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. The constitution gives the country’s 28 states and nine union territories a high degree of autonomy and 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, but 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 within 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 credible reports of: unlawful and arbitrary killings, including extrajudicial killings by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by police and prison officials; harsh and life-threatening prison conditions; arbitrary arrest and detention by government authorities; political prisoners or detainees; arbitrary or unlawful interference with privacy; restrictions on free expression and media, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech; restrictions on internet freedom; overly restrictive laws on the organization, funding, or operations of nongovernmental organizations and civil society organizations; refoulement of refugees; serious government corruption; government harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence; crimes involving violence and discrimination targeting members of minority groups based on religious affiliation, social status or sexual orientation or gender identity; and forced and compulsory labor, including child labor and bonded labor.
Despite government efforts to address abuses and corruption, 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.
Terrorists in Jammu and Kashmir, northeastern states, and Maoist terrorism-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and civilians, kidnapping, and recruitment and use of child soldiers.
Section 1. Respect for the Integrity of the Person
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 terrorists.
Military courts are primarily responsible for investigating killings by security forces and paramilitary forces.
Reports of prisoners or detainees who were killed or died in police and judicial custody continued. In March the National Campaign Against Torture reported the deaths of 111 persons in police custody in 2020. The report stated 82 of the deaths were due to alleged torture or foul play. Uttar Pradesh and Gujarat reported the highest number of custodial deaths at 11 each, followed by Madhya Pradesh with 10 deaths. A separate Prison Statistics of India (PSI) report from the National Crime Records Bureau (NCRB) documented 1,887 inmate deaths in judicial custody in 2020. The report attributed most prison deaths to natural causes and stated the highest number of custodial deaths occurred in Uttar Pradesh and West Bengal.
In September the National Human Rights Commission required Assam’s director general of police to compile a report in connection with a complaint alleging that police committed extrajudicial killings of more than 20 petty criminals.
On June 18, a Dalit woman collapsed and died while in police custody for suspected theft. The Telangana High Court ordered an investigation into allegations the victim was beaten to death. The Telangana government fired three police officers for their involvement in the custodial death and provided compensation to family members.
On July 22, Ravi Jadav and Sunil Pawar, two members of a tribal community accused of involvement in a bicycle theft case, were found hanging inside a police station in the Navsari District of Gujarat. Three police officials were arrested in connection with the custodial deaths, and on September 18, Navsari police provided compensation to family members of the victims.
In September 2020 the Central Bureau of Investigation filed charges against nine police officials in connection with the custodial deaths of Ponraj and Beniks Jeyaraj in Tamil Nadu. The two men were arrested in June 2020 for violating COVID-19 regulations; police allegedly beat them while in custody, and they subsequently died. The Tamil Nadu government arrested and held without bail 10 police officials alleged to be involved in the deaths, but one official has since died from COVID-19. The trial of the remaining nine was underway.
Killings by government and nongovernment forces were reported in Jammu and Kashmir, northeastern states, and Maoist-affected areas of the country (see section 1.g.). The South Asia Terrorism Portal reported the deaths of 23 civilians throughout the country as a result of terrorism as of November 27.
In July police arrested five persons in connection with 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.
Terrorists committed numerous killings. Maoist terrorists in Jharkhand and Bihar continued to attack security forces and infrastructure facilities, including roads, railways, and communication towers.
Terrorists killed 10 political party leaders in Jammu and Kashmir. On August 9, terrorists fatally shot Bharatiya Janata Party (BJP) leader Gulam Rasool Dar and his wife in Anantnag District. Apni Party leader Ghulam Hassan Lone was killed by terrorists on August 19 in Kulgam District.
There were allegations police failed to file required arrest reports for detained persons, resulting in unresolved disappearances. Police and government officials denied these claims. The central government reported state government screening committees informed families regarding the status of detainees. There were reports that prison guards sometimes required bribes from families to confirm the detention of their relatives.
Disappearances attributed to government forces, paramilitary forces, and terrorists occurred in areas of conflict during the year (see section 1.g.).
On March 31, UN special rapporteurs asked the central government to provide details regarding allegations of arbitrary detention, extrajudicial killings, and disappearances in Jammu and Kashmir, including the status of Naseer Ahmad Wani, who disappeared in 2019 after being questioned by army soldiers.
The Association of Parents of Disappeared Persons, Kashmir (APDP) reported two cases of disappearances during the year, one in Bandipora District of North Kashmir in July and another in Baramullah in June. Both persons remained missing, and the APDP claimed the National Human Rights Commission declined to investigate the cases.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture, but there were reports that police forces employed such practices.
Police beatings of prisoners resulted in custodial deaths (see section 1.a.).
The law does not permit authorities to admit coerced confessions into evidence, but nongovernmental organizations (NGOs) alleged authorities used torture to coerce confessions. Authorities allegedly also used torture 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.
On May 23, Karnataka police suspended Subinspector Arjun Honkera after Punith K.L, a Dalit man, filed a complaint against Honkera for forcing him to lick the urine of another inmate while he was in police custody. The complainant also alleged police beat him for hours. The Criminal Investigation Department of the Karnataka police arrested Honkera on September 2.
