India is a multiparty, federal, parliamentary democracy with a bicameral legislature. The president, elected by an electoral college composed of the state assemblies and parliament, is the head of state, and the prime minister is the head of government. Under the constitution, the country’s 28 states and eight union territories have a high degree of autonomy and have primary responsibility for law and order. Electors chose President Ram Nath Kovind in 2017 to serve a five-year term, and Narendra Modi became prime minister for the second time following the victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party in the 2019 general election. Observers considered the parliamentary elections, which included more than 600 million voters, to be free and fair, although there were reports of isolated instances of violence.
The states and union territories have primary responsibility for maintaining law and order, with policy oversight from the central government. Police are under state jurisdiction. The Ministry of Home Affairs controls most paramilitary forces, the internal intelligence bureaus and national law enforcement agencies, and provides training for senior officials from state police forces. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.
Significant human rights issues included: unlawful and arbitrary killings, including extrajudicial killings perpetrated by police; torture and cases of cruel, inhuman, or degrading treatment or punishment by some police and prison officials; arbitrary arrest and detention by government authorities; harsh and life-threatening prison conditions; political prisoners or detainees in certain states; restrictions on freedom of expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech, censorship, and site blocking; overly restrictive rules on nongovernmental organizations; restrictions on political participation; widespread corruption at all levels in the government; lack of investigation of and accountability for violence against women; tolerance of violations of religious freedom; crimes involving violence and discrimination targeting members of minority groups including women based on religious affiliation or social status ; and forced and compulsory child labor, as well as bonded labor.
Despite government efforts to address abuses, a lack of accountability for official misconduct persisted at all levels of government, contributing to widespread impunity. Investigations and prosecutions of individual cases took place, but lax enforcement, a shortage of trained police officers, and an overburdened and underresourced court system contributed to a low number of convictions.
Separatist insurgents and terrorists in the Union Territory of Jammu and Kashmir, the Northeast, and Maoist-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and civilians, and recruitment and use of child soldiers.
The government continued taking steps to restore normalcy in Jammu and Kashmir by gradually lifting some security and communications restrictions. The government released most political activists from detention. In January the government partially restored internet access; however, high-speed 4G mobile internet remained restricted in most parts of Jammu and Kashmir. The government began a process to redraw electoral constituencies but did not announce a timeline for local assembly elections. Local district development council elections took place in December in which a coalition of Kashmiri opposition parties won the majority of seats.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, but it does not explicitly mention freedom of the press. The government generally respected this right, although there were several instances in which the government or actors considered close to the government allegedly pressured or harassed media outlets critical of the government, including through online trolling. There were also reports of extremists perpetrating acts of killing, violence, and intimidation against journalists critical of the government.
Freedom of Speech: Individuals routinely criticized the government publicly and privately. According to the HRW World Report 2020, sedition and criminal defamation laws were sometimes used to prosecute citizens who criticized government officials or state policies. In certain cases local authorities arrested or filed cases against individuals under laws against hate speech for expressions of political views. The harassment and detainment of journalists critical of the government in their reporting or social media messaging continued.
On August 14, a three-judge bench of the Supreme Court convicted prominent lawyer Prashant Bhushan for criminal contempt of court for two tweets that criticized the chief justice and the role played by the Supreme Court in the past six years. Bhushan was also facing contempt charges on another case relating to his comments in 2009 alleging judicial corruption. He was required to pay a symbolic fine of one rupee and express contrition before the court. According to media, more than 3,000 retired judges, lawyers, and eminent persons supported Bhushan and sent a petition to the Supreme Court stating that Bhushan’s tweets did not amount to contempt.
AII’s report Jammu and Kashmir After One year of Abrogation of Article 370 documented 14 instances of detention, police interrogations, and assaults on journalists. The government also introduced a new media regulation policy in Jammu and Kashmir empowering local administration to determine “fake and antinational news” and to initiate related action against journalists.
On February 15, Karnataka police arrested three engineering students of Kashmiri origin on sedition charges. According to police records, Basit Ashiq Ali, Talib Majeed, and Ameer Mohiuddin Wani recorded a video of themselves chanting slogans supporting Pakistan and posted the video on social media. They were arrested after college officials reported them to police. On June 10, the students were released on bail.
On February 20, Karnataka police booked student activist Amulya Leona on sedition charges for shouting pro-Pakistan slogans in her speech at a rally in Bengaluru protesting the CAA. A local court granted her bail on June 11.
On April 1, a complaint was against the founding editor of the news website The Wire, Siddharth Varadarajan, for his tweet referencing a report that the Uttar Pradesh chief minister, Yogi Adityanath, had insisted a religious gathering be held during the COVID-19 lockdown. Although a correction was issued, the complaint was filed under Sections 66D and 67 of Information Technology Act 2000, Sections 188 and 505(2) of the Indian Penal Code, Section 54 of Disaster Management Act 2005 and Section 3 of Epidemic Diseases Act 1897. Varadarajan was granted bail on May 15. On May 11, Gujarat state police detained the editor and owner of Gujarati news website Face the Nation, Dhaval Patel, for publishing a report suggesting Gujarat’s chief minister might be replaced due to criticism over rising COVID-19 cases. Patel was charged with sedition and with spreading false panic. Patel was granted bail on May 27.
