Geneva, 03/07/2024— The NGO CAP Liberté de Conscience expressed its deep concern about the erosion of due process and democratic values in India at the 56th session of the Human Rights Council.
In a statement made at the floor, M. Valle stated that the absence of due process within India’s legal system, coupled with a sharp shift toward Hindutva extremism since the Bharatiya Janata Party (BJP) assumed power, poses a serious threat to religious minorities. Some excerpts from M.Thierry Valle’s statements were:
Zero Representation for India’s 200 Million Muslims
The recent elections in India resulted in a victory for the BJP, and the cabinet of Ministers formed by Prime Minister Narendra Modi has no Muslim Parliamentarian. This shocking absence of representation marks a historic first in India’s history, leaving the country’s 200 million Muslims without a voice in the highest legislative body.
New Criminal Laws and Custodial Deaths
India is set to introduce three new criminal laws on July 1st – Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and the Bharatiya Sakshya Adhiniyam (BSA) 2023. The Indian government is introducing these ostensibly to combat terrorism, however, these grant increased powers to the police and hinder access to bail. Notably, one of the laws, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 allows police to demand custody in bits and pieces for up to 60 days, potentially leading to custodial torture. Shockingly, between 2020 and 2022, there were 4400 custodial deaths, highlighting the urgent need for accountability and safeguards against misuse.
Threats to Privacy and Digital Rights
Furthermore, recent legislations relating to the Right to privacy and Digital rights has given the government vast power to regulate content online, potentially hinder encrypted communication, employ the tool of internet shutdown and intercept communications with minimal accountability, threatening fundamental freedoms.
Urgent Call to Uphold Human Rights
The civil society continues to urge the Human Rights Council to take action and <Ms. Name> urged India to uphold its human rights obligations, ensure due process for its citizens, and revisit legislation that grants undue powers to the police and threatens online privacy and digital rights.