India
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‘Due to the communications blockade in Kashmir, news of protests went largely underreported’
On 5 August 2019, the government of India revoked Articles 370 and 35A of the Constitution, which guaranteed the autonomous status and rights of the state of Jammu and Kashmir. The government also imposed a severe communications blockade that impacted on the daily lives of Kashmiri people, including by affecting access to medical care, basic necessities and emergency services. Hundreds of detentions of political activists, human rights defenders and community leaders have been reported. CIVICUS speaks about this situation with Natasha Rather, Regional Campaign Officer for the Asian Federation Against Involuntary Disappearances, linked to the Association of Parents of Disappeared Persons (APDP), an organisation that focuses on enforced disappearances in the region, monitors the human rights situation and documents abuses.
What was the situation of civic freedoms in Jammu and Kashmir prior to the revocation of its special status under Indian administration?
During the first half of 2019, Indian-administered Jammu and Kashmir (JK) witnessed continued and increased violence and heightened tensions between India and Pakistan, following a militant attack on the Central Reserve Police Force convoy on the Jammu–Srinagar highway that resulted in the killing of 48 Indian soldiers in February 2019. Following this attack, Kashmiri people living in various cities and towns of India became targets of hate crimes. Thousands of Kashmiri students were forced to flee from their colleges and universities and return back to Kashmir. People living in JK feared the attack would have dreadful consequences – which turned out to be true.
The frequency of cordon and search operations (CASOs) and crackdowns increased in the aftermath of the attack. CASOs are a form of harassment that breach people’s right to privacy. According to a report by the APDP and Jammu Kashmir Coalition of Civil Society, at least 177 CASOs were conducted by the Indian armed forced in JK, which resulted in the killing of at least 118 militants and four civilians and the destruction of at least 20 civilian properties.
In February 2019, the Jammu and Kashmir Liberation Front and the Kashmir Chapter of Jamaat-i-Islami were banned and hundreds of their leaders and workers were arrested.
Ahead of the elections to the Indian Parliament, held in JK in April and May 2019, 100 additional companies of soldiers were deployed in Kashmir and mass arrests of political and religious leaders were carried out. During polling days there were complete shutdowns, violence and killings.
The use of administrative detention under the provisions of repressive Public Safety Act (PSA) led to many arrests and detentions. Between January and June this year, at least 25 people were booked under the PSA.
Internet shutdowns have also been a common practice in JK. Internet services were curtailed 51 times in the first half of the year.How did people in Jammu and Kashmir respond to the revocation of the state’s special status?
Before revocation was formally announced by the Indian government, many rumours made the rounds and people guessed that something sinister was underway. Official orders by the state administration added to the apprehension. People prepared themselves for a complete lockdown, drawing from their previous experience when the Indian government imposed curfews and shut down phones and the internet.
When revocation of the special status was announced amidst a complete blockade of communication and full restrictions on movement, people were not greatly shocked. The autonomy guaranteed to JK under Article 370 of the Indian Constitution allowed the state a certain amount of autonomy – its own constitution, a separate flag and freedom to make laws – but it had been greatly eroded before revocation of the special status, which downgraded JK from a state to a union territory, and there was nothing much left in it for the benefit of the people.
There have been concerns attached to the revocation of Article 35a, which permits the local legislature in Indian-administered Kashmir to define who are permanent residents of the region. People have speculated that demographic changes might be underway, designed and strategised along the same lines as the occupation of Palestine, including the demographic changes introduced by Israel in Palestine. While there are fears of demographic changes, the majority’s response has been not to fight against revocation of the state’s special status, as this would have meant legitimising the occupation of the region. The larger struggle is for the right to self-determination.We have read reports of civic space restrictions, including a ban on meetings, restrictions on freedom of movement and arrests of leaders. Can you provide more information about this?
The announcement of the revocation of JK’s special status was accompanied by widespread restrictions. There was an increased deployment of Indian armed forces at all roads and intersections across the valley, and the unyielding troops have strictly restricted the movement of people. For the first few weeks, people were not even able to reach hospitals and doctors. Section 144 of the Indian Penal Code, which bans public gatherings of more than four people, was imposed despite a curfew being in place since the night of 4-5 August. This prevented people from organising protest gatherings and meetings.
According to a government report dated 6 September, more than 3,800 people had been detained since 5 August and only about 2,600 of them were subsequently released. Those detained include political leaders from both pro-India and pro-independence parties, civil society members, lawyers and protesters. Three former Chief Ministers of JK – Farooq Abdullah, Omar Abdullah and Mehbooba Mufti – have been detained since 5 August. On 16 September, Farooq Abdullah was detained under the PSA. Leaders and politicians like Syed Ali Shah Geelani, Mirwaiz Omar Farooq, Farooq Abdullah, Taj Mohiuddin and M Y Tarigami have been under house arrest. Hotels and government guesthouses have been turned into detention centres. Many leaders and civil society members have been lodged in jails in India.
There has been an extensive use of the PSA to detain people, especially young people. Many young people were detained without being formally charged and were released only after the signing of community bonds. Many young people and most political leaders continue to be detained.Have people protested? How have the security forces responded to protests?
Despite the severe restrictions imposed on the movement and assembly of the people, there have been many protests across the valley of Kashmir, with people taking to the streets and shouting slogans demanding freedom from the Indian state. The Indian media has claimed that there were negligible protests against the abrogation of Article 370, making it seem like there is normality and acceptance of the Indian state’s decisions. Since the local media has not been able to report on these protests, stories from them have not come to the fore. There were many protests in Kashmir valley, but due to the communication blockade and restrictions on the movement of journalists and media, news of protests from other districts went largely underreported.
Protesters have been met with excessive force by the Indian armed forces. For instance, on 9 August, several people were injured during protests in the Soura area of Srinagar. A doctor confirmed that at least 53 young people were treated for injuries at Sher-i-Kashmir Institute of Medical Sciences in Soura. Reports also emerged that five people have been killed in separate incidents as a result of excessive use of force by law enforcement officials in the policing of protests since the start of the clampdown.How has the internet shutdown affected the work of activists and journalists?
The communication clampdown has greatly affected the work of journalists and activists. Owing to the shutdown of internet services and curbs on the movement of journalists, it has been a huge challenge for journalists to collect and file stories. The administration set up a Media Facilitation Centre in Srinagar where journalists are allowed to access the internet and email their stories. No such facilities are available in other districts of Kashmir. Newspapers in Kashmir have been publishing with a reduced number of pages. Journalists have been forced to rely just on state-issued press briefs once or twice a week, without any means to verify the stories. There has been news of journalists facing reprisals for filing stories on Kashmir’s ongoing situation.
Also, since 5 August, civil society in JK has been under threat and dealing with a very precarious situation, as many civil society members have been detained and jailed under the PSA. In this way the Indian state has put pressure on Kashmiri civil society to remain silent about the current situation, and therefore their space is completely choked. There is a lot of resistance and criticism of the communications clampdown that is preventing civil society from carrying out its work.
In this context, the support required from the international community is that they should increase their understanding of the Kashmir conflict and talking about it so as to prevent this human rights crisis from worsening.
Civic space in India is rated as ‘repressed’ by the CIVICUS Monitor.