On May 19, the West Bengal government temporarily stopped the broadcast of Bengali news channel Calcutta News, which questioned the state government’s handling of the coronavirus pandemic, including allegations of underreporting coronavirus infection rates and death numbers and severe mismanagement of hospitals.
On May 20, Srinagar Police summoned The Kashmir Walla editor Fahad Shah for covering an encounter between militants and security forces. Shah alleged police claimed his stories “maligned” police and subjected him to five hours of questioning. The Srinagar police summoned Shah again on July 9 and October 4 on the same matter.
NGOs reported the arrest and detention of political and human rights activists who criticized the policies of Manipur’s state government. While some faced charges of sedition, promoting communal disharmony, public mischief, and criminal conspiracy, others were booked under the National Disaster Management Act. United NGOs Mission Manipur reported that on April 12, the Manipur state government arrested Robin Rongmei, a social activist, under the act for posting a video on Facebook that showed shortages of essential items for children in a shelter home during the lockdown.
On May 25, Kolkata police summoned Anirban Chattopadhyay, editor of the leading Bengali newspaper Anandabazar Patrika, for interrogation. Police summoned him because his newspaper reported on the inadequate supply of personal protective equipment for the staff of a hospital handling COVID-19 cases. On May 31, Chattopadhyay resigned his post as editor under pressure and to ease tensions with the government.
On June 5, Bengaluru police registered a case against former AII executive director Aakar Patel for a message he posted on Twitter that encouraged minority communities to emulate the racial justice protests abroad. Police booked Patel with intent to cause fear or alarm to the public, wantonly giving provocation with intent to cause riot, and abetting commission of an offense by the public. Patel’s Twitter account was temporarily removed but remained visible outside the country following registration of the charge.
Freedom of Press and Media, Including Online Media: Independent media were active and generally expressed a wide variety of views. The law prohibits content that could harm religious sentiments or provoke enmity among groups, and authorities invoked these provisions to restrict print media, broadcast media, digital media platforms, and publication or distribution of books.
According to several journalists, press freedom declined during the year. There were several reports from journalists and NGOs that government officials, at both the local and national levels, were involved in silencing or intimidating critical media outlets through physical harassment and attacks, pressuring owners, targeting sponsors, encouraging frivolous lawsuits, and in some areas blocking communication services, such as mobile telephones and the internet, and constraining freedom of movement.
The Reporters without Borders 2020 World Press Freedom Index identified press freedom violations by police, political activists, criminal groups, and corrupt local officials. Physical attacks and “coordinated hate campaigns waged on social networks” against journalists were cited as major areas of concern. Harassment and violence against journalists were particularly acute for female journalists. Journalists working in Jammu and Kashmir continued to face barriers to free reporting through communications and movement restrictions. According to the report, pressure on media to amplify government perspectives increased following the May 2019 national elections. Criminal prosecutions were often used to gag journalists critical of the authorities, including the use of a section of the penal code that includes sedition punishable by life imprisonment.
In February the Kashmir Press Club stated security agencies had routinely deployed intimidation tactics such as threats, summonses, and physical attacks on journalists in Jammu and Kashmir. On February 8, journalists Naseer Ganai and Haroon Nabi were to the police facility, where they were questioned for reporting on a statement by the Jammu Kashmir Liberation Front.
In June the Jammu and Kashmir government released the Media Policy-–2020, which authorizes the Directorate of Information and Publication Relations to “examine” the content of print, electronic, and other forms of media for “fake news, plagiarism, and unethical or antinational activities” in the name of law and order. Under the new media policy, government action could range from legal proceedings against journalists for “indulging in fake news, unethical or antinational activities, or plagiarism” to withholding advertisements to any media that “incite or tends to incite violence, question sovereignty and the integrity of India, or violate the accepted norms of public decency and behavior.”
On June 13, Uttar Pradesh authorities charged Scroll.in executive editor Supriya Sharma for a news report critical of the COVID-19 lockdown under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as under sections of the penal code regarding printing defamatory matter and negligent acts likely to spread infection of disease dangerous to life. Police also named the Mumbai-based editor in chief of Scroll.in in the first information report (FIR). On August 26, the Allahabad High Court granted Sharma protection from immediate arrest in the case but allowed the investigation to continue.
On July 1, UNESCO Director-General Audrey Azoulay called for authorities to end “gunpoint censorship” and prosecute those responsible for the killing of Shubham Mani Tripathi, a journalist for the newspaper Kampu Mail. Tripathi died on June 19 when he was shot six times by two gunmen while on his way home in Uttar Pradesh. His killing was allegedly in retaliation for his investigative reports into connections between illegal sand mining and corruption allegations. The two assailants, along with a third individual, were arrested.
The government maintained a monopoly on AM radio stations, limiting broadcasting to the state-owned All India Radio, and restricted FM radio licenses for entertainment and educational content. Widely distributed private satellite television provided competition for Doordarshan, the government-owned television network. There were accusations of political interference in the state-owned broadcasters. State governments banned the import or sale of some books that contained material government censors deemed could be inflammatory or provoke communal or religious tensions.
On March 6, the Union Ministry of Information and Broadcasting placed a 48-hour ban on two Malayalam news channels for broadcasting footage of the February riots in New Delhi, allegedly in violation of the Cable Network Television Network Act. Hours after the ban was imposed, the ministry revoked its order and restored the transmission of both channels.
