Overview of human rights abuses and violations against India’s religious minorities from September to October, 2023
- During the period under review, the conditions for India’s religious minorities under the Hindu nationalist Bharatiya Janata Party (BJP)-led government continued to deteriorate.
- Recently reported human rights violations and abuses included extrajudicial killings, arbitrary arrests and detentions, torture and ill-treatment, and advocacy of religious hatred amounting to incitement. The conditions for religious freedom, as well for free expression and assembly, continued to be dire. These and other violations also continued to have discriminatory impacts on minorities’ access to economic, social, and cultural rights. (click the tabs on the left for more detailed coverage on each)
- Provinces ruled by BJP-led governments – such as Uttar Pradesh (UP), Assam, and Haryana – and by BJP-supported governments, such as Maharashtra, witnessed the most serious State-led violations of civil and political rights. BJP-governed Manipur, which has been rocked by ethnic conflict since May, reported several further sporadic episodes of violence. Kashmir, governed directly by an administrator appointed by the BJP-led federal government, also witnessed an intensified crackdown on dissenters by State authorities.
- Across the country – and particularly in BJP-governed states like UP, Madhya Pradesh (MP), Gujarat and Maharashtra – Hindu extremist groups with close links to the BJP continued to harass, intimidate, assault, and kill religious minorities, particularly Muslims, on various pretexts. Muslim and Christian individuals, residences, businesses, and places of worship continued to be indiscriminately targeted with impunity. Hindu extremists also continued to mobilise weapons and personnel on a massive scale, portending the risk of potential mass atrocities in the future.
- Fuelling these has been the unfettered – and intensifying – proliferation of hateful, anti-minority rhetoric by senior BJP and other Hindu religious leaders. With crucial provincial-level elections beginning later this month, and national-level elections scheduled for May 2024, the Hindu nationalist ecosystem appeared to ramp up its advocacy of religious hatred. We documented 14 instances of senior, elected leaders of the BJP – in addition to 79 instances by other senior political and religious leaders – making open calls to boycott, harass, assault, expel or kill Muslims. Anti-minority hate and misinformation also continued to flood social media spaces, with the conflict in Israel-Occupied Palestinian Territories providing India’s Hindu extremists yet another opportunity to generate and export false and hateful content demonising Muslims.
- India’s domestic mechanisms continued to largely fail to ensure effective remedy and accountability for serious ongoing and past violations, with the judicial process remaining skewed towards powerful Hindu nationalist interests, and against minorities.
- It is in light of these trends that international experts continued to raise alarm about the deteriorating situation in India: a group of UN Special Procedures mandate holders expressed concern over continuing human rights violations in Manipur. Another communication by UN experts warned that the continued enforcement of several of India’s security legislations may result in violations of fundamental human rights and freedoms guaranteed by international law.
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The international borders between India, Pakistan and China are disputed and this map is for reference purposes only.
- Notably, testifying at a US Commission on International Religious Freedom (USCIRF) hearing, the UN Special Rapporteur on Minority Issues remarked:
‘India risks becoming one of the world’s main generators of instability, atrocities and violence, because of the massive scale and gravity of the violations and abuses targeting mainly religious and other minorities such as Muslims, Christians, Sikhs and others. It is not just individual or local, it is systematic and a reflection of religious nationalism.’
- The Indian government appeared unrepentant in the face of these and past allegations about its treatment of religious minorities. In fact, potential violations by Indian State agents appear to be reaching international shores. In September, authorities in Canada accused the Indian government of assassinating a Sikh leader on its soil. The risks posed by the rising influence of far-right Hindu groups internationally – including in neighbouring Nepal, as well as Canada, the United States, and the United Kingdom – have already been documented.
Key figures (Sept-Oct, 2023)
- 1 Muslim killed by police in extra-judicial ‘encounter’.
- 4 Muslims killed by Hindu extremists.
13 Muslims subject to torture and ill-treatment by police. - 24+ Muslims injured in assaults by Hindu extremists.
- 14 instances of top-level incitement to discrimination, hostility, or violence by elected BJP leaders.
- 3 weapons distribution events and 7+ armed rallies by Hindu extremists.
Muslim man killed in extra-judicial ‘encounter’ in Uttar Pradesh
19 September (Shahjahanpur, UP): Police officials in Uttar Pradesh claimed that they shot dead a Muslim man while he was attempting to flee from police custody. The slain man had been arrested after being accused in a murder case.
