EU Urged to Address India’s Human Rights Violations in Upcoming Dialogue

As the EU-India human rights dialogue approaches, five leading human rights organizations are calling on the European Union to pressure the Indian government to address severe human rights abuses in the country. The dialogue, scheduled for August 20, 2024, presents a critical opportunity for the EU to demand that India take immediate action to reverse discriminatory policies and laws that have increasingly targeted Muslims, Christians, and other minority groups.

The organizations—Human Rights Watch, Amnesty International, Front Line Defenders, World Organisation against Torture (OMCT), and Christian Solidarity Worldwide (CSW)—emphasize the need for India to uphold basic human rights, such as freedom of expression and peaceful assembly. They also call for the release of human rights defenders, journalists, and others who have been unjustly detained. “The EU should urge the Indian government to immediately release all arbitrarily detained human rights defenders, journalists, and other critics,” the groups stated.

The annual human rights dialogue between the EU and India is a platform where both sides can express their concerns regarding human rights issues. The human rights organizations, however, argue that this dialogue is insufficient in itself and needs to be part of a broader strategy to hold India accountable. The EU is urged to insist that India protect the rights to freedom of speech, assembly, and religion. Concurrently, India is encouraged to address the growing problem of racist and xenophobic attacks in Europe, particularly against migrants and minorities.

The dialogue takes place in the context of Indian Prime Minister Narendra Modi’s recent re-election. Modi’s third consecutive term in office was marked by a campaign filled with rhetoric that incited hostility and violence against marginalized communities, particularly Muslims. The Modi administration’s decade-long tenure has seen a rise in violence and discrimination against minorities, leading to the normalization of such abuses. “Modi and several other BJP leaders repeatedly made statements inciting hostility and violence against marginalized groups,” the report highlighted.

The Indian government has implemented several policies that systematically discriminate against religious minorities. One of the most notable is the Citizenship Amendment Act, which effectively excludes Muslim asylum seekers. Furthermore, BJP-led state governments have demolished Muslim-owned properties without due process as collective punishment for communal unrest or dissent, actions that some BJP officials have termed “bulldozer justice.” The situation has deteriorated since Modi’s re-election, with 28 reported attacks on religious minorities, resulting in the deaths of 12 Muslim men and one Christian woman.

The Modi government has also intensified its crackdown on the media, political opponents, and civil society groups. Allegations of financial misconduct and anti-terrorism laws have been used to harass and prosecute human rights activists, journalists, students, government critics, peaceful protesters, and members of minority communities. The Financial Action Task Force, an intergovernmental organization that includes the European Commission, has urged India to prevent the misuse of anti-terror policies against non-governmental organizations (NGOs). Despite these recommendations, the Indian government continues to wield its Foreign Contribution (Regulation) Act (FCRA) to arbitrarily cancel licenses and shut down foreign funding for NGOs. Over the past decade, more than 20,600 NGOs, many of which promote human rights and democracy, have lost their licenses.

In July 2024, the Indian government enacted three new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhinayam (BSA)—replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. These new laws have expanded police powers, raising concerns about potential infringements on the rights to freedom of expression, association, peaceful assembly, and fair trial. One of the most contentious aspects of the new BNSS is the provision allowing police to seek 15-day custody of an accused at any time before the completion of the remand period, increasing the risk of torture and ill-treatment. Critics also argue that while the new penal code ostensibly abolishes the colonial-era sedition clause, it introduces a similarly repressive provision against acts “endangering sovereignty, unity and integrity of India.”

The Modi administration has also introduced regulations that expand governmental control over online content, notably through the Information Technology Rules. These rules could weaken encryption and undermine media freedoms, the right to privacy, and freedom of expression online. The Indian government has a history of applying these laws to block online content critical of its actions, a trend that has only grown more concerning as India continues to lead the world in internet shutdowns. These shutdowns not only restrict fundamental freedoms but also disproportionately affect impoverished communities who rely on the internet for access to government services, thereby denying them access to essential resources like food and livelihoods.

One of the most troubling examples of human rights violations under the Modi government is the ongoing ethnic violence in Manipur state. Since May 2023, clashes between the predominantly Hindu Meitei community and the mostly Christian Kuki tribal groups have led to over 200 deaths, the displacement of more than 60,000 people, and the destruction of hundreds of homes and churches. The state government has failed to curb the violence and has even been accused of protecting violent groups allied with the Meitei community. “The Manipur state government continues to protect violent groups that support the dominant Meitei community,” the report asserts.

In Jammu and Kashmir, the Indian government has maintained severe restrictions on freedom of speech and assembly since revoking the region’s special autonomous status in August 2019. The media faces increasing pressure, with several journalists and human rights defenders arrested on dubious terrorism charges. Despite these oppressive measures, the government has failed to protect minority Hindus from militant attacks, exacerbating the region’s tensions.

The Modi administration has also faced criticism for its use of the Unlawful Activities Prevention Act (UAPA), a stringent anti-terrorism law, to arrest activists advocating for the rights of marginalized Dalit and Adivasi communities. Although courts have granted bail to six of the 16 prominent activists detained under this law, nine remain imprisoned without trial. The case of Jesuit priest Stan Swamy, who died in custody after advocating for Adivasi rights, has drawn particular outrage. Forensic reports have suggested that malware was used to plant evidence on the computers of at least three accused individuals.

There are also growing concerns about India’s involvement in transnational repression, with accusations that Indian intelligence agencies have targeted terrorism suspects and separatist leaders for assassination in countries like Canada, the United States, and Pakistan. Additionally, India has reportedly canceled the visas of overseas critics and barred them from entering the country.

In response to these escalating abuses, the European Parliament adopted a resolution in January 2024 that raised urgent human rights concerns regarding India. The resolution highlighted “violence, increasing nationalistic rhetoric and divisive policies” against minorities and recommended that the EU-India Human Rights Dialogue be upgraded to a biannual, headquarters-level discussion, preceded by a civil society dialogue that sets concrete commitments and benchmarks for progress.

As the EU-India human rights dialogue approaches, the EU is urged to ensure that the outcomes are followed up in public communications and diplomatic efforts. The EU should integrate these findings into its broader strategy on human rights within the framework of the planned Strategic EU-India Agenda.

The EU should prioritize urging the Indian government to release all arbitrarily detained human rights defenders, journalists, and other critics, repeal or amend repressive laws, implement the Financial Action Task Force’s recommendations, and publicly condemn and prosecute those responsible for attacks on religious minorities. It is also crucial for the Indian government to allow UN experts and international human rights monitors access to regions like Jammu and Kashmir and Manipur to ensure accountability and transparency.