The government authorized the National Human Rights Commission (NHRC) to investigate rape cases involving police officers. By law the NHRC may also request information regarding 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.
Victims of crime were sometimes subjected to intimidation, threats, and attacks.
There were reports of security forces acting with impunity, but members were also held accountable for illegal actions. In December 2020 the army indicted an officer and two others for extrajudicial killings in Jammu and Kashmir; a court trial was underway. Jammu and Kashmir police also filed local charges against the accused.
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 2020 report released in December, there were 1,306 prisons in the country with a total authorized capacity of 414,033 persons. The actual incarcerated population was 488,511. Persons awaiting trial accounted for approximately 76 percent of the prison population. The law requires detention of juveniles in rehabilitative facilities, but at times authorities detained juveniles in adult prisons, especially in rural areas. Authorities often held pretrial detainees with convicted prisoners. The PSI 2020 report acknowledged overcrowding as “one of the biggest problems faced by prison inmates.”
According to the India Justice Report 2020, in Uttar Pradesh each correctional officer is responsible for more than 25,000 inmates. In 21 states and union territories, the occupancy rate for prisons was more than 100 percent. The most crowded prisons were Delhi (at 175 percent of capacity), Uttar Pradesh (at 168 percent), and Uttarakhand (at 159 percent).
In May the Odisha Directorate of Prisons set up an exclusive ward in Bhubaneswar to house up to 10 transgender persons. The ward had beds, separate washroom blocks, a hall, and a reading room. State officials announced that similar exclusive wards for transgender persons will be opened in all other prisons in a phased manner. A representative of the transgender community welcomed the move, pointing out that there were previous reports of sexual harassment of transgender inmates held in the regular wards.
On May 7, the Supreme Court ordered state law enforcement agencies to reduce arrests and decongest prisons. The Supreme Court issued a similar ruling in March 2020, which ordered states and union territories to release certain prisoners on parole or interim bail. The state governments of Goa, Chhattisgarh, Madhya Pradesh, Gujarat, and Maharashtra independently ordered their prison systems to parole or furlough inmates to reduce prison overcrowding during the COVID-19 pandemic.
Administration: Authorities permitted prisoners to register complaints with state and national human rights commissions, but the authority of the commissions extended only to making recommendations. 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, but some family members claimed authorities denied access to relatives, particularly in areas experiencing high levels of violence, including Jammu and Kashmir.
Independent Monitoring: The NHRC received and investigated prisoner complaints of human rights violations throughout the year. Civil society representatives believed few prisoners filed complaints due to fear of retribution from prison guards or officials.
The NHRC made unannounced visits to monitor state prisons in multiple states. NHRC special rapporteurs visited state prisons on a regular basis throughout the year to verify that authorities provided medical care to all inmates. The NHRC has not publicly released reports on their findings. NHRC jurisdiction does not extend to military detention centers.
Courts sometimes ordered prisoners released on bail to receive medical treatment.
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 2019 abrogation of autonomous status for Jammu and Kashmir, authorities used a public safety law to detain local politicians without trial, but most were subsequently released. Media reports indicated some of those released were asked to sign bonds agreeing not to engage in political activity after release. A few prominent politicians declined to sign and were still released. Former Jammu and Kashmir chief minister Mehbooba Mufti, who was released in October 2020, alleged that she was frequently subjected to periods of house arrest.
On February 13, New Delhi police arrested climate activist Disha Ravi in Bengaluru on sedition charges. The authorities accused Ravi of creating and sharing a document that included instructions on fomenting violence. After Ravi spent 10 days in jail, a New Delhi court granted her bail on February 23, noting a citizen’s right to dissent from the government.
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, but 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 law was not always observed.
Due to delays in completing repatriation procedures, foreign nationals often remained incarcerated beyond the expiration of their sentences, including those charged under the immigration act for irregular entry or stay. The PSI 2020 noted a category of 765 “other” prisoners pending release; experts analyzing the previous editions of the PSI report stated this category most likely represented those who had completed sentences but had not yet been released. This included approximately 270 Rohingya arrested for illegal entry, of whom 147 had reportedly completed their sentences.
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 instances where these provisions were not followed in Odisha, Manipur, Andhra Pradesh, and Maharashtra. 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.
The designation as a disturbed area under 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, and again in June in Nagaland, which has been under the AFSPA for nearly six decades. It was also extended in Assam, Manipur, and in three districts of Arunachal Pradesh. On December 27, the Ministry of Home Affairs announced the creation of a committee to review the continuation of the AFSPA in Nagaland.
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.
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. The press reported that the number of PSA detentions rose to 331 from 134 in 2020.
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 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 from January 2020 showed that 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. According to the India Justice Report 2020, one in four court cases have been pending for more than five years.
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 it 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 NCRB Crime in India 2020 report released in September revealed that 796 new UAPA cases were registered in 2020.
In 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.
