On 20 September, India's Parliament approved the Women's Reservation Bill, reserving one-third of seats in the lower house (Lok Sabha) and State Legislative Assemblies for women. UN Women and other gender advocates have hailed this as a "historic step for gender equality, particularly in women's political leadership." Finance Minister Nirmala Sitharaman declared the law will be enforced in the 2029 national elections after a census and constituency redrawing process post the upcoming polls. UN High Commissioner for Human Rights Volker Türk has called for the system to be implemented as soon as possible, with some opposition lawmakers asking for its “immediate implementation” and questioning the necessity of linking the quota to the decadal population census.

Sources: The Indian Express, UN Women, Carnegie Endowment, The Associated Press, The Diplomat, OHCHR

In August, the Indian legislature passed two highly anticipated and contentious bills related to press freedom, freedom of expression, and the right to information. The Digital Personal Data Protection Act, approved on 11 August, aims to oversee the management of digital personal data, protect citizen rights, foster innovation, and enable government access for “legitimate uses” i.e., for national security and emergencies. Minister Rajeev Chandrasekhar hailed it as a "significant milestone" that was written following extensive consultations, although critics argue that meaningful public consultation only occurred with the 2022 version, leaving previous years' concerns unaddressed. The revised version allegedly differs from the 2022 version and fails to address long-standing concerns regarding the bill's broad exemptions, which grant extensive powers to the executive branch. Chandrasekhar has responded to the criticism noting that “There will be checks and balances within the government to ensure that this power is not misused.”

Simultaneously, the Press and Registration of Periodicals Bill 2023, passed on 3 August, seeks to streamline media business operations and decriminalize colonial-era prohibitions. However, media advocates warn that some provisions could expose media outlets to government interference, especially if labelled 'non-compliant, terroristic, or seditious.’ The International Federation of Journalists, Indian Journalists Union, and Editors Guild of India have called for a comprehensive review of both bills, expressing fears of increased government surveillance and journalist censorship, potentially undermining the Right to Information Act.

Sources: International Federation of Journalists, Tech Policy Press, Times of India, Reuters, India TV, The Hindu, The Indian Express

In response to political and university backlash to a research paper, Ashoka University faculty member Sabyasachi Das resigned, followed by another professor’s resignation in solidarity. The paper, which addressed potential manipulation of the 2019 general election, triggered a debate on academic freedom. Scholars criticized the university for distancing itself from the paper and establishing an ad-hoc committee to scrutinize its findings beyond the peer-review process. Many faculty members threatened to strike unless Das was reinstated, noting in an open letter that university involvement in investigating the merits of Das' study "constitutes institutional harassment, curtails academic freedom and forces scholars to operate in an environment of fear." On 21 August, Intelligence Bureau officials visited the campus and enquired about Das' research paper. The incident highlights growing concerns about government interference in educational institutions. The 'Academic Freedom Index Update 2023' report has observed a decline in academic freedom in India over the past decade.

Sources: The Hindu, Al Jazeera, The Wire (1), The Wire (2),  The Diplomat, Times of India

On 4 August, the Supreme Court (SC) issued a stay of the conviction of Senior Congress leader Rahul Gandhi in a defamation case from March 2023, regarding his remarks about the Modi surname. The SC decision permitted Gandhi to resume his parliamentary duties on 7 August and participate in the upcoming 2024 general election while processing his appeal before issuing a final ruling on the defamation case. The SC observed that the trial court failed to provide adequate justification for imposing the maximum two-year jail sentence, which led to Gandhi's disqualification under the Representation of People Act. However, the SC also cautioned that his comments were not in good taste.

Sources: The Hindu, Times of India, Institute of South Asian Studies

Ethnic violence that broke out on 3 May in India's northeastern state of Manipur remains unquelled, having claimed over 150 lives and having displaced tens of thousands, as of 31 July. The conflict arises from tensions between the Meitei (majority) and Kuki (minority) state populations, exacerbated by a recent court recommendation to potentially grant Scheduled Tribe status to the Meitei community, which could give them access to broader social benefits and land acquisition rights in areas inhabited by minority groups. Prime Minister Narendra Modi publicly commented on the violence, prompted by a viral video depicting sexual assault, noting that "the incident of Manipur which has come to the fore is shameful for any civilisation. The country is shamed. I appeal to all chief ministers to strengthen laws to take stringent action against crime, especially against women." Modi's remarks come amid heated debates in parliament amongst opposition lawmakers pressing for a stronger response to the ethnic clashes. In an attempt to reinstate order, the government has dispatched numerous paramilitary forces and police to the region. An 83-day-long Internet shutdown was enforced, finally being eased on 25 July. However, mobile internet and social media access remain suspended. Human rights groups have criticized the length of state-wide internet bans, noting that they infringe on free speech and are not helping to stop the violence.