Follow @natasha_rather on Twitter. -
5 countries on civic space watchlist presented to UN Human Rights Council
Statement at the 43rd Session of the UN Human Rights Council
Watch us deliver our statement below:Dear Madame President,
Research findings by the CIVICUS Monitor show a serious and rapid decline in respect for civic freedoms in India, Lebanon, Iraq, Nicaragua, and Guinea(countries on current civic space watchlist)
In India, protests against a discriminatory citizenship law have been met with excessive force and deadly violence by the authorities, with at least 50 killed, and hundreds injured. There has been no independent and impartial investigation into the police violence. Hundreds have also been detained on spurious charges, including human rights defenders.
In Lebanon, peaceful protests have been subjected to severe and unwarranted violence by the authorities. About a thousand protestors have been arrested or detained while many have experienced torture or ill-treatment while in detention.
In Iraq, activists and journalists have been abducted, arbitrarily arrested and murdered in order to prevent them from participating in or covering demonstrations that broke out in October 2019. Since the outset of the protests, hundreds of protestors have been killed at the hands of security forces.
In Nicaragua, we are seriously concerned by the lack of political will to stop the repression of fundamental civic freedoms and to address the current human rights crisis. We call on this council to support a strong resolution on Nicaragua as the situation continues to worsen.
In Guinea, mass protests which begun in October 2019 against government plans to replace the Constitution, have been met with excessive force. The killing of protesters and bystanders has been met with almost complete impunity.
Such restrictions on civic space are often a precursor for further human rights abuses and we call on the members and observers of this Council to act now to prevent further deterioration.
Civic space ratings by CIVICUS Monitor Open Narrowed Obstructed Repressed Closed
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5 países en la lista de vigilancia del espacio cívico presentada al Consejo de Derechos Humanos de la ONU
Declaración en el 43º período de sesiones del Consejo de Derechos Humanos de las Naciones Unidas
Los resultados de la investigación del CIVICUS Monitor muestran un serio y rápido declive en el respeto de las libertades cívicas en la India, Líbano, Irak, Nicaragua y Guinea (países que figuran en la actual lista de vigilancia del espacio cívico)En la India, las protestas contra una ley discriminatoria en materia de ciudadanía han sido reprimidas por las autoridades con una fuerza excesiva y una violencia mortal, con al menos 50 muertos y cientos de heridos. No se ha realizado ninguna investigación independiente e imparcial sobre la violencia policial. También se ha detenido a centenares de personas con acusaciones falsas, incluidos defensores de los derechos humanos.
En el Líbano, las protestas pacíficas han sido objeto de una violencia grave e injustificada por parte de las autoridades. Alrededor de un millar de manifestantes han sido arrestados o detenidos, mientras que muchos han sufrido torturas o malos tratos durante su detención.
En Irak, activistas y periodistas han sido secuestrados, detenidos arbitrariamente y asesinados para impedir que participen en las manifestaciones que se iniciaron en octubre de 2019. Desde el comienzo de las protestas, cientos de manifestantes han sido asesinados a manos de las fuerzas de seguridad.
En Nicaragua, nos preocupa seriamente la falta de voluntad política para poner fin a la represión de las libertades cívicas fundamentales y para hacer frente a la actual crisis de derechos humanos. Hacemos un llamamiento a este Consejo para que apoye una resolución firme sobre Nicaragua, ya que la situación sigue empeorando.
En Guinea, las protestas masivas que comenzaron en octubre de 2019 contra los planes del gobierno de reemplazar la Constitución, han sido enfrentadas con excesiva fuerza. El asesinato de manifestantes y transeúntes ha sido recibido con casi total impunidad.
Esas restricciones del espacio cívico suelen ser un precursor de nuevos abusos de los derechos humanos y pedimos a los miembros y observadores de este Consejo que actúen ahora para evitar un mayor deterioro.
Calificaciones del espacio cívico por CIVICUS Monitor Abierto Estrecho Obstruido Represivo Cerrado
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5 pays sur la liste de surveillance de l'espace civique présentés au Conseil des droits de l'homme
Déclaration à la 43ème session du Conseil des droits de l'homme des Nations unies
Les résultats des recherches menées par le CIVICUS Monitor montrent un déclin grave et rapide du respect des libertés civiques en Inde, au Liban, en Irak, au Nicaragua et en Guinée (pays figurant sur la liste actuelle de surveillance de l'espace civique)
En Inde, les protestations contre une loi discriminatoire sur la citoyenneté ont été accueillies avec une force excessive et une violence mortelle par les autorités, faisant au moins 50 morts et des centaines de blessés. Aucune enquête indépendante et impartiale n'a été menée sur les violences policières. Des centaines de personnes ont également été détenues sur la base d'accusations fallacieuses, notamment des défenseurs des droits humains.
Au Liban, les manifestations pacifiques ont été soumises à des violences graves et injustifiées de la part des autorités. Un millier de manifestants ont été arrêtés ou détenus, et beaucoup ont subi des tortures ou des mauvais traitements pendant leur détention.
En Irak, des militants et des journalistes ont été enlevés, arrêtés arbitrairement et assassinés afin de les empêcher de participer ou de couvrir les manifestations qui ont éclaté en octobre 2019. Depuis le début des manifestations, des centaines de manifestants ont été tués par les forces de sécurité.
Au Nicaragua, nous sommes sérieusement préoccupés par le manque de volonté politique de mettre fin à la répression des libertés civiques fondamentales et de faire face à la crise actuelle des droits humains. Nous appelons ce Conseil à soutenir une résolution forte sur le Nicaragua alors que la situation continue de s'aggraver.
En Guinée, les protestations de masse qui ont commencé en octobre 2019 contre les projets du gouvernement de remplacer la Constitution ont été accueillies avec une force excessive. Les meurtres de manifestants et de passants ont été commis dans une impunité quasi totale.
De telles restrictions de l'espace civique sont souvent le prélude à de nouvelles violations des droits humains et nous appelons les membres et les observateurs de ce Conseil à agir maintenant pour empêcher toute nouvelle détérioration.
Les évaluations de l'espace civique par le CIVICUS Monitor Ouvert Rétréci Obstrué Reprimé Fermé
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Advocacy priorities at 43rd Session of UN Human Rights Council
The four-week human rights council will sit from 24 February to 20 March, and there are a number of critical human rights resolutions up for debate, and for the 47 Council members to address. CIVICUS will be conducting and presenting evidence on a variety of thematic and country-focused issues. Full overview below or jump directly to see our programme of events.
Country-specific situations
Nicaragua (Civic space rating:Repressed)
Our members on the ground have documented serious human rights violations, including attacks on fundamental freedoms and against human rights defenders and journalists. A report issued last year by the OHCHR, mandated by a resolution adopted in 2019, reflected this situation, and recommended enhanced UN monitoring and reporting. Given the lack of political will in the country to cooperate with regional and international mechanisms, and the concerning situation on the ground, CIVICUS calls on states to support a resolution on Nicaragua which calls for such enhanced reporting at the very least.