On April 24, Tamil Nadu police arrested Andrew Sam Raja Pandian, the owner of a news platform, for reporting on alleged government corruption. A complaint was filed by a local government official who claimed the website was spreading false reports against the state government. A local court granted the media owner bail on April 28.
Violence and Harassment: There were numerous instances of journalists and members of media organizations reportedly being threatened or killed in response to their reporting. Police rarely identified suspects involved in the killing of journalists. The Committee to Protect Journalists reported at least 79 journalists had been killed between 1992 and 2020. According to the 2020 World Press Freedom Index, at least four journalists were killed in connection with their work as of December.
On March 3, unidentified assailants attacked Tamil Nadu-based journalist M. Karthi with an iron rod. In his police complaint, Karthi claimed the attack was related to his reporting on a dispute between two ruling party politicians in the region. On March 4, police detained two suspects for questioning in relation to the attack, including an official in Tamil Nadu’s All India Anna Dravida Munnetra Kazhagam party.
On August 11, Shahid Tantray, Prabhjit Singh, and a third unidentified female–all journalists for The Caravan magazine–were by a mob while reporting in New Delhi. Tantray reported that after identifying him as a Muslim, “the mob beat [him], punched on [his] neck and back, and tried to strangle [him] with the camera strap.” The Caravan stated the female journalist was sexually harassed. Police did not file a FIR or make arrests.
In September, Parashar Biswas, a journalist from the daily newspaper Syandan Patrika in Tripura, was beaten by unidentified individuals after he criticized Chief Minister Biplab Deb’s comments made against media outlets for publishing stories of alleged state mismanagement of the coronavirus crisis. The Tripura Assembly of Journalists condemned the attack and demanded the chief minister not further threaten reporters or media houses.
Online and mobile harassment was especially prevalent, and incidents of internet “trolling,” or making deliberately offensive or provocative online posts with the aim of upsetting someone, continued to rise. Journalists were threatened online with violence and, in the case of female journalists, rape.
On July 3, journalist Rana Ayyub screenshots of several death and rape threats received on Twitter, Facebook, and Instagram after she spoke out against the killing of a 65-year-old Srinagar resident. In one screenshot the social media user asked Ayyub to recall Gauri Lankesh, a journalist shot and killed in 2017.
Censorship or Content Restrictions: Citizens generally enjoyed freedom of speech, but the government continued to censor and restrict content based on broad public- and national-interest provisions under Article 19 of the constitution.
In February 2019 the minister of state in the Ministry of Communications told members of parliament the government had ordered the Department of Telecommunications to block 17,444 sites during the previous three years on the basis of recommendations of the Central Bureau of Investigation, the Ministry of Electronics and Information Technology, courts of law, and several other organizations.
On June 18, Uttar Pradesh filed a FIR against Scroll.in executive editor Supriya Sharma for a report on the adverse effects of the COVID-19 lockdown in Varanasi. Police acted on a complaint filed by an individual Sharma interviewed about the lockdown, who alleged that Sharma misrepresented her comments and identity. Scroll.in denied the charges against Sharma and stood by her reporting. The media outlet alleged the FIR was an “attempt to intimidate and silence independent journalism.” Local human rights activist Harsh Mander noted the FIR was part of a recent trend targeting journalists with legal actions. On June 18, Reporters without Borders said the charges were a “blatant attempt to intimidate one of India’s most resilient reporters.” According to reports, at least 55 journalists and editors were arrested or booked for reporting on the COVID-19 lockdown.
In 2018 the Ministry of Electronics and Information Technology revealed that 14,221 websites had been blocked since 2010. Between January and October 2019, the ministry issued blocking orders for an additional 20 websites.
Libel/Slander Laws: Individuals continued to be charged with posting offensive or derogatory material on social media.
On January 31, Karnataka police arrested the director of the Shaheen Primary and High School and a student’s mother for sedition after a school play was alleged to be critical of the CAA and “disrespectful” of Prime Minister Modi. On February 15, a district court released the two women on bail.
On April 18, police in Kashmir photojournalist Masrat Zahra under the UAPA for indulging in “antinational activities” on social media. In a statement police accused Zahra of “uploading antinational posts with criminal intention, uploading posts that glorify antinational activities and dent the image of law enforcing agencies besides causing disaffection against the country.” Zahra maintained she was sharing archival images that had already been published in different local and international social media platforms. The investigation continued at year’s end.
On April 23, the Jammu and Kashmir cyber police filed a FIR against Kashmiri author and journalist Gowhar Geelani for “glorifying terrorism in Kashmir” through social media posts. The police statement said Geelani was “indulging in unlawful activities through his posts and writings on social media platforms which [were] prejudicial to the national integrity, sovereignty and security of India.”
On May 18, Andhra Pradesh police arrested 66-year-old Ranganayaki Poonthota, following her Facebook post in which she questioned the government’s handling and police investigation of a styrene gas leak that killed at least 11 persons. She was arrested for making statements that create or promote enmity, indulging in wanton vilification, disobedience to order duly promulgated by public servant, and criminal conspiracy. The NGO Human Rights Forum described the case as a “brazen attack on free speech” and demanded withdrawal of the case.
National Security: In some cases government authorities cited laws protecting national interest to restrict media content. The government banned more than 200 Chinese mobile apps because they were “prejudicial” to the sovereignty and security of the country.
