Overview of human rights abuses and violations against India’s religious minorities from 1 February to 30 April, 2024.
The period under review, February to April 2024, has seen the trend of anti-minority rhetoric and abuses worsening. The background to this aggravation is elections to India’ national parliament, that are underway now. The ruling BJP has always relied on social polarisation and the othering of India’s minorities, as its electoral trump card. This election is no different. What has been different though is the party’s singular reliance on sectarian appeal from the start of electoral campaign, and the role of the seniormost political leaders in this othering, indeed dehumanising of minorities, especially Muslims. This signalling from the top has had devastating consequences for minorities throughout the poll period, with frequent instances of hate and incitement, often violence, as well as the normalisation of the toxic atmosphere, conducive to anti-minority hostility and discrimination.
We reported in the last edition of the India Persecution Tracker, how BJP and its ‘star campaigner’, Prime Minister Narendra Modi set the tone for the election campaign, with the inauguration in January 2024, of the Ram Temple on the ruins of a destroyed mosque in Ayodhya town. Since the formal announcement of the prolonged general election 2024 process by India’s election authorities, on 16 March, BJP has only doubled down on its sectarian appeal. A particularly egregious episode took place on 21 April, when addressing a large election rally, Narendra Modi, in a direct refence to India’s Muslims, called them ‘infiltrators’ and those with many children. Despite widespread consternation by Indians and the wider international community, he has continued his incendiary rhetoric, manufacturing fear among India’s Hindu majority, and dehumanising Muslims. Other BJP leaders, from the senior-most – including Home Minister Amit Shah, Defence Minister Rajnath Singh, Sports Minister Anurag Thakur, and Uttar Pradesh (UP) Chief Minister Yogi Adityanath – to local functionaries, have continued this line of attack against Muslims in their messaging.
Below are some other highlights from the period under review, with a bearing on the life, liberty and wellbeing of India’s minorities.
- India commenced its seven-phase, 46 day-long General Election to the Lok Sabha (Lower House of Parliament), scheduled to conclude on the 1st of June, 2024. Alongside, the BJP escalated its targeting of critics – including opposition leaders, journalists, and HRDs, dangerously skewing the electoral playing field in its favour. (See the collapsible tab at the bottom of this page for more on this)
- Less than a week before the poll dates were announced, the central government announced the rules for implementation of the controversial Citizenship (Amendment) Act (CAA), paving the way for fast-tracked citizenship for non-Muslims fleeing religious persecution in India’s neighbouring Muslim-majority countries. The CAA, which was described by the UN as ‘fundamentally discriminatory’, is planned to be used in conjunction with the National Register of Indian Citizens (NRIC), a nationwide replication of the National Register of Citizens (NRC) exercise in Assam state that has already left 1.9 million residents on the verge of statelessness. The combination of the CAA and the NRC, many fear, could put Muslims across India at the risk of disenfranchisement. Some BJP poll candidates’ promises to amend India’s secular Constitution, if elected to power, further underline the Hindu-majoritarian turn India has taken in recent years, and the rapidly escalating risks for its minorities.
- In this period, India’s minorities continued to face human rights violations and abuses, including extrajudicial killings, widespread arbitrary detentions and custodial torture, and the advocacy of religious hatred amounting to incitement.
- Hindu extremist groups with close links to the BJP continued to harass, intimidate, assault, and murder persons belonging to religious minorities across the country. Muslim and Christian individuals, homes, businesses, and places of worship continued to be targeted with impunity. After the commencement of the General Election, Hindu extremist groups seemed to have at least partly diverted their focus towards voter outreach programmes, seeking ‘100% turnout’ for ‘the Hindu cause’.
- In BJP-ruled states, instead of acting against the perpetrators of violations, authorities continued to criminalise Muslims and subject them to collective punishment as reprisal attacks, particularly using arbitrary demolitions of their homes and businesses, as well as arbitrary detentions.
- As the General Election commenced, the use of hateful and incendiary rhetoricagainst minorities by powerful political and religious leadersappeared to reach a fever pitch. We have documented 18 speeches by senior, elected leaders of the BJP that appeared to meet the United Nations’ threshold for ‘top-level’ incitement to discrimination, hostility of violence against minorities. These were in addition to 130 more such speeches by other senior political and religious figures. 95 per cent of these were reported from BJP-ruled states, and 47 per cent were reported since commencement of General Election. Such rhetoric invited little to no response from state police or election authorities.