Sri Lanka (Civic space rating:Repressed)
This is a critical time for Sri Lanka, with concerns that the new administration which came to power last year could renege on its Council-mandated human rights and accountability commitments. The resolution adopted at the 30th Session of the Human Rights Council and remains the only process in place which could guarantee justice for victims of human rights violations. Civic space is closing at an alarming rate – since the new administration came to power, civil society members on the ground have been threatened and intimidated, their records destroyed, and human rights defenders and journalists have been attacked. CIVICUS calls for states to encourage cooperation between the government of Sri Lanka and international human rights mechanisms, and for Council members to reaffirm their commitment to resolution 40/1, which put into place time-bound commitments to implement the accountability mechanisms in resolution 30/1.
Iran (Civic space rating:Closed)
In 2019, Iran erupted into a series of protests against lack of political and democratic freedoms and the deteriorating economic situation. Protesters were met with violent repression through mass arrests and lethal force. Current geopolitical developments have entrenched the regime and exacerbated internal insecurity further. This Human Rights Council Session will discuss the renewal of the mandate of the Special Rapporteur on Iran. CIVICUS supports the renewal of the Special Rapporteur mandate and encourages states to raise concerns about the use of lethal force in protests.
India (Civic space rating:Repressed)
India’s civic space rating was downgraded with the last CIVICUS report. A controversial and discriminatory citizenship law has given rise to mass protests across the country, which have been subject to violent crackdowns, leading many injured and at least 25 dead. Jammu and Kashmir remain under severe repression, including through sustained internet shutdown which is reaching its sixth month. Internet was partially restored in January but restrictions remain, making the shutdown the longest recorded in a democracy. Internet shutdowns are also being used across the country in order to hinder freedom of peaceful assembly. CIVICUS encourages States to raise concerns about India, and to call for an investigation into the violent suppression of peaceful protests, and to repeal discriminatory provisions in the Citizenship Law.
Thematic mandates
The Special Rapporteur on Human Rights Defenders
The mandate of the Special Rapporteur on Human Rights Defenders will be renewed this Session. This is a crucial mandate which has an impact of all CIVICUS’s areas of focus, and we encourage states to eco-sponsor the resolution at an early stage. The Special Rapporteur will present his annual report on HRDs in conflict and post-conflict situations, and reports on his country visits to Colombia and Mongolia. CIVICUS encourages states to affirm their co-sponsorship of the resolution early in the Session.
Freedom of Expression
The mandate for the Special Rapporteur on Freedom of Expression is set to be renewed this Session, at a time when internet blackouts in increasingly used as a tactic to limit freedom of expression, access to information and freedom of peaceful assembly. We encourage states to co-sponsor the renewal of this important mandate at an early stage.
Freedom of Religion and Belief (FoRB)
The Special Rapporteur on Freedom of Religion and Belief will present his annual report, which this year focuses on the intersection of religion and belief and gender and SOGI rights, and reports on country visits to Sri Lanka and the Netherlands. CIVICUS will be engaging on Sri Lanka and on India, which have both undergone concerning developments with regards to freedom of religion.
Prevention
The Chair-Rapporteur of two intersessional seminars on the contribution that the Council can make to the prevention of human rights violations will present the report of the seminars.
CIVICUS will be highlighting the connection between civic space and prevention – that closures in civic space are often precursors to wider human rights crises, and that by intervening at the civic space level, the Council has a role to play in ensuring that such human rights violations are prevented.
CIVICUS and members’ events at the 43rd Session of the UN Human Rights Council (events will be livestreamed @CIVICUS Facebook page):2 March (14:00 CET, Room VII), CIVICUS and partners are organising an event on the constitutional and civic space crisis in India.
5 March (13:00 CET, Room VII), CIVICUS is co-sponsoring an event led by ICNL and the Civic Space Initiative consortium partners on countering terrorism financing while preserving civic space ----canceled due to the coronavirus
12 March (12:30 CET, Room XXI), CIVICUS is co-sponsoring a side event on the use of lethal force in protests in Iran and Iraq, and responses from the international community---canceled due to the coronavirus
Current council members:
Afghanistan; Angola; Argentina; Australia; Austria; Bahamas; Bahrain; Bangladesh; Brazil; Bulgaria; Burkina Faso; Cameroon; Chile; China; Croatia; Cuba; Czechia; Democratic Republic of the Congo; Denmark; Egypt; Eritrea; Fiji; Hungary; Iceland; India; Iraq; Italy; Japan; Mexico; Nepal; Nigeria; Pakistan; Peru; Philippines; Qatar; Rwanda; Saudi Arabia; Senegal; Slovakia; Somalia; South Africa; Spain; Togo; Tunisia; Ukraine; United Kingdom of Great Britain and Northern Ireland; and Uruguay.
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Alarming trends in restrictions to access to resources facing civil society in Asia
Statement at the 50th Session of the UN Human Rights Council
Item 3: Interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association
Delivered by Ahmed Adam On behalf of Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS – World Alliance for Citizen Participation and World Organisation Against Torture (OMCT)
Mr. President, We welcome the Special Rapporteur’s important report on civil society’s access to resources.
Systematic restrictions on civil society’s access to resources often represent one of the first indicators of overall deterioration of the human rights situation and a trend towards authoritarian rule as seen in many Asian countries, in particular, in India and Bangladesh. In India, over 6000 NGOs have been banned from accessing foreign funding under the draconian Foreign Contributions (Regulations) Act, 2010 (FCRA) effectively forcing them to cease their operations.
The law has been used particularly to silence human rights NGOs critical of the government. The amendments made to FCRA makes sub-granting of funds to grassroot organisations impossible, affecting many beneficiaries. Early this month, Bangladesh authorities arbitrarily cancelled the registration of prominent human rights NGO, Odhikar, after years of crippling restrictions on its operations under the Foreign Donations (Voluntary Activities) Regulation Law 2016 for its legitimate human rights work in the country. This has had a serious chilling effect on the country’s civic and democratic space, forcing many others to resort to self-censorship.
Many other countries the region are in the process of adopting similar measures that would effectively decimate civil society. We are particularly concerned about the impending adoption of a new law on NGOs in Thailand. In this context, can the Special Rapporteur elaborate on your engagement with countries such as India and Bangladesh, and their responses, where such measures have had serious implications for fundamental freedoms and civic space.
Finally, we welcome the Special Rapporteur’s timely follow up report on his visit to Sri Lanka amid nationwide peaceful protests in response to the country’s economic crisis precipitated by failure of governance and the rule of law, and rollback of fundamental freedoms.
Can the Special Rapporteur further elaborate on obligations of authorities to uphold the right to peaceful protests and ensure accountability, especially in situations such as those seen in Sri Lanka on 9 May where supporters of the embattled ruling party attacked peaceful protestors while the security services looked on?
Thank you.
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As India goes to to the polls, will the people vote against the ‘politics of hate’
By Alina Tiphagne, Human Rights Defenders Alert (HRDA)
In just under a week, the world’s largest democracy, India, will vote to elect and constitute the 17th Lok Sabha. According to the Election Commission (EC) of India, nearly 900 million voters will be eligible to vote for representatives to the lower house or the Lok Sabha of the bicameral Indian Parliament. Voting will begin on 11th April and be held in seven phases till 19th May, 2019 across 543 constituencies. The EC has also declared 23rd May, 2019 the day of counting and results. -
As the climate crisis intensifies, so does the crackdown on environmental activism, finds new report
New research brief from the CIVICUS Monitor examines the crackdown of environmental activism and profiles important victories civil society has scored in the fight for climate justice.
