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India

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.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

National/Racial/Ethnic Minorities

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. Data published in the UN’s 2019 Multidimensional Poverty Index showed a “positive trend” between 2006 and 2016 that lifted 271 million people out of poverty. 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 (SC). According to the 2011 census, SC 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 and 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.

Dalit rights activists in Telangana decried the role that village development committees (VDCs) played in the state. Activists alleged that upper-caste individuals–who controlled most VDCs, which acted as parallel institutions to democratically elected village councils–often resorted to social boycott of Dalits who questioned decisions taken by the VDCs. According to a February 25 news report, Dalits of a village in Nizamabad District faced social boycott for 62 days on the orders of a VDC dominated by upper-caste individuals. The VDC ordered the boycott following a dispute over construction of a library on a piece of land given to the Dalits.

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, 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.

On June 14, seven persons, including four sanitation workers, died of asphyxiation while cleaning a septic tank in a hotel in Dabhoi town of Vadodara District in Gujarat. Police arrested the hotel owner on charges of murder and violation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. The Gujarat government announced financial assistance for the families of the victims.

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The Lessons of 1989: Freedom and Our Future