India: Crackdown on the opposition, divisive rhetoric and targeting of activists and critics persists around the elections

India’s civic space is rated as ‘repressed’ by the CIVICUS Monitor. In recent years, the government has misused the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and journalists for undertaking their work. The authorities have blocked access to foreign funding for NGOs using the restrictive Foreign Contribution (Regulation) Act (FCRA), and human rights defenders and journalists in Indian-administered Jammu and Kashmir continue to be targeted.

A new CIVICUS Monitor report, published ahead of the 2024 elections held in April and May, highlighted how civil society organisations have faced an increased crackdown through cancellation of their registrations, raids and investigations by law enforcement agencies.

In March 2024, UN human rights experts sounded the alarm over reports of attacks on minorities, media and civil society in India and called for urgent corrective action as the country prepares to hold elections in early 2024. They noted reports of violence and hate crimes against minorities; dehumanising rhetoric and incitement to discrimination and violence; targeted and arbitrary killings; acts of violence carried out by vigilante groups; targeted demolitions of homes of minorities; and intercommunal violence, as well as the misuse of official agencies against perceived political opponents.

This continued to play out during the elections. Speaking at a rally in the western state of Rajasthan on 21st April 2024, Indian Prime Minister Narendra Modi made inflammatory statements against the country’s 200 million Muslims of the country, referring to them as ‘infiltrators’, which has been perpetuated by the ruling Bharatiya Janata Party (BJP) and its allies to portray them as outsiders. Further, Modi also referred to Muslims as ‘those who have more children’, a conspiracy theory that suggests that Indian Muslims produce more children intending to eventually outnumber the Hindus of the country.

Nearly 20,000 citizens wrote to the election commission seeking action and an independent investigation into the matter. The rights group People’s Union of Civil Liberties demanded that Modi be disqualified from contesting elections for his hate speech. On 25th April, the Election Commission of India sought a reply from the President of the BJP, JP Nadda over the Prime Minister’s targeting of Muslims in the campaign speech.

The Geneva-based UN-linked Global Alliance of National Human Rights Institutions (GANHRI), deferred granting accreditation to India’s National Human Rights Commission (NHRCI) for the second year in a row. The decision was taken on 1st May 2024 during the meeting of the Sub Committee on Accreditation and could affect India’s ability to vote at the Human Rights Council and some UN General Assembly bodies. In March 2024, human rights groups wrote to GANHRI sharing their concerns about the functioning of the NHRCI, including the failure to effectively discharge its mandates to respond to the escalating human rights violations in India, in particular against human rights defenders, lack of pluralism in selection and appointments of its duty holders, and insufficient cooperation with human rights bodies, amongst others.

In recent months, there were reports of politically motivated charges brought against opposition leaders. The authorities have also revoked visa privileges of diaspora critics and barred an academic from entering the country. An indigenous human rights defender was arrested under the UAPA, a law which has kept activists behind bars for long periods. India was ranked poorly again in world press freedom rankings as it continues to target journalists with arrests and harassment. WhatsApp may shut services due to pressure from the government to break chat encryption.

Association

Crackdown on the opposition around the national elections

Political opponents of the BJP have been targeted around elections. Opposition parties allege the government is exploiting federal agencies to target political rivals, citing a pattern of raids, arrests and corruption probes.

The Delhi Chief Minister and national convenor of the Aam Aadmi Party (AAP), Arvind Kejriwal was arrested on 21st March 2024 on corruption and money-laundering allegations, which opposition leaders say is politically motivated. The Enforcement Directorate (ED) alleged that a policy on liquor sales from 2021 was intentionally designed with loopholes to favour AAP leaders and promote cartel formations. All the main leaders of the party are also in pre-trial detention in connection with the liquor case.

Also, the Indian National Congress (INC) party has accused the government of damaging their ability to campaign for the elections by freezing its bank accounts in a tax dispute that dates back to 2018-19.

The AAP and INC are together part of the I.N.D.I.A. group, forming the main political opposition in the country.

Previously, on 31st January 2024, Hemant Soren, former Chief Minister of Jharkhand state and member of the opposition party Jharkhand Mukti Morcha, was also arrested by the ED on charges under the Prevention of Money Laundering Act and remains in jail.

These arrests are part of a larger pattern of opposition parties coming under the radar of law enforcement agencies under the BJP since 2014. A recent report by the Indian Express shows that ED probed nearly 121 political leaders from 2014 to 2022, with 115 being opposition leaders.

The significant increase in the ED cases is attributed to the Prevention of Money Laundering Act (PMLA), another draconian law that has been strengthened in recent years to include stringent bail conditions. The Opposition has raised the issue of disproportionate targeting by the ED in parliament several times, only to have their claims denied by the government. The ED has also been accused of leniency in cases against Opposition politicians who joined the BJP.