There were government restrictions on access to the internet, disruptions of access to the internet, censorship of online content, and reports the government occasionally monitored users of digital media, such as chat rooms and person-to-person communications. The law permits the government to block internet sites and content and criminalizes sending messages the government deems inflammatory or offensive. Both central and state governments have the power to issue directives for blocking, intercepting, monitoring, or decrypting computer information. The government continued to block telecommunications and internet connections in certain regions, often during periods of political unrest.
In January the Supreme Court declared access to the internet a fundamental right guaranteed by the constitution. In 2015 the Supreme Court overturned some provisions of the information technology law that restricted content published on social media but upheld the government’s authority to block online content “in the interest of sovereignty and integrity of India, defense of India, security of the State, and friendly relations with foreign states or public order” without court approval. In 2017 the Ministry of Communications announced measures allowing the government to shut telephone and internet services temporarily during a “public emergency” or for “public safety.” According to the measures, an order for suspension could be made by a “competent authority” at either the federal or the state level.
According to NGO Software Freedom Law Center, the central and state governments shut down the internet in different locations 106 times in 2019 and 76 times as of December 21. The center reported the longest shutdown occurred between August 4, 2019, and March 4 in Jammu and Kashmir. Authorities restored mobile 2G services in April and landline internet in August. Mobile 3G and 4G connections remained blocked as of December, although intermittent access was restored in certain districts.
AII documented 67 instances of government-enforced internet shutdowns in Jammu and Kashmir between January 14 and August 4. NGOs and professionals from the education and medical fields reported that frequent internet shutdown and denial of access to 4G internet presented problems to online education and COVID-19 mitigation measures.
In January the Supreme Court ruled that the indefinite shutdown of the internet in Jammu and Kashmir was illegal.
In December 2019, in response to protests concerning the passage of the CAA, internet shutdowns were implemented throughout the country. NGOs maintained that local officials often used a section of the code of criminal procedure relating to riots and civil disturbances as the legal basis for internet shutdowns.
Government requests for user data from internet companies increased dramatically. According to Facebook’s transparency report, the government made 49,382 data requests in 2019, a 32 percent increase from 2018. Google reported a 69 percent increase in government requests for user data in its 2019 Transparency Report, receiving 19,438 disclosure requests. Twitter’s Transparency Report indicated 1,263 account information requests from the government in 2019, a 63 percent increase from 2018.
In its Freedom in the World 2020 report, Freedom House noted the central government and state governments repeatedly suspended mobile internet services to curb collective action by citizens. NGOs also asserted the legal threshold for internet shutdowns was low and shutdown regulations were applied unevenly by executive branch officials with little or no legislative or judicial oversight.
Press outlets frequently reported instances in which individuals and journalists were arrested or detained for online activity, although NGOs noted there was little information about the nature of the activity or if it involved criminal or legitimate speech. Police continued to arrest individuals under the Information Technology Act for legitimate online activity, despite a 2015 Supreme Court ruling striking down the statute as unconstitutional, and which experts claimed was an abuse of legal processes.
The National Intelligence Grid (NATGRID), expected to begin functioning at year’s end, was proposed after the 11/26 terror attacks in Mumbai as a unified intelligence database to collect data and patterns of suspects from 21 organizations. NATGRID’s database was designed to link 11 national agencies with approximately 14,000 police stations throughout the country.
In July the Ministry of Electronics and Information Technology banned 59 mobile applications owned by China-based companies or otherwise linked to China, including the social media and communications platforms TikTok, WeChat, and Helo, citing national security reasons. As of year’s end, the ministry had banned more than 200 Chinese applications.
Academic Freedom and Cultural Events
The government occasionally applied restrictions on the travel and activities of visiting foreign experts and scholars. Academics continued to face threats and pressure for expressing controversial views. In August, Delhi police interrogated Delhi University academic and social activist Apoorvanand was interrogated by the Delhi police regarding his alleged association with the anti-CAA protests. Apoorvanand said in a public statement that, while an investigating agency was within its right to summon anyone for investigation, it should not lead to further harassment and victimization of protesters who asserted their democratic right to protest through constitutional means.
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.
Freedom of Peaceful Assembly
The law provides for freedom of assembly. Authorities often required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully. Jammu and Kashmir was an exception, where the state government sometimes denied permits to separatist political parties for public gatherings, and security forces reportedly occasionally detained and assaulted members of political groups engaged in peaceful protest (see section 1.g.). During periods of civil unrest in Jammu and Kashmir, authorities used the law to ban public assemblies and impose curfews.
Security forces, including local police, often disrupted demonstrations and reportedly used excessive force when attempting to disperse protesters. On August 28, AII stated that Delhi police committed serious human rights violations during the February communal riots in Delhi. AII claimed police personnel were “complicit and actively participating” in the violence that killed more than 50 persons, the majority of whom were Muslims.
There were some restrictions on the organization of international conferences. Authorities required NGOs to secure approval from the central government before organizing international conferences. Authorities routinely granted permission, although in some cases the approval process was lengthy. Some human rights groups claimed this practice provided the government tacit control over the work of NGOs and constituted a restriction on freedoms of assembly and association.
Freedom of Association
The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding. In other instances, the government canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations.
In September parliament passed amendments to the FCRA that placed additional limitations on the international funding of nongovernment organizations and would create significant operational barriers for the NGO community. Experts believed the new legislation would severely restrict the ability of smaller, regional organizations to raise funds and diminish collaboration between the government and civil society.
Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau.
Some NGOs stated they were targeted as a reprisal for their work on “politically sensitive” issues, such as human rights or environmental activism. In September, AII closed its offices after a two-year FCRA investigation resulted in the government freezing the NGO’s local bank accounts. AII asserted the Ministry of Finance’s Enforcement Directorate targeted their organization in retaliation for recent human rights reporting on the Delhi riots and Jammu and Kashmir. The Ministry of Home Affairs defended the actions noting “a significant amount of foreign money was also remitted to Amnesty (India) without the ministry’s approval under the FCRA. This mala fide rerouting of money was in contravention of extant legal provisions.” AII challenged the Enforcement’s Directorate’s actions in court. On December 16, the Karnataka High Court granted AII access to some of its funding from the frozen accounts and ordered the Enforcement Directorate to complete its investigation within 45 days.
In June 2019, acting on a Ministry of Home Affairs complaint, the CBI filed a FIR against Supreme Court advocate Anand Grover and the NGO Lawyers Collective, an organization run by Supreme Court advocate Indira Jaising, alleging discrepancies in the utilization of foreign funds. On July 11, the CBI accused Grover and Jaising of violating FCRA provisions and raided their home and offices. On July 25, the Bombay High Court stated the CBI allegation against Lawyers Collective–mixing FCRA funds with domestic funding–was “vague and arbitrary,” and it directed the CBI not to take any coercive steps in relation to the FIR until August 19. Civil society groups, including HRW and the International Commission of Jurists, criticized the CBI action as “dubious” and politically motivated.
c. Freedom of Religion
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights.
The country hosted a large refugee population, including more than 80,000 Tibetan refugees and approximately 95,230 refugees from Sri Lanka. The government generally allowed UNHCR to assist asylum seekers and refugees from noncontiguous countries and Burma. In many cases refugees and asylum seekers under UNHCR’s mandate reported increased obstacles regularizing their status through long-term visas (LTVs) and residence permits. Excluding Tibetan and Sri Lankan refugees, 40,068 persons of concern were registered by UNHCR; however, they were not granted legal status by the government.
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 upon arrival when traveling to certain restricted areas. In December 2019 the government extended the Inner Line Permit regime to Manipur, requiring all non-Manipuris to have the permit before they enter the state.
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 trend of delaying issuance and renewal of passports to citizens from Jammu and Kashmir continued, sometimes 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 December 2019 parliament passed the CAA, which provides an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities from Afghanistan, Bangladesh, and Pakistan. The act makes no provision for Muslims and does not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura. Following passage of the act, wide-scale protests against its passage and exclusion of Muslims occurred throughout the country, leading to arrests, targeted communications shutdowns, bans on assembly, and deaths in a few instances.
Approximately 1.9 million residents of the state of Assam, which borders Bangladesh, were left off the register of 32.9 million who applied for the National Register of Citizens (NRC) process in Assam, leaving the nationality status of those excluded unclear pending the adjudication of these claims and objections. The government established procedures for appeals against the NRC decisions. The official notification required to initiate the procedures in Assam remained pending. On January 6, the government informed the Supreme Court that children would not be separated from their parents or sent to detention centers because of the NRC in Assam. On February 4, the government informed parliament that it had not taken any decision to prepare the NRC at the national level. On March 18, the Ministry of Home Affairs filed an affidavit in the Supreme Court stating that preparation of the NRC was a “necessary exercise for any sovereign country for mere identification of citizens from noncitizens.” On December 23, 2019, Prime Minister Modi denied any intention by the central government to implement a nationwide NRC process outside of Assam, despite widespread speculation regarding the government’s intention to do so.
e. Status and Treatment of Internally Displaced Persons
Authorities located settlements of internally displaced persons (IDPs) throughout the country, including those containing groups displaced by internal armed conflicts in Jammu and Kashmir, Maoist-affected areas, the northeastern states (see section 1.g.), and Gujarat. In 2019 approximately 19,000 persons were displaced because of conflicts and violence, while natural disasters displaced more than five million persons.
Precise numbers of those displaced by conflict or violence was difficult because the government does not monitor the movements of displaced persons, and humanitarian and human rights agencies had limited access to camps and affected regions. While authorities registered residents of IDP camps, an unknown number of displaced persons resided outside the camps. Many IDPs lacked sufficient food, clean water, shelter, and health care (see section 1.g., Other Conflict-related Abuse).
National policy or legislation did not address the issue of internal displacement resulting from armed conflict or from ethnic or communal violence. The welfare of IDPs was generally the purview of state governments and local authorities, allowing for gaps in services and poor accountability. The central government provided limited assistance to IDPs, but it had access to NGOs and human rights organizations, although neither access nor assistance was standard for all IDPs or all situations.
In January the central government, along with the state governments of Tripura and Mizoram, signed an agreement with the leaders of the Mizoram Bru Displaced People’s Forum that allowed Brus to settle permanently in Tripura. The Brus are a scheduled tribe living in relief camps in Tripura as IDPs since 1997, when they fled Mizoram in the wake of ethnic clashes with the Mizo community. The agreement was intended to allot land and cash assistance to more than 30,000 persons from the Bru tribes in Tripura.
f. Protection of Refugees
UNHCR did not have an official agreement with the government but supported it in refugee protection and response.
