,221 websites had been blocked since 2010. Between January and October 2019, the ministry issued blocking orders for an additional 20 websites.
Libel/Slander Laws: Individuals continued to be charged with posting offensive or derogatory material on social media.
On January 31, Karnataka police arrested the director of the Shaheen Primary and High School and a student’s mother for sedition after a school play was alleged to be critical of the CAA and “disrespectful” of Prime Minister Modi. On February 15, a district court released the two women on bail.
On April 18, police in Kashmir photojournalist Masrat Zahra under the UAPA for indulging in “antinational activities” on social media. In a statement police accused Zahra of “uploading antinational posts with criminal intention, uploading posts that glorify antinational activities and dent the image of law enforcing agencies besides causing disaffection against the country.” Zahra maintained she was sharing archival images that had already been published in different local and international social media platforms. The investigation continued at year’s end.
On April 23, the Jammu and Kashmir cyber police filed a FIR against Kashmiri author and journalist Gowhar Geelani for “glorifying terrorism in Kashmir” through social media posts. The police statement said Geelani was “indulging in unlawful activities through his posts and writings on social media platforms which [were] prejudicial to the national integrity, sovereignty and security of India.”
On May 18, Andhra Pradesh police arrested 66-year-old Ranganayaki Poonthota, following her Facebook post in which she questioned the government’s handling and police investigation of a styrene gas leak that killed at least 11 persons. She was arrested for making statements that create or promote enmity, indulging in wanton vilification, disobedience to order duly promulgated by public servant, and criminal conspiracy. The NGO Human Rights Forum described the case as a “brazen attack on free speech” and demanded withdrawal of the case.
National Security: In some cases government authorities cited laws protecting national interest to restrict media content. The government banned more than 200 Chinese mobile apps because they were “prejudicial” to the sovereignty and security of the country.
There were government restrictions on access to the internet, disruptions of access to the internet, censorship of online content, and reports the government occasionally monitored users of digital media, such as chat rooms and person-to-person communications. The law permits the government to block internet sites and content and criminalizes sending messages the government deems inflammatory or offensive. Both central and state governments have the power to issue directives for blocking, intercepting, monitoring, or decrypting computer information. The government continued to block telecommunications and internet connections in certain regions, often during periods of political unrest.
In January the Supreme Court declared access to the internet a fundamental right guaranteed by the constitution. In 2015 the Supreme Court overturned some provisions of the information technology law that restricted content published on social media but upheld the government’s authority to block online content “in the interest of sovereignty and integrity of India, defense of India, security of the State, and friendly relations with foreign states or public order” without court approval. In 2017 the Ministry of Communications announced measures allowing the government to shut telephone and internet services temporarily during a “public emergency” or for “public safety.” According to the measures, an order for suspension could be made by a “competent authority” at either the federal or the state level.
According to NGO Software Freedom Law Center, the central and state governments shut down the internet in different locations 106 times in 2019 and 76 times as of December 21. The center reported the longest shutdown occurred between August 4, 2019, and March 4 in Jammu and Kashmir. Authorities restored mobile 2G services in April and landline internet in August. Mobile 3G and 4G connections remained blocked as of December, although intermittent access was restored in certain districts.
AII documented 67 instances of government-enforced internet shutdowns in Jammu and Kashmir between January 14 and August 4. NGOs and professionals from the education and medical fields reported that frequent internet shutdown and denial of access to 4G internet presented problems to online education and COVID-19 mitigation measures.
In January the Supreme Court ruled that the indefinite shutdown of the internet in Jammu and Kashmir was illegal.
In December 2019, in response to protests concerning the passage of the CAA, internet shutdowns were implemented throughout the country. NGOs maintained that local officials often used a section of the code of criminal procedure relating to riots and civil disturbances as the legal basis for internet shutdowns.
Government requests for user data from internet companies increased dramatically. According to Facebook’s transparency report, the government made 49,382 data requests in 2019, a 32 percent increase from 2018. Google reported a 69 percent increase in government requests for user data in its 2019 Transparency Report, receiving 19,438 disclosure requests. Twitter’s Transparency Report indicated 1,263 account information requests from the government in 2019, a 63 percent increase from 2018.
In its Freedom in the World 2020 report, Freedom House noted the central government and state governments repeatedly suspended mobile internet services to curb collective action by citizens. NGOs also asserted the legal threshold for internet shutdowns was low and shutdown regulations were applied unevenly by executive branch officials with little or no legislative or judicial oversight.
