SAC Bulletin #13 (September – December, 2024)

During the period under review, the human rights situation in Afghanistan, particularly for minorities, continued to deteriorate under Taliban rule. Ethnic and religious minorities, especially Hazara Shias and Sufis, faced targeted violence, with Islamic State-Khorasan Province (ISIS-K) attacks resulting in civilian deaths, including the massacre of Hazara Shias. The Taliban’s discriminatory policies were evident in their restrictions on minority language celebrations, like the Uzbek Language Day, and their continued suppression of religious practices, such as banning Sufi gatherings. Additionally, the Taliban’s systemic marginalisation of women, including barring female students from medical institutes and detaining activists, compounded the oppression faced by minority groups. The international community, including human rights organisations and governments, condemned the abuses but struggled to implement effective measures for accountability.

Post the mass uprising of July-August 2024, Bangladesh has entered a new era of both hope and despair. While a fall of the country’s autocratic regime brought an aura of hope among the people, reports of subsequent violence against members of the past ruling party created cause for concern. In the absence of a government and an operational law enforcing agency, news of targeted attacks against minorities began to surface. As a new government took oath, the entire world held onto their breath to see how they would handle the situation of minorities. Despite curbing the initial spread of the mob’s mindless violence, continued reports of vandalism, targeted exclusion in government services, and arbitrary detention of a Hindu monk caught the global attention. Here is a brief look at the situation of minorities in Bangladesh from September to December 2024.

Disinformation in international media:

• In recent events in Bangladesh, numerous social media accounts and media outlets, predominantly from India, have circulated misleading videos and fabricated stories. Sensationalist media outlets, especially those closely associated with the ruling party Bharatiya Janata Party, attempted to portray the uprising as an Islamist-backed military takeover of the country purportedly orchestrated by India’s rivals, Pakistan (through its intelligence agency) and China. Bangladeshi political analyst Zahed Ur Rahman criticised this narrative, asserting that Indian media often interprets events in Bangladesh through an Islamophobic lens, disregarding the popular nature of the movements in the country. In contrast, BBC Verify and other international platforms like Deutsche Welle and France 24 have exposed exaggerated and unrelated social media claims, highlighting the dangers of unchecked disinformation.

This wave of disinformation has drawn criticism from various quarters. Former president of the Bangladesh National Hindu Grand Alliance Gobinda Pramanik accused Indian media of misrepresenting the situation, though his comments were later denounced as false by his organisation. Similarly, BNP leader Gayeshwar Chandra Roy refuted claims that his party is anti-Hindu, emphasising their inclusivity. Analysts like Farid Erkizia Bakht and Siddharth Varadarajan suggested that India’s disinformation campaign may be motivated by disappointment over losing a key ally like Sheikh Hasina and concerns about the new Bangladeshi government potentially harbouring anti-Indian sentiments. The international dissemination of such false narratives underscores the need for responsible journalism and thorough fact-checking to prevent the spread of misinformation that exacerbates tensions and misrepresents reality.

Conclusion

These incidents showed that the Yunus-led interim government has failed to put a stop to the cases of violence and vandalism against minorities well after August. The end of year news of disproportionate exclusion of Hindus from the Civil Service examination indicates a rise of Islamist influence within the government. With the outside world watching closely, the government must act immediately to take strict and exemplary steps against those responsible not only from within, but also from outside that might have vested political interest lying in causing a religious riot here.

During the period under review (1 September to 31 December 2024), the situation for India’s minorities, continued to be dire. Major reported abuses by state actors included 18 extrajudicial killings, hundreds of instances of arbitrary detention or arrest, at least seven instances of torture or other forms of physical ill-treatment, and several instances of arbitrary and punitive demolition or confiscation of property despite the recent Supreme Court directives. State-level elections and parliamentary by-elections provided the pretext for another spike in the advocacy of religious hatred amounting to incitement by senior ruling party politicians. In addition, Hindu extremists initiated religiously motivated mass violence against Muslims in 12 states, particularly during the Hindu festivals of Durga Puja and Ganesh Chaturthi.

A snapshot of major human rights abuses against India’s religious minorities reported since September 2024 follows.