- Environmental protests are being criminalised and met with repression on all continents
- State authorities and private companies are common perpetrators of violations to civic freedoms
- Despite the risks and restrictions, activist groups continue to score important victories to advance climate justice.
As world leaders meet in Glasgow for the UN Climate Change Negotiations (COP26), peaceful environmental activists are being threatened, silenced and criminalised around the world. The host of this year's meeting is one of many countries where activists are regularly facing rights violations.
New research from the CIVICUS Monitor looks at the common tactics and restrictions being used by governments and private companies to suppress environmental movements. The research brief “Defenders of our planet: Resilience in the face of restrictions” focuses on three worrying trends: Bans and restrictions on protests; Judicial harassment and legal persecution; and the use of violence, including targeted killings.
As the climate crisis intensifies, activists and civil society groups continue to mobilise to hold policymakers and corporate leaders to account. From Brazil to South Africa, activists are putting their lives on the line to protect lands and to halt the activities of high-polluting industries. The most severe rights abuses are often experienced by civil society groups that are standing up to the logging, mining and energy giants who are exploiting natural resources and fueling global warming.
As people take to the streets, governments have been instituting bans that criminalise environmental protests. Recently governments have used COVID-19 as a pretext to disrupt and break up demonstrations. Data from the CIVICUS Monitor indicates that the detention of protesters and the use of excessive force by authorities are becoming more prevalent.
In Cambodia in May 2021, three environmental defenders were sentenced to 18 to 20 months in prison for planning a protest against the filling of a lake in the capital. While in Finland this past June, over 100 activists were arrested for participating in a protest calling for the government to take urgent action on climate change. From authoritarian countries to mature democracies, the research also profiles those who have been put behind bars for peacefully protesting.
“Silencing activists and denying them of their fundamental civic rights is another tactic being used by leaders to evade and delay action on climate change” said Marianna Belalba Barreto, Research Lead for the CIVICUS Monitor. “Criminalising nonviolent protests has become a troubling indicator that governments are not committed to saving the planet .”
The report shows that many of the measures being deployed by governments to restrict rights are not compatible with international law. Examples of courts and legislative bodies reversing attempts to criminalise nonviolent climate protests are few and far between.
Despite the increased risks and restrictions facing environmental campaigners, the report also shows that a wide range of campaigns have scored important victories, including the closure of mines and numerous hazardous construction projects. Equally significant has been the rise of climate litigation by activist groups. Ironically, as authorities take activists to court for exercising their fundamental right to protest, activist groups have successfully filed lawsuits against governments and companies in over 25 countries for failing to act on climate change.
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CIVICUS GLE Testimonial: Building communities for inclusive action
by Vandita Morarka, One Future Collective, India
I was a participant at the Global Learning Exchange and the ensuing AGM held by CIVICUS in Montevideo, Uruguay, 16th December, 2018, onwards, representing One Future Collective.As a participant I engaged in various discussions and actionable agenda items towards building the first step towards frameworks for inclusion and diversity. The representatives at the GLE in themselves were a stellar example of the beauty and massive knowledge exchange and learning that actual practise of diversity and inclusion can bring in.
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CIVICUS World Assembly Delegates Express Deep Disappointment at India's New Curbs on Civil Society
6 September 2010. Over 70 eminent civil society activists from across the globe who attended the CIVICUS World Assembly in Montreal this August expressed deep disappointment at the enactment of India's regressive Foreign Contributions Regulations Act, 2010 (FCRA).
Among other things, the Act allows for broad executive discretion to designate organisations as being of ‘political nature' and thereby prevent them from accessing funding from abroad, which could affect the independence of civil society groups critical of government policies. It also requires organisations to renew their permission to receive funding from abroad every five years which subjects them to additional bureaucratic red tape, and places an arbitrary cap of 50% on the administrative expenses of an organisation receiving foreign funding as a further sign of interference in the internal functioning of civil society organisations. -
Civil Society “Contested and Under Pressure”, says new report
Read this press release in Arabic, French, Portuguese and Spanish
Civil society around the globe is “contested and under pressure” according to a 22-country research findings report released by CIVICUS, the global civil society alliance, and The International Center for Not-for-Profit Law (ICNL). The report, Contested and Under Pressure: A Snapshot of the Enabling Environment of Civil Society in 22 Countries, brings together insights from Enabling Environment National Assessments (EENA) conducted around the world between 2013 and 2016.
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Civil society facing reprisals for engagement in UN human rights mechanisms
Statement at the 45th Session of the UN Human Rights Council
Acts of reprisal pose a threat to the functioning of UN human rights mechanisms as a whole. Civil society engagement is fundamentally necessary to ensure adequate reporting to these mechanisms and to promote human rights, in and outside the UN. Reprisals lead to self-censorship, weakened engagement and watered-down reporting, and represent an attack against UN mechanisms themselves.
This week, the Amnesty International India section was forced to stop its ongoing work and let go of its staff after a complete freezing of the organisation’s bank account. India is a member of this Council, and it is particularly egregious that the country has effectively shuttered a critical voice in researching and reporting human rights violations to UN mechanisms.
We are also alarmed that in China, one of the most prolific perpetrators of reprisals, human rights defenders, activists and lawyers reported that they had been targeted for engaging with the United Nations staff or human rights mechanisms. In September 2018, the Permanent Mission of Burundi in Geneva requested that OHCHR withdrew the accreditation of various human rights defenders. In Cambodia, attacks by the government against prominent rights group LICADHO, STT and Mother Nature, among others, risks impeding them from their vital monitoring and reporting work and severely restricts the ability of defenders to engage with human rights mechanisms at a critical time when Cambodia's human rights are in freefall.
We urge Member States to not only refrain from such acts of intimidation and reprisals, but to address them. It is past time to impose a real political cost for the deliberate weakening of our human rights mechanisms.
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Gates Foundation award to India’s Modi a setback for civic freedoms and democratic values
The decision by the Bill & Melinda Gates Foundation to award Indian Prime Minister Narendra Modi with a Goalkeepers Global Goals Award on 24 September sends the wrong message. Prime Minister Modi's violation of civic freedoms should not be overlooked by one of the world’s largest philanthropic donors. Prime Minister Modi and his Bharatiya Janata Party government have a dismal human rights record which includes persecuting activists and undermining the watchdog roles of the media and civil society groups.
Prime Minister Modi is being awarded in recognition of his work to improve sanitation through the Clean India Programme. Many civil society organisations and individuals have over the last few weeks voiced serious concerns about the implications the presentation of the award would have on global philanthropic endeavours and the collective advancement of human rights. As a partner of the Goalkeepers Youth Action Accelerator, CIVICUS has taken a decision in principle not to attend the awards ceremony.
We recognise that the Foundation has made significant contributions to enhance people’s lives around the world in the health and sanitation field. However, honouring Prime Minister Modi with this award ignores serious concerns raised by civil society on the decline of civic freedoms in India as well as the holistic nature of the UN’s Sustainable Development Goals. The Modi government is ignoring the democratic pillars of the goals by failing to implement commitments related to public access to information, inclusive decission making and fostering civil society partnerships - targets largely embodied in Goals 16 and 17.
