India slammed for human rights violations

India faced severe criticism over its poor human rights record during the 41st session of the United Nations Universal Periodic Review (UPR) in Geneva on November 10, 2022. India’s human rights record was examined by the UPR Working Group for the fourth time in the live webcast meeting. The extraordinary meeting marked the beginning of the fourth UPR cycle for India. The previous UPR reviews took place in April 2008, May 2012, and May 2017.

During the session, the Indian representatives failed to provide any credible response to concerns raised about their government’s rights violations, notably the mass arbitrary detentions, suppression of dissent, and absence of peoples’ right to freedom of expression and opinion in occupied Kashmir.

India’s human rights-abusing regime led by Narendra Modi has long been on the radar of rights’ groups for its use of the ‘Unlawful Activities (Prevention) Act’ (UAPA), particularly the targeting of minority groups and political and human rights activists — without allowing them an opportunity for a fair trial.

Since the Rashtriya Swayamsevak Sangh (RSS)-influenced Bharatiya Janata Party (BJP) government took power in India, the country has witnessed an alarming digital authoritarian movement. The Modi-led government has initiated numerous threatening intimidatory actions against human rights defenders and media personnel, and implemented harsh laws including UAPA, which grant the government powers and increased control over content on social media platforms. These laws adversely impact human rights.

The Indian government’s efforts to criminalise dissent and to censor information include shutting down the internet, preventing journalists from accessing protest sites, filing criminal charges against those media persons who criticise the government, and issuing broad advisory directives to social media companies to block critical content. Today, India is leading the world in internet shutdowns to curb digital rights. This is astonishing as India calls itself the world’s largest democracy.

Draconian laws have also been used to criminalise expression including sections of the Unlawful Activities (Prevention) Act, 1967 (the ‘UAPA’) Section 35, which gives the State the power to designate anyone as a ‘terrorist’ with little evidence, and to detain them for up to 180 days without filing a chargesheet. Concerns have been raised repeatedly on the use of the UAPA to stifle free speech and other civil liberties in the country.

Scathing reports released by international human rights bodies, including 2018’s landmark report by the Office of the High Commissioner for Human Rights, and other rights bodies, have exposed India’s dark record including its despicable motives including the use of rape as a weapon of war against Kashmiris.

During the third ‘Universal Periodic Review’, delegates identified numerous concerns about India’s efforts to suppress democratic dissent, distorted facts, providing blatantly false or misleading responses on issues such as on violations of religious freedom, arbitrary arrests, and its non-compliance of the UPR recommendations. India also received nine recommendations in that cycle relating to free speech, tackling religious discrimination, hate speech and xenophobia against minorities, protection of human rights defenders, privacy, and communications surveillance. However, India failed to accept any of these recommendations.

Despite strong protests from human rights organisations, including the United Nations and the OIC, India has constantly failed to address key human rights concerns. For years, India has been flouting the UN human rights mechanisms, but the growing global outcry over its mistreatment of minorities within the country and especially in Kashmir – an UN recognised Disputed Territory – has left the government of India red-faced at the international level.

It is important to note that more than 200 civil society groups have raised concerns over the situation in occupied Kashmir and asked the Indian government what steps it had taken regarding the improvement of the human rights situation in the disputed region. During the 3rd cycle of UPR in 2017, India was handed more than 250 recommendations to improve its human rights record. India accepted 152, but failed to uphold its commitments and make progress in any of the areas of concern.

During the UPR’s 4th cycle that resumed its proceedings on November 10, 2022, India again faced major backlash for failing to keep up with its secular nature and its shrinking civil society space. At least, 132 countries participated in the debate. Most of their recommendations related to the ratification of the convention against torture, convention against involuntary and enforced disappearances, repealing of draconian laws like PSA, AFSPA, UAPA, ratification of optional protocols of UN conventions on civil and political rights, economic, social, and cultural rights, convention on discrimination against women and girls.

India submitted its country report on August 17, 2022. Taking into account recommendations made by Special Rapporteurs and treaty body experts, the Human Right Council and civil society organisations delivered reports with a compilation of different human rights issues in India. The Indian government claimed that it firmly believed in the promotion and protection of human rights guaranteed under international and its own constitution. However, the joint submissions of reports by human rights organisations from different countries took strong exception to the Indian official position by highlighting the extensive human rights abuses by India, including the escalated crackdown on independent and democratic institutions, and using draconian sedition, counterterrorism, and national security laws to prosecute and harass human rights activists and journalists, and growing attacks, discrimination, and incitement against religious minorities.

