Hindus for Human Rights Calls on Indian Government to Stop Misusing Anti-Terror Laws Against Human Rights Defenders
Washington, D.C. (November 7, 2023) — Hindus for Human Rights (HfHR), an organization dedicated to advocating for human rights from a Hindu perspective, urges the Indian government to immediately halt the intimidation, prosecution, and harassment of human rights defenders, activists, and non-profit organizations in the country. This appeal is made in light of the Financial Action Task Force’s (FATF) evaluation of India’s measures against money laundering and terrorist financing, set to commence on November 6, 2023.
The Indian government has been accused of misusing the FATF’s recommendations to justify their crackdown on civil society. Statutes including the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), and the Prevention of Money Laundering Act (PMLA) have been weaponized to suppress the rights to freedom of speech, association, and peaceful assembly.
"The very laws designed to protect society are being turned into weapons against those who advocate for the most vulnerable. The weaponization of legal frameworks like the FCRA and the UAPA to silence dissent not only undermines democracy but also endangers the very fabric of our civil liberties." - Sunita Viswanath, Executive Director of HfHR.
"The FATF's guidelines are designed to combat illicit financing, but around the world, we've seen these recommendations applied to squeeze civil society. In India, we see a troubling pattern where these standards are misused to curtail the vital work of nonprofits, which is an abuse of both the spirit and letter of the FATF's intentions." - Ria Chakrabarty, Policy Director of HfHR.
The FATF standards specifically target non-profit organizations only after a detailed “risk-based” analysis. However, since 2014, the Indian government has seemingly deviated from these standards, using broad legal provisions to suppress dissent and the crucial activities of non-profit organizations. The Indian government has restricted more than 20,600 non-profit organizations from accessing foreign funds, and revoked the FCRA licenses of numerous research and advocacy groups..
The UAPA has been increasingly employed to arrest and detain human rights activists under the guise of counterterrorism. This draconian law allows authorities to detain arrestees for 7 years without bail or a trial. Despite a conviction rate of under 3% under the UAPA, the government has arrested more than 10,000 dissidents for lengthy periods, employing the legal system as a tool for persecution.
“The UAPA is being misapplied to the detriment of Indian democracy, turning peaceful activism into a perilous endeavor. When human rights defenders are treated as threats to national security, civil society cannot function, and democracy is the poorer for it.” - Sunita Viswanath, Executive Director of HfHR.
Similarly, the PMLA has been leveraged to target activists and non-profits by adding charges under the FCRA, seizing assets, and imposing harsh bail conditions, thereby crippling their ability to operate and seek justice.
"With the PMLA's rigorous regulations being imposed on legitimate non-profit activities, the Indian government's actions raise serious concerns. It's imperative for the FATF to scrutinize these practices and reaffirm that its guidelines should not facilitate the suppression of civil society." - Ria Chakrabarty, Policy Director of HfHR.
HfHR stands firm in its conviction that the fight against terrorism should not be used as a pretext to undermine human rights and stifle civil society. The organization calls upon the FATF to ensure that its guidelines are not misappropriated by member countries to suppress legitimate activities of non-profit organizations and human rights defenders.