States and union territories with terrorist activity, including Manipur and Jammu and Kashmir, also saw an increase in the application of the UAPA. Media reported that since 2019, the Jammu and Kashmir administration had booked more than 2,300 persons in approximately 1,200 cases under the UAPA. Of those, 46 percent remained in jail as of August, according to government figures.
On November 23, Kashmiri human rights defender Khurram Parvez was arrested by the NIA for “terror funding” and “conspiracy”; both his home and office were raided. His arrest was immediately criticized by domestic and international civil society. UN Special Rapporteur on the Situation of Human Rights Defenders Mary Lawlor and other UN experts called for his immediate release in a joint statement on December 22.
In September 2020 former Jawaharlal Nehru University student leader Umar Khalid was arrested under the UAPA for making a speech during protests against the Citizenship Amendment Act, 2019 (CAA). He remained in jail and claimed prosecutors were delaying the start of his trial. In a related case, the Delhi High Court ordered the release of student leaders Asif Iqbal Tanha, Natasha Narwal, and Devangana Kalita in June. The three had been charged under the UAPA for allegedly conspiring to incite the 2020 Delhi riots.
Multiple courts have denied bail to the majority of 15 activists incarcerated on conspiracy charges related to the Elgaar Parishad Bhima Koregaon protests that resulted in several deaths. The accused claimed the charges were politically motivated. On February 21, the Bombay High Court granted conditional bail on medical grounds for six months to Varvara Rao, an 81-year-old human rights activist, following his hospitalization for COVID-19 in June 2020. The NIA petitioned for Rao’s return to prison following several bail extensions despite his health’s improvement; in December the Bombay High Court ordered the matter be discussed during a further hearing early in 2022.
On July 5, 84-year-old human rights activist and Jesuit priest Father Stan Swamy died in a private hospital after contracting COVID-19 in prison. A NIA Special Court had rejected multiple bail pleas submitted on medical grounds, including Swamy’s diagnosis of Parkinson’s disease, other age-related illnesses, and multiple falling incidents in prison, in the months following Father Swamy’s arrest in October 2020. Activist Sudha Bharadwaj was released on bail in December.
Arbitrary Arrest: The law prohibits arbitrary arrest or detention, but in some cases, police reportedly continued to arrest persons arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants.
On March 9, paramilitary personnel and local police of the Dantewada District in Chhattisgarh detained human rights activist Hidme Markam without a warrant during an event to recognize International Women’s Day and Adivasi rights. She remained in jail after charges were filed under the UAPA.
On June 15, police in Jammu and Kashmir detained political activist Sajad Sofi after he criticized government officers who were posted in Jammu and Kashmir from other parts of the country. Sofi was released four days later.
Pretrial Detention: NCRB data reported 371,848 prisoners were awaiting trial at the end of 2020, totaling 76 percent of the country’s prison population. Media reported the high numbers of pretrial detainees contributed to prison overcrowding.
The Telangana Prisons Department stated that since 2019 a total of 429 persons facing trial remained in prisons despite securing bail. The report noted the accused belonged to low-income families that did not have sufficient money to pay for bail. Telangana officials said COVID-19 had hampered the activities of the NGOs that visit prisons and pay bail money.
The law provides for an independent judiciary and the government generally respected judicial independence, but the judicial system experienced 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 January, there were 402 judicial vacancies out of 1,098 positions on the country’s 25 high courts.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
While the constitution does not contain an explicit right to privacy, the Supreme Court ruled in 2017 that privacy is a “fundamental right.”
The law, with some exceptions, prohibits arbitrary interference. The government generally respected this provision; at times authorities infringed upon the privacy rights of citizens. The law requires police to obtain warrants to conduct searches and seizures, except for cases in which such actions would cause undue delay. Police must justify warrantless searches in writing to the nearest magistrate with jurisdiction over the offense.
Both the central and state governments legally intercepted communications. A Group of Experts on Privacy convened in 2018 by the central government noted the country lacked a comprehensive consumer data-protection framework.
The UAPA also allows use of evidence obtained from intercepted communications in terrorism cases. In Jammu and Kashmir, Punjab, and Manipur, security officials have special authorities to search and arrest without a warrant.
There were reports that government authorities accessed, collected, or used private communication arbitrarily or unlawfully or without appropriate legal authority and developed practices that allow for the arbitrary or unlawful interference with privacy, including the use of technology to arbitrarily or unlawfully surveil or interfere with the privacy of individuals.
Privacy concerns were raised by The Wire, an online media outlet, that published a series of stories alleging dozens of journalists were potential targets for surveillance by Pegasus malware developed by NSO Group Technologies. The Wire cited forensic analysis conducted by Amnesty International on phone numbers that showed signs of either attempted or successful infiltration. In October the Supreme Court ordered an independent probe on these allegations.
The government denied conducting surveillance activities that violated laws or formally established procedures. Laws permit the government to intercept calls to protect the sovereignty and integrity of the country, the security of the state, friendly relations with foreign states, for public order, or for preventing incitement to the commission of an offense.
g. Conflict-related Abuses
The country’s armed forces, the security forces of individual states, and paramilitary forces engaged with terrorist groups in several northeastern states and Jammu and Kashmir, and with Maoist terrorists 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 northeastern states, Jharkhand, and Bihar. The armed forces and police also engaged with 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. Human rights groups claimed police sometimes refused to release bodies. 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.