- Against this backdrop, India’s domestic mechanisms continued to largely fail to ensure effective remedy and accountability, with state institutions and the judicial process remaining skewed towards powerful Hindu nationalist interests, and against minorities.
- International institutions and experts continued to raise alarm over the continuing attacks on India’s minorities and the general erosion of human rights. The Tom Lantos Human Rights Commission conducted a Congressional hearing to discuss the situation. The United States Commission on International Religious Freedom (USCIRF) recommended, once again, that India be designated as a Country of Special Concern. And a group of 25 UN Special Procedures mandate holders warned:
“In light of continuing reports of violence and attacks against religious, racial and ethnic minorities, and other grave human rights issues, and the apparent lack of response by authorities to concerns raised, we are compelled to express our grave concern, especially given the need for a conducive atmosphere for free and fair elections in accordance with the early warning aspect of our mandates.”
Key figures (1 February to 30 April, 2024):
State Actors
6
Muslim protesters shot dead in Uttarakhand by police forces; 56+ arrested in post-protest crackdown
15
Muslims shot at and injured in alleged staged ‘encounters’ by police forces in Uttar Pradesh
100+
Muslims arrested/detained across India on various other pretexts; 19+ Christians arrested under anti-conversion laws
18
instances of elected BJP leaders engaging in top-level incitement to hostility, discrimination, or violence against minorities
NON-STATE ACTORS
37+ Muslims, 24+ Christians (including 10 Dalits)
injured in violent assaults by Hindu extremists across India
130
instances of top-level incitement against minorities by senior Hindu nationalist figures
The period under review was marked by mass arrests and detentions of Muslims on multiple pretexts: In February, mass arrests of Muslims were reported in BJP-ruled Uttarakhand amid protests against the demolition of a mosque by local authorities, and from West Bengal, where they were blamed for communal violence that had occurred last year. Preventive detention laws continued to be abused against Muslims in multiple states. Christians too continued to be arrested in BJP-ruled states, on charges of facilitating unlawful religious conversions.
At least 58 Muslims arrested by Uttarakhand Police in connection with Haldwani violence
8-17 February, 2024 (Haldwani, Uttarakhand): At least 58 Muslims were arrested in connection with the violence in Haldwani over the demolition of a mosque by local authorities. Locals told the civil society fact-finding mission that the real number of those arbitrarily detained or arrested was much more, at over a hundred.
A week after the violence, authorities were also reported to have begun proceedings to confiscating the properties of at least nine of the arrested Muslims. (see section on Deprivation of Life for more on this incident)
24+ Muslims arrested or detained across the country on various pretexts
Muslims across the country continued to be arbitrarily detained or arrested on various other pretexts. Reported instances included:
- 6 February, 2024 (Baghpat, UP): Three Muslim men were arrested for social media posts criticising a court ruling that had favoured Hindus in a decades-long land dispute with Muslims over the site of a Sufi tomb. The men were booked for outraging religious feelings, and promoting enmity between different groups.
- 24 February, 2024 (Rewa, Madhya Pradesh): Three Muslims, including a woman, were arrested after police raided their house over allegations of storing beef.
- 15 March, 2024 (Lucknow, UP): Two Muslim women, including the national spokesperson for the opposition Samajwadi Party, were kept under house arrest the day the central government announced the rules for implementation of the Citizenship (Amendment) Act.
- 1-15 April, 2024 (Baramulla, J&K): At least 15 Kashmiri Muslim men were arrested under preventive detention provisions of the J&K Public Safety Act (PSA), in three separate batches. Police statements issued after each of the arrests claimed that those arrested had not ‘mend(ed) their anti-social and anti-national activities.’
- 27 April, 2024 (Bikaner, Rajasthan): Usman Ghani, a former BJP Minority Wing leader who had been expelled from the party following his remarks criticising an election speech in which Prime Minister Modi had referred to Muslims as ‘infiltrators’, was accused of breaching the peace and placed under preventive arrest.