Physical integrity rights

Arbitrary deprivation of life

During the period under review, there were at least 18 reported deaths of members of minority communities that were attributable to the violent actions of state actors. Reported cases included:

• 12 September 2024: The shooting of two 18-year-old Bengali-speaking Muslim men by police forces in Katchutali, Assam, during a forced eviction drive.
• 6 October 2024: The death of a Muslim man in the police firing during violent communal clashes in Kadamtala area in North Tripura district, Tripura. Tripura was one of 12 provinces that witnessed sectarian violence during the period under review.
• 11 November 2024: The killing of 10 members of the Kuki-Zo tribal community, including a minor, by security forces in Jiribam, Manipur. While security forces alleged that those killed were militants, local Kukis claimed that the victims were ‘village volunteers’, a term used for armed civilians who have been guarding villages amid inter-ethnic violence. Post-mortem reports appeared to show that most of the victims were shot from behind, and that at least four had their eyes missing, suggesting torture. Over 200 killings and widespread sexual violence, among other grave abuses, have been reported from Manipur since inter-ethnic violence broke out in the state in May, 2023.
• 24 November 2024: The killing of five Muslim civilians by police in Sambhal, Uttar Pradesh, whilst they were protesting local authorities’ attempts to survey a historical mosque in the area. Videos showed police officials firing live bullets at protestors, while also pelting stones at them. Later, families of the victims alleged that they faced threats and coercion to give false statements exonerating the police. The police also allegedly forced families to bury their dead quickly and without following proper religious rites.

Also, on 29 September, a Muslim woman and her 3-year-old daughter in Latur, Maharashtra, were killed in a suspected hate crime, after a group of Hindu men in a car ran over the motorcycle on which they were travelling. While police denied a religious angle to the case, the woman’s husband—a co-passenger, along with their six-year-old son, both of whom survived the incident with injuries—alleged that the assailants had chased the family, used religious slurs, and stated that ‘Muslims need to be taught a lesson’, before mowing them down.

On 30 December, a Muslim man was reportedly lynched to death in Moradabad, Uttar Pradesh, by a mob that accused him of being involved in cow slaughter. A purported video of the murder was circulated online.

Arbitrary detention

There were several instances of arbitrary arrest and detention of Muslims and Christians under multiple pretexts:

• 200+ Muslims arrested across the country on various pretexts: Over 200 Muslims across the country were reportedly arrested or detained, selectively, in the aftermath of sectarian clashes, typically initiated by Hindu extremists (also see section on Torture). Dozens of Muslims, including a prominent lawyer and an activist, were also reportedly arrested in the aftermath of the police firing in Sambhal in November that had resulted in 5 deaths (see above). Muslims arrested in other contexts included at least two journalists (in Rajasthan and Uttar Pradesh).
• 35+ Christians arrested under anti-conversion laws: India’s stringent anti-conversion laws, now active in 12 states, continued to be weaponised against Christians. Arrests of Christians, including faith leaders, women, and other worshippers, were reported from Sultanpur (UP), Betul (Madhya Pradesh), Dasna (UP), Ayodhya (UP), Rampur (UP), Bhagwanpur (Bihar), as well as various locations in Chhattisgarh and Rajasthan. All arrests were reported from provinces governed by the Bharatiya Janata Party (BJP).

Also arrested during the period under review were at least 10 journalists and activists (see section on Shrinking Civic Space).

Torture and ill-treatment

There were reports of at least seven Muslims facing serious injuries as a result of custodial torture and other forms of physical ill-treatment by state actors.

• Police forces in Uttar Pradesh shot at and injured at least three Muslims, in allegedly staged ‘half-encounter’ shootings, entailing police typically shooting at victims’ knees and legs to incapacitate them for life. Victims included two Muslims who police claimed were suspects in the murder of a Hindu man amid communal violence in Bahraich district (17 October), and, separately, an alleged cattle smuggler in Meerut district (14 November). These shootings were in addition to at least 53 other similar shootings documented by South Asia Justice Campaign (SAJC) so far this year. It is widely alleged that many, if not most, such shootings are staged by police, usually against individuals already in their custody (see a map of reported incidents here).
• Four Muslim villagers in Kwath village in Jammu & Kashmir were reportedly subject to custodial torture by soldiers of the Indian Army, shortly after a militant attack nearby. Locals told reporters that four Muslim men—all labourers and farmers—were called to the army camp, where they were blamed for ‘not informing’ the army about militant activity in the area, and ‘ruthlessly beaten’ for hours. While the army claimed to have launched an investigation into the incident, police have reportedly not filed a criminal case, as no formal complaint was received from the victims. The incident is part of a broader pattern of human-rights abuses by Indian security forces operating in J&K—in a similar incident in December 2023, three Muslim civilians in Kashmir were reportedly killed and at least 22 more across five villages were severely tortured, in what appeared to be a coordinated army operation. The Armed Forces (Special Powers) Act (AFSPA), active in the region, provides legal protection to the army from prosecution in civilian courts.