“All 17 sustainable development goals are interdependent and co-related, said Mandeep Tiwana, Chief Programmes Officer at CIVICUS: World Alliance for Citizen Participation. “The Modi government has a lot of ground to cover with regards to fulfillment of SDG commitments on inclusive governance, civil society partnerships, access to information and fundamental freedoms. In fact it has deliberately suppressed these.”
CIVICUS has highlighted a pattern of attacks and violations against freedoms of expression, association and assembly in India. These attacks include a recent lock down on civic freedoms in Jammu and Kashmir, raids on the offices of Lawyer’s Collective and Amnesty International, persistence of arbitrary arrests, judicial harassment and attacks on civil society activists and journalists and those expressing democratic dissent. Activists seeking to protect the rights of minority communities and environmental justice face particular challenges.
India is rated as obstructed on the CIVICUS Monitor, a participatory platform that rates and measures the state of civic freedoms in 196 countries.
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Human Rights Council: Restrictions on civil society will curtail any chance of building back better
Statement at the 46th Session of the UN Human Rights Council
Thank you, Madame President; High Commissioner.
We welcome your update and strongly agree that recovering better requires ensuring participation for all. In this very difficult year, we are encouraged that civic activism has continued as people have mobilised to demand their rights.
But across the world, civil society has been impeded in its work. The CIVICUS Monitor shows that in the context of COVID-19 measures, protest rights have been violated and restrictions on freedom of expression continue as states enact overly broad emergency legislation that limits human rights.
We reiterate that restrictions on civil society will curtail any chance of building back better. States should indeed be investing in protecting and promoting a free and independent civil society at this crucial time.
The Council has the opportunity to act immediately on a number of situations where civic space is being threatened. In Sri Lanka, attacks against civil society are compounding grave failures of accountability. In Nicaragua, where ahead of elections, restrictions on civic space and expressions of dissent are likely to escalate. Myanmar, where we are inspired by the courage of people who risk lives and freedom every day to protest the coup, who continue to fear violent crackdown on dissenting voices. In India, where the government has continued its persecution of human rights defenders, student leaders, journalists and other critics, including through restrictive laws, prolonged pre-trial detention and excessive force perpetrated against protesters.
We call on the Council this Session to take measures to support civil society by acting now, on the situations brought before it. Situations which require immediate action.
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INDIA: ‘An effective civil society is essential for advancing human rights’
CIVICUS speaks about the recent ban on the hijab, a headscarf worn by Muslim women, in educational institutions in the Indian state of Karnataka with Aiman Khan and Agni Das of the Quill Foundation. Founded in 2015, the Quill Foundation is an Indian civil society organisation (CSO) engaged in research and advocacy. Its work focuses on the human rights issues faced by underprivileged people, especially Adivasis, Dalits, Muslims, women, sexual minorities and differently abled persons.
Why was the use of the hijab banned in Karnataka schools?
The hijab ban should be seen in the wider socio-political context of India. Since the beginning of 2022, Indian Muslim women have been subjected to violence and discrimination carried out by multiple offenders. It started with an app called ‘Bulli Bai’ that placed vocal Muslim women in an online auction. This violated their privacy, as it used their photos and information without their consent.
Shortly after that, girls wearing the hijab were not allowed to enter a couple of colleges in Karnataka state in southwest India because the administration deemed the hijab a violation of the dress code for schoolgirls. This was followed by a Karnataka government order on 5 February. While this government order did not specifically ban the hijab, it did say that such ban would not violate Article 25 of the Indian Constitution, which guarantees all citizens the right to freedom of conscience as well as freedoms to profess, practise and propagate religion. As the girls who were restricted from wearing the hijab filed petitions in the high court, the verdict decided against them and chose to impose what they should wear. Both the state government and the high court used the excuse of maintaining ‘uniformity’ in educational institutions to impose restrictions on Muslim women wearing the hijab.
Following that order, several incidents of discrimination and violence against Muslim women were reported. They could not enter their educational institutions if they did not remove their hijab. Although the order did not include teachers, Muslim teachers were also asked to remove their hijab or burqa, a full body covering, at the gate of the campus.
How does the hijab ban relate to the overall status of minorities in India?
The hijab ban is arbitrary. it goes against India’s constitutional promise of secularism and fits into the trend of authorities using the law to criminalise minority communities. For instance, Karnataka’s anti-conversion law set barriers on converting to Islam or Christianity and made it more difficult for interfaith couples to marry. Following this law, the Christian community faced rising threats and violence as well as increased attacks on their places of worship.
Generally speaking, minority communities are subjected to vilification because they are framed as ‘the other’. The Muslim minority is a specific target of persecution. At mass assemblies of the Hindu community, calls are often made for the genocide of the Muslim community and the mass rape of Muslim women. Calls for social and economic boycott of Muslims have been repeated frequently over the past few years. This has included taking mass oaths to boycott Muslims.
Muslim business owners have suffered the full brunt of this incitement. In the states of Gujarat and Madhya Pradesh, some Muslim-owned shops have been set on fire by rioters or demolished by the very same authorities that should protect them. The perpetrators of such communal violence enjoy impunity and face no consequences.
The restriction on the use of the hijab was introduced in the context of this rising culture of intolerance. Even though the court limited the restriction to within the classroom, it has been implemented far and wide, including to suspend Muslim women teachers and other working Muslim women.
What are the implications of the hijab ban for women’s rights?
The high court’s verdict, which kept the ban on the basis that the hijab is not an essential part of Islam, erased Muslim women’s free will to choose for themselves and violated not only their right to education but also their freedom of practise their religion.
Several studies suggest that due to systematic discrimination against the Muslim community, Muslim women in India encounter extreme hurdles in accessing education, especially higher education. In this context, the hijab ban is patriarchal and regressive in nature, because it makes decisions on behalf of Muslim women regarding what to wear and how to practise their faith.
The decision further pushes Muslim women out of educational spaces and places them under threat in any public space. More than 400 Muslim girls have already been not allowed to appear for their exams and are facing distress, and attacks on Muslim women wearing hijabs and burqas have also increased across India. But the authorities have still not acknowledged the violence that Muslim women are going through.
How has civil society responded to the ban?
There have been protests on two fronts. The girls who have been directly affected by this restriction are protesting outside their college gates and holding demonstrations in other public spaces. But they are facing intimidation and threats by Hindutva vigilante groups while also being warned that they will be criminally charged for protesting.
In bigger cities, protests are also being organised by human rights CSOs and Muslim groups, and particularly by Muslim women.
Following the Karnataka high court ruling, CSOs have played an important role in raising awareness about the implications of the verdict. Several CSOs rejected the court order while also producing analysis to help the public understand its intricate legal language.
Civil society has been able to respond in a tangible and timely manner, offering unconditional solidarity and support to the schoolgirls affected by the order and experiencing trauma resulting from violence, discrimination and harassment in the aftermath of the high court order. Some CSOs have offered mental health counselling and other services.
Other CSOs have offered litigation support, in two forms: first, by representing individual cases of religious discrimination and providing legal support to those who missed out on exams due to the ban; and second, by petitioning on larger issues before courts of law. There have been several petitions before the Supreme Court of India to challenge the Karnataka high court order.