Sources: The Hindustan Times, The Wire, Human Rights Watch, Nikkei Asia, The Hindu

In June, a joint report by Human Rights Watch (HRW) and Internet Freedom Foundation (IFF) highlighted India's continued use of “arbitrary internet shutdowns,” which disproportionately affect impoverished communities. The report highlights that "Since 2018, India has shut down the internet more than any other country in the world,” a finding further corroborated by Access Now's 2022 report. The majority of shutdowns have occurred in the union territory of Jammu and Kashmir, with the latest example of a months-long internet blackout occurring in the state of Manipur amid an outbreak of ethnic violence. According to HRW and IFF, many of the "procedural safeguards" established by the Supreme Court in 2020 to regulate internet shutdowns continue to be ignored by authorities. The government is yet to comment on the report findings, although Indian authorities have issued statements on the internet shutdown in Manipur, citing that the bans are required to prevent the spread of disinformation, mobilization of mobs, as well as quell the violence.

Sources: Human Rights Watch, Hindustan Times, Economic Times, Nikkei Asia, Access Now, The Economic Times

Ethnic clashes broke out on 3 May in India’s northeast state Manipur between Meitei and Kuki communities, leaving numerous dead and tens of thousands displaced. Thousands of troops and paramilitary forces were deployed to restore order, with curfews issued and internet services suspended – the latter of which has been criticized by rights experts. The conflict stems from long-standing ethnic divisions, most recently triggered by a court decision which recommended that the State government consider granting the Meitei community Scheduled Tribe status. If granted, such status would give the community, which is a majority in the state, access to wider social benefits and the ability to buy land in areas occupied by minority communities. Local Kuki activists accuse predominantly Hindu-majority Meitei groups affiliated with the ruling party government, of targeting Kuki properties, while police are accused of siding with the Meitei community to quell the unrest. The UN High Commissioner for Human Rights has urged the Indian government to address the “root causes of the violence”, while rights experts have emphasized the need for an impartial response and the protection of human rights in Manipur. President Narendra Modi is yet to publicly comment on the violence, while Union Home Minister Amit Shah in his 4-day visit to Manipur stated that the Modi government "stands shoulder to shoulder with the people of Manipur," promising relief measures and a judicial probe into the violence.

Sources: Hindustan Times, BBC News, Human Rights Watch, The Indian Express, Times of India

India’s Supreme Court (SC) began holding landmark hearings for granting legal recognition to same-sex marriages on 18 April. The case follows several petitions filed under a collective lawsuit seeking to expand marriage rights to LGBTQIA+ persons. Specifically, the court is examining arguments made for a neutral reading of the Special Marriage Act of 1954, which allows for marriages between people of different castes and religions. The Indian government has expressed opposition to same-sex marriages, further indicating that the issue should be debated in Parliament, not the courts. The SC has also contemplated whether to restrain itself from issuing a decision and leaving it to the legislature, with the Chief Justice of India indicating that “the canvas covered by the petitioners demanding marriage rights for same-sex couples does fall in the domain of Parliament.” Rights activists, however, point out that most legal rights secured by the LGBTQIA+ community in recent years have come through SC intervention (i.e., the decriminalization of gay sex in 2018). It is not yet clear when the SC will issue a ruling, and questions remain as to how other laws such as those governing adoption, divorce and inheritance would be further modified.

Sources: The Times of India, BBC News, The Indian Express

Former lawmaker and convict, Atiq Ahmed was fatally shot alongside his brother on 18 April while under police custody in an incident captured on live television. Three perpetrators were arrested on the scene. The case has sparked controversy, as two state ministers afterwards described the killings as equivalent to "divine justice." Several human rights advocates and political parties have raised concerns about increasing extrajudicial violence, noting that the incident typifies "a breakdown of rule of law" in Uttar Pradesh (UP). West Bengal Chief Minister Mamata Banerjee expressed shock at the "brazen anarchy in UP," stating further that it "is shameful that perpetrators are now taking the law into their own hands, unfazed by the police and media presence." As of 29 April, the Supreme Court is looking into the case, as well as into the case of Atiq Ahmed’s son, Asad, who was killed in an encounter with police in February.

