Background Arbitrary Arrests and Detentions
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arbitrarily arrested, often without charge or trial. Despite a Supreme Court ruling to reduce prison overcrowding to curb the spread of COVID-19, the authorities continued to incarcerate many who were critical of the government. The authorities failed to adequately investigate or punish perpetrators of violence based on caste, sex and gender, and carried out reprisals against those who reported rape and caste- based crimes. There was widespread impunity and lack of accountability for murders and attacks carried out by vigilante mobs and police officers against religious minorities. Swift and extreme restrictions were placed on freedom of movement in response to the pandemic, leaving thousands of migrant workers stranded without adequate food and protection. Some restrictions to curb the pandemic also threatened the right to privacy. BACKGROUND In December 2019, the government passed the Citizenship (Amendment) Act (CAA) enabling irregular migrants from Afghanistan, Bangladesh and Pakistan to obtain Indian citizenship, excluding Muslims. The discriminatory nature of the CAA sparked peaceful protests across the country, which were met with arbitrary arrests and detention and widespread demonization of those protesting. The government’s strategy to curb COVID-19 included a punitive lockdown at very short notice, lack of transparency in disbursing relief funds, threats to privacy, and INDIA demonization of religious minorities. ARBITRARY ARRESTS AND DETENTIONS Republic of India Seven human rights activists – Father Stan Head of state: Ram Nath Kovind Swamy, Jyoti Raghoba Jagtap, Sagar Head of government: Narendra Modi Tatyaram Gorkhe, Ramesh Murlidhar Gaichor, Hany Babu, Gautam Navlakha and Freedom of expression was guaranteed Anand Teltumbde, were arrested by the selectively, and dissent was repressed National Investigation Agency (NIA), India’s through unlawful restrictions on peaceful main counter-terrorism agency, for their protests and by silencing critics. Human alleged involvement in violence during the rights defenders, including students, Bhima Koregaon celebrations near the city of academics, journalists and artists, were Pune in 2018. Those arrested worked with 182 Amnesty International Report 2020/21 marginalized groups, including Adivasi (Indigenous) communities, and had criticized FREEDOMS OF EXPRESSION AND government policies. The government ASSEMBLY accused them of breaching the Penal Code New restrictions were imposed on freedoms by “waging war against the country” and of expression and assembly in response to having links with the banned Communist the COVID-19 pandemic. On 24 March, Party of India (Maoist). Prime Minister Modi imposed a nationwide Many arrested activists were elderly and in lockdown, comprising mandatory ‘stay-at- poor health. However, they were held in home’ quarantine under the Disaster overcrowded prisons where several inmates Management Act, a draconian law which had either tested positive or died from gives the government sweeping powers in COVID-19. Varavara Rao, an 80-year-old poet disaster situations. Breaches of the lockdown arrested in the Bhima Koregaon case in resulted in arrests and detentions. 2018, tested positive for COVID-19 in July Even before the pandemic, freedom of while in prison. Nevertheless, the courts assembly was restricted, including by continued to reject the bail pleas of the burdening civilians with recovering the cost of activists. damages to public property after peaceful At least nine students peacefully protesting protests turned violent. against the CAA were arrested and jailed A year after the government revoked the under counter-terrorism and sedition laws. special status of Jammu and Kashmir and Many other anti-CAA protesters were split the state into two union territories, the subjected to intense intimidation and clampdown on civil liberties and restrictions harassment from the police. Meanwhile, the on communications services continued. authorities ignored violence and hate speech Political leaders such as Farooq Abdullah, by the supporters of the CAA against those Omar Abdullah and Mehbooba Mufti, who protesting draconian counter-terrorism laws, were administratively detained in 2019, were including the Unlawful Activities (Prevention) released in 2020. However, the union Act and National Security Act. Safoora government continued to silence those who Zargar, a research scholar who was three demanded accountability and imposed a months’ pregnant at the time, and Umar harsh media blackout. Khalid, a former student union leader, were At least 18 journalists in Kashmir were among those arrested. Safoora Zargar was physically attacked by police or summoned to later released on bail. police