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Human Rights Political Persecution South & Central Asia

Political Dissenters Targeted in India Under Government Crackdowns

Political Dissenters Targeted in India Under Government Crackdowns

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India's political dissenters face an increasingly hostile environment under a government that has expanded security laws, weaponised tax and investigative agencies, and enabled harassment of journalists and civil society. Since 2014, human rights defenders, academics, lawyers, and opposition politicians have faced arrest under broadly worded legislation. The pattern has intensified since 2019, drawing repeated criticism from the United Nations, Amnesty International, and Human Rights Watch.[1]

800+
UAPA cases filed in 2022 alone
159/180
RSF Press Freedom ranking 2023
5 years
Pre-trial detention possible under UAPA without bail
Partly Free
Freedom House status (downgraded 2021)

The Crackdown on Civil Society and Political Opposition

India's government has deployed a range of legal tools to silence dissent. The Unlawful Activities (Prevention) Act (UAPA), amended in 2019, allows the state to designate individuals — not just organisations — as terrorists. This enables prolonged pre-trial detention without bail. Bail under UAPA is extremely difficult to secure, as courts must be satisfied that the charges are prima facie untrue — a reversal of the normal presumption of innocence.[2]

The Bhima Koregaon case — in which 16 academics, lawyers, and activists were arrested between 2018 and 2020 — illustrates this pattern. All were charged under UAPA with alleged links to Maoist groups. Several remained in custody for years without trial. Father Stan Swamy, an 83-year-old Jesuit priest and tribal rights activist, died in custody in July 2021 while awaiting bail.

The Foreign Contribution (Regulation) Act (FCRA), most recently amended in 2020, has been used to cancel the licences of thousands of civil society organisations, including Amnesty International India and several human rights NGOs. Without FCRA registration, organisations cannot receive foreign funding, effectively shutting down many advocacy groups.[3]

Journalists and Press Freedom Under Threat

India ranked 159th out of 180 countries in the 2023 Reporters Without Borders (RSF) Press Freedom Index — lower than Afghanistan and Myanmar in some categories. Journalists covering Kashmir, communal violence, or government corruption face sedition charges, UAPA cases, and physical attacks.[4]

India is one of the world's most dangerous countries for journalists. The authorities use legal harassment to silence independent reporting, especially on sensitive political topics.
Reporters Without Borders, World Press Freedom Index 2023

The BBC's offices in Delhi and Mumbai were raided by income tax authorities in February 2023, following the broadcast of a documentary critical of Prime Minister Modi. Kashmiri journalist Fahad Shah was held for over a year under the Public Safety Act. Meanwhile, government-friendly media outlets receive preferential access and advertising revenue through official channels.

India RSF Press Freedom Ranking (Lower = Worse)
2014
140/180
140/180
2018
138/180
138/180
2022
150/180
150/180
2023
159/180
159/180
Figure 1: India's RSF Press Freedom ranking 2014–2023. Source: Reporters Without Borders.

Kashmir: Extended Emergency Measures

The revocation of Jammu and Kashmir's special status under Article 370 in August 2019 was accompanied by a sweeping security lockdown. Internet was suspended for over 550 days — the longest internet shutdown in any democracy.[5] Thousands were detained, including former chief ministers, under the Public Safety Act. Political activity remains severely restricted, and the region was converted from a state to a Union Territory, removing democratic self-governance.

Human rights organisations document ongoing extra-judicial killings, torture in detention, and disappearances in Kashmir. The Armed Forces (Special Powers) Act (AFSPA) grants security forces immunity from prosecution, operating as a near-blanket shield against accountability. Consequently, impunity for abuses is structural rather than incidental.

Law Key Power Rights Impact
UAPA 1967 (amended 2019) Individual terrorist designation; 180-day detention Silences activists, academics, journalists
FCRA 2010 (amended 2020) Cancels NGO foreign funding licences Closes civil society organisations
Public Safety Act (J&K) 2-year detention without trial Used against political opponents in Kashmir
AFSPA 1958 Security forces immunity from prosecution Structural impunity in conflict zones
Table 1: Key laws used against political dissenters in India. Sources: Amnesty International, HRW, OHCHR.

Implications for Asylum and Protection Claims

Individuals fleeing India on grounds of political opinion or association with perceived opposition face substantial challenges, but well-founded claims are recognised by courts in the UK and other jurisdictions. Claims from Kashmiri activists, journalists, Sikh separatists, and individuals designated under UAPA require detailed assessment of the individual's profile and the specific charges they face.[6]

Internal relocation to another Indian state is sometimes suggested by decision-makers. However, federal investigative agencies — including the National Investigation Agency (NIA) — operate nationwide. For individuals targeted by central government, relocation within India may not provide effective protection. Expert witness evidence is essential in these cases. Consult our India expert witness directory and India country reports for case support.

The India asylum guide provides further detail on country guidance cases and the UK Home Office's country policy notes on political dissent and security situations in India.

Conclusion

India's crackdown on political dissent is systematic, legally enabled, and internationally documented. The UAPA, FCRA, sedition laws, and emergency measures in Kashmir together create a landscape where political opposition carries serious legal risk. Journalists face de facto censorship through legal harassment and violence.

Asylum practitioners must look beyond India's formal democratic structures and engage with this documented reality. Superficial assessments that treat India as a full democracy with effective state protection miss the well-evidenced patterns of targeted persecution that underpin many protection claims.


Footnotes

  1. Human Rights Watch, 'World Report 2024 — India' (HRW, 2024).
  2. Amnesty International, 'India: UAPA — A Law that Destroys Lives' (Amnesty International, 2019).
  3. Amnesty International, 'Amnesty International India Forced to Halt Work' (Amnesty International, September 2020).
  4. Reporters Without Borders, 'World Press Freedom Index 2023 — India' (RSF, 2023).
  5. Article 19, 'India: Kashmir Internet Shutdown — Longest in Any Democracy' (Article 19, 2021).
  6. UK Home Office, 'Country Policy and Information Note — India: Sikh Activists and Separatism' (UKHO, 2023).
  7. International Commission of Jurists, 'India: UAPA and the Erosion of Fair Trial Rights' (ICJ, 2021).
  8. Freedom House, 'Freedom in the World 2024 — India' (Freedom House, 2024).

Sources

  1. Human Rights Watch, India Reports 2023–2024, 2024.
  2. Amnesty International, India Country Reports, 2024.
  3. Reporters Without Borders, India — Press Freedom Index, 2023.
  4. Freedom House, Freedom in the World 2024 — India, 2024.
  5. OHCHR, India Human Rights Situation, 2023–2024.
  6. Article 19, Kashmir Internet Shutdown Analysis, 2021.

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