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 nine 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 (BJP) in the 2019 general election. Observers considered the parliamentary elections, which included more than 600 million voters, to be free and fair, although with 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 (MHA) 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.
Significant human rights issues included: unlawful and arbitrary killings, including extrajudicial killings perpetrated by police; torture by prison officials; arbitrary arrest and detention by government authorities; harsh and life-threatening prison conditions; political prisoners 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 (NGOs); frequent reports of widespread corruption at all levels of government; violence and discrimination targeting minorities based on religious affiliation or social status; and forced and compulsory child labor, including 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 under-resourced court system contributed to a small number of convictions.
Separatist insurgents and terrorists in 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 recruited and used child soldiers.
On August 5, the government announced major changes to the constitutional status of Jammu and Kashmir, converting the state into two separate union territories. In the ensuing security crackdown, authorities detained thousands of residents, including local political leaders; shut down mobile and internet services; and imposed restrictions on movement. As of December the government had taken steps to restore normalcy, including partial restoration of telephone and mobile services, but had not yet announced a timeline for local assembly elections.
Section 2. Respect for Civil Liberties, Including:
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. Further FCRA requirements announced in September require NGOs to file an additional affidavit declaring that, among other things, the entity has not been prosecuted or convicted in engaging in propagation of sedition. The government has used sedition laws to prosecute those critical of government.
Some NGOs reported an increase in random FCRA compliance inspections by MHA 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 alleged they were targeted as a reprisal for their work on “politically sensitive” issues, such as human rights or environmental activism. The Center for Promotion of Social Concerns and its partner program unit People’s Watch continued court proceedings against the nonrenewal of their FCRA license. In June, acting on an MHA complaint, the CBI filed a first information report 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–about 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 first information report until August 19. Civil society groups, including HRW and the International Commission of Jurists, criticized the CBI action as “dubious” and politically motivated.
In October 2018 the Enforcement Directorate, a government agency that investigates financial crimes, raided the premises of Amnesty International India’s Bengaluru office and froze its bank accounts on suspicion it had violated foreign funding guidelines. On July 25, media outlets reported that after the completion of the directorate’s probe, the agency issued a show-cause notice to Amnesty International India for alleged contravention of Foreign Exchange Management Act provisions for an amount of more than 510 million rupees ($7 million).
Amnesty International India disputed the validity of the charges and alleged the harassment and intimidation of its staff. The 2018 raid on Amnesty came days after the Enforcement Directorate searched the premises of environmental nonprofit Greenpeace India in Bengaluru, also for allegedly violating foreign funding rules. In February a letter by three UN special rapporteurs to the government expressed serious concerns at the “smear campaign” and actions taken against Amnesty International India and Greenpeace, saying the ability to access foreign funding is an integral part of the right to freedom of association.
On February 28, the government outlawed the religious-political organization Jamaat-e-Islami in Jammu and Kashmir under the UAPA for alleged support of extremism and militancy. On March 22, the government similarly banned another Kashmiri organization, Jammu Kashmir Liberation Front, which supports the independence of the union territory. Political parties and civil society groups in the state described these bans as an attack on civil liberties.