While India’s Supreme Court (SC) has mandated independent investigations into all such killings by police forces, there are no reports of one being initiated in this case.
Recently released government data revealed that since March 2017, when extremist Hindu monk Yogi Adityanath took charge as the state’s Chief Minister, police forces have killed 190 individuals and injured 5591 others in similar shootings across UP. Witnesses and family members of the victims have alleged that many, if not most, of these shootings – termed ‘encounters’ in local parlance – were staged extra-judicial killings. The state administration has, however, celebrated this policy of ‘knocking down’ alleged criminals. Muslims have disproportionately accounted for the victims of the shootings.
Three civilians and two police officers killed in continuing violence in Manipur
During the period under review, at least three civilians and two police officials were killed across Manipur, in separate incidents. Manipur has been rocked by violence between members of the predominantly-Hindu Meitei and predominantly-Christian tribes since May. The violence has left over 180 dead, with Kukis accounting for the bulk of the casualties. Over 50,000 have been displaced, with conditions in Kuki relief camps reported to be particularly dire. The BJP-led state government in Manipur has been openly hostile towards the Kukis, who it has deemed terrorists and drug traffickers. (See more detailed coverage of the violence in Manipur in our previous tracker here)
On 31 October, a police officer in Moreh district was shot dead by unidentified militants. In a separate incident on the same day, three state police officers who had been called in as reinforcements sustained bullet injuries, also allegedly fired by unidentified militants.
Another police officer had been shot dead in Churachundpur district on 13 September. That killing had occurred a day after three Kuki men were shot dead by unidentified assailants in Kangpopki district, while they were seeking emergency medical support. The men were attempting to cross the buffer zone maintained by security forces at the boundaries between Meitei and Kuki-dominated areas.
Authorities in the state momentarily lifted a five-month long internet that had been in place since May, but reimposed it within a week in late-September after police forces used tear gas and pellet-firing shotguns against dozens of student protesters in Imphal. The students were protesting after photographs of two corpses, reportedly of two Meitei students, went viral on social media. The pair had gone missing in July.
In August, India’s Supreme Court had formed a committee to look into survivor relief and also mandated the issuance of essential documentation for those displaced, but is yet to condemn or address the role of state and state-backed actors in the violence. Early in September, a group of 19 UN Special Procedures mandate holders expressed concern over the grave humanitarian situation in Manipur, and the steadily deteriorating condition of religious and ethnic minorities elsewhere in the country.
Four Muslims killed by Hindu extremists across four states
During the period under review, four Muslims were killed in separate incidents across four states, allegedly by Hindu extremists. The documented incidents included:
- 1 September (Gurugram, Haryana): A Muslim man who was transporting rented goats across districts was found dead near a market. The victim’s family has alleged that his death was the result of a hate crime, and a preliminary investigation appeared to confirm that it was a case of murder. There have been no reports of suspects being identified or arrested.
- 10 September (Satara, Maharashtra): A 32-year-old Muslim man was killed in anti-Muslim mob violence that erupted over a contentious social media post that allegedly denigrated a 17th century Hindu king. The post had originated from an account belonging to a 14-year-old Muslim boy, which police investigators had determined was hacked by unknown persons motivated by revenge. Hindu mobs subsequently went on a rampage, damaging Muslim-owned property and a mosque, and injuring dozens, including 10 police personnel. At least 37 persons have been arrested so far for rioting. While police claim that peace has been restored in the region – after a weeks-long internet blackout – local Muslims have reported facing persistent threats and calls for their social and economic boycott. Local Muslims have also alleged bias in the police investigation, with no action being initiated against a local BJP leader who they say led the violence.
- 28 September (New Delhi) – A 22-year-old disabled Muslim man was lynched to death by a Hindu mob in New Delhi after being accused of stealing a banana that had been offered as prasad (Hindu ritual offering) at a prayer event. Seven persons, including a minor, were reported to have been arrested, but police officials denied that there was a ‘communal angle’ to the incident.
- 26 October (Hapur, UP) – A 25-year-old Muslim man was beaten to death by a Hindu mob celebrating Dussehra, reportedly after his motorbike accidentally hit another person.
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The international borders between India, Pakistan and China are disputed and this map is for reference purposes only.