Among those who submitted their reports to the UN were ActionAid Association, Amnesty International, Christian Solidarity Worldwide, Global Partnership to End Violence Against Children, Human Rights Watch, International Campaign to Abolish Nuclear Weapons, International Commission of Jurists, Islamic Human Rights Commission, Kashmir Institute of International Relations and National Campaign Against Torture.

Some of the countries including the United Kingdom, the United States, Germany, Belgium, Spain, Mexico, Netherlands, Norway, Sweden, Slovenia, Switzerland and Portugal submitted advance questions to India asking what procedures it had put in place to promote the harmonisation of national disability legislation with respect to the provisions of the Convention on the Rights of Persons with Disabilities (CRPD), in particular, the National Trust Act and the Rehabilitation Council of India Act and restoration of fundamental freedoms, including the right to freedom of speech and expression.

Norway expressed concern over human rights violations committed in areas under martial law and asked India whether it will consider repealing the Armed Forces (Special Powers) Acts.

The member countries asked India to take a tougher stand on sexual violence and religious discrimination in the country. Member States also urged New Delhi to reduce the broad application of ‘anti-terror’ laws. Michele Taylor, the US ambassador to the Council, while talking to media said: “We recommend that India reduce the broad application of the Unlawful Activities (Prevention) Act and similar laws against human rights activists, journalists and religious minorities.”

“The application of anti-terror legislation has led to prolonged detentions of human rights defenders and activists,” she added. Earlier, Canada urged India to probe all acts of sexual violence and protect freedom of religion by investigating religious violence including against Muslims.

As many NGOs find it difficult to operate in India given the restrictions imposed by the application of the Foreign Contribution Regulation Act (FCRA), the Indian Government was asked about its plans to ensure that human rights organisations can operate in India. During the UPR process, delegates also raised the issue of India’s stance on freedom of speech and expression, with Switzerland suggesting that India should “ensure open access to social networks and not impose any measures that would slow down or block internet connections”.

The peer review mechanism of the UPR process was established in 2006 by the UN General Assembly. All 193 Member States of the UN undergo this review every four years, where countries come under the scrutiny and accountability of other Members and are allowed to answer their questions pertaining to issues they deem critical.

Member States are also permitted to make recommendations to each other and discuss progress from previous sessions.

In its UPR submission, the Kashmir Institute of International Relations, while referring to worsening political and human rights situation and use and abuse of draconian laws by Indian forces in the occupied Kashmir, recommended that Indian government must:

1. Allow unhindered access to OHCHR fact–finding mission to Jammu and Kashmir and oblige the request of United Nations High Commissioner’s public appeal for the same during the 33rd Session.

2. Allow UN Special Procedures and mandate holders to visit India and Indian occupied Kashmir.

3. Repeal Armed Forces Special Powers Act of 1990 (APSFA), and the Jammu Kashmir Public Safety Act (JK PSA).

4. Stop criminalising freedom of expression and freedom of opinion through Unlawful Prevention Activities Act (UAPA).

5. Ensure freedom of travel, including grant of travel documents, to people of Jammu and Kashmir, regardless of political opinions, affiliations, or activities.

6. Allow unrestricted access to ICRC, MSF and UNMOGIP.

7. Demilitarise schools, hospitals and all other such public institutions in Jammu and Kashmir.

While raising the issue of Kashmir at the forum, Pakistan stressed the need for an immediate end to all human rights violations being committed by Indian forces in the Indian held territory of Jammu and Kashmir and called for release of Kashmiri political prisoners, journalists, and human rights defenders.

Pakistan also demanded that New Delhi must demonstrate its commitment to international law by complying with Article 25 of the UN Charter and implementing UN Security Council Resolutions (UNHCR) on Jammu and Kashmir, and reverse illegal steps taken since August 5, 2019 in occupied Jammu and Kashmir and cease demographic engineering.

The writer is the Chairman of Islamabad based think tank, Kashmir Institute of International Relations (KIIR)