Authorities revoke visa privileges of diaspora critics

Indian authorities are revoking visa privileges to overseas critics of Indian origin who have spoken out against the BJP-led government’s policies.

According to Human Rights Watch on 17th March 2024, Prime Minister Narendra Modi’s government has targeted people it claims are “tarnishing the image” of the country. The Overseas Citizens of India (OCI) status is available to foreign citizens of Indian origin or foreigners married to Indian nationals to obtain broad residency rights and bypass visa requirements, but does not amount to citizenship. Many of those whose OCI visa status was revoked are Indian-origin academics, activists and journalists who have been vocal critics of the BJP’s Hindu majoritarian ideology. Some have challenged their exclusion in Indian courts on constitutional grounds, seeking protection of their rights to speech and livelihood.

Over the past decade, the government has canceled over 100 permits and deported some status holders for allegedly showing “disaffection towards the Constitution.” This has heightened concerns for OCI cardholders whether living in India or abroad, many of whom have older parents and other strong personal ties to India.

Human Rights Watch said: “Indian government reprisals against members of the diaspora who criticise the BJP’s abusive and discriminatory policies show the authorities’ growing hostility to criticism and dialogue. The authorities seem intent on expanding politically motivated repression against Indian activists and academics at home to foreign citizens of Indian origin beyond India’s borders.”

Academic denied entry into India

On 25th February 2024, a British-Kashmiri writer and scholar, professor Nitasha Kaul, was denied entry into the country by immigration officials at the Kempegowada International Airport in Bengaluru, citing orders from the Central Government. She holds an Overseas Citizen of India (OCI) card.

A professor of politics and international relations at the University of Westminster, Kaul was invited by the Karnataka government to participate in a seminar on the Constitution and national unity but was refused entry despite having all her documents in order. Kaul has been a vocal critic of the BJP and its affiliated groups and, in 2019, testified before the United States House Committee on Foreign Affairs about human rights violations in Indian-administered Kashmir after the abrogation of Article 370.

The immigration officers detained Kaul in a holding cell for 24 hours under direct CCTV surveillance with restricted movement and a narrow area to lie down. She was also denied access to food and water and basic amenities. She was sent back to London after being detained for 24 hours. Kaul said she has received numerous rape and death threats online from pro-BJP trolls in India and overseas.

Indigenous human rights defender arrested under the UAPA

According to Frontline Defenders (FLD), on 2nd April 2024, indigenous human rights defender Surju Tekam was arrested following a raid on his home by security forces in Chhattisgarh state, India. He is held under the repressive Unlawful Activities (Prevention) Act (UAPA) and the Arms Act and has been denied bail by the National Investigation Agency Court in Bilaspur.

Surju Tekam’s family members allege that literature associated with the banned Communist Party of India (Maoist) (CPI(M)) and weapons were planted in his residence by security forces. The police have alleged that Surju Tekam has been mobilising Adivasis on behalf of Maoist organisations.

Surju Tekam is the convenor of the Bastar Coordination Committee of Mass Movements (Bastar Jan Sangharsh Samanvay Samiti) and the Vice-President of Sarva Adivasi Samaj, a collective of all Adivasi organisations in Chhattisgarh. His arrest stems from his vocal advocacy on behalf of peaceful local movements against increasing human rights violations, forcible land acquisition for corporate interests, and militarisation in the state.

FLD said that arrests of indigenous human rights defenders in Chhattisgarh under accusations of Maoist links have been used as a means of persecution to stifle dissent and undermine their legitimate demands for the rights of Adivasi communities in the region.

Activist Shoma Sen granted bail after more than five years in detention

On 5th April 2024, the Supreme Court granted bail to the activist Shoma Sen, nearly six years after she was detained on politically motivated allegations of supporting a Maoist insurgency. On 15th March 2024, a bench of judges questioned the National Investigation Agency regarding the continued detention of Sen. Following this, the agency told the court that it did not need her in custody anymore.

The court, however, told Sen not to leave Maharashtra and to surrender her passport, if she has one, with the special court while she is out on bail. She is also required to keep the Global Positioning System, or GPS, feature active on her mobile phone and keep it paired with the device of the investigating officer so that her location is known.

Sen was part of a group of 16 activists, lawyers, and academics who were arrested on trumped up charges in relation to violence that broke out in Bhima Koregaon village in Maharashtra state in January 2018. They are accused of provoking caste-based riots and of having links with the banned Communist Party of India (Maoist) and have been charged under various provisions of the Indian Penal Code and the repressive UAPA. Only five have received bail.

