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:
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 Expression: Individuals routinely criticized the government publicly and privately. According to HRW, however, sedition and criminal defamation laws were used to prosecute citizens who criticized government officials or opposed state policies. In certain cases, local authorities arrested individuals under laws against hate speech for expressions of political views. Freedom House, in its most recent report, asserted that freedom of expression was weakening in the country and noted the government’s silence regarding direct attacks on free speech. The report stated authorities have used security, defamation, and hate speech laws, as well as contempt-of-court charges, to curb critical voices in media outlets. In some instances the government reportedly withheld public-sector advertising from media outlets that criticized the government, causing some outlets to practice self-censorship.
On January 10, Assam’s prominent academic Hiren Gohain, activist Akhil Gogoi, and journalist Manjit Mahanta were arrested in Guwahati and charged with sedition for their comments during a protest against the Citizenship (Amendment) Bill. On January 11, Gohan and Gogoi were awarded interim bail, and Mahanta was awarded absolute bail. On February 15, Gohan and Gogoi were given absolute bail. Gogoi was later arrested on December 10 while protesting the enacted Citizenship (Amendment) Act; his case was referred to the National Investigation Agency for sedition, criminal conspiracy, unlawful association, and assertions prejudicial to national integration.
On March 10, filmmakers, artists, musicians, and intellectuals joined a protest in Kolkata against the “unofficial ban” on the Bengali feature film Bhabishyater Bhoot (Spirits of the Future), a political satire by director Anik Datta. Media reported that two days after the film’s release on February 15, most cinema halls in West Bengal refused to screen the film, citing unofficial pressure from authorities. The government’s film certification board had already cleared the film. Following an April 11 Supreme Court order, the West Bengal government paid a fine of two million rupees ($30,000) to the film’s producer.
On April 28, police in Andhra Pradesh’s Vijayawada prevented film director Ram Gopal Varma from addressing a press conference in the city to promote his movie, Lakshmi’s NTR, which portrays the life of former state chief minister N.T. Rama Rao. Varma alleged that police acted under pressure from the ruling Telugu Desam Party, which opposed the movie’s release during national elections. Police claimed that Varma was not allowed to address a press conference as prohibitory orders were in force during the conduct of the elections.
In late April, BJP Party workers in Assam allegedly attacked journalists in the Nalbari, Tinsukia, and Jorhat Districts when the journalists were covering the national elections. On May 6, Trinamool Congress Party workers in West Bengal allegedly attacked journalists covering elections in several locations.
On July 21, Tamil Nadu police arrested a 24-year-old man in Nagapattinam District for consuming beef soup in a Facebook posting. Police filed charges against him for disturbing peace and communal harmony. Four others were arrested on July 11 for allegedly attacking the accused but were later granted bail.
On July 28, two men shot and killed Pradeep Mandal, a journalist with Hindi daily Dainik Jagran in Bihar’s Madhubani town. Media outlets reported that he was targeted for exposing bootleggers’ syndicates in the state. Bihar has imposed a prohibition on the sale and consumption of liquor.
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, 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, both at 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. Several journalists reported that the heavy deployment of security forces, accompanied by a communication blockade in Jammu and Kashmir from early August, severely hampered the freedom of the press in Jammu and Kashmir. Anuradha Bhasin, executive editor of the Srinagar-based newspaper the Kashmir Times, filed a petition in the Supreme Court in August stating that journalists were not allowed to move freely in Jammu and Kashmir. The petition also claimed the intimidation of journalists by the government and security forces. On September 1, authorities stopped another Kashmiri journalist, Gowhar Geelani, from flying to Germany to participate in a program organized by the German broadcaster Deutsche Welle.
The 2019 World Press Freedom Index identified physical attacks on journalists and “coordinated hate campaigns waged on social networks” as major areas of concern. Harassment and violence against journalists were particularly acute for non-English language journalists, those in rural areas, and female journalists. Journalists working in “sensitive” areas, including Jammu and Kashmir, continued to face barriers to free reporting through communications and movement restrictions, and local affiliates reported increased fears of violence. Attacks on journalists by supporters of Hindu nationalist groups increased prior to the May national elections, according to the report. Reports of self-censorship due to fear of official or public reprisal were common, including the use of Section 124a of the penal code, which includes sedition punishable by life imprisonment.
