India's amended anti-atrocities Act "expanding restrictions" on free speech, alleges Human Rights Watch

By A Representative
At a time when the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 – popularly anti-atrocities Act – is winning high accolades from Dalit rights activists across India, one of the world’s top advocacy groups, Human Rights Watch (HRW), has criticized it for using “vague and over broad language, expanding restrictions on speech.”
The sharp critique of the anti-atrocities Act comes in HRW’s new 121-page report, "Stifling Dissent: The Criminalization of Peaceful Expression in India", which largely focuses on India’s “criminal defamation laws”, which, it insists, “should be abolished, as criminal penalties infringe on peaceful expression and are always disproportionate punishments for reputational harm”.
Pointing out that the amended anti-atrocities Act raises “concerns over potential misuse of the law”, the HRW says, “The new law amends some existing categories of actions and adds some new categories of actions to be treated as offences. Some of these amendments are problematic from the perspective of freedom of expression.”
Thus, it says, under Section 3 (1), the amended law bans any expression that “promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes” and also any expression that “disrespects any late person held in high esteem by members of the Scheduled Castes or the Scheduled Tribes.”
HRW comments, “Disrespectful speech, or expression that promotes negative feelings, however offensive, is not the same as incitement to acts of hostility, discrimination, or violence, and as such should not be subject to criminal penalty.”
At the same time, HRW says, it “welcomes” efforts to strengthen the law to end caste-based discrimination and hatred, “especially in the light of the high pendency and low conviction rates in cases filed under the Act.”
“According to the latest government data, in 2013, 84.1 percent of the cases filed under the Prevention of Atrocities Act were pending while only 22.8 percent resulted in conviction, compared to a 30 percent conviction rate in 2011”, it points out.
Calling the original 1989 anti-atrocities Act seeking to ban expression that “intentionally insults or intimidates with intent to humiliate” a member of a scheduled caste or tribe “one of the most important pieces of legislation for the protection of Dalits”, HRW regrets, “In reality, as research conducted by Human Rights Watch and others has repeatedly shown, discrimination against socially marginalized communities such as Scheduled Castes and Scheduled Tribes continues.”
Upholding many of the important sections of the anti-atrocities Act as “entirely appropriate” by allowing “prosecution of violent actions against members of protected groups”, HRW believes, “The law has been occasionally used against individuals for expression.”
HRW cites a 2015 report by PEN International, an international free expression watchdog based in Canada, giving the example of how sociologist Ashis Nandy in January 2013 was booked under the anti-atrocities Act for his alleged comment about Dalits being among the “most corrupt” at the Jaipur Literature Festival (click HERE).
“Nandy clarified that he had said that the corruption of the poor was more visible and, in fact, this corruption was an equalizer because it allowed them to access the entitlements that should be theirs by right. Nandy also apologized for his comments", HRW says.
"Nonetheless, it drew the ire of some members of the scheduled castes and a politician from Rajasthan filed FIR against him under Section 3(1)(x) of the anti-atrocities Act”, HRW points out, adding, “Criminal cases were also filed against him in Maharashtra, Bihar, and Chhattisgarh.”

---

Download full HRW report HERE

Comments

Manufacturing, services: India's low-skill, middle-skill labour remains underemployed

By Francis Kuriakose* The Indian economy was in a state of deceleration well before Covid-19 made its impact in early 2020. This can be inferred from the declining trends of four important macroeconomic variables that indicate the health of the economy in the last quarter of 2019.

Why Indo-Pak relations have been on 'knife’s edge' , hostilities may remain for long

By Utkarsh Bajpai* The past few decades have seen strides being made in all aspects of life – from sticks and stones to weaponry. The extreme case of this phenomenon has been nuclear weapons. The menace caused by nuclear weapons in the past is unforgettable. Images of Hiroshima and Nagasaki from 1945 come to mind, after the United States dropped two atomic bombs on the cities.

Food security? Gujarat govt puts more than 5 lakh ration cards in the 'silent' category

By Pankti Jog* A new statistical report uploaded by the Gujarat government on the national food security portal shows that ensuring food security for the marginalized community is still not a priority of the state. The statistical report, uploaded on December 24, highlights many weaknesses in implementing the National Food Security Act (NFSA) in state.

Incarceration of Prof Saibaba 'revives' the question: What is crime, who is criminal?

By Kunal Pant* In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor GN Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”

Civil society flags widespread violations of land acquisition Act before Parliamentary panel

By Jag Jivan Civil society organisations and stakeholders from across India have presented stark evidence before the Parliamentary Standing Committee on Rural Development and Panchayati Raj , alleging systemic violations of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 , particularly in Scheduled Areas and tribal regions.

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

By Syed Ali Mujtaba* The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Protesters in UK cities voice concerns over alleged developments in Bastar region

By A Representative Demonstrations were held across several cities in the United Kingdom on March 28, as groups and activists gathered to protest what they described as state actions in India under the reported “Operation Kagar.”

Concentration of wealth in India at levels 'comparable to colonial times', says new report

By Jag Jivan A new report published in March 2026 by the Centre for Financial Accountability and the Tax The Top campaign paints a stark picture of deepening economic disparity in India, documenting a concentration of wealth that it argues is “comparable to colonial times.” Titled Wealth Tracker India | Tax the Top. Close the Gap , the compilation presents data from the World Inequality Database and the Hurun Rich List to illustrate the meteoric rise of the ultra-wealthy alongside the stagnation and debt burdens of the majority.

Beneath the stone: Revisiting the New Jersey mandir controversy

By Rajiv Shah A recent report published in the British media outlet The Guardian , titled “Workers carved the largest modern Hindu temple in the west. Now, some have incurable lung disease,” took me back to my visits to the New Jersey mandir —first in 2022, when it was still under construction, though parts of it were open to visitors, and again in 2024, after its completion.

Search This Blog