During the period under review, Indian authorities incarcerated at least 24 dissenters, including a journalist, in Kashmir. In Assam, as part of an ongoing crackdown on child marriage that has allegedly disproportionately targeted Muslims, over 1000 individuals were arrested over a single day. Elsewhere in India, at least 9 Muslims were arbitrarily arrested or detained on various spurious charges.
24 arrested or detained in Kashmir
Indian authorities continued to intensively surveil and incarcerate dissenters in Kashmir. Instances reported during the period under review included:
- 18 September (Srinagar, J&K): A 44-year-old Kashmiri man was arrested by a special police unit that monitors social media posts. The police alleged that the arrested man’s posts about a recent military operation in Anantnag threatened India’s unity, integrity, and sovereignty.
The social media activities of Kashmiris continued to be under intense surveillance by Indian authorities. On 26 September, the Directorate of Family Welfare issued new guidelines that impose the threat of termination for public sector employees who criticise government policies on social media. (click here for more on reprisals faced by Kashmiris for expressing dissent on social media) - 15 September (Srinagar): Majid Hyderi, a journalist, under the Public Safety Act (PSA), a preventive detention law that allows for detention without trial for up to two years. Hyderi is the fifth prominent Kashmiri journalist to be jailed in recent months for ‘anti-national’ offences, along with Fahad Shah, Asif Sultan, Sajad Gul and Irfan Mehraj.
Other arrests and detentions reported in Kashmir included:
- 2 September (Doda): Ten individuals, for alleged involvement in terrorism in the 1990s.
- 3 September (Baramulla): Two individuals, for being alleged ‘over-ground workers’ for armed separatist groups.
- 8 September (Pulwama): Two individuals, for being alleged ‘militant associates’.
- 10 September (Baramulla): Three individuals, for being alleged ‘over-ground workers’.
- 18 September (Kishtwar): Three individuals, under the PSA, for allegedly being ‘hardcore over-ground workers’.
- 21 September (Baramulla): Two individuals, for being alleged ‘terrorists’.
Mirwaiz Umar Farooq, an Islamic cleric and prominent Kashmiri separatist leader, was released in September after four years under house arrest, and given permission to lead prayers. Farooq had been one of thousands of Kashmiri leaders who had been detained against the backdrop of India’s unilateral revocation of the Muslim-majority region’s special constitutional protections back in 2019.
Over 1000 arrested in purported crackdown on child marriage in Assam
3 October (Assam): Police authorities across several districts in Assam arrested a total of 1039 people as part of an ongoing crackdown that purports to eradicate child marriage. Over 3000 people had been arrested across the state in a similar crackdown in February.
Critics have alleged that the crackdown has disproportionately targeted Muslims. While the BJP-governed state’s Chief Minister has claimed that an ‘almost equal number of Hindus and Muslims’ were arrested during the February crackdown, previous studies have shown that Hindus account for around 84% of child marriages across the country.
Nine Muslims arrested or detained on various other pretexts across 4 states
Other instances of Muslims being arrested or detained on various pretexts included:
- 17 September (Bareilly, UP): Two Muslim women were arrested after they offered prayers at a Hindu temple. The women and an Islamic cleric, who reportedly advised them to pray at the temple, are being investigated on charges of outraging religious feelings, and criminal conspiracy.
- 22 September (Aligarh, UP): Farhan Zuberi, a Muslim student union leader at Aligarh Muslim University, was arrested after he led protests against the policies of BJP-led governments. Zuberi had previously been arrested in 2020 for leading protests against the Citizenship (Amendment) Act (CAA).
- 1 October (Chandigarh, Punjab/Haryana): A 69-year-old Muslim man was held under preventive detention provisions for allegedly storing and selling beef. Police and Hindu extremist group Gau Raksha Dal had jointly raided his residence.
- 30 October (Kochi, Kerala): Five Muslim men were taken into preventive custody following explosions that had targeted a Christian congregation. The five were released after a Christian man claimed responsibility for the blasts. (also see section on advocacy of religious hatred)
Ahead of crucial state-level elections beginning later this month, several areas across continued to witness 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.
Hate speech trends
A Hindutva Watch study documented 255 incidents of hate speech against India’s Muslims during the first six months of 2023, across 17 states. Key findings included:
- 13% of the documented events featured speeches by BJP leaders.