Press outlets frequently reported instances in which individuals and journalists were arrested or detained for online activity, although NGOs noted there was little information about the nature of the activity or if it involved criminal or legitimate speech. Police continued to arrest individuals under the Information Technology Act for legitimate online activity, despite a 2015 Supreme Court ruling striking down the statute as unconstitutional, and which experts claimed was an abuse of legal processes.
The National Intelligence Grid (NATGRID), expected to begin functioning at year’s end, was proposed after the 11/26 terror attacks in Mumbai as a unified intelligence database to collect data and patterns of suspects from 21 organizations. NATGRID’s database was designed to link 11 national agencies with approximately 14,000 police stations throughout the country.
In July the Ministry of Electronics and Information Technology banned 59 mobile applications owned by China-based companies or otherwise linked to China, including the social media and communications platforms TikTok, WeChat, and Helo, citing national security reasons. As of year’s end, the ministry had banned more than 200 Chinese applications.
Freedom of Peaceful Assembly
The law provides for freedom of assembly. Authorities often required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully. Jammu and Kashmir was an exception, where the state government sometimes denied permits to separatist political parties for public gatherings, and security forces reportedly occasionally detained and assaulted members of political groups engaged in peaceful protest (see section 1.g.). During periods of civil unrest in Jammu and Kashmir, authorities used the law to ban public assemblies and impose curfews.
Security forces, including local police, often disrupted demonstrations and reportedly used excessive force when attempting to disperse protesters. On August 28, AII stated that Delhi police committed serious human rights violations during the February communal riots in Delhi. AII claimed police personnel were “complicit and actively participating” in the violence that killed more than 50 persons, the majority of whom were Muslims.
There were some restrictions on the organization of international conferences. Authorities required NGOs to secure approval from the central government before organizing international conferences. Authorities routinely granted permission, although in some cases the approval process was lengthy. Some human rights groups claimed this practice provided the government tacit control over the work of NGOs and constituted a restriction on freedoms of assembly and association.
Freedom of Association
The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding. In other instances, the government canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations.
In September parliament passed amendments to the FCRA that placed additional limitations on the international funding of nongovernment organizations and would create significant operational barriers for the NGO community. Experts believed the new legislation would severely restrict the ability of smaller, regional organizations to raise funds and diminish collaboration between the government and civil society.
Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau.
Some NGOs stated they were targeted as a reprisal for their work on “politically sensitive” issues, such as human rights or environmental activism. In September, AII closed its offices after a two-year FCRA investigation resulted in the government freezing the NGO’s local bank accounts. AII asserted the Ministry of Finance’s Enforcement Directorate targeted their organization in retaliation for recent human rights reporting on the Delhi riots and Jammu and Kashmir. The Ministry of Home Affairs defended the actions noting “a significant amount of foreign money was also remitted to Amnesty (India) without the ministry’s approval under the FCRA. This mala fide rerouting of money was in contravention of extant legal provisions.” AII challenged the Enforcement’s Directorate’s actions in court. On December 16, the Karnataka High Court granted AII access to some of its funding from the frozen accounts and ordered the Enforcement Directorate to complete its investigation within 45 days.
In June 2019, acting on a Ministry of Home Affairs complaint, the CBI filed a FIR against Supreme Court advocate Anand Grover and the NGO Lawyers Collective, an organization run by Supreme Court advocate Indira Jaising, alleging discrepancies in the utilization of foreign funds. On July 11, the CBI accused Grover and Jaising of violating FCRA provisions and raided their home and offices. On July 25, the Bombay High Court stated the CBI allegation against Lawyers Collective–mixing FCRA funds with domestic funding–was “vague and arbitrary,” and it directed the CBI not to take any coercive steps in relation to the FIR until August 19. Civil society groups, including HRW and the International Commission of Jurists, criticized the CBI action as “dubious” and politically motivated.
e. Status and Treatment of Internally Displaced Persons
Authorities located settlements of internally displaced persons (IDPs) throughout the country, including those containing groups displaced by internal armed conflicts in Jammu and Kashmir, Maoist-affected areas, the northeastern states (see section 1.g.), and Gujarat. In 2019 approximately 19,000 persons were displaced because of conflicts and violence, while natural disasters displaced more than five million persons.
