India
26.11.24
Statements
India: Call for Downgrade of NHRCI's “A” Status Due to Serious Failings on Torture and Civic Space

In a joint letter to the Global Alliance of National Human Rights Institutions (GANHRI) the OMCT along with 15 other organisations, urges the downgrade of the National Human Rights Commission of India’s (NHRCI) "A" status, citing serious shortcomings in addressing torture and protecting human rights defenders. Particularly concerning are:
- Police-led investigations: NHRCI's investigation wing is composed entirely of police officers, undermining impartiality in cases of police abuse.
- Custodial deaths: 2,575 cases of deaths in custody remain pending. In September 2024, no monetary relief was granted for any deaths in police custody.
- Inaction in emblematic abuse cases: NHRCI failed to act on the public flogging of Muslim men by police in Gujarat, despite the High Court calling it “inhumane.”
- Neglect in G.N. Saibaba’s case: The NHCRI ignored calls from UN bodies to intervene in the case of disabled Human Rigths Defender (HRD) G.N. Saibaba, who died after years of inhumane treatment and denial of medical care in detention.
- Escalating repression: Authorities increasingly target HRDs, journalists, and critics using repressive foreign funding regulations and counterterrorism laws.
- NGO clampdown: Thousands of NGOs, especially those working on human rights, have lost their foreign funding licenses.
- Abusive use of UAPA: The Unlawful Activities Prevention Act is used to silence dissent. HRD Khurram Parvez remains arbitrarily detained since 2021.
- Institutional silence and lack of independence: The NHRCI has failed to act on these violations. Its lack of diversity and independence—exacerbated by selection criteria favoring former officials—raises serious concerns.
- Perpetuation of impunity: The NHRCI’s consistent inaction contributes to a culture of impunity and undermines its credibility as a national human rights institution.
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