Abuse of Migrants, Refugees, and Stateless Persons: 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 coming before them.
The courts protected refugees and asylum seekers in accordance with the constitution.
Refugees reported exploitation by nongovernment actors, including assaults, gender-based violence, fraud, and labor and sex trafficking. Problems of domestic violence, sexual abuse, and early and forced marriage also continued. According to NGOs, gender-based violence and sexual abuse were prevalent in the Sri Lankan refugee camps. 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.
Rohingya migrants continued to be detained in Assam, Manipur, and Mizoram. States such as Mizoram grappled with the detention of Rohingya migrants with little guidance from the central government on care and repatriation issues.
Refoulement: The government advocated for the return of Rohingya refugees, including potential trafficking victims, to Burma; at least four Rohingya, who were in detention, were returned to Burma in January. According to UNHCR, at least 26 non-Rohingya refugees had been deported since late 2016 out of an estimated 40,000.
The identity card issued by UNHCR was the only formal legal document available for Rohingya migrants in the country. As the expiration date for these cards approached, several Rohingya migrants abandoned their temporary shelter. Some relocated to other parts of India, while others fled the country.
In 2018 the Ministry of Home Affairs instructed state governments to identify Rohingya migrants through the collection of biometric data. The ministry directed state governments to monitor Rohingya and restrict their movements to specific locations.
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, including Afghanistan.
UNHCR continued to follow up on matters related to statelessness. UNHCR maintained an office in New Delhi where it registered refugees and asylum seekers from noncontiguous countries and Burma, made refugee status determinations, and provided some services. The office’s reach outside of New Delhi was limited. Nonetheless, the government permitted UNHCR staff access to refugees in other urban centers and allowed it to operate in Tamil Nadu to assist with Sri Lankan refugee repatriation. Authorities did not permit UNHCR direct access to Sri Lankan refugee camps, Tibetan settlements, or asylum seekers in Mizoram, but they permitted asylum seekers from Mizoram to travel to New Delhi to meet UNHCR officials. Authorities did not grant UNHCR or other international agencies access to Rohingya detained in Kolkata or Aizawl (Mizoram), nor were they granted access to any refugees or asylum seekers in detention. Refugees outside New Delhi faced added expense and time to register their asylum claims.
The government generally permitted other 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. 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 assisted UNHCR by providing exit permission for Sri Lankan refugees to repatriate voluntarily. The benefits provided to Sri Lankan Tamil refugees by the state government of Tamil Nadu were applicable only within the state.
Employment: The government granted work authorization to many UNHCR-registered refugees, and others found employment in the informal sector. Some refugees reported discrimination by employers. According to UNHCR, obtaining formal employment was difficult for refugees because they did not possess the necessary documents such as Aadhar (national identity) cards and long-term visas.
Access to Basic Services: Although the country generally allowed recognized refugees and asylum seekers access to housing, primary and secondary education, health care, and the courts, access varied by state and by population. Refugees were able to use public services, although access became more complicated during the year because many refugees were unable to acquire the digitized national identity card necessary to use some services. 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 was able to intervene successfully and advocate for refugee access. After issuing more than 7,000 long-term visas, which were renewable on a yearly basis for up to five years and provided access to formal employment, health care, and higher education, the government halted the practice in 2017. As of the end of 2019, only 35 UNHCR-registered refugees held unexpired long-term visas. For undocumented asylum seekers, UNHCR provided a letter upon registration indicating the person was under consideration for UNHCR refugee status.
According to the UNHCR India Factsheet from December 2019, the government directly provided assistance and protection to 203,235 refugees from Sri Lanka and Tibet and 39,960 asylum seekers of other nationalities registered under UNHCR mandate. There were 341 Rohingya refugees living in the south: 254 in Karnataka, seven in Kerala, and 80 in Tamil Nadu. The Rohingya were employed in the informal economy, since they did not have legal work authorization from the government. Minor children had access to health services and education under the government’s “education for all” program. UNHCR was not aware of mistreatment or discrimination against Rohingya refugees; however, the agency said the state governments of Karnataka, Kerala, and Tamil Nadu were not providing adequate support.
Sri Lankan refugees were permitted to work in Tamil Nadu. Police, however, reportedly summoned refugees back into the camps on short notice, particularly during sensitive political times, such as elections, and required refugees or asylum seekers to remain in the camps for several days.
Government services, such as mother and child health programs, were available. Refugees were able to request protection from police and courts as needed.
The government did not accept refugees for resettlement from other countries.
Durable Solutions: UNHCR reported 196 individuals returned to Sri Lanka in March. At year’s end voluntary repatriations were suspended because there were no commercial flights available for the return of Sri Lankan refugees due to the COVID-19 pandemic.
g. Stateless Persons
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 Indian citizenship by birth. A child born in the country on or after July 1, 1987, obtained citizenship if either parent was an Indian 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 an Indian consulate within one year of the date of birth. Authorities may also confer citizenship through registration under specific categories and via naturalization after residing in the country for 12 years. Tibetans reportedly sometimes faced difficulty acquiring citizenship despite meeting the legal requirements.
According to UNHCR and NGOs, the country had a large population of stateless persons, but there were no reliable estimates. Stateless populations included Chakmas and Hajongs, who entered the country in the early 1960s from present-day Bangladesh, and groups affected by the 1947 partition of the subcontinent into India and Pakistan.
