“Giving elaborate details of targeting of human rights defenders and journalists in Kashmir, CIVICUS call for release of activists, compliance with international norms.”
NEW DELHI: A new CIVICUS Monitor report, published ahead of the India’s 2024 elections, shows that the Indian government used an array of restrictive laws and policies to silence dissent by targeting critics including civil society groups, human rights defenders and independent media.
In its 11-page report, the CIVICUS Monitor dedicates at least two pages to Kashmir and highlights that human rights work in Kashmir has almost come to a complete standstill due to arrests of activists and continuous harassment of civil society organisations and activists through raids and interrogations.
Prime Minister Narendra Modi’s second term in power was sustained by a pattern of repression to undermine democracy and civic space, the global civil society alliance, CIVICUS, said today.
Over twenty organisations collaborate on the CIVICUS Monitor to provide an evidence base for action to improve civic space on all continents.
Civic space in India is rated as “repressed” by the CIVICUS Monitor and it has called upon the government to drop all charges against human rights defenders, activists and protesters, and immediately and unconditionally release all those detained; review and amend India’s criminal laws to conform to international law and standards and take steps to ensure that all human rights defenders in India can carry out their legitimate activities without any hindrance or fear of reprisals.
Crackdown on Civil Society
The report highlights how civil society organisations have faced an increased crackdown through the cancellation of their registrations, raids and investigations by law enforcement agencies.
The authorities also blocked access to foreign funding for civil society groups, critical of the government, through the restrictive Foreign Contribution Regulation Act (FCRA), which the UN has deemed in contravention of international law and standards, it said.
Human rights defenders critical of the government were also implicated and jailed in politically motivated cases under the Unlawful Activities Prevention Act (UAPA), a draconian anti-terror law. Under the UAPA’s draconian provisions, activists remain in detention for long periods and are often denied bail even on health grounds as exemplified in the Bhima Koregaon case, the report states.
It also highlights that India also witnessed an increase in attacks and restrictions against independent media and journalists in recent years such as the targeting of NewsClick with raids, searches and seizures by various government agencies.
“The increasing use of restrictive laws during Prime Minister Modi’s second term to crackdown on civil society, human rights defenders and independent media, highlights a government that has become intolerable of any form of dissent. These laws have become tools for judicial harassment and are incompatible with India’s international human rights obligations as well as India’s Constitution”, said Marianna Belalba Barreto, Research Lead for the CIVICUS Monitor.
CIVICUS also highlights in the report that since the 2019 elections, major protests in India have been met with arbitrary arrests and excessive use of force by the police, including protests against the discriminatory Citizenship (Amendment) Act (CAA) 2019 and the farmers protests.
Authorities used Section 144 of the Criminal Procedure Code, a colonial-era provision, to arbitrarily restrict or deny assemblies. Internet shutdowns were also used to prevent people gathering in protests and fabricated charges were brought against protesters, with some still remaining in detention, it adds.
Silencing Kashmir
The CIVICUS Monitor takes a serious view of the crackdown on civil liberties in Kashmir.
The human rights landscape in Kashmir has drastically deteriorated, with a sharp decline in activism and media freedom, it notes. Since August 2019, the abrogation of Article 370 of the Indian constitution and the subsequent division of Jammu and Kashmir into federally administered territories have exacerbated the situation, it states.
It highlights that the central government’s actions have led to a stifling environment where dissenting voices are targeted and silenced.
This crackdown has created a pervasive atmosphere of fear and censorship in the region, the report states.
The report highlights the case of human rights defender Khurram Parvez from the Jammu Kashmir Coalition of Civil Society, who has been detained under the UAPA for more than two years. He was arrested by the National Investigation Agency (NIA) on politically motivated charges, highlighting the systematic targeting of activists.
Similarly, journalist Irfan Mehraj was arrested under accusations of terrorism financing, further illustrating the suppression of dissenting voices, the CIVICUS Monitor states.
Kashmiri human right defenders Khurram Parvez and Irfan Mehraj(Photo Credit: Twitter/CIVICUSalliance)
Crackdown on journalists in Kashmir
It quotes the Committee to Protect Journalists (CPJ) which has reported a concerning increase in the detention of journalists in Kashmir, describing the media environment as reaching a “breaking point.” Authorities frequently use vague charges, such as “anti-national posts” or “publishing rumors,” to justify arrests and censorship of journalists, the CPJ has said.
The report also takes a serious view of the arbitrary suspensions of passports and travel bans imposed on journalists by Indian authorities restricting their freedom of movement and access to international platforms. These actions not only hinder their professional activities but also serve as punitive measures for critical reporting, it states.
The prolonged internet shutdowns in Kashmir have further exacerbated the situation, severely limiting journalists’ ability to report news and access information. This deliberate tactic by the authorities undermines press freedom and obstructs the flow of information.
“The systematic crackdown on peaceful protests and the jailing of protesters for exercising their right to peaceful assembly shows the erosion of democratic space during Modi’s second term. In Kashmir, the heavy-handed repression by the Indian government against critical voices and the failure to ensure accountability has left the region in a climate of fear,” said Belalba.
Recommendations
The report addresses key recommendations aimed at safeguarding human rights in India, addressing concerns surrounding freedom of association, expression, and peaceful assembly, as well as ensuring the protection of human rights defenders.
It calls upon the Indian government to align laws like the UAPA and sedition provisions with international human rights standards to prevent misuse and demands the immediate release of all detained human rights defenders and a review of their cases to prevent further harassment is essential.
It suggests modifying FCRA to match global norms, allowing CSOs unhindered foreign funding, legal revisions on peaceful assembly laws and impartial probes into extrajudicial killings and excessive force by security forces during protests.
The report urged aligning national laws with media freedom standards, safeguarding journalists from reprisals. It stressed amending Information Technology Rules to adhere to global online expression norms, avoiding censorship and internet shutdowns.
The report urges global advocacy for rights protection and condemns government harassment of human rights defenders. It stresses an independent international inquiry into alleged human rights violations in Kashmir.
—–
