Washington, D.C. (October 30, 2023) – The American Bar Association Center for Human Rights has, in a recently released report, examined the misuse of counter-terrorism financing legislation by India’s ruling Hindutva supremacist government, headed by Prime Minister Narendra Modi. This misuse has primarily targeted non-profit organisations (NPOs) and human rights defenders. 

Titled “The Adverse Impact of Counter Terrorism Laws on Human Rights Defenders and FATF Compliance in India,” the report finds that India is contravening the Financial Action Task Force’s (FATF) basic requirements and guidelines by targeting the human rights defenders and civil society actors. 

“India, upon its membership to the FATF in 2010, embarked on a series of amendments to its anti-terrorism and money laundering legislation, ostensibly aimed at aligning itself with FATF requirements. However, this process has led to sweeping adverse consequences for non-profit organisations (NPOs) and human rights defenders who have been subject to prosecution, often for the sole reason of exercising their civic freedoms and expressing criticism of the government,” the report notes. 

The report examines three draconian anti-terrorism laws: the Unlawful Activities Prevention Act 1967 (UAPA), the Prevention of Money Laundering Act (PMLA), and the Foreign Contribution (Regulation) Act (FCRA). 

Furthermore, it inquiries into specific cases involving NPOs and human rights defenders in India, including the bogus case against journalist Siddique Kappan, the application of terror funding charges against protestors of the citizenship bill, the arrest of Kashmiri political leader Waheed-ur-Rehman Parra, the Bhima Koregaon case, and the suppression of democratic rights activists in Telangana. 

The report reveals that Indian investigating authorities often employ vague accusations and inconsistent evidence in their attempts to penalise human rights defenders and NPOs critical of India’s government. Moreover, it notes that anti-terror laws have expanded over time, becoming increasingly ambiguous and frequently undermining fundamental procedural protections for defendants. 

The report has recommended the Indian government amend the UAPA, PMLA, and FCRA laws to prevent its abuse. It also advises that during investigations or prosecutions involving individuals engaged in legal, journalistic, or activist activities, authorities should prioritize objective risk assessments to ensure compliance with FATF recommendations.

Read and download the full report here

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Below here is the email sent by Dr Puniyani to the Commissioner of Mumbai urging an appointment with other activists to impress upon him the seriousness of the matter.

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Dear Sir

I got a threatening calls on my landline no. (details below). The person abused me saying I am writing/speaking against Hindus. It was a threat to stop my activities. 
Some concerned citizens and I will like to call upon you in this matter.
Sincerely

Ram Puniyani
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On June 6, unidentified men made two calls to Punyani’s home. Accusing Punyani of being anti-Hindu, the caller(s) demanded he stop his ‘activities’ or suffer dire consequences. Here is the text of the compliant submitted to the Powai police station on June 7, 2019

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To

In-charge
Powai Police Station
Subject:
Threatening Phone call to me

Madam/Sir
I wish to lodge a complaint about the threatening phone call I received yesterday (06 06 2019) at around 8.30 PM on my landline (XXXXXXXX). The caller did not identify himself. He started abusing me in a filthy language and then stated that I should stop my activities and leave, else… He said we give you the time of 15 days. (This call number could not be exactly traced, likely it was from 9690637733). Five minutes later there was a call from 8810682624. This time in a very aggressive tone the caller asked, is Doctor there. I said no. He cut off the phone.
On 09 03 2019, three unidentified visitors had come over on the pretext of inquiry for my passport application. Since I told them that I had not applied for any passport, they made some general inquiries about our family and my past affiliation with IIT Mumbai and then they left. I had made this complaint to you and also had marked a copy of this to the Commissioner of Police, Mumbai. (Copy attached)

Please register this complaint and take suitable action.

Sincerely
Ram Puniyani
(Former Professor, IIT Mumbai)

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Following the incident in March, when ‘plainclothes’ policemen went to Punyani’s home on the false pretext of conducting ‘passport related’ enquiries, several prominent members of civil society had written to the police commissioner asking him to take congisance of the clear and present danger to professor Punyani’s life. A copy of that letter may be read here:

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Though they were unhurt, this incident highlights the level of intolerance right wing groups harbour against human rights activists and the depths to which these supremacists would sink in order to further their divisive agenda.

The post Activists singing Vande Matram called ‘anti-national’, attacked in Bihar! appeared first on SabrangIndia.

The 2-day Citizen’s Convention on Press, People & State concluded  yesterday, june 26 with the finalisation of the ‘Draft Law’ for the Protection of Journalists & Human Rights Defenders, incorporating almost all the amendments suggested during the first day of the Convention by the participants ranging from lawyers, former judges, journalists, writers, leaders of various political parties and trade unions, social movements, people’s organisations, NGOs and Social Action Groups.
 
The Draft Law was finally released for public debate, providing space for receiving comments and suggestions from various concerned groups and individuals, before submitting it to the State government of Chhattisgarh through its Chief Minister as also to the Speaker of the State Assembly (Vidhan Sabha). The Draft Law would also be submitted to the Governor of Chhattisgarh, and the leader of the Opposition in Vidhan Sabha. Efforts are under way to introduce it in the forthcoming Monsoon Session of Vidhan Sabha on July 11, 2016.
 