Killings: Terrorists used violence against the state, including killings, while government security forces conducted operations against these groups sometimes leading to the deaths of intended targets or nonparticipants.
On October 8, Parvez Ahmad Bokda died when members of the Central Reserve Police Force opened fire in what they claimed was self-defense at a checkpoint in Jammu and Kashmir. Local observers said the death was the result of “disproportionate force” and pressed for action against the security personnel involved. On October 24, Shahid Ajaz was killed in crossfire between security forces and terrorists, according to initial police reports. Media reported 12 civilian deaths in Jammu and Kashmir by terrorist or security forces in October.
On April 3, Maoist terrorists killed 22 members of security forces in Chhattisgarh. The ambush marked the largest death toll for security forces battling the guerrillas since 2017.
Maoist insurgents allegedly killed former colleagues on suspicion of acting as informants for law enforcement. Korra Pilku of Andhra Pradesh and Santosh Dandasena of Odisha were allegedly killed for working with police officials.
Abductions: Human rights groups maintained that insurgent groups abducted persons in Chhattisgarh, Manipur, Jharkhand, and Jammu and Kashmir.
Maoist groups in Chhattisgarh used abduction to intimidate law enforcement and the local population. Media reports alleged Maoists killed Constable Sannu Punem after abducting him in Bijapur District of Chhattisgarh. Additionally, Maoist rebels were suspected of kidnapping 11 persons who attended a police recruitment event.
Physical Abuse, Punishment, and Torture: There were reports government security forces tortured and mistreated insurgents in custody and injured demonstrators. Human rights activists alleged some prisoners were tortured or killed during detention.
The postmortem report on A Velmurugan, a member of a Maoist terrorist group killed by anti-insurgency forces in Kerala in November 2020, showed he “sustained 44 lacerated penetrative and nonpenetrative wounds on all sides of his body,” leading human rights activists to allege torture.
Waheed-Ur-Rehman Parra, a Kashmiri politician detained by the National Intelligence Agency on alleged terrorist charges, was granted bail in January. On March 31, UN Special Rapporteur on Torture Nils Melzer cosigned a report raising concerns of Parra’s alleged torture in custody. The government denied these allegations, and soon after the report was made public, Parra was re-arrested. Parra was still in custody at year’s end.
Child Soldiers: In May the United Nations released the Children and Armed Conflict report, which identified the recruitment of two minors by unidentified perpetrators. The United Nations also stated it was investigating reports that security forces used three minors for less than 24 hours.
Insurgent groups reportedly recruited teenagers for support roles. There were reports terrorist groups recruited children from schools in Chhattisgarh.
On July 27, the federal minister of state for home affairs informed parliament that Maoist terrorists in Chhattisgarh and Jharkhand states were recruiting children and providing them military training.
Speaking at the UN Security Council’s Open Debate on Children and Armed Conflict on July 28, the foreign secretary called for an end to impunity for all those involved in recruiting child soldiers. He called for greater accountability and sincere efforts in bringing the perpetrators to justice.
Other Conflict-related Abuse: In 2020 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 violent intimidation that included murders, destruction of temples, and rapes by Kashmiri Muslim residents.
In March the Ministry of Home Affairs informed parliament that 3,800 Kashmiri Pandit migrants had returned to Jammu and Kashmir since the 1990s, 520 of whom had returned after August 2019. In July the Ministry of Home Affairs reported to parliament that 1,997 candidates from the Kashmiri Pandit community had been selected for jobs in Jammu and Kashmir.
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 South Asia Terrorism Portal’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 security operations sought not only to suppress terrorism but also to force tribal populations from their land.
Section 2. Respect for Civil Liberties
The constitution provides for freedom of expression, but it does not explicitly mention freedom of the press. The government generally respected this right, but there were 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 terrorists and extremists perpetrating killings, violence, and intimidation against journalists critical of the government.
Freedom of Expression: Individuals routinely criticized the government publicly and privately via online platforms, television, radio, or in print media. According to the HRW World Report 2021, the government “increasingly harassed, arrested, and prosecuted rights defenders, activists, journalists, students, academics, and others critical of the government or its policies.” Harassment and detainment of journalists critical of the government in their reporting or social media messaging continued.
Freedom House’s Freedom in the World 2021 report downgraded the country’s ranking from “Free” to “Partly Free,” due in part to “a crackdown on expressions of dissent by media, academics, civil society groups, and protesters.” The Freedom House report stated authorities used security, defamation, sedition, and hate speech laws, as well as contempt-of-court charges, to curb critical voices. Media contacts said that some media outlets practiced self-censorship in response to the government reportedly withholding public-sector advertising from some outlets critical of the government.
On January 1, Madhya Pradesh police arrested stand-up comedian Munawar Faruqui and four other persons for offending religious sentiments with jokes he allegedly planned to perform. The Supreme Court granted Faruqui bail in February, stating the allegations against him were vague.
