By Aroussa Hafeez, Research Section

On 13^th September, 2020, under India’s principal counterterrorism law Delhi police arrested Umar Khalid, an activist as one of the “main conspirators,” for his suspected role in Communal violence in February in which 53 people were killed and hundreds were injured. The National Investigation Agency arrested three members of Dalits cultural group on September 7^th, for giving speeches in January 2018, allegedly stirring up caste-based violence in Bhima Koregaon, Maharashtra state. Police in Delhi also named other suspects which belong to academics, opposition leaders and activists. Supporters of the ruling Bharatiya Janata Party (BJP) were involved in violence in both the cases.

So far, a great number of Human Right activists, defenders, and academics are in jail on politically motivated charges. The Delhi police said that they have also identified others whose names came up during the investigation, including: Sitaram Yechury, a well-known opposition politician; Jayati Ghosh, an economist; Yogendra Yadav, an activist and academic; Apoorvanand, a Delhi University professor; and Rahul Roy, a documentary filmmaker who set off a storm on social media by asking "some bright young people" to make a list of all those defending #Urban Naxals. The term “Urban Naxals” has since been used to describe people critical of PM Modi and his government. The arrests have been largely condemned in India as well as other countries. More than 1,000 activists, journalists, academics, and others condemned the Delhi police’s alleged practice of coercing “confessional” statements to falsely associate people with the February violence.

Since June 2018, in a coordinated crackdown across six states in India, Police raided the homes of several activists and arrested five prominent Indian political activists over their alleged Maoist links that sparked a national conversation in 2018. Some have called it an attack on freedom of speech, while others have justified the arrests in the name of national security. According to the investigations all of them are leftists and are sympathizers of Maoists. They have been speaking against successive Indian governments, which include current Indian government of Narendra Modi and his BJP. The Maoists ally themselves with communist rule and greater rules for tribal people and poor people from rural areas. The inquiry further led to the arrest of five more activists in June 2018. 

The United Nations which not only monitors human rights but also ensure freedom of opinion and expressions was much concerned about the serious violations by the Indian government with regard to strict monitoring of International Non-Governmental Organizations and other aid bodies.  In the recent statement on 20 September, 2020 by the UN High Commissioner for Human Rights Michelle Bachelet expressed her disappointment at restrictions and arrest of human rights NGOs, including the application of vaguely worded laws that limit NGOs' activities and restrict foreign funding. Bachelet appealed to the Government of India to safeguard the rights of human rights defenders and NGOs.

Most recently, Amnesty International was forced to close its offices in India after its bank accounts were frozen over alleged violation of the FCRA. Amnesty International India said it came to know that all its bank accounts were completely frozen by the Enforcement Directorate on September 10. Bachelet cited as worrying the use of the Foreign Contribution Regulation Act (FCRA), which a number of UN human rights bodies have also expressed concern is vaguely worded and overbroad in its objective. The Act prohibits the receipt of foreign funds "for any activities prejudicial to the public interest."

This act was adopted in 2010 and is amended last month in Lok Sabha on September 20, 2020. This act regulates the acceptance and utilization of foreign contribution by individuals, associations and companies.  Foreign contribution is the donation or transfer of any currency by a foreign source. Certain people are prohibited to accept foreign contribution under this Act. These include Public servant (as defined under the Indian Penal Code), who are currently in service or are paid by the government for any public duty. New amendments in the Bill will likely create even more administrative and practical hurdles for such advocacy-based NGOs.

Bachelet said, "The FCRA has been invoked over the years to justify an array of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts, to suspension or cancellation of registration, including of civil society organizations that have engaged with UN human rights bodies."

She also said "I am concerned that such actions based on the grounds of vaguely defined 'public interest' leave this law open to abuse, and that it is indeed actually being used to deter or punish NGOs for human rights reporting and advocacy that the authorities perceive as critical in nature. Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalized or outlawed in this way."

Human right activists and defenders are under intense pressure due to their engagement in recent protests against the Citizenship Amendment Act that took place in country earlier this year. Reportedly more than 1500 people were arrested in the protests, with many charged under the Unlawful Activities Prevention Act. Recently Catholic Priest Stan Swamy, an activist engaged in defending the rights of marginalized groups was charged and is in detention despite of his poor health.

Despite these statements of UN, the Indian government seems hardly pushed to review its accountability and monitoring standards, which has limited the move of foreign aid workers. It seems that the Fundraising model is portrayed as money-laundering by Indian government. The UN High Commissioner, although has demanded from Indian authorities to review the FCRA for its compliance with international human rights standards and to release people arrested but we need to appreciate that certain INGOs were involved in malpractices and other violations. Monitoring and accountability is not bad. Where there is requirement for India to revisit FCRA, there is also need for the International Organizations and the UN to allow New Delhi to enforce accountability and transparency process.