Skip to main content

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

TRENDING

From plagiarism to proxy exams: Galgotias and systemic failure in education

By Sandeep Pandey*   Shock is being expressed at Galgotias University being found presenting a Chinese-made robotic dog and a South Korean-made soccer-playing drone as its own creations at the recently held India AI Impact Summit 2026, a global event in New Delhi. Earlier, a UGC-listed journal had published a paper from the university titled “Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis,” which became the subject of widespread ridicule. Following the robotic dog controversy coming to light, the university has withdrawn the paper. These incidents are symptoms of deeper problems afflicting the Indian education system in general. Galgotias merely bit off more than it could chew.

The 'glass cliff' at Galgotias: How a university’s AI crisis became a gendered blame game

By Mohd. Ziyaullah Khan*  “She was not aware of the technical origins of the product and in her enthusiasm of being on camera, gave factually incorrect information.” These were the words used in the official press release by Galgotias University following the controversy at the AI Impact Summit in Delhi. The statement came across as defensive, petty, and deeply insensitive.

Farewell to Saleem Samad: A life devoted to fearless journalism

By Nava Thakuria*  Heartbreaking news arrived from Dhaka as the vibrant city lost one of its most active and committed citizens with the passing of journalist, author and progressive Bangladeshi national Saleem Samad. A gentleman who always had issues to discuss with anyone, anywhere and at any time, he passed away on 22 February 2026 while undergoing cancer treatment at Dhaka Medical College Hospital. He was 74. 

From ancient wisdom to modern nationhood: The Indian story

By Syed Osman Sher  South of the Himalayas lies a triangular stretch of land, spreading about 2,000 miles in each direction—a world of rare magic. It has fired the imagination of wanderers, settlers, raiders, traders, conquerors, and colonizers. They entered this country bringing with them new ethnicities, cultures, customs, religions, and languages.

Conversion laws and national identity: A Jesuit response response to the Hindutva narrative

By Rajiv Shah  A recent book, " Luminous Footprints: The Christian Impact on India ", authored by two Jesuit scholars, Dr. Lancy Lobo and Dr. Denzil Fernandes , seeks to counter the current dominant narrative on Indian Christians , which equates evangelisation with conversion, and education, health and the social services provided by Christians as meant to lure -- even force -- vulnerable sections into Christianity.

Sergei Vasilyevich Gerasimov, the artist who survived Stalin's cultural purges

By Harsh Thakor*  Sergei Vasilyevich Gerasimov (September 14, 1885 – April 20, 1964) was a Soviet artist, professor, academician, and teacher. His work was posthumously awarded the Lenin Prize, the highest artistic honour of the USSR. His paintings traced the development of socialist realism in the visual arts while retaining qualities drawn from impressionism. Gerasimov reconciled a lyrical approach to nature with the demands of Soviet socialist ideology.

Thali, COVID and academic credibility: All about the 2020 'pseudoscientific' Galgotias paper

By Jag Jivan*    The first page image of the paper "Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis" published in the Journal of Molecular Pharmaceuticals and Regulatory Affairs , Vol. 2, Issue 2 (2020), has gone viral on social media in the wake of the controversy surrounding a Chinese robot presented by the Galgotias University as its original product at the just-concluded AI summit in Delhi . The resurfacing of the 2020 publication, authored by  Dharmendra Kumar , Galgotias University, has reignited debate over academic standards and scientific credibility.

Development at what cost? The budget's blind spot for the environment

By Raj Kumar Sinha*  The historical ills in the relationship between capital and the environment have now manifested in areas commonly referred to as the "environmental crisis." This includes global warming, the destruction of the ozone layer, the devastation of tropical forests, mass mortality of fish, species extinction, loss of biodiversity, poison seeping into the atmosphere and food, desertification, shrinking water supplies, lack of clean water, and radioactive pollution. 

Public money, private profits: Crop insurance scheme as goldmine for corporates

By Vikas Meshram   The farmer in India is not merely a food provider; he is the soul of the nation. For centuries, enduring natural calamities and bearing debt generation after generation while remaining loyal to the soil, this community now finds itself trapped in a different kind of crisis. In February 2016, the Modi government launched the Pradhan Mantri Fasal Bima Yojana (PMFBY) with the stated objective of freeing farmers from the shackles of debt. It was an ambitious attempt to provide a strong safety net to cultivators repeatedly devastated by excessive rainfall, drought, and hailstorms.