Minorities also continued to face targeted violence and other forms of physical assault and ill-treatment by Hindu extremist groups allied to the BJP. Since September 2024, episodes of targeted mass violence against Muslims were reported from 12 states—Andhra Pradesh, Bihar, Gujarat (Kathlal, Surat, and Bharuch districts), Himachal Pradesh, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Telangana, Tripura, Uttar Pradesh, and Uttarakhand. These episodes of low-intensity violence (see map here), which resulted in dozens of injuries, occurred against the backdrop of Hindu festivals of Ganesh Chaturthi and Durga Puja. Recurring patterns included the mass of Hindu worshippers chanting/playing of inflammatory (and often violent) slogans/speeches and vandalising Muslim residences, businesses, and places of worship, as well as the tendency of state authorities in BJP-governed provinces to exclusively punish Muslims after the violence. In some states, like Uttar Pradesh, the ‘riots’ appeared to be orchestrated ahead of upcoming elections: in UP’s Bahraich district, a viral video on social media appeared to show two Hindu men purportedly admitting to their involvement in the ‘pre-planned’ ‘sponsored’ anti-Muslim violence, during which they claimed the police gave them a ‘free hand’ for two hours. In Uttarakhand, which witnessed multiple violent clashes during the period under review, Hindu extremists ramped up their calls for the social and economic boycott of Muslims, as well as for the demolition of several historical mosques.

Separately, civil society groups have documented instances of over 25 Muslims being injured in other violent assaults by Hindu extremists, across India, during the period under review. India’s cow‑protection and anti-conversion laws, now active in 20 and 12 states respectively, continued to drive attacks against Muslims, Christians, and Dalits.

United Christian Forum (UCF), a Christian advocacy group, documented 673 attacks against Christians in 2024 (up to end-October), with the highest number of incidents reported from Uttar Pradesh and Chhattisgarh. UCF defines attack as instances of physical violence, killings, sexual harassment, threats, social exclusion, and vandalism. UCF also noted that police authorities registered formal cases (known as First Information Reports, or FIRs) in only 47 of these instances. UCF documented around 750 attacks against Christians in 2023.

Incitement to discrimination, hostility, or violence

During the period under review, state-level elections in key states (Jammu & Kashmir, Haryana, Jharkhand, Maharashtra), and by-elections to parliament among others, also provided the pretext for sustained religious polarisation and anti-minority hate speech, including incitement to discrimination, hostility, and violence.