The final draft was presented by advocate Sudha Bhardwaj, General Secretary, PUCL, Chhattisgarh, who has played a significant role in its drafting along with advocate Shalini Gere. A concerted campaign would now be carried out throughout the state by participating organisation to build a firm public opinion in its favour.
 
Remembering Emergency Rule in India ( 1975-77), the Chhattisgarh PUCL celebrated the hard earned Freedom of Press by Felicitating several journalists at this occasion with the "Nirbheek Patrakarita Samman " (Honour for Fearless Journalism) underlining their courage and commitment to free and fearless reporting in a rather hostile environment created by various repressive measures of the BJP Government in Chhattisgarh.
 
Those who were felicitated are:
Rajkumar Soni (Raipur), Uttam Kumar (Durg), Nitin Sinha (Raigarh), Devsharan Tiwari (Bastar), Pushpa Usendi Bakda (Beejapur), Malini Subramaniam (Jagdalpur), Dinesh Soni (Raipur), Sovjeet Bagchi (Kolkota), Anil Mishra (Raipur), Prabhat Singh (Bastar), Linga Ram Kodopi (Dantewada), Alok Putul (Raipur), Kranti Rawat (Udaypur) , Tameshwar Sinha (Raipur) and Deepak Jaiswal (Bastar).
 
The reality of repression of journalists  who reported fearlessly against the un-constitutional and criminal activities of the state machinery, illegal activities by the corporate sector and communal organisations have been the focus of national debate; two of the journalists felicitated had been released on bail just a few days ago, and had joined the felicitations coming straight from prison: Prabhat Singh and Deepak Jaiswal.
 
Those who felicitated these journalist included: Sri Anand Swaroop Verma, senior journalist and Chief Editor of Samkaleen Teesri Duniya, New Delhi, Sri Anand Mishra, a well-known Socialist leader from Bilaspur, Sri Chittaranjan Bakshi, senior leader of the CPI, Sri Nand Kumar Kashyap, senior leader of CPI(M), Soni Sori of Aam Aadmi Party, Dr. Lakhan Singh, President, Chhattisgarh PUCL, Sri Arvind Netam, former cabinet minister, etc.
 
Earlier in the Session, Emergency Rule in India was remembered on its 41st Anniversary by Sri Anand Mishra, a MISA detainee, and many others drawing parallel to the present day reality of undeclared Emergency Rule in the country, being ruthlessly imposed by a criminal combine of Corporate-Fascist-Dictatorial regime, hitting at the very root of Secular-Democratic-Socialist Republic as enshrined in the Constitution of India.
 
A pledge to fight for the Freedom of the Press with vigour was taken by all present. Liberation songs and poetry against fear and repression also formed integral part of the day’s celebrations. 
 

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In a unique coming together of practising journalists and human rights defenders (HRDs), a citizens convention being conducted in Chhatisgarh today is meeting to discuss the need for a Law for the Protection of Journalists and Human Rights Defenders. A Draft Law will be discussed and formulated today. The Convention is on June 25 and June 26.
 
This Draft Law will thereafter be presented to the State Government for their consideration and legislation at the forthcoming Monsoon Session of the Vidhan Sabha in July 2016. A concerted campaign for the enactment of the said Law will be carried out in coordination with various people’s organizations, political parties, civil society organizations and intellectuals.
 
The initiative is a joint one being organised by the Chhatisgarh unit of the People’s Union for Civil Liberties (PUCL) and the Patrakaar Suraksha Kanoon Sanyukt Sangharsh Samiti.
 
The dates chosen are deliberate to coincide with the declaration of Emergency Rule in India (1975-77) as the present violation of freedom of the press and other forms of dissent not only reminds us of the Emergency days, but also poses threats and challenges to human rights defenders, including the media and intelligentsia to formulate forms of resistance to authoritarianism coupled with fascist tendencies and, in turn, defend democracy and fight for real freedom.
 
The Theme Address was given by senior Journalist andwriter, Anand Swaroop Verma, chief editor of Samkaleen Teesri Duniya, New Delhi. Apanel discussion on the theme will include ideas and action plans to be presented by Prabhakar Chaubey, senior writer and journalist from Chhattisgarh, Sanjay Parikh, senior advocate at the Supreme Court of India, and the vice-president of PUCL, and Sudha Bhardwaj, closely associated with people’s movements in Chhattisgarh, especially workers and women. This will be chaired by Anand Mishra, a renowned Socialist leader who was a MISA detainee during the Emergency Rule in India (1975-77).
 
Day One will include a Sharing by Media persons the Stories of Atrocities/Violence to be chaired by Sudhir Tamboli.Writers will share their own experiences of state repression and threats from the vested interests are: Prabhat Singh, Anil Mishra, Pushpa Rokde, Tameshwar Sinha, Aarti Vaishnav, and Dilip Menon.
 
Chhattisgarh has seen a fair amount of violence against journalists, especially those working in the conflict zones of South Bastar. Several journalists have been facing malicious prosecution and defamation cases because they reported on misdeeds of corporate or powerful bureaucrats.
 
Certain newspapers who reported against the powerful vested interested have also faced state sponsored physical violence.

See Also:
Film Makers, Writers, Cultural Personalities and Activists Demand Release of Deba Ranjan Sarangi

Journo Prabhat Singh Denied Bail Remanded to Judicial Custody: Bastar, Jagdalpur

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