India Tomorrow
NEW DELHI, JUNE 26— A group of the United Nations experts has appealed India to immediately release all those who have been arrested for protesting against amendments in the nation’s citizenship laws.
In a statement issued by the UN Office of the High Commissioner for Human Rights (OHCHR), 13 special rapporteurs said, “These defenders, many of them students, appear to have been arrested simply because they exercised their right to denounce and protest against the CAA (Citizenship Amendment Act), and their arrest seems clearly designed to send a chilling message to India’s vibrant civil society that criticism of government policies will not be tolerated”.
Safoora Zargar
“One of the most alarming cases concerns pregnant Delhi student Safoora Zargar, who was detained for over two months having allegedly been kept in conditions equating to solitary confinement, denied regular contact with her family and legal representative, and having not been provided adequate medical care or diet. She was finally granted bail on 23 June 2020, in her sixth month of pregnancy, on humanitarian grounds”, the experts in human rights, right to freedom of expression, minority rights and protection of human rights while countering terrorism said.
The CAA provides expedited and simplified access to citizenship for people from specific religious minorities from several neighbouring countries but it excludes Muslims. Its adoption in December 2019 provoked nationwide protests by Indians from diverse faiths – including Hindus – who believe it violates the secular foundations of India’s constitution.
Meeran Haider
“Many of the 11 individual cases of detention of human rights defenders include serious allegations of human rights violations, several relating to due process failings during arrest and detention, as well as allegations of torture and ill-treatment”, the statements issued by experts said..
“Authorities should immediately release all human rights defenders who are currently being held in pre-trial detention without sufficient evidence, often simply on the basis of speeches they made criticising the discriminatory nature of the CAA,” they said.
The experts also highlighted their concern that the authorities’ response to the protests seemed discriminatory. “It appears they have not similarly investigated allegations of incitement to hatred and violence made by CAA supporters, some of whom are reported to have chanted “shoot the traitors” at counter-rallies”, the experts pointed out.
The experts further flagged their concern that authorities were invoking counter-terrorism or national security legislation, and using procedural police powers, to deny bail to protesters and issue charges carrying heavy sentences.
“Although demonstrations ended in March due to the COVID-19 pandemic, and India’s Supreme Court issued a recent order to decongest jails because of health concerns related to the pandemic, protest leaders continue to be detained. The reported spread of the virus in Indian prisons makes their immediate release all the more urgent,” the experts said.
Among the students who struggled against CAA and were include Meeran Haider, Gulfisha Fatima, Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, Natasha Narwal, Khalid Saifi, Shifa Ur Rehman, Dr. Kafeel Khan, Sharjeel Imam, Akhil Gogoi.
The UN experts who have issued the statement are : Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Ms. Leigh Toomey (Chair-Rapporteur), Ms. Elina Steinerte (Vice-Chair), Mr. José Guevara Bermúdez, Mr. Seong-Phil Hong, Mr. Sètondji Adjovi (Working Group on Arbitrary Detention); Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Mr. Clément Nyaletsossi Voule, Special Rapporteur on the rights to peaceful assembly and of association; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Ms. E. Tendayi Achiume, Special Rapporteur on Contemporary Forms of Racism; Mr.Ahmed Shaheed. The Special Rapporteur on freedom of religion or belief; Ms. Fionnuala D. Ní Aoláin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mr. Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