On February 1, the government ordered Twitter to block accounts belonging to journalists covering the protests against agricultural reform laws, stating the order was to prevent a potential escalation of violence. Twitter initially complied with the government’s request, but subsequently restored access to the accounts after conducting an internal review.
On May 13, Manipur police arrested social activist Erendro Leichombam for a Facebook post critical of a BJP leader who advocated cow dung and cow urine as cures for COVID-19. On July 19, the Supreme Court granted bail to Leichombam, who was previously kept in preventive detention under the National Security Act after being granted bail by a lower court.
On July 24, Tamil Nadu police arrested Father George Ponnaiah, a Catholic priest, for alleged hate speech against the prime minister and home minister. The priest was attending a July 18 meeting honoring deceased tribal rights activist Father Stan Swamy. The court remanded Ponnaiah to judicial custody for 15 days, and the Madras High Court granted conditional bail on August 10.
Freedom of Expression for Members of the Press and Other 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, including streaming services; and publication or distribution of books.
There were reports from journalists and NGOs that government officials at both the local and national levels were involved in 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.
NGOs alleged criminal prosecutions and investigations were used to intimidate journalists critical of the government.
The Reporters without Borders 2021 World Press Freedom Index described the country as very dangerous for journalists, with press freedom violations by police, political activists, criminal groups, and local officials. The report also identified “coordinated hate campaigns waged on social networks,” encouraging threats against journalists as a major area of concern. Harassment and violence were particularly acute for female journalists. Journalists working in Jammu and Kashmir continued to face barriers to free reporting through communications and movement restrictions.
In Jammu and Kashmir at least six journalists were assaulted, detained, or questioned by police through August according to the Jammu Kashmir Coalition of Civil Society. In 2020 the government introduced a new media regulation in Jammu and Kashmir empowering local administration to determine “fake and antinational news” and to initiate criminal charges against journalists. The Kashmir Press Club protested the policy and alleged that the government was institutionalizing intimidation by exploiting the policy against media platforms critical of the government.
In January, Uttar Pradesh, Haryana, Gujarat, Karnataka, and New Delhi police filed charges against India Today anchor Rajdeep Sardesai; National Herald senior consulting editor Mrinal Pande; Qaumi Awaz editor Zafar Agha; the Caravan founder Paresh Nath, editor Anant Nath, and executive editor Vinod K. Jose; and Member of Parliament Shashi Tharoor. The charges included sedition, intent to cause riot, and other charges through their coverage of a violent January 26 protest. The Supreme Court granted the individuals a stay of arrest on February 9.
On March 5, journalists Shafat Farooq and Saqib Majeed said they were beaten by police during a protest in Srinagar. On July 17, Kashmiri journalist Aakash Hassan was allegedly assaulted by police. In August, Jammu and Kashmir police detained and questioned journalist Irfan Malik concerning tweets critical of the Jammu Kashmir government’s film promotion policy.
On April 7, Jammu and Kashmir Police inspector general Vijay Kumar issued a warning that police would file criminal charges against journalists who approached ongoing police counterterrorism operations, on the grounds that such reporting was “likely to incite violence” or promote “antinational sentiment.” The Editors Guild of India criticized the prohibitions as “draconian and undemocratic.”
Media reported criminal charges were filed against individuals who posted requests for oxygen supplies via social media during the second wave of the COVID-19 pandemic. On April 28, police in Amethi, Uttar Pradesh, filed charges against 26-year-old Shashank Yadav for tweeting a plea for oxygen for his grandfather. On April 30, the Supreme Court warned that states should protect citizens’ right to communicate their grievances regarding the COVID-19 pandemic on social media.
On June 15, Uttar Pradesh police filed charges against Twitter; online news platform The Wire; journalists Rana Ayyub, Saba Naqvi, and Mohammad Zubair; and Congress leaders Salman Nizami, Masqoor Usmani, and Sama Mohammad for “stoking communal unrest” by posting video footage of the assault of an elderly Muslim man.
On July 22, the Income Tax Department searched 32 office and residential locations affiliated with the Dainik Bhaskar Group, publisher of Dainik Bhaskar, the country’s second-most-read Hindi language newspaper. The Income Tax Department also raided the offices of Hindi language television station Bharat Samachar. Government sources asserted the raids were a result of alleged tax evasion by the media groups. The media groups claimed the raids were conducted as retaliation for investigative reporting during the second wave of the COVID-19 pandemic.
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, police summoned journalists Naseer Ganai and Haroon Nabi 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 Media Policy – 2020, a policy 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 from 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; she was charged with violating the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sections of the penal code regarding printing defamatory matter and negligent acts likely to spread infection of disease dangerous to life. Police also charged the Mumbai-based editor in chief of Scroll.in. 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 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 to 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 selected books that contained material government officials deemed could be inflammatory or provoke communal or religious tensions.
On May 14, Andhra Pradesh police filed sedition charges against Telugu news channels TV5 and ABN Andhra Jyothi for broadcasting the speeches and statements of Member of Parliament K. Raghu Ramakrishna Raju that allegedly “promoted enmity and hatred among different communities.” Police arrested Raju and filed sedition charges against him. On May 21, the Supreme Court granted bail to the lawmaker; on May 31, the Supreme Court blocked Andhra Pradesh police from acting against the two channels.