27 Muslims arrested by National Investigation Agency for 2023 Ram Navami violence in West Bengal
27 February, 2024 (Uttar Dinajpur, West Bengal): 27 Muslims were arrested by the National Investigation Agency (NIA), India’s premier anti-terror agency, for ‘conspiring and carrying out a communal attack’ during the Hindu Ram Navami festival in West Bengal last year. The arrests were made in two batches, first on 27 February (16 arrested) and another on 19 March (11 arrested).
Anti-Muslim violence was reported in at least seven states during Ram Navami festivities last year, including West Bengal. In our 2023 Overview, we had highlighted how each of these episodes was marked by armed Hindu extremists marching through Muslim-concentration localities and engaging in widespread and large-scale destruction of Muslim-owned residences, buildings, and religious buildings.
A Human Rights Watch report had detailed how authorities, particularly in BJP-ruled states, unfairly targeted Muslims for collective punishment after the violence. Investigative journalists revealed how much of the violence was planned by Hindu extremists on social media. Another civil society report highlighted how the same pattern – of Hindu extremists engaging in large-scale violence during religious festivals – was also witnessed in 2022.
And yet, as the arrests in West Bengal show, authorities have almost exclusively targeted Muslim youth and community leaders in post-violence crackdowns, detaining and prosecuting them disproportionately. Muslims have thus continued to suffer ‘double jeopardy’, first targeted by violence and then by the law.
At least 19 Christians arrested under anti-conversion laws
During the period under review, there were reports of at least 19 Christians being arrested under anti-conversion laws, including 18 in Uttar Pradesh and one in Gujarat, both BJP-governed states.
- 7 February, 2024 (Barabanki, UP): At least 10 Christians, including a pastor, were arrested for being part of a ‘conversion ring’, after they reportedly organised a church service. The arrested men were charged under Uttar Pradesh’s anti-conversion law. The arrests were reportedly made following complaints from local Hindu extremist groups. (video)
- 8 February, 2024 (Azamgarh, UP): At least one pastor was arrested after local police raided a house hosting a Christian prayer meet. The pastor was accused of facilitating unlawful conversions and charged under UP’s anti-conversion law. (video)
- 11 February, 2024 (Bahraich, UP): Four Christians were arrested on allegations of facilitating unlawful religious conversions.
- 24 February, 2024 (Bareilly, UP): A Christian pastor was arrested on allegations of facilitating unlawful religious conversions. The arrest was reportedly made upon the complaint of a local Vishwa Hindu Parishad (VHP) leader.
- 26 February, 2024 (Bharuch, Gujarat): The organiser of a Christian communal gathering was arrested after the meeting was disrupted by suspected VHP members, who alleged that unlawful religious conversions were taking place. The Christians had reportedly gathered to discuss plans for Easter celebrations.
- 31 March, 2024 (Kanpur, UP): Two Christians were arrested for allegedly luring and transporting people to a mass conversion ceremony. The police were reportedly acting upon complaints made by the local Bajrang Dal unit.
India’s provincial-level anti-conversion laws – now in place in 12 states – have recently been increasingly weaponised against Christian faith leaders as well as Muslim men accused of being in inter-religious relationships with Hindu women. In Uttar Pradesh, recently-released data revealed that over 855 arrests have been made since 2020, mostly against Muslims. In 2023, mass arrests of Christians too were reported from Uttar Pradesh, Chhattisgarh, and Madhya Pradesh, among other states.
Kashmiri journalist Asif Sultan re-arrested yet again by J&K Police
29 February, 2024 (Srinagar, J&K): Kashmiri journalist Aasif Sultan was re-arrested yet again, merely two days after his release from jail following the J&K High Court’s ruling quashing proceedings that had been initiated against him under the J&K Public Safety Act (PSA). Sultan’s latest arrest is under the anti-terror Unlawful (Activities) Prevention Act, over an incident of rioting at the jail where he was lodged. Sultan was initially arrested under the UAPA in August 2018, shortly after he published a story on the killing of Burhan Wani, a popular militant, by security forces. In April 2022, after a court granted bail, Sultan had been re-arrested under the PSA, which allows for preventive detention for up to two years without trial. In December 2023, the J&K High Court had ordered his release after quashing the PSA proceedings against him.
Mufti Salman Azhari arrested thrice by Gujarat Police
5-8 February, 2024 (Mumbai & Gujarat): Mufti Salman Azhari, a popular Islamic scholar, was arrested on three separate occasions by Gujarat Police.
