August 23, 2022
India: Human Rights Assessments
Overview
and actions expressing hatred and violence against religious
India is identified by U.S. government agencies, the United
minority communities” in India, in particular two incidents
Nations, and some nongovernmental organizations as the
in late 2021, when Hindu nationalist leaders “called for the
site of numerous human rights abuses, many of them
murder of Muslims, in a context purporting to make India a
significant, some seen as perpetrated by agents of both state
Hindu nation.” She also decried “problematic” religious
and federal governments. The scope and scale of such
conversion bans that “may foster hatred or even violence.”
abuses reportedly has increased under the leadership of
Prime Minister Narendra Modi and his Hindu nationalist
Press Freedom
Bharatiya Janata Party, particularly since their convincing
The State Department’s 2021 Country Reports on Human
national reelection in 2019.
Rights Practices (Human Rights Reports or HRRs) states
that, while the Indian government generally respected press
Many analyses also warn of democratic backsliding in
freedom in 2021, “there were instances in which the
India. For example, since 2019, the Sweden-based Varieties
government or actors considered close to the government
of Democracies project has classified India as “an electoral
allegedly pressured or harassed media outlets critical of the
autocracy.” In 2021, U.S.-based nonprofit Freedom House
government, including through online trolling.” It notes
re-designated India as “Partly Free,” contending that “Modi
“restrictions on free expression and media, including
and his party are tragically driving India itself toward
violence, threats of violence, or unjustified arrests or
authoritarianism,” with negative implications for global
prosecutions against journalists.” Paris-based Reporters
democratic trends. The New Delhi government issued a
Without Borders’ (RSF) 2022 Press Freedom Index ranks
“rebuttal” of the Freedom House conclusions, calling them
India 150th of 180 countries (just below Turkey; the United
“misleading, incorrect, and misplaced.” The following
States is 42nd), down from 142nd in 2021 and continuing a
sections describe selected areas of human rights concerns.
six-year downward trend. RSF sees “press freedom in
crisis” in India, which it calls “one of the world’s most
Religious Freedom
dangerous countries for the media.” It finds “charges of
About 80% of Indians are Hindu and roughly 14% are
defamation, sedition, contempt of court and endangering
Muslim. The State Department’s 2021 Report on
national security are increasingly used against journalists
International Religious Freedom (IRF) asserts that,
critical of the government, who are branded as ‘anti-
“Attacks on members of religious minority communities,
national.’” According to Freedom House, “attacks on press
including killings, assaults, and intimidation, occurred
freedom have escalated dramatically under the Modi
throughout the year” in India. It notes “cow vigilantism”
government,” with Indian authorities using various laws “to
against non-Hindus based on allegations of cow slaughter
quiet critical voices in the media.”
or trade in beef, the near-doubling of the number of
reported violent attacks against Christians to an average of
Freedom of Expression
more than nine per week, and adoption of laws restricting
According to the 2021 HRR, violations of online freedoms
religious conversions in ten Indian states. Secretary of State
in 2021 included restrictions on access to the internet,
Antony Blinken has asserted, “[W]e’ve seen rising attacks
disruptions of access to the internet, censorship of online
on people and places of worship” in India, and the U.S.
content, and reports the government occasionally monitored
Ambassador at Large for IRF added, “[I]n India some
users of digital media, as well as “use of criminal libel laws
officials are ignoring or even supporting rising attacks on
to prosecute social media speech.” Access Now, a global
people and places of worship.” The Indian government’s
digital rights group that calls internet shutdowns
response noted what it called “ill-informed comments by
“dangerous acts of digital authoritarianism,” named India
senior U.S. officials” and suggested that the IRF report was
the “world’s largest offender” for the fourth consecutive
“based on motivated inputs and biased views.”
year for blacking out the internet at least 106 times in 2021.
In 2022, the group declared that, “Free expression is not
Since 2020, the U.S. Commission on International
safe in India.” Freedom House finds that, in India,
Religious Freedom has recommended that the Secretary of
“Academic freedom has significantly weakened in recent
State designate India as a Country of Particular of Concern
years, as intimidation of professors, students, and
(CPC) under the International Religious Freedom Act “due
institutions over political and religious issues has
to the Indian government’s promotion of Hindu
increased.” Meanwhile, U.S.-based tech platforms
nationalism, and engagement and facilitation of systematic,
including Facebook, Twitter, and WhatsApp face escalating
ongoing, and egregious violations of religious freedom.”
pressure from the Indian government over the companies’
reluctance to comply with data and takedown requests, and
In March 2022, the U.N. High Commissioner for Human
video streaming services such as Netflix and Amazon have
Rights (HCHR) expressed concern about “recent statements
https://crsreports.congress.gov
India: Human Rights Assessments
come under scrutiny for content deemed controversial by
communications and movement restrictions,” and notes
Hindu nationalists and their allies in the Indian government.