• As was seen during the national general election in the summer of 2024, BJP’s electioneering once again centred around sectarian rhetoric, intended to dehumanise Muslims and manufacture fear among India’s Hindu majority. Unfounded and discredited anti-Muslim conspiracy theories such as ‘love jihad’ and ‘land jihad’ continued to be recurring themes in campaign speeches, as was the use of pejoratives like ‘infiltrators’ with reference to Muslims. In Jharkhand, an eastern state with a significant tribal population, the BJP attempted to pit members of indigenous tribes against Muslims, including via a television ad.
• While the contentious television ad in Jharkhand was taken down upon the directions of the Election Commission, senior BJP leaders who continued to use similar rhetoric in their public speeches throughout the election period included Prime Minister Narendra Modi and Home Minister Amit Shah (both of whom referred to Muslims as ‘infiltrators’ on multiple occasions and falsely accused opposition parties of conspiring to ‘steal’ reservation benefits from Dalits and Adivasis to redistribute those to Muslims), Uttar Pradesh Chief Minister Yogi Adityanath (who, in at least one speech laden with anti-Muslim content, celebrated how ‘traitors’ are ‘sent to their deaths’ in his state), Assam Chief Minister Himanta Biswa Sarma (who is BJP’s election co-in-charge in Jharkhand, on at least one occasion, questioned Muslims’ loyalty and called for them to be kicked out of Jharkhand), Madhya Pradesh Chief Minister Mohan Yadav and Maharashtra Chief Minister Devendra Fadnavis (both of whom characterised the election as a ‘dharmyudh’/holy religious war), among many others.
• In addition to these election-time speeches, Hindu extremist groups, including those organised by BJP allies operating under the Rashtriya Swayamsevak Sangh (RSS) banner, continued to organise public rallies and events across the country. Speakers at these events included influential figures such as Yati Narsinghanand Saraswati (who inflamed communal tensions across Uttar Pradesh in September by calling on his followers to burn an effigy of Prophet Mohammad), Kajal Shingala, and Suresh Chavhanke, all of whom continued to openly and directly incite hostility, discrimination, or violence towards Muslims. Despite the Supreme Court orders to police authorities in mid-December to maintain law and order, Narsinghanand reportedly organised a mass gathering in Ghaziabad (UP) on December 20, where he and other influential speakers called for the creation of a Hindu-only nation free of Muslims and incited Hindus to take up arms in defence of Hinduism.
• Widespread anti-Muslim rhetoric translated into episodes of targeted mass violence in at least 12 states. In at least five of these, the actions and speeches of senior BJP leaders was directly reported to have contributed to or further inflamed communal tensions.
• The reported speeches are in violation of hate speech provisions of India’s criminal laws, as well as provisions of India’s election laws that prohibit communal rhetoric and seeking votes in the name of religion. However, India’s public authorities, including the Election Commission and state police, are not known to have initiated meaningful action against any of the alleged perpetrators mentioned above.
• In a letter to the Indian government sent in September 2024, three UN Special Procedures mandate-holders found that election-time speeches made by PM Modi and other senior leaders in April-May 2024 appeared to prima facie constitute internationally prohibited hate speech and called out the continuing lack of accountability from India’s domestic authorities.

 

Individual liberties

 Freedom of religion or belief

Major developments and continuing trends that further underlined the dire conditions for religious freedom for India’s minorities included:

• The trend of conviction of Muslims and Christians under UP’s anti-conversion law, (amended in July to introduce stricter penalties and broaden its scope) has continued. Reported convictions since September included that of 12 Muslims (including two prominent scholars), whom the judge, while passing the order, accused of being involved in ‘unconventional warfare’ against the state, and three Christians, reportedly based on the testimony of a BJP worker. Rajasthan, a BJP-governed state, has announced plans to enact its own anti-conversion law and become the 13th Indian state with such legislation.
• The continued targeting of minority religious property: most notable has been the survey of the historical Shahi Jama Masjid (mosque) in Sambhal (UP) in November when police shot dead five Muslims protesting against the act (see above). The survey in Sambhal was the latest in a series of similar surveys by local authorities in several specially BJP ruled states, prompted by Hindu groups’ attempt to challenge the ownership of the properties in question, using the legal process. There is a law that prevents conversion of the religious character of buildings, enacted after the Babri Mosque in Ayodhya, UP, was illegally demolished by Hindu extremists in 1992. A 2022 ruling by the Indian Supreme Court created a pathway for claimants to circumvent the ban, a ruling that is being used increasingly by Hindu groups to file claims against multiple historical mosques, claiming they were temples. In December, the SC issued a nationwide directive temporarily staying, but not preventing, suits seeking similar surveys.)
• Mosques and other Muslim religious properties also continued to be the target of Hindu extremists’ ire during episodes of mass violence. Attacks on mosques were reported in Himachal Pradesh (Shimla, 16 September), Karnataka (Dakshina Kannada, 16 September), Telangana (Jainoor, early September), Rajasthan (Shahpura, 14 September), and Uttarakhand (Uttarkashi, 24 October). Mass protests calling for the demolitions of allegedly illegally-constructed mosques were reported from across Himachal Pradesh and Uttarakhand.