The Editors Guild of India claimed the government limited press freedom by exerting political pressure and blocking television transmissions. The guild separately called for authorities to restore communications in Jammu and Kashmir, where a prolonged communications shutdown limited media freedom.
On July 12, Hyderabad police arrested journalist Revathi Pogadadanda, reportedly in connection with a six-month-old case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Police allegedly did not produce an arrest warrant at the time of arrest and released her on bail a week later. Pogadadanda alleged her arrest was part of the government’s vindictive action against her mentor and senior journalist Ravi Prakash, who had published two interviews online accusing the Telangana chief minister, Kalvakuntla Chandrashekhar Rao, and a prominent industrialist, P.V. Krishna Reddy, of corruption in a multimillion dollar public transport scam. On October 5, Prakash was arrested on allegations of corporate fraud. The Committee to Protect Journalists denounced both arrests.
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 some accusations of political interference in the state-owned broadcasters. State governments banned the import or sale of some books due to material that government censors deemed could be inflammatory or provoke communal or religious tensions.
Violence and Harassment: There were numerous instances of journalists and members of media organizations being threatened or killed in response to their reporting. Police rarely identified suspects involved in the killing of journalists. According to the 2019 World Press Freedom Index, at least six journalists were killed in connection with their work in 2018.
On April 8, the Manipur High Court ordered the release of television journalist Kishore Chandra Wangkhem. Police arrested Wangkhem in November 2018 under the National Security Act for criticizing the BJP and Prime Minister Narendra Modi in his social media posts.
On May 26, the Bengaluru police filed a “first information report”–a report prepared by police upon first receipt of information of a possible crime–against Vishweshwar Bhat, editor of Kannada daily Vishwavani, for allegedly publishing derogatory remarks against K. Nikhil, son of then Karnataka chief minister H.D. Kumaraswamy. Police did not make any arrests.
On May 29, six unidentified persons grievously injured journalist Pratap Patra in Balasore District of Odisha. Patra alleged he was attacked after publishing an investigative article on May 8 against a local sand miner, who had been illegally quarrying sand. The article led authorities to levy a fine of 1.6 million rupees ($23,000) on the sand-mining company. Police arrested three individuals on June 2.
On June 8, Uttar Pradesh police arrested and filed criminal charges against a freelance journalist for allegedly posting a video of a woman claiming to be in a relationship with state chief minister Yogi Adityanath. On June 11, the Supreme Court ordered the release of the journalist and chastised the Uttar Pradesh government for the arrest.
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.
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.
A right to information response by the Ministry of Electronics and Information Technology in 2017 revealed that at least 20,030 websites were blocked at that time. The government proposed rules in February that would give it broad latitude to demand content removal from social media sites, which civil society organizations felt could be used to stifle free speech.
Libel/Slander Laws: Individuals continued to be charged with posting offensive or derogatory material on social media.
Several individuals in Telangana were either arrested or disciplined during the year for making or posting critical comments through videos and social media platforms about Chief Minister K. Chandrashekhar Rao and other leaders of the ruling Telangana Rashtra Samithi Party. On April 24, Telangana police arrested Thagaram Naveen for producing and sharing a derogatory video about Rao. On April 30, Hyderabad police arrested Chirpa Naresh for posting abusive comments and sharing morphed images of Rao and then member of parliament K. Kavitha.
On May 25, police arrested tribal rights activist and academic Jeetrai Hansda for a Facebook post defending his community’s right to eat beef. Hansda was arrested in response to a complaint filed in 2017 by the Hindu nationalist students’ organization ABVP under charges that he violated sections of the Indian Penal Code that govern insults to religious feelings and attempts to promote enmity between groups of people.
On August 14, police in Assam registered a complaint against Gauhati University research scholar Rehana Sultana over a two-year-old Facebook post, allegedly about the consumption of beef. According to media reports, police took note after the two-year-old post resurfaced.
National Security: In some cases government authorities cited laws protecting national interest to restrict media content. In August 2018 numerous outlets reported that the Indian Department of Telecom was seeking the views of telecom companies, industry associations, and other stakeholders on ways to block mobile apps, including Facebook, WhatsApp, Telegram, and Instagram, “in cases where national security or public order are under threat.”
b. Freedoms of Peaceful Assembly and Association
The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.