Skip to main content

'These people shouldn't be in jail': UN official seeks release of 16 human rights defenders

By Jag Jivan 
A United Nations human rights official has called upon the Government of India (GoI) to “immediately release" 16 human rights defenders who have been imprisoned on charges of terrorism in the Bhima-Koregaon Case, insisting, “These people should not be in jail. They are our modern-day heroes and we should all be looking to them and supporting them and demanding their release.”  
Mary Lawlor, UN special rapporteur on the situation of human rights defenders, was speaking at the virtual launch of the report “Crushing Dissent: 2021 Status Report on Human Rights in India” at a function organised by the Indian American Muslim Council (IAMC), a US-based minority rights advocacy group. 
Along with Father Stan Swamy, the octogenarian Jesuit priest against whose “arbitrary detention”, about whom she has written to the GoI, Lawlor named each of the 16 human rights defenders – Surendra Gadling, Rona Wilson, Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves and Arun Fereria; Supreme Court lawyer Sudha Bharadwaj, Gautam Navlakha Anand Teltumbde, Varvara Rao, Hany Babu, Shoma Sen and Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap.
IAMC in a statement Bhima-Koregaon case “violence at a public meeting called three years ago by low-caste Hindus at a village known as Bhima-Koregaon in Maharashtra state. Several civil rights investigations have established that upper caste Hindus allied with India’s ruling party, Prime Minister Narendra Modi’s BJP, carried out the violence. Police have, however, targeted human rights defenders, who deny their involvement.”
Lawlor, whose three-year term as UN special rapporteur began last May, also called out the Unlawful Activities (Prevention) Act (UAPA), under which the Bhima-Koregaon accused have been charged, as among the “several prominent pieces of legislation that would appear on paper and in practice to undermine rights contained in the covenant and the work of human rights defenders.”
Amendments to the UAPA made in 2019, which granted “greater powers” to designate individuals as terrorists “despite the definition of a terrorist act not being precise or concrete,” failed to “comply with the principles of legal certainty,” Lawlor said.
“This has opened up the Act, which was already being used to target human rights defenders, to greater abuse. In 2020, it continued to be applied against human rights defenders with the extremely damaging effect of conflating the defense of human rights with terrorist activities,” Lawlor said, adding, there was “a very concerning deterioration of the environment for defending human rights” in India. 
Teesta Setalvad said, we also have a list of 23 very young and dynamic human rights defenders incarcerated in post-February 2020 anti-Muslim pogrom in Delhi
Saying that India’s human rights “situation is very serious,” Lawlor said she sent “six communications” to the Indian Government since May to “convey our concerns on human rights issues”. India had responded to just one. In June she wrote to the Indian Government raising concerns over the arrest of 11 human rights defenders for protesting the Citizenship (Amendment) Act. “However, this communication has gone unanswered.” She added: “Defending human rights is not terrorism. We need to get that message out over and over again.”
Teesta Setalvad, Fr Cedric Prakash
Speaking on the occasion, noted human rights defender Teesta Setalvad said, “Among human rights defenders who are today incarcerated, besides those mentioned by Lawlor, we have a list of almost 23 very young and dynamic human rights defenders incarcerated in post February 2020 anti-Muslim pogrom in Delhi." 
"Among the 23, almost 19 happened to be young Muslims activists, who actually came into the forefront of leadership to resist the draconian citizenship Amendment Act. These young activists were deliberately targeted by the state because of their clarity, courage and determination”, she added. 
“The lower caste untouchables have been singularly targeted for thousands of years and subjected to othering and discrimination by the dominant caste. Then, it is the Muslim community who is facing discrimination and marginalization for the last 40 years. And since the 1990s, Indian Christian community has also been subject to this kind of othering”, added Setalvad.
GoI arrested Fr Stan Swamy because he had worked for four decades for the uplift of the poor tribal people in Jharkhand state, Fr Cedric Prakash, a Jesuit priest and a human rights defender, said. Fr Swamy became an obstacle for successive governments who, “in collusion with vested interest, especially those who deplete the forests of the precious resources, like the mining mafia, the timber merchants,” wanted to wrest control of the forests from the tribal people. 
“Fr Swamy was fighting for the release of more than 3000 tribal youth, struggling for their rights, accompanying them in their legal battles, and so on”, Fr Prakash added.
Lee Rhiannon
Former Australian senator Lee Rhiannon, who also joined in at the release of the report, said, “The notion that India is a great secular democracy has become a cloak to conceal the extent of the injustice.” The foundation on which is India's judiciary, parliamentary and education systems have been “extensively eroded” as Mr. Modi’s government’s “passing discriminatory laws, neutralizing judges and cultivating a BJP controlled police force is at an advanced stage”, he added.
IAMC general secretary Mohammad Jawad said, “This exhaustive report’s coverage of all the aspects -- from the sedition laws and hate speech, to national security legislation and the criminalization of dissent, from the questions on the independence of the judiciary to the dilution of labor laws and the universal health policies -- demonstrates how the Modi government is set to undo decades of positive and progressive work in India.”
IAMC will share the report, with members of US Congress, the White House, the Department of State, the National Security Council, think-tanks, the US academia and research community and the civil rights activists and NGOs, he added.

Comments

TRENDING

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Advocacy group decries 'hyper-centralization' as States’ share of health funds plummets

By A Representative   In a major pre-budget mobilization, the Jan Swasthya Abhiyan (JSA), India’s leading public health advocacy network, has issued a sharp critique of the Union government’s health spending and demanded a doubling of the health budget for the upcoming 2026-27 fiscal year. 

Iswar Chandra Vidyasagar’s views on religion as Tagore’s saw them

By Harasankar Adhikari   Religion has become a visible subject in India’s public discourse, particularly where it intersects with political debate. Recent events, including a mass Gita chanting programme in Kolkata and other incidents involving public expressions of faith, have drawn attention to how religion features in everyday life. These developments have raised questions about the relationship between modern technological progress and traditional religious practice.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria*  Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027.  However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

Ganga-Jamuni Tehzeeb: Akbar to Shivaji -- the cross-cultural alliances that built India

​ By Ram Puniyani   ​What is Indian culture? Is it purely Hindu, or a blend of many influences? Today, Hindu right-wing advocates of Hindutva claim that Indian culture is synonymous with Hindu culture, which supposedly resisted "Muslim invaders" for centuries. This debate resurfaced recently in Kolkata at a seminar titled "The Need to Protect Hinduism from Hindutva."