In short, the civil society response has been key because of its capacity to play a full range of roles to drive change, from the micro to the macro level. An effective civil society is essential for advancing human rights in India, and the international community can play a vital role in reinforcing the work of local CSOs to amplify marginalised voices.
Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
Follow@aimanjkhan and@AgniDas26 on Twitter. -
INDIA: ‘Civil society efforts will be crucial to the quality of the elections’
CIVICUS speaks with Anjali Bhardwaj, founding member of the Society for Citizen Vigilance Initiatives (Satark Nagrik Sangathan, SNS), about recent electoral reforms and civil society efforts to ensure the quality of India’s upcoming election.Established in 2003, SNS is a civil society organisation (CSO) working to promote government transparency and accountability and foster active citizen participation.
What recent changes have been made to rules on campaign financing?
On 15 February, the Supreme Court ruled the electoral bond system currently used to finance election campaigns unconstitutional. This is a positive change, with a potential to bring transparency to campaign financing.
Introduced in 2018, the electoral bond scheme allowed people and organisations to buy designated bank bonds ranging from 1,000 to 10 million rupees (approx. US$12 to US$120,000) to donate to political campaigns in a completely anonymous way. When it introduced this system, the ruling Bhartiya Janata Party (BJP) presented it as a measure to combat corruption and increase transparency in political financing.
Before the bond system was introduced, political parties could receive funds in cash or through the banking system, but large corporate donations were often made in cash. All cash donations below 20,000 rupees (approx. US$240) were anonymous under the Income Tax Act. So to hoodwink the system, parties often reported large cash donations as multiple donations of amounts smaller than 20,000 rupees.
The electoral bond scheme was presented as a measure to increase transparency but the anonymity it ensured had the opposite effects. The opacity it enabled allowed single donors to provide unlimited funding. It hasn’t allowed people, CSOs, opposition political parties or even the Election Commission of India to track the flow of money in politics. It has compromised the public’s right to information, as voters are unable to discern the extent or sources of funding political parties receive. This limited people’s democratic right to make informed voting decisions.
What was the reasoning behind the Supreme Court’s decision?
The Supreme Court first addressed this issue as early as 2019, acknowledging the bond system’s potential harm to democracy but allowing it to continue while it analysed the substance of the case. But even back then, it emphasised the deepened information imbalance created by a system that allowed the ruling party to access information about donors and donations through the government-controlled bank while leaving opposition parties and the public in the dark.
In its recent ruling, the Supreme Court stressed that electoral bonds infringe article 19 of the constitution because without the right to information in electoral matters, the rights to free speech and expression guaranteed by article 19 cannot be fully realised.
Voters in India predominantly support parties, rather than individual candidates. When large corporations contribute generous funds to political parties, there is the presumption that they do so in the expectation of receiving favours in return once parties become part of governments. When favours are returned, policy is guided not by promises made to voters or by people’s needs but by the interests of funders. This is why funding transparency is crucial for informed voting. Without this information, voters cannot know what to expect when parties access government.
Electoral bonds exacerbated corruption through anonymous funding that gave free rein to large corporations to influence policy. They also made the playing field even more uneven, as the BJP consistently received a substantial share of electoral bonds.
The Supreme Court judgment declared the scheme and associated amendments unconstitutional, emphasising the importance of the right to information. The court prohibited further transactions and mandated disclosure of past transactions, marking a significant move towards restoring transparency and fairness in India’s electoral process.
How has civic space evolved under Prime Minister Narendra Modi?
Regrettably, since the beginning of the Modi government in 2014 we have seen a significant contraction of civic space, due to systematic attacks on the crucial right to dissent, a cornerstone of any democracy.
The essence of democracy lies in people’s right to question those in power. But in India, this right has been under attack in three primary ways.
First, those who express dissent, criticise government policies or challenge legislation are labelled as anti-national. The governments files legal cases against them, leveraging draconian laws, terror-related legislation and money laundering statutes to silence them.
Second, the government has deliberately weakened the laws that empower citizens. The Indian Right to Information Act, lauded as one of the world’s most progressive, has been amended twice in the last five years. Regressive amendments have severely affected people’s right to access information and question the authorities. Similarly regressive amendments to other laws, such as the Representation of People Act and the Income Tax Act, along with the electoral bonds, have further curtailed people’s right to access vital information to hold the authorities to account.
The government has also undermined the independence of institutions responsible for upholding fundamental rights, including the right to free expression and protest. This has eroded the constitutional protection people should enjoy when expressing dissent. Protesting and questioning the government have therefore become increasingly difficult.
The cumulative effect of these developments has dealt a severe blow to civic space in India.
Are there enough guarantees for a free and fair election?
India has needed electoral reform long before the current administration. For decades civil society has advocated for changes to strengthen the electoral process. While India takes pride in conducting relatively free and fair elections, concerns over the quality of elections have increased over time.
Civil society has repeatedly expressed alarm over issues including the influence of money over elections, the security and reliability of electronic voting machines and manipulation of the voter roll.
Regarding the undue influence of money over elections and consequently over policymaking, electoral bonds have long been a matter of major concern. Civil society has also expressed apprehension about glitches in and tampering with electronic voting systems, prompting debate and ongoing legal challenges in the Supreme Court. Alarms were also sounded by recent elections that saw arbitrary deletions and additions to voter lists.
Civil society continues to bring attention to these issues, urging authorities to find solutions. The resolution of these challenges is essential for India to genuinely claim it conducts free and fair elections.
Who are the major contenders in the 2024 election, and what are the main issues the winner will need to tackle?
India has numerous political parties that actively participate in elections. The BJP and its allies have successfully formed a government twice and are currently strong contenders to secure a third term in office. The opposition landscape includes the Indian National Congress, historically prevalent prior to the BJP’s rise. But there are many other national and regional parties that contribute to the diversity of the political spectrum.
As a developing country, India, faces multifaceted challenges. Among the most significant are deep-seated socio-economic inequality and high incidence of poverty, with a small number of families holding a substantial portion of the country’s wealth and a substantial percentage of the population living below the poverty line. There is much need for policies to uplift those on the margins of society and reforms to the structures that perpetuate inequality.
Equally crucial is the protection of civic freedoms, particularly for those who criticise the government, including through peaceful protests. Those who express dissent and demand accountability must be protected rather than criminalised.
The next government should prioritise these issues, addressing inequalities and working to create an environment where citizens can freely express themselves and participate fully in the democratic process.
Civic space in Indonesia is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the SCVI through itswebsite orFacebook page, and follow @sns_india on Twitter.
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INDIA: ‘CSOs that dare speak truth to power are attacked with politically motivated charges’
CIVICUS speaks to human rights lawyer and researcher Mrinal Sharma about the state of civic freedoms in India. Mrinal works to help unlawfully detained human rights defenders, asylum seekers, refugees and stateless persons in India. She worked as Policy Advisor with Amnesty International India until the Government of India forced the organisation to shut down in October 2020. Her work with Amnesty focused on people who are arbitrarily deprived of their nationality in Assam, the barriers against access to justice in Kashmir and the demonisation of minorities in India. Mrinal had previously worked with the Commonwealth Human Rights Initiative and Refugee Solidarity Network.
