This report describes how the Indian government has weaponized counter-terrorism and money laundering laws to target civil society organisations and human rights defenders with a focus on the Foreign Contribution (Regulation) Act, Unlawful Activities(Prevention) Act and Prevention of Money Laundering Act and highlights emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students, including Kashmiri human rights defenders and the Jammu Kashmir Coalition of Civil Society.

Topics: Financial Action Task Force (FATF) processes, Foreign Contribution (Regulation) Act (FCRA), Unlawful Activities(Prevention) Act (UAPA) and Prevention of Money Laundering Act (PMLA), conclusion, recommendations

Terms: abuse of law, lawfare, disinformation, denial of right to freedom of association, denial of right to freedom of expression, FCRA, UAPA, PMLA

This letter from a transnational collective of human rights and civil society organizations was submitted to the UN Human Rights Committe in connection with the the International Covenant on Civil and Political Rights (ICCPR) review of the USA. It focuses on how the spread of the US' counter-terrorism framework beyond its borders is having concrete human rights impacts like repressing civil society, eliminating due process rights and starving citvil society organizations of funding. The letter focuses on five specific examples from different parts of the world, including Indian-administered Kashmir (others include Argentina, Brazil, Colombia and Palestine). The signatories include: Al-Haq, Addameer, Center for Constitutional Rights, Centro de Estudios Legales y Sociales, Colectivo de Abogados y Abogadas “José Alvear Restrepo” (CAJAR), European Center for Constitutional and Human Rights, Movement Law Lab, KLJP, Palestine Institute for Public diplomacy (PIPD), Rede de Apoio às Favelas (Rio de Janeiro), Rede de Advogadas Populares Feministas Coletes Rosas (Rio de Janeiro), Socio-Economic Rights Institute of South Africa and Temblores ONG.

In August 2023, Indian authorities continued to commit grave human rights violations in Indian-administered Kashmir (IAK).Indian forces killed at least eight people in IAK. The Jammu and Kashmir Police, Indian Army and Central Reserve Police Force (CRPF) carried out multiple raids, seizures, and cordon-and-search operations in IAK, resulting in at least five deaths and numerous arbitrary detentions. Media censorship and repression targeting journalists continued, including through the Indian government’s forcible silencing and closure of The Kashmir Walla. The Jammu and Kashmir administration expanded the already extensive system of physical and digital surveillance in IAK through a new identification system. The administration also continued to escalate forced demographic change in theregion through the construction of 6,000 transit accommodations for “migrants” employed by the government. Indian authorities’ broad denial of the right to free expression continued, including through the suspension of a public sector teacher for testifying in a case before India’s Supreme Court challenging the 2019 “abrogation” of Article 370 of India’s constitution and the commencement of criminal proceedings against people protesting new, discriminatory laws favored by India’s ruling Bharatiya Janata Party (BJP).

In May 2023, Indian authorities continued to commit grave human rights violations in Indian-administered Kashmir (IAK). The G20 Tourism Working Group meeting was held in Srinagar, Kashmir from May 22-25, drawing widespread criticism. During the meeting, Indian authorities made false claims that the Kashmiri press enjoyed “absolute freedoms” and dismissed criticism regarding the human rights situation in IAK. Leading up to the meeting, the Indian government heightened security checks, increased raids and arbitrary arrests, and closed schools and stores. There was also an increase in reported extrajudicial killings, with Indian forces killing at least 12 people in IAK. Meanwhile, political and economic disempowerment continued in the region. For a summary of the human rights impact of the G20 meetings in Srinagar, please see ANNEX: Reported Human Rights Consequences of the G20 in IAK.

In the context of the September 2023 G20 summit, several human rights organizations issued a public letter to G20 member countries, guest countries and invited international organizations reminding them of the ongoing human rights violations in Indian-administered Kashmir and urging them to call on the government of India to: 

• Immediately and unconditionally release Khurram Parvez and Irfan Mehraj, drop all charges against them and to end the ongoing persecution and targeting of Kashmiri human rights defenders, journalists, dissenters and political prisoners;
• Comply with their international legal obligations and allow civil society to freely operate in IAK;
• Cease their longstanding obstruction of international civil society and inter-governmental organisations including the United Nations Special Rapporteurs and other human rights mechanisms which should have unfettered access to IAK and Kashmiri detainees.

This report finds that India has been operating secret state-sponsored paramilitary groups composed of captured or surrendered former militants described as “renegades” by the Indian government. Many of these groups have been responsible for grave human rights abuses, including summary executions, torture, and illegal detention as well as election-related intimidation of voters.

Topics: recommendations, background, applicable international law, violations by Indian government forces, state-sponsored renegade militias, attacks on human rights activists, attacks on the press, attacks on medical workers, abuses by uniformed Indian security personnel, torture, violations by militant organizations, killings on Hindu minorities, extrajudicial executions and reprisal killings

Terms: March 1996 killing of Jalil Andrabi, December 1995 shooting of Zafar Mehraj, December 1995 killing of Farooq Ahmed Sheikh, Ikhwan-ul-Muslimoon, January 1996 killings of Mohammed B and Sheikh Y, December 1995 killing of Ghulam Ahmed Bhat and Khurshid Ahmed Bhat, custodial torture, custodial rape, Rashtriya Rifles, enforced disapppearances, arbitrary detention, excessive use of force, custodial killings, cordon and search operations, Border Security Force (BSF), Central Reserve Police Force (CRPF)