Precise numbers of those displaced by conflict or violence was difficult because the government does not monitor the movements of displaced persons, and humanitarian and human rights agencies had limited access to camps and affected regions. While authorities registered residents of IDP camps, an unknown number of displaced persons resided outside the camps. Many IDPs lacked sufficient food, clean water, shelter, and health care (see section 1.g., Other Conflict-related Abuse).
National policy or legislation did not address the issue of internal displacement resulting from armed conflict or from ethnic or communal violence. The welfare of IDPs was generally the purview of state governments and local authorities, allowing for gaps in services and poor accountability. The central government provided limited assistance to IDPs, but it had access to NGOs and human rights organizations, although neither access nor assistance was standard for all IDPs or all situations.
In January the central government, along with the state governments of Tripura and Mizoram, signed an agreement with the leaders of the Mizoram Bru Displaced People’s Forum that allowed Brus to settle permanently in Tripura. The Brus are a scheduled tribe living in relief camps in Tripura as IDPs since 1997, when they fled Mizoram in the wake of ethnic clashes with the Mizo community. The agreement was intended to allot land and cash assistance to more than 30,000 persons from the Bru tribes in Tripura.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials at all levels of government. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.
Corruption: Corruption was present at multiple levels of government. On March 18, the minister of state in the Prime Minister’s Office informed parliament’s lower house that 12,458 corruption complaints were received between March 2019 and February, of which 12,066 complaints were address or resolved. Additionally, the minister noted the Central Vigilance Commission, which addresses government corruption, reviewed 2,752 cases during 2019 and carried more than 953 of those cases into 2020.
NGOs reported the payment of bribes to expedite services, such as police protection, school admission, water supply, and government assistance. Civil society organizations drew public attention to corruption throughout the year, including through demonstrations and websites that featured stories of corruption.
Media reports, NGOs, and activists reported links among politicians, bureaucrats, contractors, militant groups, and security forces in infrastructure projects, narcotics trafficking, and timber smuggling in the northeastern states.
In July 2019 multiple complaints of criminal corruption were lodged against Uttar Pradesh member of parliament Azam Khan for illegally obtaining land for the Mohammad Ali Jauhar University, which he founded in 2006. In January, Uttar Pradesh’s district administration began to return the land to local farmers. According to the district magistrate, the process to return land had been started and would continue until all of the farmers’ claims were settled.
Financial Disclosure: The law mandates asset declarations for all officers in the Indian Administrative Services. Both the Election Commission and the Supreme Court upheld mandatory disclosure of criminal and financial records for candidates for elected office.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Most domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. In some circumstances groups faced restrictions (see section 2.b, Freedom of Association). There were reportedly more than three million NGOs in the country, but definitive numbers were not available. The government generally met with domestic NGOs, responded to their inquiries, and took action in response to their reports or recommendations.
The NHRC worked cooperatively with numerous NGOs, and several NHRC committees had NGO representation. Some human rights monitors in Jammu and Kashmir were able to document human rights violations, but periodically security forces, police, and other law enforcement authorities reportedly restrained or harassed them. Representatives of certain international human rights NGOs sometimes faced difficulties obtaining visas and reported that occasional official harassment and restrictions limited their public distribution of materials.
The United Nations or Other International Bodies: The government continued to decline access by the United Nations to Jammu and Kashmir and limit access to the northeastern states and Maoist-controlled areas. In an August statement, UN human rights experts called on the government “to take urgent action to address the alarming human rights situation in the territory.” The UN special rapporteurs noted that since August 2019, “the human rights situation in Jammu and Kashmir has been in free fall,” and they were “particularly concerned that during the COVID-19 pandemic, many protesters are still in detention and internet restrictions remain in place.” The group appealed to the government “to schedule pending visits as a matter of urgency, particularly of the experts dealing with torture and disappearances.”
Government Human Rights Bodies: The NHRC is an independent and impartial investigatory and advisory body, established by the central government, with a dual mandate to investigate and remedy instances of human rights violations and to promote public awareness of human rights. It is directly accountable to parliament but works in close coordination with the Ministry of Home Affairs and the Ministry of Law and Justice. It has a mandate to address official violations of human rights or negligence in the prevention of violations, intervene in judicial proceedings involving allegations of human rights violations, and review any factors (including acts of terrorism) that infringe on human rights. The law authorizes the NHRC to issue summonses and compel testimony, produce documentation, and requisition public records. The NHRC also recommends appropriate remedies for abuses in the form of compensation to the victims of government killings or their families.