Violence and Harassment: The Committee to Protect Journalists reported five journalists were killed during the year. Journalists were threatened online with violence and, in the case of female journalists, rape.
On March 24, Syandan Patrika journalist Bikash Das was assaulted in Tripura while covering a story on corruption. A group of assailants attacked Das, inflicting serious injuries before he was able to escape.
On June 13, Uttar Pradesh journalist Sulabh Srivastava was found dead under mysterious circumstances. On the day before his death, Sulabh wrote to seek protection from Uttar Pradesh police, claiming he faced danger after reporting on organized crime in the city. Police reported the cause of Srivastava’s death as a motorcycle accident.
In July photojournalist Masrat Zahra, who relocated to Germany after UAPA charges were filed against her, alleged her parents were beaten by Jammu and Kashmir police because of her work.
On August 8, journalist Chennakeshavalu was stabbed to death by two suspects allegedly for his reporting on illegal gambling activities in Andhra Pradesh. Police arrested Venkata Subbaiah, a police officer, and his brother Nani for suspected murder.
Online and mobile harassment was prevalent, and reports of internet “trolling,” continued to rise. In some instances police used information provided by anonymous social media users as a pretext to initiate criminal proceedings against journalists.
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 in Article 19 of the constitution.
On February 25, the government published new regulations to govern social media platforms, messaging services, and streaming service that delivers content directly to the consumer over the internet. Human rights advocates and journalists expressed concerns that these rules would curtail freedom of speech and expression, and several media organizations filed legal actions against the regulations. They contended that parts of IT Rules 2021 are unconstitutional and contrary to the necessity and proportionality standard laid down by the Supreme Court in the 2018 Puttaswamy v. India decision guaranteeing the right to privacy in the constitution. In response to one such challenge on August 14, the Mumbai High Court ordered a stay on implementation of Rules 9(1) and 9(3) of the IT Rules 2021, which require digital news media and online publishers to adhere to a prescribed code of ethics and establish a three-tier grievance redressal mechanism.
Libel/Slander Laws: Individuals continued to face legal action for posting offensive or derogatory material on social media. In January the Delhi High Court dismissed a criminal defamation case filed by a former senior official against Priya Ramani, accusing Ramani of sexual harassment. The court noted, “a woman cannot be punished for raising her voice against sexual abuse.”
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.
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/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights.
In-country Movement: The central government relaxed restrictions on travel by foreigners to Arunachal Pradesh, Nagaland, Mizoram, Manipur, and parts of Jammu and Kashmir, excluding foreign nationals from Pakistan, China, and Burma. The Ministry of Home Affairs and state governments required citizens to obtain special permits when traveling to certain states. Inner Line Permits are required in the states of Arunachal Pradesh, Nagaland, Mizoram, and Manipur.
Foreign Travel: The government may legally deny a passport to any applicant for engaging in activities outside the country “prejudicial to the sovereignty and integrity of the nation.”
The government delayed issuance and renewal of passports to citizens from Jammu and Kashmir, sometimes for up to two years. The government reportedly subjected applicants born in Jammu and Kashmir, including children born to military officers deployed there, to additional scrutiny and police clearances before issuing them passports.
Citizenship: In 2019 parliament passed the Citizenship Amendment Act, which provides an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities from Afghanistan, Bangladesh, and Pakistan. The act does not include Muslims from those countries and does not apply to the tribal areas of Assam and Tripura, most of Meghalaya, Mizoram, Manipur, Nagaland, Arunachal Pradesh, or Tripura. Following passage of the act, widespread protests against its passage and the exclusion of Muslims from the statute occurred throughout the country, leading to arrests, targeted communications shutdowns, bans on assembly, and deaths in a few instances.
On July 27, the minister of state for home affairs notified parliament that the government required additional time to further develop and notify the rules for the CAA, effectively meaning that the law was not in effect during the year.
Approximately 1.9 million residents of the state of Assam, which borders Bangladesh, were left off the Supreme Court-mandated National Register of Citizens (NRC) register in Assam. The government established procedures for appeals. The nationality status of those excluded remained unclear, pending the adjudication of appeals. On May 13, Assam’s NRC authorities requested Supreme Court permission for a reverification of the NRC list.
Settlements of internally displaced persons (IDPs) existed throughout the country. In 2020 approximately 3,900 persons were displaced because of conflicts and violence, while natural disasters displaced almost four million persons.
Precise numbers of those displaced by conflict or violence were difficult to obtain 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 matter 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 allowed NGOs and human rights organizations access to IDPs; neither access nor assistance was standard for all IDPs or all situations.
On April 20, nearly 400 families of Mizoram’s Bru tribe left a temporary camp and relocated to permanent homes. Since 1997, nearly 37,000 Brus have lived in six relief camps after they fled Mizoram’s Mamit, Kolasib, and Lunglei Districts. In 2020 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 government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing minimal protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern. While UNHCR does not have an official agreement with the government, it is able to assist asylum seekers and refugees from noncontiguous countries. UNHCR did not have direct access to newly arriving refugees on the country’s border with Burma or protracted Sri Lankan refugees in Tamil Nadu.