Azhari was first arrested on 5 February in Mumbai, in connection with a ‘hate speech’ he had allegedly delivered in Junagadh (Gujarat) the previous week. He was arrested again on 8 February in connection with another ‘provocative’ speech he had delivered on the same day. After he secured bail, he was re-arrested under Gujarat’s Prevention of Anti-Social Activities Act (PASA), which provides for the preventive detention of ‘dangerous persons’ (among others) for up to a year without trial. At the time of writing, Azhar was still in custody.
Dalit man arrested for lodging protest demanding road
22 March, 2024 (Thiruvananthapuram, Kerala): A 46-year-old Dalit man was arrested after he staged a public protest demanding a motorable road in his neighbourhood. The man was held in custody for three days before being released on jail.
Further revelations regarding sexual violence against Kuki-Zo women in May 2023
A chargesheet filed by the Central Bureau of Investigation (CBI) shed new light into the public parading and sexual assault of two Kuki women by a Meitei mob in Manipur’s Thoubal district in May last year. A video of the incident had sparked nationwide outrage.
According to the CBI’s investigation, the two victims, along with two other male victims, had initially managed to reach safety inside a police vehicle. However, the policemen fled the scene as a Meitei mob overran the vehicle and pulled the victims out.
The chargesheet was filed against six men and a juvenile, all of whom are in custody. A senior police officer quoted in a news report said that departmental action had been initiated against the policemen who had failed to protect the women.
The violence that began in Manipur between the predominantly-Hindu Meitei community and the predominantly-Christian Kuki-Zo tribe was marked by widespread reports of sexual violence and other abuses against women, including gang rape, mostly against those from the Kuki-Zo communities.
Several abuses during the initial phase of the violence reportedly involved Meitei men being instigated by Meitei women to rape and kill Kuki women, as police stood by without intervening. In September 2023, the Manipur State Commission for Women revealed that it had registered 59 cases of sexual crimes against women. The real scale of sexual violence is believed to be much higher, with Kuki women in particular reportedly living in fear of retaliation and further violence if they lodge official complaints.
Discrimination against hijab-wearing Muslim girls at educational institutions
Reported instances of discrimination at state-run institutions:
- 17 February 2024 (Jodhpur, Rajasthan): Hijab-wearing Muslim girls at a government high school were reportedly heckled and denied entry by school authorities for allegedly violating the school’s dress code. The students alleged that a teacher also threatened to deduct their marks if they refused to remove their hijabs. School authorities later claimed that the issue had been resolved, and that the teacher had apologised.
Three weeks before the incident, a newly-elected BJP MLA had raised objection to the wearing of hijab by Muslim girls in government-run schools.
Reported instances of discrimination at educational institutions run by non-state actors:
- 9 March, 2024 (Hassan, Karnataka): Hindu students at a private college donned saffron shawls in class, apparently in protest against a hijab-clad Muslim classmate. School authorities dismissed the students’ allegations and claimed that the Muslim student was only wearing temporary protective clothing due to an ear infection.
A similar protest at a government-aided college last year had culminated in the Karnataka government, then under the control of BJP, imposing a ban on hijab and other religious attire at government-funded schools and colleges.
While the subsequently-elected Congress-led government had promised to overturn the ban, the Chief Minister (CM) had, in December 2023, clarified that his government was yet to officially lift the ban. A year has passed since an INC-led government assumed power in the state.
The ban on hijab had reportedly led to over 1000 Muslim girls and women in Karnataka dropping out of education, according to a civil society estimate.
With the 2024 General Election commencing in April, India witnessed escalated religious polarisation and Hindu mobilisation, led by the BJP and its allied groups like the VHP and the Bajrang Dal. This has continued to be perpetuated by influential political and religious figures advocating religious hatred constituting incitement to discrimination, hostility, and violence against religious minorities, in both online and physical spaces. (For detailed analysis of trends and patterns in the incidence and forms of hate speech in recent months, see our Hate Speech Monitor.)
