New Delhi: After five years, India’s record on ensuring civil, political and economic rights to its citizens will be scrutinized at the United Nations Human Rights Council on November 10, when it will have to answer a barrage of questions ranging from treatment of women and minorities and deaths in police custody.
The 41st Session of the Human Rights Council’s Universal Periodic Review (UPR) is being held from 7-18 November 2022 at UN Human Rights Council, Geneva. The review of human rights situation of ten countries including India will be held during the session. A working group comprising members from Netherlands, Sudan and Nepal will carry out UPR on 10 November. Under extremist BJP government, India is witnessing serious regression in human rights.
Mainland India
Mob violence/ lynching of minorities by Hindu Extremist groups. Lack of controlling the crimes against women/ children and violations of minorities rights. Suppression against HR defenders, deprived/ marginalized condition of scheduled castes/ tribes and disproportionate use of force by LEAs. In the last UPR, India committed to strengthening its efforts to guarantee freedom of religion to all religious intolerance, violence and discrimination.
However, BJP government has adopted laws and policies that systematically discriminate against Muslims, Christians and other minorities. Citizenship (Amendment) Act passed in December 2019 discriminates against Muslims, making religion the basis for citizenship. In fact misuse the laws to target Christians, particularly from Dalit or Adivasi communities.
They are also used to harass and arrest Muslim men in relationships with Hindu women. States in India use laws against cow slaughter to prosecute Muslim cattle traders even as BJP-affiliated groups attack Muslims and Dalits on rumors that they killed or traded cows for beef. Since May 2015, at least 50 people have been killed, mostly Muslims, and hundreds injured in attacks by these so-called cow protection groups that claim affiliation to the BJP.
Police have often stalled prosecutions of the attackers, while several BJP politicians have publicly justified the attacks. The authorities are wrongfully prosecuting 18 human rights defenders under the UAPA who participated in protests against the citizenship law, blaming them for the communal violence in Delhi in February 2020 which left 53 people dead and hundreds injured, most of them Muslim. In February 2022, India’s BJP-led Karnataka state issued a directive backing discriminatory bans at several government-run educational institutions on Muslim female students from wearing the hijab, or headscarf, inside classrooms.
Kashmir Specific
Repression/ detention of Kashmiris after abrogation of the state’s special constitutional status. Regular shutting down of internet in the region. Restrictions on media and arrests of journalists and HR defenders. Regular harassment of critics through use of counter terrorism raids.
Misuse of Armed Forces Special Powers Act (AFSPA), Unlawful Activities (Prevention) Amendment Act (UAPA) and Public Safety Act (PSA) in conduct of HR abuses by Indian forces. Over 2200 complaints to UN HR mechanism and other international NGOs including Amnesty International and HRW in last 4 years about ongoing HR abuses in IIOJK. BJP government is using draconian sedition, counter terrorism and national security laws to prosecute and harass human rights activists, journalists, students, government critics and peaceful protesters. There are growing attacks, discrimination, and incitement against religious minorities.
The government has adopted laws and policies that systematically discriminate against minorities. Indian soldiers are provided immunity under the AFSPA. The government dismissed both the 2018 and 2019 reports by the Office of the United Nations High Commissioner for Human Rights on Indian administered Kashmir, which raised serious concerns over security force abuses.
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