The NHRC has neither the authority to enforce the implementation of its recommendations nor the power to address allegations against military and paramilitary personnel. Human rights groups claimed these limitations hampered the work of the NHRC. Some human rights NGOs criticized the NHRC’s budgetary dependence on the government and its policy of not investigating abuses more than one year. Some claimed the NHRC did not register all complaints, dismissed cases arbitrarily, did not investigate cases thoroughly, rerouted complaints back to the alleged violator, and did not adequately protect complainants.
Of 28 states, 24 have human rights commissions, which operated independently under the auspices of the NHRC. Some human rights groups alleged local politics influenced state committees, which were less likely to offer fair judgments than the NHRC. The Human Rights Law Network, a nonprofit legal aid group, observed most state committees had few or no minority, civil society, or female representatives. The group claimed the committees were ineffective and at times hostile toward victims, hampered by political appointments, understaffed, and underfunded.
The government closed the Jammu and Kashmir Human Rights Commission in 2019 and ordered the NHRC to oversee human rights violations in Jammu and Kashmir. The NHRC has jurisdiction over all human rights violations, except in certain cases involving the military. The NHRC has authority to investigate cases of human rights violations committed by the Ministry of Home Affairs and paramilitary forces operating under the AFSPA in the northeast states.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Members of National/Racial/Ethnic Minority Groups
The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. The UN’s 2020 Multidimensional Poverty Index noted approximately 273 million individuals moved out of multidimensional poverty during the past 10 years. Previous reports showed Muslims, members of the Scheduled Tribes, and Dalits experienced the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.
The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes. According to the 2011 census, Scheduled Caste members constituted 17 percent of the population (approximately 200 million persons).
Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services, such as health care, education, access to justice, freedom of movement, access to institutions (such as temples), and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.
Several incidents of discrimination, atrocities, and insults against Dalits were reported in Andhra Pradesh during the year. On July 31, Kula Vivaksha Porata Samithi, an anticaste discrimination organization, alleged 150 such incidents occurred in the state during the previous four months.
On July 20, police in Andhra Pradesh summoned I. Vara Prasad, a 23-year-old Dalit, to the police station in connection with a dispute in his village and allegedly beat him and shaved his head and moustache, which are considered symbolic acts to insult Dalits. A subinspector and two constables were suspended and arrested under various sections of the penal code and Schedules Castes and Scheduled Tribes Atrocities (Prevention) Act.
NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.
Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, and respiratory and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.
Other Societal Violence or Discrimination
Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. Ministry of Home Affairs data for 2016-17 showed 703 incidents of communal (religious) violence occurred in which 86 persons were killed and 2,321 injured. According to the NHRC, there were 672 cases of discrimination and victimization against Scheduled Castes and 79 cases against minorities in 2018-19.
In April media reported state-run public Ahmedabad Civil Hospital set up segregated wards for Muslim and Hindu patients “as per [the] government decision” in a treatment facility for COVID-19 patients. Following media uproar and widespread criticism, the segregation of patients on the basis of faith was revoked, according to Muslim community sources.
In May the Rajasthan High Court granted bail to two of the four men accused in the 2018 attempted lynching of cattle trader Rakbar Khan, who later died in custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities detained him. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival.
On June 17, the Telangana High Court held the state police to account for arresting a “disproportionately high number of Muslims” for violating COVID-19 lockdown restrictions. The court noted police often used excessive force when enforcing the lockdown rules. For example, the court cited the case of a Muslim volunteer, arrested while distributing food to migrants, who required 35 stiches on his face due to police brutality. The court asked the state principal secretary for home and the director general of police to submit documentary evidence in support of their claim that action had been taken against police officials who used excessive force.
On July 14, the Untouchability Eradication Front of the Communist Party of India (Marxist) issued a report that identified 81 violent crimes against Dalits throughout Tamil Nadu, including rape and murder, during the national lockdown.
In November the Uttar Pradesh state government passed the Prohibition of Unlawful Conversion of Religious Ordinance, 2020, making forced religious conversion by marriage a criminal offense punishable by up to 10 years in prison and requiring individuals converting to another religion to notify authorities no later than 60 days prior. Opposition leaders, media, and civil society groups criticized the law as violating constitutional protections on freedom of religion and reinforcing derogatory stereotypes of Muslim men using marriage to coerce Hindu women into religious conversions, often referred to as “love jihad.” Media reports indicated the Uttar Pradesh state government filed several criminal cases against Muslim men after the passage of the law. In December the Madhya Pradesh state government passed similar legislation regulating interfaith couples and religious conversion.