Joint Submission to the 41st Session of the Working Group on Universal Periodic Review

Front Line Defenders, FIDH, OMCT

SUMMARY

November 23, 2023

This submission focuses on the situation for Human Rights Defenders and civil society organizations and relevant restrictions on freedom of association and expression in India since the country’s third UPR in May 2017. This submission provides an update on relevant legislative developments since 2017, focusing in particular on legislation that has further restricted the work of human rights organisations and HRDs. Secondly, the submission reports on the judicial harassment faced by HRDs in India. Thirdly, the submission analyzes the restrictions placed on CSOs by the government, primarily through the FCRA, and documents cases of CSOs being targeted by the government in recent years. Finally, the submission provides recommendations for India’s fourth UPR cycle.

Topics: legislative developments since India’s third UPR, judicial harassment of HRDs, FCRA used as a tool to silence criticism, recommendations

Terms: human rights defenders, National Security Act (NSA), Jammu and Kashmir Public Safety Act (PSA), Unlawful Activities Prevention Act (UAPA), Foreign Contributions Regulations Act (FCRA), Indian Penal Code, Khurram Parvez, Kashmiri journalists, Fahad Shah, Qazi Shibli, Sajad Gul, Masrat Zahra, Peerzada Ashiq, Shujaat Bukhari

ARTICLE PREVIEW

Recommendations

Immediately and unconditionally release all currently detained HRDs, drop all charges against them, and ensure that they are able to carry out their legitimate activities without any hindrance and fear of reprisals in all circumstances.
Immediately end all acts of legal harassment HRDs and civil society organisations.
Ensure the physical and psychological integrity of HRDs in custody, including by upholding the absolute prohibition of torture.
Arrange an official country visit by the UN Special Rapporteur on the situation of human rights defenders.
Ratify the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment.
Take all necessary measures to protect the right to freedom of association of civil society organisations in India, including by ensuring access to foreign funding.
Amend the 2010 Foreign Contributions Regulations Act (FCRA) to bring it in compliance with India’s international human rights obligations related to freedom of association, notably by repealing the 2020 amendments.
End the use of laws that are inconsistent with India’s human rights obligations and that have been frequently enforced to crack down on civil society and amend them to bring them into line with international human rights law, including the FCRA, the Unlawful Activities (Prevention) Act (UAPA), Section 124A on Sedition in the Indian Penal Code, the National Security Act, and the Jammu and Kashmir Public Security Act (PSA)

Link to Original Article