The country hosted a large refugee population, including more than 73,404 Tibetan refugees, per the latest census conducted by Central Tibetan Relief Committee. More than 92,000 refugees from Sri Lanka lived in the country as of July 1. In February, Burmese nationals fleeing violence in Burma began arriving in Mizoram, Manipur, and Nagaland states. The estimated number of Burmese refugees varied widely from approximately 5,000 to 20,000. A protection working group consisting of civil society and humanitarian organizations provides basic humanitarian assistance to this population.
UNHCR reported 736 Afghans registered for protection between August 1 and September 30, and it established a telephone helpline to answer queries from this population. The Ministry of Home Affairs announced an emergency e-visa for Afghan nationals seeking emergency entry into India on August 17 after the collapse of the previous Afghan government. On September 5, a Ministry of Home Affairs official stated that no Afghan national would be required to leave the country without prior approval of the Home Ministry.
The courts protected refugees and asylum seekers in accordance with the constitution. The Supreme Court, however, issued an order allowing the deportation of a group of Rohingya on April 8. The group of more than 150 Rohingya were detained on March 6 for illegally residing in Jammu and Kashmir. The government argued Rohingya were illegal migrants who had crossed the border. They enjoyed equal protection of law, but their right to movement was restricted.
In many cases refugees and asylum seekers under UNHCR’s mandate reported increased obstacles to regularizing their status through long-term visas and residence permits.
Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Absent a legal framework, the government sometimes granted asylum on a situational basis on humanitarian grounds in accordance with international law. This approach resulted in varying standards of protection for different refugee and asylum-seeker groups. The government recognized refugees from Tibet and Sri Lanka and generally honored UNHCR decisions on refugee status determination for individuals from other countries.
UNHCR maintained an office in New Delhi, where it registered refugees and asylum seekers, made refugee status determinations, and provided some services. The government permitted UNHCR and its partner staff access to refugees in other urban centers and allowed it to operate in Tamil Nadu to assist with Sri Lankan refugee repatriation. Access to some refugees or asylum seekers in detention was granted.
The government generally permitted NGOs, international humanitarian organizations, and foreign governments access to Sri Lankan refugee camps and Tibetan settlements, but it generally denied access to asylum seekers in Mizoram, Manipur, and Jammu and Kashmir. The government denied requests for some foreigners to visit Tibetan settlements in Ladakh.
After the end of the Sri Lankan civil war, the government ceased registering Sri Lankans as refugees. The Tamil Nadu government cooperated with UNHCR by providing exit permission for Sri Lankan refugees to repatriate voluntarily; however, UNHCR did not have access to Sri Lankan refugees who remained in Tamil Nadu.
Excluding Tibetan and Sri Lankan refugees, 43,157 persons of concern were registered by UNHCR as of the end of August.
Refoulement: The government advocated for the return of refugees to Burma. According to UNHCR, at least 26 non-Rohingya refugees (of an estimated 40,000) have been deported since late 2016.
On April 2, Assam police took a 14-year-old Rohingya girl from a shelter home to the international border in Manipur for deportation to Burma. Burmese immigration officials reportedly refused to accept the girl, and police returned the girl to the shelter home.
On May 3, the High Court of Manipur granted seven Burmese nationals who illegally entered the country permission to approach the UNHCR office in New Delhi. The High Court interpreted Article 21 of the constitution as protecting the principle of nonrefoulement.
On August 9, the minister of state for defense informed parliament that 8,486 Burmese refugees entered the country after the military coup in February. The minister noted that 5,796 refugees were “pushed back” into Burma while 2,690 remained in the country.
Abuse of Migrants and Refugees: The law does not contain the term “refugee,” treating refugees as any other foreigner. Undocumented physical presence in the country is a criminal offense. Persons without documentation were vulnerable to detention, forced returns, and abuse. The country historically treated persons as refugees based on the merits and circumstances of the cases.
Refugees reported exploitation by nongovernment actors, including assaults, gender-based violence, fraud, and labor and sex trafficking. Most urban refugees worked in the informal sector or in occupations such as street vending, where they suffered from police extortion, nonpayment of wages, and exploitation.
NGOs claimed law enforcement officials harassed and intimidated Rohingya refugees, including by confiscating UNHCR-issued refugee cards and government identification documents. NGOs also alleged Delhi police handcuffed, physically abused, and covered refugees’ heads with hoods while detaining them for routine questioning.
UNHCR continued to advocate for the release of detained refugees, for asylum seekers to freely move within the country and have their claims assessed, and for refugees to benefit from protection in the state where they arrived, and which has jurisdiction over them.
Freedom of Movement: UNHCR registered 43,157 refugees and asylum seekers as of August 31. This included 23,518 persons from Burma. On August 10, the minister of state for home affairs told the lower house of parliament the government did not have accurate data on the number of illegal migrants in the country and responded to questions from parliamentarians that there were reports of Rohingya migrants committing illegal activities.
