It was also concerned about information about multiple security breaches and vulnerabilities relating to the information stored in the Aadhaar identification database; the de facto requirement for the mandatory use of Aadhaar; and the increasing use of facial recognition technology for surveillance, and access to public benefits and voting rights; as well as by the lack of adequate privacy safeguards in content and data regulation legislation, and in the context of search and seizures.

The UNHRC stated that India should ensure that legislation regarding surveillance, content and data regulation, as well as related activities, and any other interference with privacy, such as search and seizure activities, is in full compliance with article 17 of the ICCPR and with the principles of legality, proportionality and necessity.

The UNHRC was concerned about the high levels of violence against religious minorities, such as the incidents in Manipur since May 2023 and the riots in Gujarat in 2002, and the resulting lack of accountability for human rights violations, including extrajudicial killings.

The UNHRC was also concerned about other violent incidents, such as the demolitions of places of worship and homes of religious minorities— most Muslim— following the riots during the Ram Navami processions in 2022, and the reports of violence and lynching by ‘cow vigilantes’ against Muslims and Christians.

The UNHRC was also concerned about the application of national security and counter-terrorism laws to target religious minorities and about reports of public officials engaging in hate speech and inciting public violence against religious minorities.

The UNHRC stated that in accordance with Article 18 of the ICCPR and General Comment 22 on the right to freedom of thought, conscience and religion of 1993, India should ensure respect for freedom of thought, conscience and religion for all and prevent combat and address all forms of discrimination and violence against religious minorities.

The UNHRC was concerned about provisions that require individuals to notify authorities of their intention to convert; contain vague wording that gives officials broad power to decide on religious conversions; impose enhanced punishments for conversion by minority groups; consider interfaith marriages as presumptively unlawful; or shift the burden of proof to the accused to show that a conversion was not coerced.

The UNHRC was concerned about information received about India’s use of the Pegasus spyware to target mobile phones of journalists, activists and government officials from mid-2017 to 2023.

The UNHRC was also concerned about vigilante attacks against religious minorities. The UNHRC was concerned about ‘ghar wapsi’ (homecoming) ceremonies, where religious minorities are allegedly coerced to convert to Hinduism; according to reports received, over the past decade, thousands of Christians and Muslims have been converted to Hinduism during these ceremonies.

The UNHRC stated that India should guarantee, in law and practice, the effective exercise of freedom of religion and belief and refrain from imposing any restrictions on those rights beyond the narrow limitations permitted under Article 18(3) of the ICCPR.

The UNHRC was concerned about the arbitrary restrictions in law and practice to freedom of expression online and offline in India, including the broad and frequent use of internet shutdowns, such as the complete ban on mobile internet facilities for months in Jammu and Kashmir in 2016 and for 18 months in 2019, the blockage of online content on vaguely defined grounds and without court authorisation, and the banning of books and films.

While the UNHRC commended the abolition of the offence of sedition in the former penal code, it remains concerned that Section 152 of the new penal code, Bharatiya Nyaya Sanhita, 2023 criminalises forms of expression that endanger the sovereignty, unity and integrity of the State party.

The UNHRC was also concerned about the misuse of vague and broadly formulated provisions of legislation, such as on counter-terrorism, which according to information received is misused for the arbitrary arrest and prosecution of minority groups, journalists and other individuals expressing minority or dissenting views and exercising their right to peaceful assembly.

The UNHRC stated that India should take all measures necessary to guarantee the full enjoyment of freedom of expression by everyone, in accordance with Article 19 of the ICCPR and the UNHRC’s General Comment 34 (2011), and that any restrictions comply with the strict requirements of Article 19 (3) of the ICCPR.

The UNHRC was concerned about the killing of 59 journalists since 2006, as well as allegations that human rights defenders have been barred from travelling outside India and engaging with United Nations bodies, such as in the case of Khurram Parvez, a Kashmiri human rights defender who was prevented from travelling to Geneva to attend the Human Rights Council and has been arbitrarily detained since 2021.

The UNHRC was concerned about information regarding the transnational repression of political opponents and human rights defenders. The UNHRC was also concerned about the frequent disruption of demonstrations and cases of excessive use of force, such as in the protests in Tamil Nadu in 2018 that resulted in 13 deaths; and the use of pellet-firing shotguns for crowd control purposes resulting in numerous persons injured, in particular in Kashmir since 2010.

The UNHRC was concerned about the possibility of the arbitrary application of certain provisions of the new criminal legislation, such as those on public order related to peaceful assemblies.

The UNHRC was also concerned about other violent incidents, such as the demolitions of places of worship and homes of religious minorities.

The UNHRC wants India to take measures to guarantee that everyone can exercise the right to freedom of expression, as well as the right of peaceful assembly in accordance with Article 21 of the covenant and the committee’s General Comment 37 (2020) on the right of peaceful assembly. (The Leaflet — IPA Service)