Sources: The Hindu, Times of India (1), Times of India (2), The New York Times

India’s Senior Congress leader, Rahul Gandhi, was disqualified as a member of the lower house parliament on 24 March 2023, a day after his conviction and two-year jail sentence by a local court in Surat, Gujarat. Gandhi was found guilty of defaming the Modi community in a 2019 case filed by a politician of the ruling Bharatiya Janata Party. Human rights advocates and opposition figures have condemned the move and expressed concern that the law is being misused for political purposes to restrict free speech. Political ‘rival’ parties have also expressed support for Gandhi, including Aam Aadmi Party chief and Delhi chief minister Arvind Kejriwal and West Bengal chief minister Mamata Banerjee, with Mamata noting that “today, we have witnessed a new low for our constitutional democracy”. The government issued an official statement on 24 March stating that the disqualification is in line with parliamentary law, which requires those criminally convicted and sentenced to two or more years in prison not being permitted to serve as a member on the law-making body. The Surat Sessions court subsequently granted Gandhi bail and suspended the sentence for 30 days to allow him to appeal. If the verdict is upheld, Gandhi will not be able to contest elections for eight years.

Sources: The Hindu (1), Foreign Policy, The Hindu (2), The Hindustan Times, The Hindustan Times (2)

Prominent Kashmiri human rights defender Khurram Parvez was arrested on 13 March by the National Investigation Agency (NIA) and charged with financing terrorism for his work with the Jammu and Kashmir Coalition of Civil Society (JKCCS). The arrest was made under the Unlawful Activities (Prevention) Act. A NIA spokesperson stated that JKCSS had “been in the propagation of a secessionist agenda in the [Kashmir] Valley under the garb of protecting human rights,” through, for instance, channelling charitable funds to terror activities. The arrest marks the second case for Parvez, who has been detained since November 2021 following accusations of terrorism. Before his arrest, Parvez’s close associate and journalist, Irfan Mehraj was also charged on 20 March. Human rights groups and UN experts have roundly condemned the crackdown on Kashmiri activists and called for their release. United Nations Special Rapporteur on Human Rights Defenders Mary Lawlor stated that the act “allows the designation of any individual as a ʽterroristʼ, bypassing the requirement to establish membership or association with banned groups.” She added that “the act is applied as a means of coercion against civil society, the media, and human rights defenders in Indian-administered Jammu and Kashmir.”

Sources: OHCHR, The Hindu, UN News, The Indian Express

Indian tax authorities conducted two-day "search surveys" of BBC offices in New Delhi and Mumbai as part of an investigation into alleged tax evasion. The action occurred weeks after the British broadcaster aired a controversial documentary examining Prime Minister Narendra Modi’s role in the 2002 riots in Gujarat state. International media watchdogs have condemned the move, with The Editors Guild of India criticizing the move as "a trend of using government agencies to intimidate and harass press organizations,” which undermines free speech as enshrined in the Constitution. A senior adviser at the Indian Ministry of Information and Broadcasting told Reuters the search was not “vindictive” and the searches were due to the BBC’s failure to provide “convincing responses” to previous tax notices.

Sources: Times of India, Human Rights Watch, Reuters (1), Reuters (2)

Following widespread criticism, an ‘anti-encroachment’ demolition drive in Jammu and Kashmir was temporarily halted by the government. The drive, which officials say was targeting ‘big and influential encroachers,’ was also criticized for impacting poorer households. Several residents allege they did not receive proper notices beforehand; claiming also that their properties were bulldozed before being presented with the opportunity to show documents proving ownership. Human rights activists have flagged that Muslims are disproportionately being targeted by the eviction drive, which began in January and follows the Supreme Court's decision on 1 February to dismiss petitions challenging eviction action. The government is considering a specific policy on encroachment for those who are poor and landless.

Sources: Al Jazeera, Amnesty International, The Hindu, India Today, The Hindu (2), Indian Express, Telegraph India

India's Information and Broadcasting Ministry invoked emergency powers on 21 January under Rule 16 of the Information Technology Rules 2021 to force social media companies to remove clips of a BBC documentary that examines Prime Minister Narendra Modi’s role in the 2002 riots in Gujarat state. University authorities reportedly attempted to prevent public screenings of the documentary at several universities, by banning gatherings, electrical outages and in some instances detaining students. Activists and oppositions argue the reaction to the documentary, which the BBC had not planned to air in India, is part of a trend of increased censorship in the country.

Sources: Human Rights Watch, The Hindu, The Gazette of India, The New York Times, Al Jazeera

The independent news channel New Delhi Television, or NDTV, has been bought by Gautam Adani, a billionaire, sparking media concentration concerns. Analysts have expressed concern that the takeover will compromise NDTV's editorial independence, which stands in sharp contrast to other mainstream news channels that allegedly have strong ties to the government. A similar move was observed in 2014 with another billionaire acquiring Network18, one of India's largest media companies. Experts indicate that the move marks a worrying blow for independent media in India.

Sources: Time, The Guardian, The Times, The Times of India, Financial Times