Silencing Dissent: India’s Misuse of Anti-Terror Laws

In recent years, Amnesty International has raised alarming concerns over India’s misuse of anti-terror laws to target and suppress civil society, particularly under the Bharatiya Janata Party (BJP) government. A recent report issued on June 24, 2024, highlights how these laws are being wielded under the guise of national security to suppress civil society, silence dissent, and curtail fundamental freedoms.

As the sixth Financial Action Task Force (FATF) Plenary approaches, with its member states, set to review India’s Mutual Evaluation Report (MER), Amnesty’s report serves as an urgent call to consider these civil society concerns and remind the Indian government of its commitment to adhere to FATF’s recommendations without misusing its standards.

The BJP’s draconian application of the Unlawful Activities (Prevention) Act (UAPA) and similar legislation has enabled the Indian Government to label activists, journalists, and non-governmental organizations as terrorists or sympathizers, often without substantial evidence, exemplifies this misuse. This trend not only subverts the principles of justice and democracy but also erodes the trust between the state and its citizens, casting a dark shadow over India’s already tarnished human rights record.

Under Prime Minister Narendra Modi, India’s approach to counter-terrorism has increasingly mirrored the tactics of authoritarian regimes, undermined the rule of law and suppressed civil liberties to silence its most vocal critics and dissenters.

Historical Context, Amendments to the UAPA, and Misuse of Anti-Terror Laws

The Unlawful Activities (Prevention) Act (UAPA) was enacted in 1967 to deal with unlawful activities and associations in India. Its primary intent was to address terrorism and other activities that threatened India’s sovereignty and integrity. However, under the BJP government, significant amendments have expanded the scope of the law, making it easier to label individuals as terrorists and detain them without trial. These amendments have introduced broader definitions of terrorist activities and allowed for the arrest and detention of individuals based on mere suspicion.

Historically, counter-terrorism laws in India have been strict, but the BJP’s recent modifications have taken them to unprecedented severity. This has created a climate where dissent is easily conflated with terrorism, undermining the foundational principles of democracy.

Notable Cases of India’s Misuse of Anti-Terror Laws

Amnesty International has documented numerous instances where the UAPA has been misused to target civil society members, journalists, and activists. Specifically, these individuals have often been detained without substantial evidence, simply for voicing dissent or criticizing government policies. For example, the cases of writer Arundhati Roy and Kashmiri academic Sheikh Showkat Hussain, prosecuted under the UAPA for a 2010 speech, highlight the broader pattern of arbitrary targeting of government critics using draconian laws. Moreover, these prosecutions exemplify the government’s strategy to intimidate and silence its critics, leveraging the UAPA to stifle any opposition.

Amnesty International’s Alarming Findings

Amnesty’s reports, supported by Front Line Defenders, emphasize the lack of transparency and accountability in these arrests, raising serious questions about the rule of law in India. Consequently, the arbitrary application of the UAPA has turned it into a weapon against free speech and a means to curb any form of dissent against the ruling establishment.

Moreover, the BJP government’s use of counter-terrorism laws appears to be motivated by a desire to silence its critics and suppress political opposition. By labeling dissenters as terrorists, the government not only discredits them but also instills fear among others who might speak out. This tactic creates a chilling effect on free speech and democratic discourse.

The Role of Media and Public Perception

In addition, the media, often controlled or influenced by the government, plays a crucial role in perpetuating this narrative, further isolating and vilifying those who dare to dissent. The weaponization of the UAPA to target human rights defenders and stifle critical voices has exponentially increased over the past decade, highlighting the BJP’s strategy of repression. As a result, this approach has led to a significant reduction in the space available for civil society to operate, making it difficult for NGOs and activists to function without fear of reprisal.

The misuse of counter-terrorism laws has severe implications for individual rights and freedoms. Unlawful detentions, denial of bail, and prolonged trials are common, leading to significant human rights violations.

India’s Misuse of Anti-Terror Laws and Human Rights Violations

These practices violate international human rights standards, including those that India is obligated to uphold. The government’s actions undermine the legal process and contribute to a culture of fear and repression. Amnesty International and Front-Line Defenders have submitted reports to the Financial Action Task Force (FATF) Secretariat, highlighting the misuse of counter-terrorism laws by Indian authorities to target civil society. Ahead of the FATF plenary, these organizations have urged the Indian government to comply with the FATF’s recommendations without misusing its standards. This includes ensuring that due process and procedural rights of individuals are followed and protected and that the application of counter-terrorism laws does not infringe on basic human rights.

The BJP’s approach to counter-terrorism laws undermines the integrity of democratic institutions in India. The judiciary and law enforcement agencies are increasingly seen as tools of the government, rather than independent bodies upholding justice. This erosion of trust has long-term consequences for Indian democracy, as it weakens the checks and balances essential for a healthy democratic society. NGOs and civil society organizations, vital for holding the government accountable, are particularly affected, facing harassment and intimidation that hinder their operations. The instrumentalization of the judiciary and law enforcement to serve political ends damages the very fabric of democracy, leading to a situation where the rule of law is replaced by the rule of power. This systematic dismantling of democratic institutions is a cause for concern, as it threatens the foundational principles of accountability and transparency.

Global Reactions and Implications

The international community has reacted with concern to India’s misuse of counter-terrorism laws. Human rights organizations, foreign governments, and international media have criticized the BJP government for its authoritarian tactics. This negative attention impacts India’s global image and diplomatic relations, potentially leading to economic and political repercussions. The FATF and its member countries have been urged to remind India of its commitment to comply with FATF recommendations while preventing the misuse of its standards, ensuring due process, and protecting procedural rights.

Also See: A Decade of Modi: India’s Democratic and Diplomatic Conundrum

Impact on India’s Global Image

The international community’s scrutiny places pressure on India to align its counter-terrorism measures with global human rights standards, highlighting the importance of maintaining a balance between security and civil liberties.

The BJP’s misuse of counter-terrorism laws to target civil society is a grave threat to democracy, human rights, and the rule of law in India. Amnesty International’s concerns highlight the urgent need for India to uphold its democratic values and protect civil liberties. Both domestic and international communities must hold the BJP government accountable for its actions to ensure justice and safeguard the future of Indian democracy. The arbitrary targeting of government critics and the erosion of democratic institutions must be addressed to restore faith in India’s democratic processes and institutions. It is crucial for India to recommit to the principles of justice and human rights to prevent further damage to its democratic fabric.

As India stands at a crossroads, it must choose the path of justice and democracy over repression and authoritarianism. Protecting civil liberties and ensuring the rule of law are not only moral imperatives but also essential for the nation’s progress and global standing. The world is watching, and it is time for India to reaffirm its commitment to the principles that define a true democracy. Ultimately, the government must cease the arbitrary targeting of its critics and comply with international standards to restore faith in its democratic institutions and processes. Upholding human rights and ensuring justice are fundamental to building a just and equitable society, where the voices of all citizens are heard and respected.

The views expressed in this article are the author’s own. They do not necessarily reflect the editorial policy of the South Asia Times.

Haris Bilal Malik

Haris Bilal Malik is an Islamabad-based independent researcher and policy analyst specializing in contemporary South Asian issues. Formerly a researcher at the Centre for Aerospace & Security Studies (CASS) in Islamabad, he holds an M.Phil in International Relations from the National Defence University (NDU), Islamabad. His expertise lies in regional and international security, particularly nuclear security. He has also worked with the Strategic Vision Institute (SVI), Muslim Youth University (MYU), and the South Asian Strategic Stability Institute (SASSI).

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