India does not deserve to be a temporary/permanent of the UN Security Council
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Impunity for Security Forces in Jammu & Kashmir
There were repeated allegations of violations by government forces in Jammu and Kashmir during security operations. In 2018, there was increased violence involving militants that many attributed to political failures to ensure accountability for abuses. Militants killed at least 32 policemen in 2018. In August, in retaliation for the arrest of their relatives, militants in South Kashmir kidnapped 11 relatives of several policemen. The militants released all relatives of police personnel after authorities released the family members of the militants. In November, militant group Hizbul Mujahideen killed a 17-year-old boy in Kashmir on suspicion that he was a police informer, and released the video of the killing as a warning to others. Militants killed several other people in 2018 on suspicions of being police informers. In June, unidentified gunmen killed prominent journalist Shujaat Bukhari, editor of the Rising Kashmir, outside the newspaper’s office in Srinagar.
The Office of the United Nations High Commissioner for Human Rights released its first-ever report on the human rights situation in Kashmir in June. The report focused on abuses since July 2016, when violent protests erupted in response to the killing of a militant leader by soldiers. The government dismissed the report, calling it “fallacious, tendentious and motivated.”
The report described impunity for human rights violations and lack of access to justice, and noted that the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) and the Jammu and Kashmir Public Safety Act (PSA) impede accountability for human rights violations.
The AFSPA, which is also in force in several states in India’s northeast, provides soldiers effective immunity from prosecution for serious human rights abuses. The government has failed to review or repeal the law despite repeated recommendations from several government-appointed commissions, UN bodies and experts, and national and international rights groups.
Numerous cases of rape across the country once again exposed the failures of the criminal justice system. Nearly six years after the government amended laws and put in place new guidelines and policies aimed at justice for survivors of rape and sexual violence, girls and women continue to face barriers to reporting such crimes. Victim-blaming is rampant, and lack of witness and victim protection laws make girls and women from marginalized communities even more vulnerable to harassment and threats.
Starting in September, numerous women in India’s media and entertainment industries shared their accounts on social media of workplace sexual harassment and assault, as part of the #MeToo movement. These public accounts, naming the accused, highlighted the failures of due process, lack of mental health services and support for survivors, and the urgent need to fully implement the Sexual Harassment of Women at Workplace Act of 2013, which prescribes a system for investigating and redressing complaints in the workplace.
In September, the government launched a national registry of sexual offenders, which would store the name, address, photo, fingerprints, and personal details of all arrested, charged, and convicted of sexual offenses. The database, available only to law enforcement agencies, raised concerns regarding data breaches and violations of privacy protections, including for individuals never convicted of a sexual offense.
In September, the Supreme Court lifted the ban on entry of women of menstruating age—between 10 and 50—to a temple in southern India, on grounds of nondiscrimination, equality, and women’s right to practice religion. This prompted protests from devotees, including women, who tried to stop girls and young women from entering the temple. The same month, the top court struck down an archaic law that criminalized adultery.
Persecution of religious minorities like Muslims, Christians, Sikhs, Dalits & Tribal
Mob violence by extremist Hindu groups affiliated with the ruling BJP against minority communities, especially Muslims, continued throughout the year amid rumors that they traded or killed cows for beef. As of November, there had been 18 such attacks, and eight people killed during the year.
In July, the government in Assam published a draft of the National Register of Citizens, aimed at identifying Indian citizens and legitimate residents following repeated protests and violence over irregular migration from Bangladesh. The potential exclusion of over four million people, many of them Muslims, from the register raised concerns over arbitrary detention and possible statelessness.
Dalits, formerly “untouchables,” continued to be discriminated against in education and in jobs. There was increased violence against Dalits, in part as a reaction to their more organized and vocal demands for social progress and to narrow historical caste differences.
In November, farmers protested against debt and lack of state support for rural communities, and called for establishing rights of women farmers and protecting the land rights of Dalits and tribal communities against forcible acquisition.
In April, nine people were killed in clashes with police after Dalit groups protested across several north Indian states against a Supreme Court ruling to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. In response to a complaint of alleged misuse of the law, the court had ordered that a senior police official should conduct a preliminary inquiry before a case is registered under the law. Following the widespread protests, the parliament passed amendments to the law in August, overturning the Supreme Court order.
In July, police in Ahmedabad city raided an area, home to 20,000 members of the vulnerable and marginalized Chhara tribe, a denotified tribe. According to residents, police allegedly brutally beat up scores of people, damaged property, and filed false cases against many of them.
A January report by a government-appointed committee on de-notified tribes—tribes that were labeled as criminal during British colonial rule, a notification repealed after independence—said they were the most marginalized communities, subject to “social stigma, atrocity and exclusion.”
Tribal communities remained vulnerable to displacement because of mining, dams, and other large infrastructure projects.
In September, the Supreme Court upheld the constitutionality of the bio-metric identification project, Aadhaar, saying the government could make it a requirement for accessing government benefits and filing income tax, but restricted it for other purposes. Rights groups raised concerns that Aadhaar registration requirements had prevented poor and marginalized people from getting essential services that are constitutionally guaranteed, including food and health care.
Freedom of Expression
Authorities continued to use laws on sedition, defamation, and counter-terrorism to crack down on dissent.
In April, police in Tamil Nadu state arrested a folk singer for singing a song at a protest meeting that criticized Prime Minister Narendra Modi. In August, state authorities detained an activist for sedition, allegedly for describing police abuses against protesters opposing a copper factory at the UN Human Rights Council. When a magistrate refused to place him in police custody, police arrested him in an older case and added sedition to the charges against him. Police have also added charges under the Unlawful Activities Prevention Act (UAPA), the key counter-terrorism law.
In September, Tamil Nadu state authorities arrested a woman for calling the BJP government “fascist” on board a flight in the presence of the state’s BJP president.
In June, police arrested eight people in Bihar state, including five under the age of 18, for sedition, for playing and dancing to an “anti-India” song.
Journalists faced increasing pressure to self-censor due to threat of legal action, smear campaigns and threats on social media, and even threats of physical attacks. In August, the government withdrew its controversial proposal to monitor social media and online communications and collect data on individuals after the Supreme Court said it would turn India into a “surveillance state.”
State governments resorted to blanket internet shutdowns either to prevent violence and social unrest or to respond to an ongoing law and order problem. By November, they had imposed 121 internet shutdowns, 52 of them in Jammu and Kashmir and 30 in Rajasthan.
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