(Note: Our classification of ‘top’ and ‘intermediate’ level hate speech is based on the framework laid out in the UN’s Strategy and Plan of Action on Hate Speech. ‘Top’ level hate speech refers to advocacy of discriminatory hatred constituting incitement to hostility, discrimination, or violence, and incitement to genocide, all of which are prohibited under international law. ‘Intermediate’ level hate speech refers to speech that may be prohibited by States to protect the rights or reputations of others, or for the protection of national security or of public order, or of public health or morals.)
The trends and violations detailed in previous sections also continued to have discriminatory impacts on minorities’ access to economic, social, and cultural rights, including livelihoods and education.
During the ongoing General Election, there were multiple instances of minority voters reportedly being denied the right to exercise their franchise, in addition to those still disenfranchised due to previous voter suppression measures in Assam. Additionally, in at least two constituencies, the BJP is set to secure uncontested or virtually uncontested victories. Jammu & Kashmir residents continued to be denied the right to vote in legislative assembly elections.
Hundreds of Muslims in UP, Assam, Gujarat denied the right to vote
During the ongoing General Election to the Lok Sabha, there were multiple instances of Muslims being denied the right to vote, for various reasons. Reported cases include:
Second phase of polling (26 April, 2024):
- Mathura, UP: A news report revealed that dozens of Muslim voters in the Mathura parliamentary constituency in Uttar Pradesh were unable to vote for a variety of reasons, such as missing or misspelt names in the electoral roll at the polling station, the failure of electoral authorities to distribute voter slips in Muslim-concentration areas, and other hurdles in getting voter IDs issued. None of the Hindu residents who spoke to the reporter faced any issues while casting their votes.
- Karimganj, Assam: Hundreds of train passengers, most of whom were Muslim migrant workers, were unable to cast their votes in Karimganj parliamentary constituency after the trains scheduled to transport them were cancelled. Railway authorities clarified that the cancellations occurred due to a derailment.
Third phase of polling (7 May, 2024):
- Sambhal, UP: Dozens of Muslim voters, including women, in the Sambhal parliamentary constituency alleged that they were assaulted, denied the right to vote, and chased away by police personnel. Among those who were reportedly denied the right to vote was Zia-ur-Rehman, the candidate of the opposition Samajwadi Party. Police authorities made counter-claims that they had caught more than 50 ‘suspicious persons’ while trying to cast ‘fake votes’
- Devbhumi Dwarka, Gujarat: Around Muslim fishermen in the harbours of Gandhvi and Navadra were unable to vote after their names were deleted from the latest electoral rolls. The ECI claimed that it had followed due process while deleting the names. The fishermen’s homes had been demolished by local authorities in several targeted demolition drives since October 2022, over claims that they were ‘illegally built’ on government land.
Continuing denial of democracy in Jammu & Kashmir
The residents of the Muslim-majority territory of Jammu & Kashmir (J&K), which has been without any form of popular government since June 2018, continue to be denied democracy almost completely. Despite legislative assembly elections being conducted in five states along with the ongoing parliamentary elections, such polls have not been announced for J&K. (Elections to J&K’s five parliamentary seats are being held along with other states and Union Territories.)
In December 2023, the Indian Supreme Court had ordered the Election Commission to conduct legislative assembly elections in J&K before 2024. It has so far failed to do so, citing security concerns. In 2018, after the resignation of the formerly BJP-allied state Chief Minister (CM), J&K was put under a 16-month-long period of Governor’s Rule and President Rule, under emergency provisions of the Indian Constitution. Since October 2019, after the Indian government unilaterally revoked the erstwhile state’s special constitutional protections and divided and downgraded it into two Union Territories (UTs), the administration of J&K has been under the control of a Lieutenant-Governor appointed directly by the BJP-led central government.
BJP to secure uncontested victories in at least two constituencies
The BJP is set to secure uncontested or virtually uncontested victories in at least two parliamentary constituencies, depriving hundreds of thousands of voters the ability to meaningfully exercise their franchise.
In Gujarat’s Surat constituency, the BJP’s candidate was declared to have won unopposed, after the opposition Congress Party candidate’s nomination form was rejected by electoral authorities. Eight other candidates who were scheduled to contest the Surat election independently or on behalf of smaller parties mysteriously withdrew their candidacy.
In Madhya Pradesh’s Indore, the Congress Party was locked out of the contest after its candidate withdrew his candidacy and formally joined the BJP. The BJP’s candidate is set to secure a virtually uncontested victory, being pitted only against independents and those from smaller parties.
