UN Experts note discrimination against muslims in CAA; seek release of protestors and investigation of instigators of violence

In a statement published by the United Nations on June 26, several experts from the United Nations organization called upon India to immediately release all the human rights defenders who have been arrested for their anti CAA protests.

The statement notes that these defenders, most of whom are students, were clearly arrested merely for their exercise of the right to denounce and protest against the CAA (Citizenship Amendment Act). The statement further observes that these arrests appear to give out a clear message that any criticisms against the government policies shall not be tolerated.

"these arrests appear to give out a clear message that any criticisms against the government policies shall not be tolerated."

Further, the statement condemns the incarceration of Safoora Zargar, a pregnant student who was imprisoned for two months and kept in conditions equivalent to that of solitary confinement. She was denied regular contact with her family members, her legal representatives. She did not have adequate medical care or diet. She was finally granted bail in her sixth month of pregnancy on humanitarian grounds.

"The statement reiterated that the Citizenship Amendment Act expedited and simplified the procedure of citizenship for people from several religious minorities from the neighbouring countries, but the Act excluded Muslims."

The statement reiterated that the Citizenship Amendment Act expedited and simplified the procedure of citizenship for people from several religious minorities from the neighbouring countries, but the Act excluded Muslims. This was seen as a major setback to the secular fabric and constitutionalism in India. Hence, protests took place in many parts of India.

The statement specifically reports the arrest of the 11 activists including Meeran Haider, Gulfisha Fatima, Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, Natasha Narwal, Khalid Saifi, Shifa Ur Rehman, Dr. Kafeel Khan, Sharjeel Imam, Akhil Gogoi. The UN experts stated that these arrests failed to maintain the necessary threshold for human rights obligations. Due process was not followed during the arrests and detention. There were also reports of ill-treatment and torture.

"Authorities should immediately release all human rights defenders who are currently being held in pre-trial detention without sufficient evidence, often simply on the basis of speeches they made criticising the discriminatory nature of the CAA," the experts said.

The statement mentions the dissimilarity in investigating incitement of violence by those who supported the Citizenship Amendment Act. Some of the CAA supporters were alleged to have chanted "shoot the traitors" at support rallies for the CAA.

"The statement mentions the dissimilarity in investigating incitement of violence by those who supported the Citizenship Amendment Act. "

The UN experts also flagged the issue of the Police invoking counter terrorism or national security legislations  while using procedural police powers to deny bail to protesters and to charge them under legislations with heavy sentences.

"Although demonstrations ended in March due to the COVID-19 pandemic, and India's Supreme Court issued a recent order to decongest jails because of health concerns related to the pandemic, protest leaders continue to be detained. The reported spread of the virus in Indian prisons makes their immediate release all the more urgent," the experts said.

The Statement also declared that all the experts were in contact with the Government of India regarding these issues.

The statement was published by experts of the United Nations including The experts:Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Ms. Leigh Toomey (Chair-Rapporteur), Ms. Elina Steinerte (Vice-Chair), Mr. José Guevara Bermúdez, Mr. Seong-Phil Hong, Mr. Sètondji Adjovi (Working Group on Arbitrary Detention); Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Mr. Clément Nyaletsossi Voule,Special Rapporteur on the rights to peaceful assembly and of association; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Ms. E. Tendayi Achiume, Special Rapporteur on Contemporary Forms of Racism; Mr.Ahmed Shaheed The Special Rapporteur on freedom of religion or belief; Ms. Fionnuala D. Ní Aoláin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mr. Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Full text of the statement can be accessed here