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INDIA: ‘Media and journalists are under tremendous pressure from the government’
CIVICUS speaks withGeetartha Pathak, president of the Indian Journalists Union (IJU), about the increasing violation of press freedoms in India.Founded in 1990, the IJU is a leading federation of journalists and associations working to foster free, frank and fearless journalism in India,protect journalists’ rights and personal safety and uphold the public’s right to information.
What are the current conditions for Indian media and journalists?
People who criticise the government, the leaders of the ruling party or their impractical policies are targeted by the ruling class. Indian media and journalists are under tremendous pressure from the government. They face false accusations of sedition, abetting terrorism, corruption and fostering animosity between religious groups in retaliation for their critical coverage of government policies and work. Journalists from media outlets such as Altnews, Newsclick, Scroll and The Wire are particularly vulnerable to these attacks.
Why are the authorities targeting critical media and journalists, and what tactics are they using against them?
Journalists, particularly those from independent media outlets, have criticised the government for adopting communal approaches and reminded the authorities of their constitutional obligation to follow secular policies. Independent media have extensively covered the government’s failures in handling the COVID-19 pandemic, criticised the 2019 Citizenship Amendment Act for being discriminatory and opposed recent amendments to the 2021 IT Rules that target online content considered ‘fake’ as a tool to criminalise dissent.
Journalists who do not compromise with the government and expose corruption in high places, hobnobbing by the ruling classes with a handful of corporate honchos and illegal business deals face all sorts of threats, including death threats.
The regime’s typical approach to pressure journalists involves threats, online trolling, criminalisation based on the 1978 Public Safety Act that allows arrests grounded on the alleged need to avert potential harm to ‘state security or public order’, summons of journalists by police and security forces, physical attacks and sometimes attempted murder. The situation is worsening by the day, with an increasing number of journalists being arrested, subjected to raids by police and other law enforcement agencies and facing lawsuits.
There is rampant seizure of personal laptops, phones and other tools from journalists without judicial authorisation and in violation of Supreme Court’s verdicts. Another tactic being used to put pressure on independent journalists is legal harassment through the filing of multiple court cases.
How have journalists and civil society organised in response?
Journalists are responding with mixed reactions. Despite the pressure, some continue their critical coverage, while others have toned down their voices and resorted to self-censorship. Some have surrendered under pressure and quit doing their work.
But this repression has also impacted on the popularity of the ruling party. Academics, social workers, activists and democratic-minded people have broadly criticised the government for curtailing media freedoms. Journalists’ unions and professional bodies have condemned attacks on journalists and the curtailment of press freedoms. They campaign on digital platforms and social media against restrictions on media freedoms, arrests of and attacks on journalists and media workers, internet trolling and legal harassment. They have staged protests in various parts of India.
What international support are Indian media and journalists receiving?
IJU is an affiliate of the International Federation of Journalists and consistently collaborates with journalists’ organisations from different countries. Many international journalists and human rights groups have expressed their solidarity with us, inspiring Indian journalists to further confront the challenges. The issue of the government squeezing the media is also raised in different forums of the United Nations. The Committee to Protect Journalists, Reporters Without Borders and other international civil society organisations have also monitored and denounced declining media freedoms in India.
Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the IJU through itswebsite or itsFacebook page, and follow@iju_india onTwitter.
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INDIA: ‘Muslim girls are being forced to choose between education and the hijab’
CIVICUS speaks about the recent ban on the hijab, a headscarf worn by Muslim women, in educational institutions in the Indian state of Karnataka with Zakia Soman, a women’s rights activist and co-founder of the Bharatiya Muslim Mahila Andolan (Indian Muslim Women's Movement, BMMA).Founded in 2007, BMMA is an independent, secular, rights-based civil society organisation (CSO) that advocates for the rights of women and the Muslim minority in India.
Why have girls wearing the hijab been banned from school in Karnataka state?
Girls in hijab were denied entry into classrooms in the name of the school uniform rules, with the authorities citing a circular that states that each student must comply with the uniform requirement in school. Both the Karnataka government and the high court played the uniform card to justify preventing Muslim women wearing the hijab from entering the college campus.
While educational institutions undeniably have the right to set their own rules, these cannot infringe the fundamental rights granted by the Indian Constitution. According to Article 25 of our constitution, all citizens are guaranteed the right to freedom of conscience as well as freedoms to profess, practise and propagate religion.
And under no circumstance can a dress code for schoolgirls be more important than education itself. Muslim girls have the right to be in school with or without the hijab, which is why I oppose those who promote the court’s verdict as a decision that empowers women. Although I don’t believe in the hijab, I think it is wrong to discriminate against girls wearing it. Our nation will only progress when girls have access to education regardless of their religious affiliation.
Does the hijab row indicate the rise of anti-minorities voices in India?
Although it may sound like an internal disciplinary matter over girls wearing the hijab, the wider context of the hijab row is one of religious polarisation and politics of hate towards Muslims. The hijab row is an integral part of the politics of religious hate in India’s polarised milieu, where Muslims are the target of the growing anti-Islam propaganda aired on TV as well as on social media platforms.
There is a spiralling nationwide campaign against the Muslim community under the garb of religious festivities. Journalists and other monitors have found deliberate, concerted violence against life, property and businesses of India’s Muslim community carried out by hooligans claiming to celebrate religious festivals in the states of Delhi, Gujrat, Karnataka and many others. But ultimately, the Indian state must be held responsible for the terrible living conditions experienced by millions of Muslims.
How has civil society responded to the ban?
Civil society has extended solidarity to the affected girls and has supported them. However, civil society’s response has so far failed to impress the government and the high court, which sadly ruled to uphold the hijab ban inside classrooms in Karnataka state.
As for opposition parties, they have been unable to run a sustained campaign to challenge the climate created by hate speech and open calls for the genocide of Muslims. This is why it’s so important for the international community to stand up and support the voices of sanity in India.
What have pro-hijab protests achieved so far?
Peaceful protests have been held in support of Muslim women’s right to wear the hijab in educational institutions. However, I am afraid that conservative elements of the Muslim community got involved in the protests in a way that aggravated matters, making Muslim girls and their families even more vulnerable to political onslaught.
In my understanding, neither the hijab nor the burqa, a full body covering, is mandatory in Islam; however, patriarchal elements would like to put every Muslim girl and woman behind a burqa or hijab. The matter could have been easily resolved through dialogue between college authorities and parents. Instead, it got politicised, with different religious and political outfits jumping in the fray with their radical and antagonistic positions.
As a result, Muslim girls found themselves in a tough position, being forced to choose between education and the hijab, which is outright unfair to them. Since many Muslim parents will not allow girls to go to school without the hijab and schools will not give them entry into class with the hijab, many girls have dropped out of their studies and have not sat their exams.
Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with BMMA through itswebsite and follow@BMMA_India on Twitter. -
INDIA: ‘The government is dealing with dissent in very concerning ways’
CIVICUS speaks Sudha Bharadwaj, a lawyer and long-time human rights defender working for the rights of workers and Indigenous peoples in India.Sudha wasarrested and detained in August 2018 under the draconian Unlawful Activities Prevention Act and accused of having links with Maoist terrorist organisations. Alongside 15 other human rights defenders, she was further accused of conspiring to incite violence among the Dalit community. Despiteproof that incriminating evidence against them was planted,concerns expressed by United Nations (UN) experts about the arbitrary charges and UN calls to release political prisoners from crowded jails during the pandemic, requests for Sudha’s release, including on health grounds, were repeatedlyrejected. She was finallyreleased on bail in December 2021 after three years in detention.