Additionally, at least three non-BJP candidates in Gujarat’s Gandhinagar constituency – currently represented by Home Minister Amit Shah – alleged that they were under pressure to withdraw their candidacy.
Surat, Indore and Gandhinagar are all considered BJP strongholds, but had previously witnessed spirited campaigns from opposition candidates.
Continuing impacts of past voter suppression tactics against ‘illegal migrants’ in Assam
Close to 100,000 Assam residents who have been declared as ‘doubtful voters’ (D-voters) by the Election Commission of India (ECI) over past decades will continue to be denied the right to vote during the ongoing General Election. Designation as ‘doubtful voters’ – and subsequent denial of voting rights – by the ECI is one of several state-led efforts to target and penalise alleged ‘illegal migrants’ to the state.
In August 2019, the National Register of Citizens (NRC) was published in Assam, as the culmination of a separate, multi-year administrative exercise to identify ‘genuine’ Indian citizens and exclude ‘illegal migrants’. While over 33 million persons had applied for inclusion in the NRC, over 1.9 million Assam residents – around 6 percent of the state’s population – were excluded. The status of these NRC-excludees remains in legal limbo. While they were not barred from voting in post-2019 assembly elections by the ECI, it is unclear how many of them have found their names in electoral rolls during the 2024 General Election. The north-eastern state has, historically, been the site of tensions between the dominant Assamese-speaking community and minority Bengali-speakers. The rise of the BJP has resulted in the broader ‘anti-migrant’ movement in the state assuming a more overt communal character, targeting Muslims exclusively.
As referred to throughout previous sections, India’s domestic mechanisms have been largely failing to ensure accountability for ongoing and previous violations. The judicial process, from filing a complaint to securing convictions and other remedies, has continued to be skewed towards powerful Hindu nationalist interests, and against minorities. Victims and families seeking justice are routinely harassed, and often face retributive arrests themselves. India’s anti-terror laws, which reverse the burden of proof and allow for prolonged incarceration without trial, have further convoluted the prospects for justice. And even when India’s courts, including the Supreme Court, have attempted to step in, a sense of permissiveness and impunity have continued to prevail among State and non-State actors accused of violations. For instance, recent court directives on curbing the proliferation of hate speech have, to date, gone largely unheeded, particularly by public authorities in BJP-governed states.
Notable developments during the period under review included:
Delhi Police files chargesheet against NewsClick journalists
In March, Delhi Police filed an 8000-page chargesheet in a case registered under the anti-terror Unlawful Activities (Prevention) Act (UAPA) against journalists and others linked to NewsClick, an independent news outlet. Prabir Puryakastha, the founder-editor of NewsClick, has been in judicial custody since November 2023, along with the organisation’s HR head, who has reportedly turned state’s witness in the case.
NewsClick is accused of illegally receiving funds through Chinese entities with the intention of ‘undermining India’s sovereignty and territorial integrity’. In October 2023, Delhi Police had raided the residences and offices of around 46 journalists and other employees linked to NewsClick, and seized over 480 electronic devices.
Reporters Without Borders (RSF) and UK law firm Guernica 37 Chambers have approached the European External Action Service, asking it to initiate proceedings for the adoption of sanctions against four officials of the Special Cell, the Delhi Police’s counter-terrorism unit, who had conducted the arrests.
Continued incarceration of anti-CAA protestors
A Delhi court denied bail to Sharjeel Imam, one of several prominent student leaders who were arrested during protests in 2019 against India’s discriminatory Citizenship (Amendment) Act (CAA). Imam, along with 59 others – including students and HRDs – have been charged under the anti-terror Unlawful Activities (Prevention) Act (UAPA), and accused of being part of the ‘larger conspiracy’ behind the targeted mass violence in Delhi in February 2020 that had left 53 dead, including 40 Muslims.
Of the 21 individuals arrested in connection with the ‘larger conspiracy’ case that is currently being probed by the Delhi Police’s Special Cell, 12 remain in jail, while 9 are out on bail.
In the 62 cases related to the 2020 violence that are being separately investigated by the Delhi Police’s Crime Branch, suspects have been identified only in 45, and charges framed only in 39. Only one person has been convicted. 25 persons have been discharged for want of evidence to even frame charges, while 346 are out on bail. 52 persons remain in jail.
