US State Dept report on human rights practices in India
THE US State Department’s recent release of country reports on human rights practices for India has brought to light a sobering and comprehensive analysis of the current state of human rights in the country. The report offers a stark evaluation of various critical issues, including extrajudicial killings, police brutality, prison conditions, restrictions on freedom of expression and media, gender-based violence, forced labour and the lack of accountability for official misconduct. Despite acknowledging some positive developments, the report underlines the ongoing challenges that need immediate attention. This report represents a crucial contribution to understanding the complex human rights landscape in India and offers valuable insights that can help shape advocacy and policy initiatives aimed at ensuring greater respect for human rights in the country.
India is a country with a rich cultural heritage and a diverse population of over 1.3 billion people. It is a multiparty, federal, parliamentary democracy with a bicameral legislature. The president, elected by an electoral college composed of the state assemblies and parliament, is the head of state and the prime minister is the head of government. The constitution gives the country’s 28 states and eight union territories a high degree of autonomy and primary responsibility for law and order.
In July, electors chose President Droupadi Murmu to serve a five-year term, making her the first president from the country’s tribal community. The victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party in the 2019 general election saw Narendra Modi become the prime minister for the second time. Observers considered the presidential and parliamentary elections, which included more than 600 million voters, to be free and fair.
The states and union territories have primary responsibility for maintaining law and order, with policy oversight from the central government. Police are within state jurisdiction. The Ministry of Home Affairs controls most paramilitary forces, the internal intelligence bureaus and national law enforcement agencies and provides training for senior officials from state police forces. Civilian authorities maintained effective control over the security forces. However, members of the security forces committed some abuses.
One of the significant human rights issues in India is credible reports of unlawful and arbitrary killings, including extrajudicial killings by the government or its agents. Torture or cruel, inhuman, or degrading treatment or punishment by police and prison officials is also a concern. Harsh and life-threatening prison conditions, arbitrary arrest and detention and political prisoners or detainees are other issues that need addressing.
Another major concern is the arbitrary or unlawful interference with privacy, restrictions on freedom of expression and media, including violence or threats of violence, unjustified arrests or prosecutions of journalists and enforcement of or threat to enforce criminal libel laws to limit expression. Restrictions on internet freedom, interference with the freedom of peaceful assembly and freedom of association, restrictions on freedom of movement and the right to leave the country are other issues of concern.
Refoulement of refugees, serious government corruption, harassment of domestic and international human rights organizations and lack of investigation of and accountability for gender-based violence are additional areas of concern. These include domestic and intimate partner violence, sexual violence, workplace violence, child, early and forced marriage, femicide and other forms of such violence.
Crimes involving violence or threats of violence targeting members of national, racial, ethnic and minority groups based on religious affiliation, social status, or sexual orientation and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer and inter-sex persons are other human rights concerns.
Forced and compulsory labour is also prevalent in the country. A lack of accountability for official misconduct persisted at all levels of government, contributing to widespread impunity. Lax enforcement, a shortage of trained police officers and an overburdened and under-resourced court system contributed to a low number of convictions.
Terrorists in Jammu and Kashmir, north-eastern states and Maoist terrorism-affected areas committed serious abuses, including killing and torture of armed forces personnel, police, government officials and civilians; kidnapping; and recruitment and use of child soldiers. These groups also pose a significant threat to India’s national security and territorial integrity. The government has been accused of enacting policies that discriminate against Muslims and of failing to protect them from communal violence. The controversial Citizenship Amendment Act, passed in 2019, has been widely criticized for targeting Muslims and eroding the secular fabric of the country.
India has also faced criticism for its handling of the COVID-19 pandemic. The government was accused of initially downplaying the severity of the virus and failing to take adequate measures to contain its spread. The sudden announcement of a nationwide lockdown in March 2020 caused widespread chaos and hardship, particularly for the country’s large migrant population. There were also concerns about the government’s handling of the vaccination drive and allegations of vaccine shortages and disparities in access.
As India continues to grapple with the complex issues facing its society, including poverty, inequality and communal tension, it will be important for the country’s leaders to uphold the principles of democracy, human rights and the rule of law. By doing so, India can continue to build a more inclusive and prosperous society for all of its citizens.
—The writer is a US-based columnist and author of The Troubled Triangle: US-Pakistan Relations under the Taliban’s Shadow (Routledge, 2022).
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