Children born in Sri Lankan refugee camps received Indian birth certificates. While these certificates alone do not entitle refugees to Indian citizenship, refugees may present Indian birth certificates to the Sri Lankan High Commission to obtain a consular birth certificate, which entitles them to pursue Sri Lankan citizenship.
UNHCR and refugee advocacy groups estimated that between 25,000 and 28,000 of the approximately 95,000 Sri Lankan Tamil refugees living in Tamil Nadu were “hill country” Tamils. While Sri Lankan law allows “hill country” refugees to present affidavits to secure Sri Lankan citizenship, UNHCR believed that until the Sri Lankan government processes the paperwork, such refugees were at risk of becoming stateless.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Most domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. In some circumstances groups faced restrictions (see section 2.b, Freedom of Association). There were reportedly more than three million NGOs in the country, but definitive numbers were not available. The government generally met with domestic NGOs, responded to their inquiries, and took action in response to their reports or recommendations.
The NHRC worked cooperatively with numerous NGOs, and several NHRC committees had NGO representation. Some human rights monitors in Jammu and Kashmir were able to document human rights violations, but periodically security forces, police, and other law enforcement authorities reportedly restrained or harassed them. Representatives of certain international human rights NGOs sometimes faced difficulties obtaining visas and reported that occasional official harassment and restrictions limited their public distribution of materials.
The United Nations or Other International Bodies: The government continued to decline access by the United Nations to Jammu and Kashmir and limit access to the northeastern states and Maoist-controlled areas. In an August statement, UN human rights experts called on the government “to take urgent action to address the alarming human rights situation in the territory.” The UN special rapporteurs noted that since August 2019, “the human rights situation in Jammu and Kashmir has been in free fall,” and they were “particularly concerned that during the COVID-19 pandemic, many protesters are still in detention and internet restrictions remain in place.” The group appealed to the government “to schedule pending visits as a matter of urgency, particularly of the experts dealing with torture and disappearances.”
Government Human Rights Bodies: The NHRC is an independent and impartial investigatory and advisory body, established by the central government, with a dual mandate to investigate and remedy instances of human rights violations and to promote public awareness of human rights. It is directly accountable to parliament but works in close coordination with the Ministry of Home Affairs and the Ministry of Law and Justice. It has a mandate to address official violations of human rights or negligence in the prevention of violations, intervene in judicial proceedings involving allegations of human rights violations, and review any factors (including acts of terrorism) that infringe on human rights. The law authorizes the NHRC to issue summonses and compel testimony, produce documentation, and requisition public records. The NHRC also recommends appropriate remedies for abuses in the form of compensation to the victims of government killings or their families.
The NHRC has neither the authority to enforce the implementation of its recommendations nor the power to address allegations against military and paramilitary personnel. Human rights groups claimed these limitations hampered the work of the NHRC. Some human rights NGOs criticized the NHRC’s budgetary dependence on the government and its policy of not investigating abuses more than one year. Some claimed the NHRC did not register all complaints, dismissed cases arbitrarily, did not investigate cases thoroughly, rerouted complaints back to the alleged violator, and did not adequately protect complainants.
Of 28 states, 24 have human rights commissions, which operated independently under the auspices of the NHRC. Some human rights groups alleged local politics influenced state committees, which were less likely to offer fair judgments than the NHRC. The Human Rights Law Network, a nonprofit legal aid group, observed most state committees had few or no minority, civil society, or female representatives. The group claimed the committees were ineffective and at times hostile toward victims, hampered by political appointments, understaffed, and underfunded.
The government closed the Jammu and Kashmir Human Rights Commission in 2019 and ordered the NHRC to oversee human rights violations in Jammu and Kashmir. The NHRC has jurisdiction over all human rights violations, except in certain cases involving the military. The NHRC has authority to investigate cases of human rights violations committed by the Ministry of Home Affairs and paramilitary forces operating under the AFSPA in the northeast states.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Members of National/Racial/Ethnic Minority Groups
The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. The UN’s 2020 Multidimensional Poverty Index noted approximately 273 million individuals moved out of multidimensional poverty during the past 10 years. Previous reports showed Muslims, members of the Scheduled Tribes, and Dalits experienced the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.
The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes. According to the 2011 census, Scheduled Caste members constituted 17 percent of the population (approximately 200 million persons).
Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services, such as health care, education, access to justice, freedom of movement, access to institutions (such as temples), and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.
Several incidents of discrimination, atrocities, and insults against Dalits were reported in Andhra Pradesh during the year. On July 31, Kula Vivaksha Porata Samithi, an anticaste discrimination organization, alleged 150 such incidents occurred in the state during the previous four months.
On July 20, police in Andhra Pradesh summoned I. Vara Prasad, a 23-year-old Dalit, to the police station in connection with a dispute in his village and allegedly beat him and shaved his head and moustache, which are considered symbolic acts to insult Dalits. A subinspector and two constables were suspended and arrested under various sections of the penal code and Schedules Castes and Scheduled Tribes Atrocities (Prevention) Act.
NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.
Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, and respiratory and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.
The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights in practice.
In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.
