Uncovering Indian Human Rights Record

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What Are India's Human Rights Violations? - YouTube

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by Anum Iqbal    16 February 2023

India, known as the largest democracy in the world is also a major violator of human rights towards its own citizens. Although with such large population, it has its own set of human rights challenges. However, the brazenly ignorant and unapologetic attitude and behaviour of New Delhi with regards to human rights must be a concern for international community. We are witnessing India’s slide towards authoritarianism and post human rights international order, and it is collective responsibility of international community to stop this from happening, not only for millions of minorities in India but for the sake of international and regional peace and stability.

Some of the reasons that India’s human rights record is criticized by human rights organizations include discrimination and violence against marginalized communities, police brutality and custodial deaths, restrictions on freedom of expression, violence against women, and lack of access to justice.

India has a history of discrimination and violence against marginalized communities such as Dalits (formerly known as “untouchables”), tribal, and religious minorities. There have been numerous instances of police brutality and custodial deaths in India in cases primarily motivated by political or religious reasons. Restriction and censorship is now a normal occurrence. There have been uncountable occasions where the government has imposed restrictions on freedom of expression, such as censoring the media and cracking down on protests; protest against CAA & NCR and Farmers’ protest is case in point. India has a high rate of violence against women, including sexual assault and domestic violence with horrific tales of violent rape and sexual assault is frequently reported by International media. Moreover, there are issues with the administration of justice in India, including a large backlog of cases, lengthy trial periods, and corruption.

These are some of the key reasons why India’s human rights record is criticized by human rights organizations. Congressional Research Service of US Congress in its Indian Human Rights Assessment report of 2022 (IF12198) made damming observations. The 2021 Report on International Religious Freedom by the U.S. State Department identifies India as the site of numerous human rights abuses, many of them significant, with the scope and scale of such abuses increasing under the leadership of Prime Minister Narendra Modi and his Hindu nationalist Bharatiya Janata Party. The report mentions numerous attacks on members of religious minority communities and cow vigilantism against non-Hindus, as well as the adoption of laws restricting religious conversions in some states. The U.N. High Commissioner for Human Rights and the U.S. Commission on International Religious Freedom have also expressed concern about religious freedom in India. India has been re-designated as “Partly Free” by Freedom House and is considered “an electoral autocracy” by the Sweden-based Varieties of Democracies project. India has also been criticized for press freedom with its ranking continuing a six-year downward trend, and online freedom with internet shutdowns being declared “dangerous acts of digital authoritarianism”.

The 2021 Report on International Religious Freedom, released by the United States Commission on International Religious Freedom (USCIRF), criticized India on several fronts related to religious freedom. Some of the key criticisms included:

Restrictions on religious minorities: The report noted that the Indian government has imposed restrictions on religious minorities, particularly Muslims, and that this has led to a decrease in religious tolerance and an increase in communal violence.

Use of anti-conversion laws: The report criticized the use of anti-conversion laws by the Indian government, which it claims are often used to restrict religious freedom and target minority communities. Violence against religious minorities: The report highlighted incidents of violence against religious minorities, including mob violence, lynchings, and targeted attacks, and expressed concern that the Indian government has failed to hold those responsible accountable.

Restrictions on free speech: The report also criticized the Indian government for restricting free speech, particularly with regards to the expression of views that are critical of the government or supportive of minority communities. Censorship of the media: The report expressed concern about censorship of the media in India, including the blocking of websites and the use of sedition laws to silence critics.

Similarly, Human Rights Watch’s World Report 2021 identified several human rights violations in India, including: Attacks on religious minorities: The report highlights increasing incidents of mob violence, lynching, and police brutality targeting religious minorities, particularly Muslims.

Restrictions on freedom of speech and assembly: The report criticizes the Indian government for using laws to silence critical voices, including journalists, activists, and human rights defenders.

Discrimination against Dalits and Adivasis: Dalits, also known as “untouchables,” and Adivasis, India’s indigenous peoples, continue to face discrimination and abuse, including forced labor, land grabbing, and sexual violence.

Abuses in conflict areas: The report highlights human rights abuses in conflict-affected areas, including IIOJK and northeastern states, including extrajudicial killings, arbitrary arrests, and torture by security forces. Police brutality: The report notes that the Indian police have been implicated in numerous cases of extrajudicial killings, torture, and fake encounters, often with impunity.

Adverse effects of government policies: The report notes that government policies, such as the Citizenship Amendment Act and the National Register of Citizens, have had adverse effects on the rights of marginalized communities, particularly Muslims.

Human Rights in Kashmir has been a major concern for many years. In 2019, the Indian government removed the autonomous status of Jammu and Kashmir and divided it into two Union Territories. This change was criticized by the United Nations Office of the HCHR as it posed a risk to the rights of minorities.

As per the Human Rights Watch’s World Report 2021, journalists in IIOJK continue to face restrictions on free reporting and movement. There have also been reports of human rights monitors being restrained or harassed by state agents.

The government has imposed harsh and discriminatory restrictions on the Muslim-majority areas of Kashmir, which has raised concerns among human rights organizations. The HRW World Report 2021 also criticizes the Public Safety Act and the Armed Forces (Special Powers) Act, which allow for mass detentions without charges and provide impunity for security forces, even for serious human rights abuses.

Human rights situation in India remains a concern, with increasing adoption and implementation of draconian legal measures to intimidate minorities, restrictions on free reporting and movement, discriminatory restrictions, and impunity for security forces for human rights abuses. International community must continue to highlight Indian human rights violations and build sustained pressure on New Delhi to stop grave human rights violations which can have far reaching global consequences.