- 33% of the documented speeches involved direct calls to violence, ethnic cleansing, and destruction of Muslim places of worship.
- 12% of the documented events included calls to arms.
- 11% of events called for the socio-economic boycott of Muslims.
- Eleven incidents (4%) specifically targeted Muslim women with sexist and misogynistic speeches.
- 70% of the incidents were reported in states with elections scheduled in late-2023 and 2024.
- 80% of the incidents were reported from states governed by the BJP. Maharashtra (29%) accounted for the most incidents, followed by Karnataka, Madhya Pradesh, Rajasthan, and Gujarat.
Another study, by the Association of Democratic Reforms, provided further confirmation of the role of the BJP in the proliferation of anti-minority hate speech. Key findings from the report, which analysed pending hate speech-related criminal charges against sitting parliamentarians and state legislators, included:
- A total of 107 active Members of Parliament (MPs) and state-level Members of Legislative Assembly (MLAs) had hate speech-related cases pending against them.
- The BJP accounts for 67% (22) of the 33 MPs with hate speech cases against them.
- The BJP accounts for 27% (20) of the 74 MLAs with hate speech cases against them.
For detailed analysis of trends and patterns in the incidence and forms of hate content in more recent months, see our Hate Speech Monitor.)
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 incitement is 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 hate 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.
Reported instances of Hindu extremist groups taking out physical rallies armed with weapons and/or engaging in violence included:
- 8 September (Ahmedabad, UP): Physical rally by VHP members armed with swords,
- 8 September (Satna, MP): Physical rally by VHP members armed with swords and axes. (video link)
- 19 September (Chhattarpur, MP): Open display of guns at a rally organised by VHP and Bajrang Dal. (video link)
- 27 September (Dhar, MP): Hindu extremists engaged in violence and vandalism during a religious procession. 9 Muslim-owned shops looted and set on fire.
- 30 September (Narmada, MP): Stones pelted at Muslim properties during a VHP-Bajrang Dal rally (video link)
- 26 October (Siddharthnagar, UP): Armed rally organised by VHP-Bajrang Dal
- 27 October (Begusarai, Bihar): Hindu extremists engaged in violence and vandalism during a religious procession. Police officials have claimed 10 arrests. (video link)
The VHP also organised at least three weapons worship and distribution events. These included:
- 4 September (Pali, Rajasthan): Weapons distribution event attended by over 1000 people.
- 19 September (Jamnagar, Gujarat): Weapons distribution event organised by VHP and Bajrang Dal, attended by over 100 people.
- 27 October (Shahjahanpur, UP): Weapons worship ceremony (video link)
Misinformation and advocacy of religious hatred by senior BJP leaders
- 21 September (New Delhi) – Ramesh Bhiduri, a Member of Parliament (MP) from the ruling BJP, used communal slurs during a parliamentary session, directed at Danish Ali, a Muslim MP belonging to an opposition party. Bhiduri referred to Ali as a ‘terrorist’ and a ‘pimp’, among other religious-based abuses and pejorative terms, as other senior BJP MPs watched on and laughed. While a parliamentary committee is probing the incident, the BJP has not taken any action against Bhiduri. In fact, less than a week after his speech, the BJP tasked Bhiduri with overseeing its election campaign in a key district in Rajasthan, which goes to the polls later this month.
- 31 October (Kochi, Kerala) – Police officials in Kerala, a state governed by the opposition Communist Party of India (Marxist) (CPI-M), registered a case against Rajeev Chandrashekhar, the junior minister for Information Technology (IT) in the BJP-led central government, for spreading hate speech and misinformation on social media. Hours after a deadly explosion at a Christian congregation in Kochi, Chandrasekhar had made unsubstantiated – and disproven – allegations that the blasts were caused by pro-Palestine solidarity rallies organised elsewhere in the state. Chandrasekhar’s tweet was just one among a deluge of Islamophobic hate speech and misinformation that swamped social media networks in the immediate aftermath of the explosion.
Separately, police in another district in Kerala booked another senior BJP leader for sharing anti-Muslim misinformation online.