How did you get involved in human rights work?
For the last 35 years I have been working in Chhattisgarh, an area in eastern India that is very rich in mineral resources. I began around 1986 as a trade unionist and worked with a legendary union leader, Shankar Guha Niyog, who was organising iron ore miners. Conditions were appalling. Workers were not unionised, working hours were long, wages were very paltry and even the very basic labour laws of our country were not being applied.
I became a lawyer basically because my trade union needed one. I graduated in 2000, at the age of 40. I initially took up matters of our own union and later I shifted to work at the high court, where I realised contractual workers, farmers resisting land acquisition and Adivasi Indigenous groups resisting mining projects were forced to face very expensive corporate lawyers without any real legal assistance. They needed lawyers who understood them and who could devise legal strategies compatible with the tactics of their movements.
I started a group of lawyers to provide legal aid to unions, farmers’ and village organisations, Adivasi communities, and civil society organisations (CSOs). Around this time, I became involved in the People’s Union for Civil Liberties (PUCL), one of the oldest human rights organisations in India. We dealt with various human rights issues, including attacks and harassment of minorities and the criminalisation of Dalits and Adivasis under false accusations of having links with armed Maoist groups, also called Naxals. We took up several cases in which security forces fired on villagers accused of being Naxalites. We were eventually able to prove that these were false accusations.
I dealt with cases against big corporations, so I made powerful enemies. By taking up cases of Adivasis I also annoyed the government. In 2018 I was teaching a course at the national lawyer’s university in Delhi and that’s when I was arrested.
Can you tell us about your experience in detention?
Because the case was in Pune, I was initially sent to the women’s wing of the Yervada central jail, which is a prison for convicts. I was taken there with another activist, Shoma Sen. As soon as we were brought there, we experienced attacks on our dignity. We were asked to strip and squat. We were isolated: kept in separate cells, unable to communicate with other prisoners, led out into a yard for only half an hour a day. We were under constant surveillance.
In the winter it was very cold. We spend most of the time reading, although we struggled to get books. Because the library was in the men’s side of the jail, only 25 books were brought at a time. We were allowed to keep only two or three with us in our cell. We also had issues with access to water and sometimes had to carry in buckets. Shoma struggled with severe arthritis.
Later on, the National Investigation Agency (NIA) took over our case, so we were moved to Byculla jail in Mumbai. This jail was extremely overcrowded, and we lacked any privacy. We would sleep right next to one another on coffin-sized strips of the floor which were allotted to us by the kamwali (staff) in charge of the barracks. There were also limited bathrooms to share.
Social distancing was impossible, and during the second wave of the COVID-19 pandemic, many detainees got infected and were stuffed in a quarantine barrack. I did not become seriously sick but both Shoma and I requested medical bail due to underlying conditions. This was systematically denied.
Due to the pandemic, we were totally cut off from the outside world and were not taken to the courts for about five or six months. Then PUCL and other groups requested the Bombay High Courts to authorise telephone calls and we were allowed to speak to our families for 10 minutes once a week. Our lawyers could talk to us by sending an email to the jail, and the jail would allow us to phone them back - for 10 minutes, twice a week. That’s how we were able to tell them about prison conditions. I also tried to help people around us who were old or sick to write petitions.
How did you feel when you were finally granted bail, and what’s next?
The bail order was issued on 1 December 2021. I felt extremely disappointed that other activists linked to the case were not released with me. My request for bail was accepted on technical grounds. I heard the NIA appealed to the Supreme Court to overturn my bail, but it was immediately dismissed.
On 8 December I was taken to the court, given cash bail, and asked to produce sureties. When I came back to the jail, many detainees celebrated for me and gave me their requests. I was released the next day.
The bail conditions have restricted me to Mumbai, which is not my city. Friends have been very helpful, but I don’t have a home or work here so I’m still trying to adjust to the situation. I would like to continue my practice on behalf of prisoners and trade unions. For now, I have to attend court hearings and check-in at the police station every two weeks.
How have the conditions for activism in India changed while you were in jail?
Even before I went to jail things were already challenging, but since I was released, I have seen increasing attacks against minorities, notably Muslims. There has been a rise in hate speech, which seems to be manufactured and copiously funded, especially on social media.
The Citizenship Amendment Act (CAA), passed in December 2019, is discriminatory against minorities. There was a strong movement against the CAA law, in many places led by Muslim women, but this was shut down due to the pandemic.
We are also seeing that many institutions that are supposed to be independent – such as the Election Commission and investigating agencies – are being manipulated by the government. There are even concerns about the independence of the National Human Rights Commission, which has failed to take a proactive role on many important issues. The undermining of these institutions will affect their roles in their future, even if the government changes.
The government is dealing with dissent in very concerning ways. One clear example is the increasing surveillance of journalists, activists, and advocates. A lot of us involved in the case had our phones infected by Pegasus spyware. We have approached the Supreme Court-appointed Technical Committee looking into the use of Pegasus against Indian citizens and it has decided to request our phones from the NIA and undertake an inquiry.
There are also concerns about the impacts of the Foreign Contribution (Regulation) Act (FCRA) on civil society. If you advocate for workers, Indigenous peoples or poor communities, your work is considered a political activity and you are barred from doing it. Larger CSOs with FCRA registration should be able to support smaller CSOs on the ground, but the government is depriving them of the ability of distributing funds to local grassroots groups and reaching out to real beneficiaries.
Where do you see positive change coming from in India?
One beacon of hope is the farmers’ movement. The opposition was against the farm bills proposed by the government, but it was unable to stop them. It was farmers themselves who stopped them, by standing their ground for almost one year in the heat, cold and rain. Thousands of criminal cases were brought against farmers, and they were smeared as terrorists. But they managed to hold their ground, build unity and push back. The key lesson here is that people must get organised.
I think that if it hadn’t been for the pandemic, the anti-CAA law movement would have had similar results. Students are also an important force, but we are seeing them facing attacks to prevent them organising and speaking up. But they will find a way to continue their struggle.
At a time when many internal mechanisms are failing us, international scrutiny and pressure are also key to improving the situation. There are international standards India cannot ignore. But of late, the Indian government has taken a problematic attitude towards UN bodies, including UN missions to Kashmir, and has gone as far as preventing people from speaking at or participating in international conferences. When UN Special Rapporteurs have made comments on human rights in India, the response has been dismissive and disparaging.
The government often uses terrorism and national security as an excuse for all kinds of human rights abuses. It is important to put the spotlight on this and not let the government get away with it.
Civic space inIndia is rated ‘repressed’ by theCIVICUS Monitor.
Sudha was one of our #StandAsMyWitness faces. The campaign advocates for the release of Human Rights Defenders behind bars. In 2021, we welcomed the news of the release of three Human Rights Defenders -including Sudha-, and we continue to use our voices to call for the release of all other detained activists. Head to the official campaign page to read more about the current faces featured and join us in standing as their witnesses!