Human rights defender G.N. Saibaba acquitted after a decade in prison

On 5th March 2024, The Nagpur bench of the Bombay High Court acquitted former Delhi University professor G. N. Saibaba and five others who were accused of links with banned Maoist organisations. One of the five, Pandu Narote, has already died in prison.

G.N. Saibaba was initially arrested by the police in 2014 and accused of links to banned Maoist organisations. In March 2017, he was convicted by a sessions court in Gadchiroli, Maharashtra under the draconian Unlawful Activities Prevention Act (UAPA) and sentenced to life in prison.

In 2022, the Bombay High Court had acquitted him, but the Supreme Court set aside the acquittal order and remanded the matter back to the High Court for a fresh hearing.

G. N. Saibaba has a disability due to polio and other severe health issues including a heart condition. His health had suffered a serious deterioration exacerbated by his detention conditions and lack of access to adequate medical care. He contracted COVID-19 twice in jail, in January 2021 and in February 2022. He said he was repeatedly tortured and subjected to abuse while in prison.

Expression

India ranks poorly in world press freedom rankings

India is ranked 159 out of 180 countries in the 2024 World Press Freedom Index released by Reporters Without Borders (RSF) on 3rd May 2024. RSF said that due to violence against journalists, highly concentrated media ownership and political alignment, press freedom is in crisis in “the world’s largest democracy”, ruled since 2014 by Prime Minister Narendra Modi, leader of the Bharatiya Janata Party (BJP) and the embodiment of the Hindu nationalist right.

RSF said that the government has never shied away from using colonial era laws, such as those relating to sedition, defamation and anti-state activities, to suppress the media. Anti-terrorism laws are increasingly used against journalists.

Journalists who are critical of the government are routinely subjected to online harassment, intimidation, threats and physical attacks, as well as criminal prosecutions and arbitrary arrests. They can be victims of violence from police officers and political activists, as well as criminal groups and corrupt local officials.

Ongoing targeting of journalists

Journalists continue to face arrest and harassment for undertaking their work.

Kashmiri journalist Aasif Sultan was initially arrested in August 2018 under the UAPA. It is said that his arrest was due to a story he wrote about insurgent leader Burhan Wani, whose death sparked protests in Kashmir. The Jammu and Kashmir Public Safety Act (PSA) was also used against him in 2022. He was freed in February 2024 from more than five years of arbitrary detention but was re-arrested two days later.

According to the Committee to Protect Journalists (CPJ), on 27th February 2024, Sultan was released from jail in the northern state of Uttar Pradesh and on 29th February he reached his home in Srinagar. When Sultan responded later that day to a summons to appear at Srinagar’s Rainawari police station for questioning on a separate matter, he was re-arrested. On 1st March, Sultan was presented at a local court in Srinagar, which ordered that he remain in police custody pending investigation. He was granted bail on 15th May 2024.

CPJ reported that Avani Dias, South Asia bureau chief for the Australian Broadcasting Corporation (ABC), left India on 19th April 2024, the first day of India’s election, after being told by a Ministry of External Affairs official that her visa extension would be denied because her reporting had “crossed a line”.

In March 2024, ABC broadcast a documentary by Dias on the June 2023 killing in Canada of Sikh separatist Hardeep Singh Nijjar, who was a Canadian citizen. Canadian Prime Minister Justin Trudeau said there were “credible allegations” that India was involved in the Sikh leader’s shooting, which India dismissed as “absurd.” After receiving a demand from India’s Ministry of Information and Broadcasting, YouTube blocked access in India to Dias’ report, as well as an ABC news segment about Australian national security agents meeting with Sikh activists in Australia regarding Nijjar’s death.

On 15th May 2024, the Supreme Court ordered the release of NewsClick founder and editor Prabir Purkayastha after he had spent 225 days behind bars in connection with a UAPA case filed by the Delhi Police Special Cell. As previously documented, he was arrested on 3rd October 2023, after police raided the homes of 46 journalists, staff and contributors seemingly connected to the site, seizing electronic devices, including laptops and cellphones, over allegations of illegal foreign funding, which the outlet has categorically denied. He was detained on charges of terrorism and criminal conspiracy.

WhatsApp may stop services if forced to break encryption

WhatsApp messaging app warned that it will stop its services in India if it is forced to break chat encryption in the near future. WhatsApp informed the Delhi High Court of this at the end of April 2024, where it is facing a battle to keep its users secure behind its vaunted end-to-end encryption for chats, calls, videos and more.

The Indian government has repeatedly claimed that WhatsApp and other messaging apps need to allow them to trace the messages under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 which is not possible when the chats are secure behind encryption and the keys are not accessible to anyone, including WhatsApp.