Spike in anti-Muslim hate and online misinformation during Israel's war in Gaza
The attack on Israeli towns by Hamas militants on October 7 and the subsequent bombardment of Gaza by Israel provided yet another pretext for the proliferation of anti-Muslim hate speech and misinformation on social media platforms in India. While the Indian government has historically – and officially, continues to – express support for the cause of Palestinian self-determination, several senior BJP political figures tweeted in support of Israel’s ongoing military campaign in the Gaza Strip. Several Indian and international news and fact-checking agencies highlighted a vast amount of anti-Muslim and anti-Palestinian hate speech and misinformation originating from India, gathering tens of millions of social media impressions worldwide. A pro-Palestine rally in late-October in Kerala that was attended virtually by a senior Hamas leader sparked another round of online hate and misinformation.
Youtube found to be auto-generating hate content advocating discrimination and violence against India's Muslims
A report by Bellingcat, a civil society collective that specialises in open-source intelligence gathering and analysis, highlighted the role played by online video platform YouTube in hosting and propagating anti-Muslim hate and incitement in India.
In the report, Bellingcat identified 114 instances of YouTube hosting and auto-generating videos for songs that promote discrimination and/or violence against Muslims. The videos, posted between May 2019 and September 2023, had cumulatively amassed over 5.4 million views.
Most of the songs highlighted by Bellingcat appeared to violate YouTube’s stated policy against promoting religious hatred or violence, but remained active. Experts quoted by Bellingcat accused YouTube of disproportionately investing resources on content moderation in English-speaking markets, contributing to the proliferation of hate content elsewhere.
DISCLAIMER: The classification of speeches into ‘top’, ‘intermediate’, and ‘bottom’ levels of hate speech in this analysis is based on our interpretation of the United Nations’ Strategy and Plan of Action on Hate Speech and its application to the content being analysed. The interpretation of language and the context in which it is used is complex and nuanced, and alternate interpretations of the content may be possible. This analysis does not intend to accuse or label individuals, but rather aims to highlight patterns and trends in the evolution and manifestation of hate speech in India.
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.
State actors
Muslim students' right to access education impacted by crackdown on madrassas
23 October (Lucknow, UP): The BJP-led government in Uttar Pradesh issued a directive to ‘unauthorised’ Islamic madrassas across the state, ordering them to shut or pay a daily fine. A week earlier, the state government had formed a Special Investigation Team (SIT) to investigate foreign funding received and utilised by madrassas operating in the state.
Islamic madrassas are a crucial source of primary education for tens of thousands of Muslim children across the country. In recent years, multiple BJP-led state governments have launched massive crackdowns on the operation of madrassas, which top BJP leaders have characterised as dens of terrorism.
Non-State actors
Targeting of Muslim livelihoods by Hindu extremists
In addition to violations detailed in previous sections – particularly on violence by cow ‘vigilantes’ – there were several reported instances of Hindu extremists directly targeting the livelihoods of Muslims. These included:
- 9 September (Dehradun, Uttarakhand): Hindu extremists harassed and intimidated Muslim migrant workers.
- 10 September (Kangra, Himachal Pradesh): Hindu extremists harassed and intimidated a Muslim trader.
- 27 September (Dhar, MP): 9 Muslim-owned shops looted and set on fire by Hindu extremists during a religious procession. Later, several Muslim families in the locality received backdated notices from the district administration threatening demolition of their property if they fail to furnish ownership documents.
- 24 October (Raxaul, Bihar): Hindu extremists belonging to the Bajrang Dal forcibly closed down shops selling meat and eggs during the Hindu Navratri festival.
While not directed exclusively against minorities, there were several notable instances of State authorities restricting free expression in the form of crackdowns on independent media, journalists, and HRDs.
Residence of human rights defender Abdul Wahid Sheikh raided
11 October (Mumbai, Maharashtra): The National Investigation Agency (NIA) raided the residence of Abdul Wahid Shaikh, a human rights defender known for his advocacy in support of Muslim youth implicated in fabricated terrorism cases.
The NIA action against Shaikh was part of a series of raids targeted at the Popular Front of India (PFI), which describes itself as a ‘neo-social movement that strives for the empowerment of marginalised sections of India’. The Indian government had banned PFI last year, citing its alleged links with banned Islamist groups. Hundreds of its activists have been arrested across the country since then.
Arrests and prosecution of journalists and media outlets
- 4 October (New Delhi): The Delhi Police Special Cell, an elite counter-terrorism unit, arrested the chief editor and human resources head of NewsClick, an online news portal, after coordinated day-long raids at over 50 locations linked to it.