In August the Chhattisgarh state government announced it would provide approximately $5,400 to the families of 32 tribe members who were killed by Maoist (Naxal) insurgents at a government relief camp in 2006. At that time local tribe members were forced into relief camps due to the conflict between the state-supported anti-Naxal vigilante group Salwa Judum and Maoists. The previous state government had granted assistance of approximately $1,300 to each victim’s family.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community in the eastern area of the country during the COVID-19 lockdown.
LGBTI persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.
In December 2019 parliament passed the Transgender Persons (Protection of Rights) Act, which prohibits discrimination towards transgender persons in education, health care, employment, accommodation, and other matters related to public facilities and services. According to media reports, activists viewed parts of the act as violating the right to choose gender and erecting barriers for transgender individuals to be recognized. The provisions include a requirement of transgender persons to register with the government and provide proof of having undergone gender confirmation surgery to be recognized under the act.
On May 12, five transgender individuals brought a public-interest litigation case to the Kerala High Court in protest of the living conditions of transgender communities in the state during the national lockdown. On June 8, the Kerala High Court directed the state government to provide free medicine and access to medical treatment, as well as identity and ration cards, to members of the transgender community.
On July 2, media reported the minister of state for social justice and empowerment noted the government has a responsibility to formulate programs to support the livelihood of transgender persons according to clauses in the Transgender Persons (Protection of Rights) Act.
On August 24, the Orissa High Court ruled that same-sex partners have a right to live together, and by law the female partner has a right to seek protection in the case of separation. The court ruled this in a case of two women, one of whom exercised her right to “self-gender determination” under a 2014 Supreme Court verdict and preferred to be addressed as a male. The male partner filed a habeas corpus petition seeking restoration of his female partner, who had been confined by her family at home.
Section 7. Worker Rights
e. Acceptable Conditions of Work
Federal law sets safety and health standards, but state government laws set minimum wages, hours of work, and additional state-specific safety and health standards. The daily minimum wage varied but was more than the official estimate of poverty-level income. State governments set a separate minimum wage for agricultural workers. Laws on wages, hours, and occupational health and safety do not apply to the large informal sector.
The law mandates a maximum eight-hour workday and 48-hour workweek as well as safe working conditions, which include provisions for restrooms, cafeterias, medical facilities, and ventilation. The law mandates a minimum rest period of 30 minutes after every four hours of work and premium pay for overtime, but it does not mandate paid holidays. The law prohibits compulsory overtime and limits the amount of overtime a worker may perform. Occupational safety and health standards set by the government were generally up to date and covered the main industries in the country.
State governments are responsible for enforcing minimum wages, hours of work, and safety and health standards. The number of inspectors generally was insufficient to enforce labor law. Inspectors have the authority to make unannounced inspections and initiate sanctions. State governments often did not effectively enforce the minimum wage law for agricultural workers. Enforcement of safety and health standards was poor, especially in the informal sector, but also in some formal-sector industries. Penalties for violation of occupational safety and health standards were commensurate with those for crimes such as negligence.
To boost the economy following the COVID-19-induced lockdown, many state governments relaxed labor laws to permit overtime work beyond legislated limits. The state governments of Uttar Pradesh and Gujarat passed executive orders to suspend enforcement of most labor laws for a period of up to three years to promote industrial production.
Violations of wage, overtime, and occupational safety and health standards were common in the informal sector. Small, low-technology factories frequently exposed workers to hazardous working conditions. Undocumented foreign workers did not receive basic occupational health and safety protections. In many instances workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment.
Several states amended labor laws during the COVID-19 pandemic to allow industries to overcome the losses suffered during the lockdown while also claiming to protect the interests of workers. On May 29, the Odisha cabinet amended the Factories Act, 1948, and Industrial Disputes Act, allowing companies with a worker strength of up to 300 to terminate employment or close the units without prior approval from the government. The earlier limit was 100 workers. The government also allowed women to work during night shift hours of 7 p.m. to 6 a.m., with prior consent from the worker.
According to Geneva-based IndustriALL Global Union, more than 30 industrial accidents occurred in chemical plants, coal mines, steel factories, and boilers in power stations during May and June, claiming at least 75 lives. The organization stated “widespread use of contract workers, lack of safety inspections, inadequate penal action against safety violations and not fixing responsibility on the employer are some important factors contributing to the accidents.”
On May 7, a styrene gas leak from an LG Polymer chemical plant in Visakhapatnam, Andhra Pradesh, killed 11 persons and sickened more than 1,000. Preliminary investigations revealed the leak occurred due to a faulty gas valve. On July 7, state police arrested 12 individuals, including the company’s chief executive officer, after a probe determined poor safety protocols and a breakdown of emergency response procedures as reasons for the leak.
On July 2, four individuals died of asphyxiation in Thoothukudi District, Tamil Nadu, after entering a septic tank to remove clogged sewage. The homeowner who directed them to clean the tank was charged with negligence. A government survey in 2019 identified 206 deaths from cleaning sewers and septic tanks between 1993 and July 2019 in Tamil Nadu.
On August 1, a total of 11 workers died when a crane collapsed on them at a worksite in the government-owned Hindustan Shipyard in Visakhapatnam.
On August 21, nine workers, including seven employees of the state-owned power generation company, died in a fire accident in the Srisailam hydropower station in Telangana. A government committee assessed an electric short circuit caused the fire. Civil society activists alleged the accident was “a result of inadequate provisions in the design of the hydropower station building,” claiming “there is no evidence that the hydropower station was built to international standards.”