stations. Dissent was further On 26 June, the UN High Commissioner suppressed when a new media policy was for Human Rights called on India to introduced by the Jammu and Kashmir immediately release human rights defenders government to create “a sustained narrative who had been arrested for protesting against on the functioning of the government in the CAA. However, the majority remained in media” by checking “anti-national activities”. detention at the end of the year. On 20 October, the Jammu and Kashmir In December, Uttar Pradesh police government closed the office of the Kashmir arbitrarily arrested 10 Muslim men under a Times, without prior notice, after its editor, law introduced by the Uttar Pradesh Anuradha Bhasin, had challenged the Government that targets consensual interfaith communications blockade in the Supreme marriages, and allegedly tortured them. The Court. The NIA also raided the offices and legislation, which has been termed the “love residences of civil society activists including jihad” law by right-wing nationalists and Khurram Parvez and three of his associates, leading politicians, had not been approved by and Parveena Ahanger, who had reported the Indian Parliament or the state legislature. extensively on human rights abuses in Kashmir. The NIA alleged that the activists had raised funds for “carrying out Amnesty International Report 2020/21 183 secessionist and separatist activities” in the Delhi police indiscriminately used water Jammu and Kashmir. cannons and fired tear gas shells, injuring During the nationwide lockdown imposed protesters. after the COVID-19 outbreak, more than 50 journalists were arrested or charged under UNFAIR TRIALS emergency laws for spreading The courts, particularly the Supreme Court, “misinformation” or “fake news”. On 7 April, failed to monitor the government’s response Uttar Pradesh police lodged a First to the COVID-19 crisis in a timely manner. Information Report (FIR) against journalist On 13 March, even before the national Prashant Kanojia for allegedly making lockdown was imposed, the Supreme Court “objectionable remarks” about Prime declared that the courts – for public health Minister Modi and Chief Minister Yogi reasons – would function at reduced Adityanath on social media. Shortly capacity. Between 23 March and 4 July, the afterwards, the Uttar Pradesh police Supreme Court only took up cases of registered another FIR against The Wire, a “extreme urgency”, barring physical hearings daily news website, and its editor Siddharth and relying on video conferencing facilities. Varadarajan for reporting that Yogi Adityanath No qualifying criteria or definitions were had attended a public religious event after laid down for cases of “extreme urgency”, the nationwide lockdown was announced. leaving judges with wide discretion, resulting On 28 September the government in many significant cases involving grave amended the Foreign Contribution human rights violations either not being (Regulation) Act (FCRA), banning large heard or being seriously delayed. On 3 April, NGOs from passing to grassroots NGOs funds the Bombay High Court, while hearing a bail received from foreign donors. The new application, maintained that the meaning of amendments also required all FCRA- the term “urgent” was subjective and did not, registered non-profit organizations to limit for example, apply to those seeking bail while their administrative expenses to 20% of awaiting the outcome of their trial. donations (from the earlier 50%). This The Supreme Court routinely undermined amendment was likely to force NGOs to its own impartiality and independence. In reduce staff, potentially reducing human August it convicted Prashant Bhushan, a rights work. lawyer and human rights defender, under the On 30 September, Amnesty International outdated provisions of criminal contempt India was forced to halt its operations after laws. Prashant Bhushan had criticized on the government froze its bank accounts Twitter the court’s functioning since 2014. without notice. The organization was forced to lay off all its staff and pause all its UNLAWFUL ATTACKS AND KILLINGS campaign and research work. This occurred In February, communal violence broke out in shortly after Amnesty International India had the capital, New Delhi. According to published briefings demanding accountability government data, 53 people – mostly for grave human rights violations carried out Muslims – died in the riots, and more than by the Delhi police and the government 500 were injured. during the Delhi riots and in the Jammu and In the build-up to the Legislative Assembly Kashmir region. elections in Delhi, held on 8 February, several More than 160 farmers died after three political leaders made hate speeches against laws on farming were passed by Parliament the anti-CAA protesters.