It noted that though India has a comprehensive and progressive legal framework which guarantees human rights and fundamental freedom as enshrined in the Constitution, the arbitrary application of security laws at the national and state levels directly affected the work of human rights defenders.

The UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya said – “While I acknowledge the security challenges faced by the country, I am deeply concerned about the arbitrary application of security laws at the national and state levels (in Jammu and Kashmir and in the North-East of India), most notably the Public Safety Act and the Armed Forces Special Powers Act, the Jammu and Kashmir Public Safety Act and the Unlawful Activities Prevention Act, which direly affects the work of human rights defenders.”

Sekaggya released her preliminary report at the conclusion of her assessment mission to India on January 21. She had extensive meetings with government officials and human rights defenders in Jammu and Kashmir, Assam, Gujarat, Orissa , West Bengal and Delhi. She is expected to present her final report to the UN Human Rights Council in March 2012.

In the context of India’s economic policies, defenders engaged in denouncing development projects that threaten or destroy the land, natural resources and livelihood of their community or of other communities, have been targeted by State agents and private actors, and are particularly vulnerable.

“I am troubled by the branding and stigmatization of human rights defenders, who are labeled as ‘naxalites (Maoists)’, ’terrorists’, ‘militants’, ‘insurgents’, ‘anti-nationalists’, ’members of underground’. Defenders on the ground, including journalists, who report on violations by State and non-State actors in areas affected by insurgency are targeted by both sides,” she said.

Sekaggya criticised the amendment to the Foreign Contribution Regulations Act which provides that non-governmental organisations must reapply every five years for the review of their status by the Ministry of Home Affairs in order to receive foreign funding. “Such a provision may be used to censor non-governmental organisations which are critical of Government’s policies. The space for civil society is contracted,” she said.

The UN preliminary report appreciated the legislations like the Protection of Human Rights Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Right to Information Act. It welcomed the draft Bill on the Prevention of Torture with a view to ratifying the Convention Against Torture in the near future.

Though there are National Human Rights Commission, state-level Human Rights Commissions and a wide range of statutory commissions mandated to promote and protect the rights of, inter alia, women, children, scheduled castes and scheduled tribes, there are widespread deficiencies in their full implementation at both central and state levels, adversely affecting the work and safety of human rights defenders.

These violations are commonly attributed to law enforcement authorities; however, they have reportedly also shown collusion and/or complaisance with abuses committed by private actors against defenders. Armed groups have also harassed human rights defenders in some instances, the report said.

Sekaggya expressed her concerns over the plight of human rights defenders working for the rights of marginalized people like Dalits, Adavasis (tribals) religious minorities and sexual minorities who face particular risks and ostracism because of their activities. Collectivities striving for their rights have in fact been victimized. Women human rights defenders who are often at the forefront of the promotion and protection of human rights, are also at particular risk of persecution. Right-To-Information (RTI) activists, who may be ordinary citizens, have increasingly been targeted for, among others, exposing human rights violations and poor governance, including corruption of officials.

Other defenders targeted include those defending women’s and child rights, fighting impunity for past human rights violations, seeking accountability for communal pogroms, upholding the rights of political prisoners, journalists, lawyers, labour activists, humanitarian workers, and church workers. Defenders operating in rural areas are often more vulnerable.

The preliminary report called for implementation of the Supreme Court judgement on police reform in line with international standards. A law on the protection of human rights defenders developed in full and meaningful consultation with civil society and on the basis of technical advice from relevant UN entities should be enacted.

The Optional Protocol to the Convention on the Elimination of all forms of Discrimination Against Women should be ratified. The ratification of the complaints procedure will provide women human rights defenders an opportunity to access another procedure to address any violations of rights under the Convention, the report said.

On the functioning of the National Human Rights Commission, Sekaggya said : 'However, all the defenders I met during the mission voiced their disappointment and mistrust in the current functioning of these institutions. They have submitted complaints related to human rights violations to the Commissions, but reportedly their cases were either hardly taken up, or the investigation, often after a significant period of delay, concluded that no violations occurred. Their main concern lies in the fact that the investigations into their cases are conducted by the police, which in many cases are the perpetrators of the alleged violations. While I welcome the establishment of a human rights defenders focal point within the National Human Rights Commission, I regret that it was not given sufficient prominence within the Commission'.

The national and the state human rights commissions should monitor the full implementation of recommendations made by UN human rights mechanisms, including Special Procedures mandate-holders, Treaty Bodies, and the Universal Periodic Review.

In the absence of a witnesses and victims protection Act, the judiciary should take measures to ensure the protection of human rights defenders at risk, witnesses and victims. The judiciary should ensure better utilization of suo motu whenever cases of violation against human rights defenders arise. The importance of the role of human rights defenders in the vibrant and active functioning of the judiciary should be recognized, the report said.

The report finally appealed to the international donor community to be watchful about human rights violations in India and see that the European Union Guidelines on Human Rights Defenders are implemented.