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PUCL condemns handcuffed deportation of Indians from the USA and demands government action

By A Representative 
The People’s Union for Civil Liberties (PUCL) has strongly condemned the actions of the U.S. government for subjecting Indian deportees to inhumane and degrading treatment by handcuffing and shackling them while transporting them back to India, violating international human rights standards. PUCL also criticized the Indian government for its failure to demand that the U.S. government cease the use of handcuffs and shackles and comply with international human rights norms, including the Convention Against Torture (CAT), the International Covenant on Civil and Political Rights (ICCPR), the Universal Declaration of Human Rights (UDHR), and rulings by the Supreme Court of India.
On February 16, 2025, a total of 112 Indians were deported on a U.S. C-17 military aircraft, which landed at Amritsar’s Sri Guru Ramdas Ji International Airport. This was the third mass deportation within weeks, following the February 15 deportation of 117 people and the February 5 deportation of 104 individuals, all subjected to similar treatment. Reports indicate that the deportees’ hands and feet were restrained, cuffed, and chained for the entire duration of their 40 to 60-hour air travel.
India’s External Affairs Minister, S. Jaishankar, responded to public outcry by stating that the use of restraints was “not a new one” in U.S. Immigration and Customs Enforcement (ICE) deportation procedures and referred to a 2012 protocol between the two nations, the details of which remain undisclosed. PUCL expressed shock at both the Indian and U.S. governments’ blatant disregard for the detainees’ fundamental human right to dignity and humane treatment under international law and the Indian Constitution. PUCL also condemned the Indian government’s inaction and failure to stand up for its citizens, highlighting that Prime Minister Narendra Modi met U.S. President Donald Trump in Washington after the first deportation on February 5 but failed to raise concerns over the treatment of Indian deportees.
PUCL emphasized that the deported individuals were not accused of terrorism or serious crimes, and even if security concerns existed, international and domestic human rights law should have been followed. The use of shackles, chains, and prolonged handcuffing of Indian deportees amounted to cruel, inhumane, and degrading treatment. This practice violates Article 5 of the UDHR and Article 7 of the ICCPR, both of which prohibit torture or cruel, inhuman, or degrading treatment. The prolonged physical restraint of deportees, including women and children, inflicted physical and psychological suffering, making it a violation of basic human rights.
The United Nations Convention Against Torture (UNCAT), to which the U.S. is a signatory, defines torture as any act that intentionally inflicts severe pain or suffering on a person. The actions of U.S. ICE agents, who placed deportees in handcuffs, chains, and foot restraints for extended periods, constitute an attempt to punish individuals for attempting to enter the U.S. without documentation. The humiliation and indignity suffered by Indian deportees further reflect discriminatory treatment. UNCAT requires law enforcement officials to be educated on the prohibition of torture, yet ICE’s own policies fail to adhere to these obligations. The United States has deliberately ignored international human rights standards, and PUCL called on the UN’s Committee Against Torture to investigate the matter and hold the U.S. accountable.
Despite India being a signatory to UNCAT, it has not ratified the convention, leaving its citizens vulnerable to mistreatment abroad. The Indian government should file a complaint before the UN Human Rights Committee under Article 41 of the ICCPR, demanding accountability for the violation of its citizens’ rights. PUCL criticized the Indian government’s failure to act and compared its response to other nations such as Mexico, Colombia, and Brazil, which have demanded dignified treatment of deportees and, in some cases, refused to accept further deportation flights from the U.S.
India’s justification of inhumane deportation practices on the basis of an undisclosed 2012 protocol raises serious concerns about its commitment to protecting its citizens abroad. The Supreme Court of India has ruled against arbitrary handcuffing in landmark cases such as DK Basu v. State of West Bengal (1997) and Prem Shankar Shukla v. Delhi Administration (1980), holding that handcuffing is inherently inhumane, unreasonable, and unconstitutional under Article 21 of the Indian Constitution. Despite these rulings, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, introduced by the Indian government to replace the CrPC, allows police officers to use handcuffs during arrests, contradicting the Supreme Court’s directives. PUCL argued that the Indian government’s passive stance on the handcuffing of deportees reflects its broader approach of undermining fundamental rights.
PUCL urged the Indian government to file a formal complaint with the UN Human Rights Committee, disclose and revise the 2012 protocol with the U.S., repeal Section 43(3) of the BNSS 2023, and compensate the deportees for their physical and psychological suffering. Additionally, the government must ensure that future deportations respect human rights and press the U.S. to reform its deportation procedures. PUCL also demanded that the U.S. compensate the affected migrants for the trauma they endured.
The PUCL reaffirmed that the forced handcuffing and restraints used in the deportations not only violate international legal standards, including the UDHR, UNCAT, and ICCPR, but also breach Indian constitutional protections against arbitrary handcuffing. It called on both the U.S. and Indian governments to take immediate corrective action to ensure justice and prevent future violations of human rights.

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