The raided locations included the residences of NewsClick’s journalists and contributors, whose digital devices were seized. Police officials confirmed that at least 46 individuals were interrogated. The arrested duo is being held under the UAPA and were denied interim bail by the Delhi High Court.
The arrests were preceded by a New York Times report which suggested that the portal may have been part of a worldwide pro-China propaganda network funded by an American billionaire. In its FIR, which has been panned by legal scholars, the police have made several unsubstantiated allegations against the portal, including claims that it conspired to sabotage parliamentary elections and to undermine India’s territorial integrity. NewsClick has denied all allegations.
Indian and international human rights organisations have condemned the raids as being part of a wider crackdown on independent media. The Office of the UN High Commissioner for Human Rights (OHCHR) too expressed concern over the arrests.
- In early September, police forces in J&K threatened legal action against the BBC after it published an article highlighting Indian authorities’ crackdown on the media in Kashmir, which has escalated since India’s unilateral revocation of the region’s special constitutional provisions in 2019. In 2022, Indian authorities had forcibly taken over the Kashmir Press Club, leaving the region without any independent associations of media professionals. (click herefor more on India’s crackdown on press freedom in Kashmir).
In February, tax officials had raided the New Delhi offices of the BBC, shortly after it aired a documentary series highlighting the culpability of Prime Minister Narendra Modi in the anti-Muslim pogrom in Gujarat in 2002.
Under the BJP regime, India has witnessed a steep fall in its World Press Freedom Index ranking, dropping to 161 in 2023 from 133 in 2016.
Sanction for prosecution of writer-activist Arundhati Roy
10 October (New Delhi): The Lieutenant-Governor (LG) of Delhi sanctioned the criminal prosecution of Arundhati Roy, a renowned writer and activist, for allegedly provocative remarks she had made at a public event in Kashmir in 2010.
The LG has directed that India’s sedition provisions – which have been suspended pending ongoing hearings at the Supreme Court – are not to be invoked against Roy, but that she could face charges of, among others, inciting offences against the State.
Roy is a vocal critic of India’s historically repressive policies in Kashmir, and of the current BJP-led national government’s treatment of Muslims and other minorities. Recently, she had participated in public protests highlighting the arrests and harassment of NewsClick’s journalists.
Crackdown on pro-Palestine public demonstrations
10 October (Aligarh, UP): Four students were booked by police after they led a march in support of Palestine. A case has been registered against the students for promoting communal enmity, disobeying official orders, and intent to incite offences. No arrests have been reported so far.
23 October (New Delhi): Dozens of pro-Palestinian protesters were briefly detained for attempting to gather outside the Israeli embassy. Videos showed several students being manhandled and dragged into police vans. Police told reporters that the protests in the high-security area, organised by the Students Federation of India (SFI), were unlawful as they had not obtained prior permission.
Police forces elsewhere in the country too have prohibited public expressions of solidarity with Palestine, including in Kolkata (West Bengal), Bengaluru (Karnataka), and in parts of Uttar Pradesh and Kashmir. At the same time, pro-Israel demonstrations by Hindu extremist groups have gone unchecked, with some even volunteering to travel to Israel fight the war against Palestinians on its behalf.
Denial of permission for Muslim gathering in New Delhi
The Delhi High Court denied permission for a mass gathering (All India Muslim Mahapanchayat) that was proposed to be organised in New Delhi in late-October by a collective of prominent Muslim lawyers, judges, and clerics. The Court cited concerns that the event had ‘communal overtones’ and that it would clash with several Hindu festivals.
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, as was recently evident in Haryana, where Muslims accounted for almost all of those arrested, despite being the primary victims of violence. 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 halting mass demolitions in Haryana and 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:
Aftermath of recent anti-Muslim violence in Nuh
The Campaign Against State Repression (CASR), a collective of over 35 civil society organisations, published a fact-finding report on the recent anti-Muslim violence in Haryana, which had left six dead and resulted in thousands of Muslims being forcibly displaced (see more detailed coverage in our previous tracker here). The report concluded that the violence was ‘pre-planned’ and ‘well-coordinated’, ahead of crucial state and national-level elections. CASR also noted that of the more than 700 individuals named by the police in its suspect list, only around 7 were Hindus.
