GENEVA – Alarmed by a repeatedly heavy-handed police response to peaceful youth-led demonstrations in New Delhi and other parts of the country over the past three months, UN experts* today called on Indian authorities to respect, protect and fulfil the right to peacefully protest, and ensure justice for human rights violations reported during these and previous protests.
“This crackdown reflects a broader, troubling pattern,” the experts said. “We have repeatedly alerted the Indian authorities to undue restrictions on peaceful assembly, excessive use of force, arbitrary detentions, enforced disappearances, and the targeting of student activists, amongst others.” In March, 10 student and labour-rights activists were reportedly detained in New Delhi by plain-clothes police officers, held incommunicado for more than 24 hours, and allegedly subjected to ill-treatment, threats, coercion and forced declarations, before being released following habeas corpus proceedings.
Over the last months, hundreds of thousands of students and their supporters have been gathering peacefully to protest in different parts of the country against Government decisions regarding the education system, and more recently, voter-roll deletions which affect 130 million individuals, reportedly belonging to the Muslim minority, Scheduled Castes and Tribes.
“Despite the non-violent nature of the assemblies, law enforcement agencies have reportedly deployed force against unarmed students, including lathi charges and have prevented thousands from joining the protests,” the experts said.
Reportedly, over 7000 youths, journalists, human rights defenders, lawyers and members of political parties were recently arbitrarily detained in New Delhi and sent to remote detention centres where their phones were allegedly seized and all protest-related material deleted. Most were released 24 hours later, including protest leaders.
According to information received, protesters have sustained injuries, with some reporting being subjected to ill-treatment. The experts expressed particular concern about reports of sexual violence and other forms of gender-based abuse in the protests and related detentions.
The experts raised concerns over reports that Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – or India’s criminal procedure code – has been invoked to impose broad bans on public gatherings, suspend public transportation and execute internet shutdowns.
“These actions violate India’s core international legal obligations, including the rights to freedom of peaceful assembly, freedom of expression, liberty, security of the person, and the right to defend human rights” the experts said. Any restrictions on peaceful assembly must be legal, pursue a legitimate aim, and be necessary and proportionate.
“We call on the authorities to immediately cease the use of excessive force, rescind blanket assembly bans, and refrain from the misuse of digital surveillance, including through biometrics, and internet disruptions.”
The experts called for an independent, impartial, and thorough investigation into the conduct of law enforcement and affiliated forces to be launched without delay to ensure full accountability, justice, and victims’ reparations.
“The Government must guarantee non-recurrence and uphold the democratic right of students and others to assemble and express grievances,” they said. “Particular attention must be paid to the gender-specific impact of restrictions on peaceful assembly and reprisals against protesters.”