In the 694 other cases being probed by the Delhi Police’s North-East station, chargesheets have been filed in only 368 (53 per cent). A total of 2174 persons were arrested, of which 108 remain in jail.
Disabled academic G. Saibaba acquitted over alleged Maoist links
G. Saibaba, a 58-year-old physically disabled academic, was released from jail after 11 years following his acquittal by the Bombay High Court on charges that he was part of the banned Communist Party of India (Maoist) armed separatist group. Saibaba and his co-accused, all of whom have been acquitted, were arrested between 2013 and 2014. They had been acquitted earlier in 2022, but the Supreme Court had set aside the acquittal and ordered a fresh hearing. Upon his release, Saibaba revealed that he was tortured and subject to abuse while in custody, denied a wheelchair and other forms of medical aid, and prohibited from attending his mother’s funeral. Saibaba is legally classified as ninety per cent physically disabled to polio, and also ails from several other serious health conditions.
Army reportedly finds ‘serious lapses’ in its conduct during custodial killings of 3 Muslims in J&K in December 2023
A news report revealed details of the Indian Army’s internal probe into the custodial killings of three Muslim villagers in Poonch (Jammu & Kashmir) in December last year, which was also marked by the torture of at least 24 Muslim civilians.
According to the report, the Army found ‘serious lapses’ in the overall conduct of the operation – which had been conducted in retaliation after a bomb attack left four army personnel dead – as well as the individual conduct of several Army personnel.
Administrative action has reportedly been recommended against a Brigade Commander and a Commanding Officer. (Administrative action entails departmental action, and not a trial, resulting in potential punishments like loss of seniority, a fine, censure, or termination of service.)
Disciplinary action has reportedly been recommended against an unknown number of personnel of various unknown ranks who were present during the interrogation. (Disciplinary action could mean a court martial, resulting in potential punishments including the death penalty, depending on the seriousness of the offence.)
The Indian Army’s investigations and disciplinary proceedings regarding human rights abuses have remained shrouded in secrecy. The Armed Forces (Special Powers) Act (AFSPA), which shields security forces from civilian prosecution without prior sanction of the Central Government, has been active in Jammu since 2001, and in Kashmir since 1990. India’s historical failure in ensuring accountability for grave violations by security forces in Kashmir has been documented extensively by several international human rights organisations, including Amnesty International. Till date, no member of the armed forces accused of human rights abuses while operating in Kashmir has ever been tried in a civilian court. Convictions in military courts are extremely rare.
10 men convicted for mob lynching of Muslim cattle trader in Hapur in 2018
A District Court in Hapur (Uttar Pradesh) convicted 10 individuals accused of the murder of a Muslim man in June 2018. The convicts were sentenced to life imprisonment.
The convicts were part of a Hindu mob that had lynched Qasim, a 45-year-old cattle trader, and seriously injured another man, over allegations that they were involved in the slaughter of cows. The survivor had been a key witness in the case.
The victims’ family members expressed hope that the ruling would serve as a precedent in other similar cases.
In 2023, SAJC had documented 24 instances of Muslims being murdered by alleged members of Hindu extremist groups, including 13 who were killed by alleged cow ‘vigilantes’. These were in addition to 265 hate crime killings (of victims from all faith and caste groups) another civil society database, now taken down, had documented by December 2022. The verdict in Hapur is only the fifth known instance of the perpetrators of any of these killings being convicted by a court. (Convictions have also previously been reported in the cases of the 2016 lynching of Mazlum Ansari and Imteyaz Khan, and the 2017 lynching of Alimuddin Ansari, both in Jharkhand, and the 2018 lynching of Rakbar Khan in Rajasthan.)
Bombay HC grants bail to Shoma Sen in Bhima-Koregaon case
64-year-old Shoma Sen, one of 16 activists arrested under terrorism charges for allegedly inciting violence during a Dalit commemoration event in 2018, was released from jail after being granted bail on medical grounds by the Supreme Court. While five of those arrested have been released on bail – and an 84-year-old Jesuit priest died while in police custody – the others have completed close to six years under incarceration without trial. Multiple digital forensics agencies have confirmed that fabricated evidence had been planted on the digital devices of the arrested activists to enable their prosecution.