Another fact-finding report by the Centre for Study of Society and Secularism (CSSS) detailed the ecosystem of hate, violence and impunity that continues to prevail in the region. The CSSS report further noted that the vindictive post-violence police action – marked by the summary demolition of over 750 Muslim-owned residences and businesses, and the discriminatory mass arrests of Muslims – has left locals with little hope of receiving justice.
Monu Manesar, the Hindu extremist who had called for the provocative rally that had sparked the violence, was finally arrested in September by Haryana Police and handed over to their counterparts in Rajasthan, where he has been wanted since February in connection with the murder of two Muslim men. While Manesar was granted bail in a case related to his provocative social media posts, he continues to remain in custody in connection with the murders. One of the key accused in the murder case reportedly told investigators that the two men’s bodies had been burned upon the orders of ‘influential’ and ‘senior’ vigilantes in an attempt to destroy forensic evidence.
Seven years since the disappearance of Najeeb Ahmed
The family of Najeeb Ahmed, a student at Jawaharlal Nehru University, marked seven years since the disappearance of their son. The family has alleged that Ahmed was abducted by members of the Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the RSS. While student organisations continue to hold annual protests seeking justice, multiple investigation agencies have failed to find any trace of the missing student.
SC verdict reserved in pleas against premature release of convicted gang-rapists of Bilkis Bano
The Supreme Court has reserved its verdict after hearing a batch of pleas challenging premature release of 11 men who had been convicted and serving life in prison for gang-raping a Muslim woman and murdering several members of her family during the anti-Muslim pogrom in Gujarat in 2002. The SC’s judgement is expected to be delivered in the coming months.
Ahead of provincial elections last year, the BJP-led state government had ordered the early release of the convicts, citing their good behaviour. The BJP-led central government too had approved the convicts’ release. One of the convicts had subsequently shared a stage with top BJP leaders during a government event.
Police officers fined and sentenced to 14 days imprisonment for publicly flogging Muslim men
On 20 October, the Gujarat High Court fined and sentenced four police officers to 14 days imprisonment in a case related to the illegal detention and public flogging of a group of Muslim men in Kheda district last year. The sentence was handed out on charges of contempt of court, for flouting Supreme Court guidelines meant to be followed by police while effecting arrests. The HC, however, suspended the verdict for three months, allowing the policemen to file appeals.
UP government criticised by SC for shoddy probe into assault of 7-year-old Muslim child
In September, a Supreme Court (SC) bench made oral remarks criticising the UP state government for its shoddy probe into the assault of a 7-year-old Muslim child by in August by his classmates at the behest of their teacher. In October, the Court directed the state government to immediately decide whether it would prosecute the teacher. While the school where the assault took place has been shut down and an FIR has been registered in connection with the incident, the teacher – who has said she is ‘not ashamed’ of her actions – is yet to be arrested.
Continued incarceration of anti-CAA protest leaders without trial
The Supreme Court continued to defer the bail hearings of Umar Khalid, one of several prominent student leaders arrested during protests in 2019 against India’s discriminatory Citizenship (Amendment) Act (CAA). Khalid, along with 59 others – including students and HRDs – were subsequently charged under the anti-terror Unlawful Activities (Prevention) Act (UAPA), and accused of organising the targeted mass violence in Delhi in February 2020 that had left 53 dead, including 40 Muslims.
While around five of the co-accused have been released on bail, the rest have remained in custody in connection with various charges. Khalid had approached the SC in October last year after the Delhi High Court rejected his bail plea, but the Court has adjourned hearings at least six times, citing various reasons.
Separately, the bail pleas of student leader Sharjeel Imam, HRD Khalid Saifi and several others – all accused of participating in the same alleged conspiracy – are set to be heard afresh by the Delhi High Court, after one of the judges who had been presiding over the case since last year was elevated to another court. Khalid and the other co-accused have been in custody for over three years, with their trials yet to commence.
Continued incarceration of HRDs arrested in the Bhima-Koregaon case without trial
Mahesh Raut, one of 16 activists and academics arrested under the UAPA for allegedly inciting violence during a Dalit commemoration event in 2018, was granted bail by the Bombay High Court. However, Raut has remained in custody after the National Investigative Agency (NIA) secured a stay order pending appeal before the Supreme Court. The SC has extended the stay on the bail order.
While five of those arrested have been released on bail – and an 84-year-old Jesuit priest died while in police custody – Raut and the other nine activists have completed over five 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.