The country hosted more than 92,000 Sri Lankan Tamil refugees. In August, 29 Sri Lankan Tamil refugees attempted suicide in two separate incidents at a detention camp in Tamil Nadu. Media reports stated nearly 80 Sri Lankan Tamils conducted a protest for weeks demanding their release and alleging false detention. The refugees were reportedly dissatisfied after meeting Tamil Nadu government officials in May who determined that their release would be delayed. Tamil Nadu has 107 refugee camps across the state, including one detention camp for refugees with criminal records.
Employment: Most UNHCR-registered refugees found employment in the informal sector. Some refugees reported discrimination by employers and landlords. According to UNHCR, obtaining formal employment was difficult for refugees because they did not possess government-issued documents such as long-term visas, which the government stopped issuing to refugees in 2017.
Access to Basic Services: Refugees and asylum seekers had access to housing, primary and secondary education, and health care. In cases where refugees were denied access, it was often due to a lack of knowledge of refugee rights by the service provider. In many cases UNHCR or its partners were able to intervene successfully and advocate for refugee access.
For asylum seekers UNHCR provided a letter upon registration indicating the person was being considered for UNHCR refugee status.
Sri Lankan refugees were permitted to work in Tamil Nadu. Police, however, reportedly summoned refugees back into the camps on short notice, particularly during elections and required refugees or asylum seekers to remain in the camps for several days.
On August 27, Tamil Nadu chief minister M.K. Stalin announced a special welfare package of 3.17 billion rupees ($42 million) for Sri Lankan Tamil refugees living in Tamil Nadu. The assistance will support refugee housing, cooking gas subsidies, and education allowances for refugee children. This allocation followed the disbursement of 4,000 rupees ($53) per Sri Lankan refugee family earlier in the year.
Government services, such as mother and child health programs, were available. According to a factsheet published by UNHCR in June, 6,561 refugees and asylum seekers were vaccinated against COVID-19 across the country during the year.
Refugees were able to request protection from police and courts as needed.
Durable Solutions: The government did not accept refugees for resettlement from other countries.
According to UNHCR an April 2020 moratorium on the repatriation of Sri Lankans remained in effect since the COVID-19 pandemic forced the suspension of commercial flight operations. A ferry project jointly proposed by the government and the government of Sri Lanka for the repatriation of refugees remained on hold. Departures for voluntary repatriation, third country resettlement, and complementary pathways continued.
By law parents confer citizenship, and birth in the country does not automatically result in citizenship. Any person born in the country on or after January 26, 1950, but before July 1, 1987, obtained citizenship by birth. A child born in the country on or after July 1, 1987, obtained citizenship if either parent was a citizen at the time of the child’s birth. Authorities consider those born in the country on or after December 3, 2004, citizens only if at least one parent was a citizen and the other was not illegally present in the country at the time of the child’s birth. Authorities considered persons born outside the country on or after December 10, 1992, citizens if either parent was a citizen at the time of birth, but authorities do not consider those born outside the country after December 3, 2004, citizens unless their birth was registered at a consulate within one year of the date of birth. Authorities may also confer citizenship through registration in specific categories and via naturalization after residing in the country for 12 years.
Children born in Sri Lankan refugee camps received birth certificates. While these certificates alone do not entitle refugees to citizenship, refugees may present birth certificates to the Sri Lankan High Commission to obtain a consular birth certificate, which entitles them to pursue Sri Lankan citizenship.
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.
Elections and Political Participation
Recent Elections: The Election Commission is an independent constitutional body responsible for administering all elections at the central and state level throughout the country. In May 2019 voters re-elected the BJP-led National Democratic Alliance in the country’s general elections, which involved more than 600 million eligible voters. During the year state assembly elections took place in Tamil Nadu, Kerala, Puducherry, West Bengal, and Assam. Observers considered these elections free and fair.
Political Parties and Political Participation: The constitution provides for universal voting rights for all citizens 18 and older. There are no restrictions placed on the formation of political parties or on individuals of any community from participating in the election process. The election law bans the use of government resources for political campaigning, and the Election Commission effectively enforced the law. The commission’s guidelines ban opinion polls 48 hours prior to an election and exit poll results may not be released until completion of the last phase (in a multiphase election).
Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they freely participated. The law reserves one-third of the seats in local councils for women. Religious, cultural, and traditional practices prevented women from proportional participation in political office. Nonetheless, women held many high-level political offices, including two positions as cabinet ministers. This represented a decline from the first Modi government when nine women served in the cabinet. The 2019 general election resulted in 78 women elected to the lower house of parliament, compared with 66 in the 2014 general election. The sole female chief minister leads West Bengal.
The constitution stipulates that, to protect historically marginalized groups and provide for representation in the lower house of parliament, each state must reserve seats for Scheduled Castes and Scheduled Tribes in proportion to their population in the state. Only candidates belonging to these groups may contest elections in reserved constituencies. Members of minority populations had previously served or currently served as prime minister, president, vice president, cabinet ministers, Supreme Court justices, members of parliament, and state chief ministers.