reports that human rights monitors have been “restrained or
harassed” by state agents there. Human Rights Watch’s
Civil Society
(HRW) World Report 2021 finds that, “The government
The 2021 HRR finds “overly restrictive laws on the
continued to impose harsh and discriminatory restrictions
organization, funding, or operations of nongovernmental
on Muslim-majority areas” of Kashmir in 2021, and it
[NGOs] and civil society organizations” in India, as well as
criticizes the “draconian” Public Safety Act and the Armed
“government harassment of domestic and international
Forces (Special Powers) Act as allowing for mass
human rights organizations.” Freedom House reports that
detentions without charges and impunity for security forces
some NGOs in India, particularly those working on human
“even for serious human rights abuses.”
rights, “continue to face threats, legal harassment, excessive
police force, and occasionally lethal violence.” Foreign
Women’s Status
NGOs have for years faced financing restrictions in India
According to the 2021 HRR, there was a “lack of
via the Foreign Contribution (Regulation) Act. The act has
investigation of and accountability for gender-based
been “misused by government agencies to silence NGOs,”
violence” in India in 2021: “Rape continued to be a
according to London-based Amnesty International, which
persistent problem, including gang rape, rape of minors,
in 2020 ended its India operations following what it called
rape against lower-caste women or women from religious
“years of official threats, intimidation and harassment.”
and nonreligious minority communities by upper-caste
men, and rape by government officials.” Dowry disputes
Corruption
and so-called honor killings also “remain serious
The 2021 HRR contends that India suffers from “serious
problems.” HRW reports “systemic barriers to justice for
government corruption,” and, “Despite government efforts
survivors of sexual violence in India, including stigma, fear
to address abuses and corruption, a lack of accountability
of retaliation, hostile or dismissive police response, and a
for official misconduct persisted at all levels of
lack of access to adequate legal and health support
government, contributing to widespread impunity.” Berlin-
services.”
based Transparency International’s “Corruption Perceptions
Index,” which measures relative degrees of global
Other Issues
corruption, ranks India 85th of 180 world countries (just
The 2021 HRR also finds significant human rights issues in
below Belarus; the United States is 27th). Its “Global
India included “credible reports of” unlawful and arbitrary
Corruption Barometer” found 89% of Indian citizens “think
killings, including extrajudicial killings by the government
government corruption is a big problem.” Freedom House
or its agents; torture and cases of cruel, inhuman, or
argues that, “Large-scale political corruption scandals have
degrading treatment or punishment by police and prison
repeatedly exposed bribery and other malfeasance, but a
officials; harsh and life-threatening prison conditions;
great deal of corruption is thought to go unreported and
arbitrary arrest and detention by government authorities;
unpunished, and the authorities have been accused of
politically motivated imprisonments or detentions; arbitrary
selective, partisan enforcement.”
or unlawful interference with privacy; refoulement of
refugees; and crimes involving violence and discrimination
Human Trafficking and Bonded Labor
targeting members of minority groups based on social status
The State Department’s 2022 Trafficking in Persons Report
or sexual orientation or gender identity.
places India in the “Tier 2” category, meaning its
government “does not fully meet the minimum standards
Issues for Congress
for the elimination of trafficking, but is making significant
In March 2021, the Chairman of the Senate Foreign
efforts to do so. ... However, the government did not meet
Relations Committee sent a public letter to the U.S.
the minimum standards in several key areas,” including
Secretary of Defense urging him to “raise democracy and
“inadequate” anti-trafficking efforts against bonded labor
human rights concerns” during travel to New Delhi,
and increasing acquittal rates (89%) for accused traffickers.
asserting that “the Indian government has been trending
Freedom House notes that, while the Indian constitution
away from” democratic values.
bans human trafficking and bonded labor is illegal,
estimates suggest that 20-50 million workers are affected,
Resolutions Before Congress
and, “The use of child labor reportedly surged during the
S.Res. 609 (introduced May 2022), recognizing widening threats
COVID-19 lockdowns.”
to press freedom and free expression around the world—and
taking note of retaliatory kil ings of journalists and internet
Human Rights in Kashmir
blackouts in India—has garnered nine co-sponsors to date. A
Until recently Jammu and Kashmir was India’s only
similar bil , H.Res. 1095 (introduced the same month), has
Muslim-majority state; today it has none. In 2019, the
garnered 16 co-sponsors to date. H.Res. 1196 (introduced June
government repealed Article 370 of the Indian Constitution
2022), “condemning human rights violations and violations of
and Section 35A of its Annex, removing the state’s
international religious freedom in India,” has garnered 11 co-
(nominally) autonomous status and bifurcating it into two
sponsors to date.
“Union Territories,” each with reduced administrative
powers. The U.N. Office of the HCHR said the changes
The Biden Administration requests $117 million in foreign
“risk undermining minorities’ rights.” The 2021 HRR
assistance to India for FY 2023. Congress could consider
states, “Journalists working in Jammu and Kashmir
whether or not to condition some or all of such aid on
continued to face barriers to free reporting through
improvements in human rights and civil liberties in India.
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India: Human Rights Assessments
IF12198
K. Alan Kronstadt, Specialist in South Asian Affairs
Disclaimer
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https://crsreports.congress.gov | IF12198 · VERSION 1 · NEW