 

Discrimination in access to economic, social, and cultural rights

 

 The trend of violations highlighted in previous sections also continued to have negative impacts on minorities’ access to economic, social, and cultural rights, including housing, livelihoods, and education. Additionally, there were direct attacks by state actors against the livelihoods of minority members. Notable developments during the period under review included: 

• Continuing arbitrary demolition of Muslim homes as collective punishment: In response to the trend of authorities in BJP-governed states using arbitrary (and often punitive) demolitions to target Muslims, the Supreme Court, in September, issued a temporary stay on all demolitions without its prior permission. In November, the SC issued guidelines to be followed in future during demolitions, including a mandatory notice period, personal hearing, and other transparency measures, as well as measures to ensure accountability for non-compliance.

Since the SC’s stay order, authorities in BJP-governed states reportedly carried out at least four more physical demolitions (in Gujarat, Uttarakhand, Rajasthan, and Uttar Pradesh). In December, after the SC’s guidelines were issued, local authorities in Fatehpur (UP) partly demolished the Noori Jama Masjid, a 180-year-old mosque, claiming that part of the mosque along with 133 nearby houses and shops were encroaching on government land.

• Authorities in Uttar Pradesh and Uttarakhand order eateries to display names of owners, endangering Muslim: Two BJP-led state governments announced policy measures giving credence to ‘spit jihad’, an unfounded conspiracy theory alleging an organised plot by Muslims to endanger Hindus by spitting in and contaminating their food. In UP, the state government announced plans to enact a law mandating, inter alia, the public display of owners’ and managers’ names at eateries, and punitive measures against food establishment employees confirmed to be ‘illegal foreign citizens’. In Uttarakhand, police authorities announced that offenders would face charges under existing laws relating to food adulteration, public nuisance, and, if applicable, incitement of religious enmity. In the previous Bulletin, we had highlighted similar police directives in UP and Uttarakhand during the Hindu kanwariya The latest measures will circumvent a Supreme Court stay on those directives. In other locations, like Delhi, local BJP leaders (such as BJP councillor Ravinder Singh Negi) have led local campaigns targeting Muslim-owned businesses, demanding they display their names and accusing them of hiding their identities.

Such measures serve the twin purposes of normalising and deepening anti-Muslim conspiracy theories and hate, as well as enabling the easy identification and targeting of Muslim workers and Muslim-owned businesses, by exclusion or other means. Hindu extremists across the country continued to openly call for the social and economic boycott of Muslims and physically target Muslim-owned businesses during episodes of mass violence.

There were also multiple reported instances of members of minority communities, particularly Muslims, facing discrimination from non-state actors. These included objections from Hindu residents to Muslims purchasing homes in their neighbourhoods (Uttar Pradesh) and instances of discrimination and harassment faced by Muslim students at educational institutions (Karnataka).

Shrinking civic space

In addition to the human rights violations against religious minorities highlighted in previous sections, the Indian government also continued its targeting of journalists, human-rights defenders (HRDs), and civil society organisations, especially those reporting and calling out such crimes. Prominent individuals arrested since September included Mahesh Langa (a journalist), Kartik Naik (an anti-mining activist), Laba Yambem (a human-rights defender and journalist in Manipur), as well as six environmental activists in Kashmir. Additionally, police forces in Delhi raided the offices of Association for Protection of Civil Rights (APCR), a Muslim legal aid network, and attempted to detain a senior office-bearer, shortly after it organised an exhibition highlighting politically motivated prosecutions of HRDs. Separately, prominent journalist and fact-checker Muhammad Zubair, who posted a video highlighting anti-Muslim speech made by hate preacher Narsinghanand, was named in an FIR by police in UP, where he is accused of sedition under India’s new penal code.

 Conclusion

As reported in previous bulletins, India’s domestic mechanisms largely continued to fail victims to ensure accountability for the violations such as detailed above. The criminal-justice process, from recording a crime to securing convictions and providing relief to victims, continues to be skewed against the victims, influenced as it is by powerful Hindu nationalist interests at local and policy levels, including the higher judiciary. The failures of justice are themselves enabled by the permissive environment against minorities and weaker sections, created by senior ruling party officials, who rather than acting to check abuses and discrimination, seek openly to incite it. This is a trend that is beginning to harden, after the recent return of the BJP in parliamentary elections, where it only managed to hold on to power, not on its own, but in coalition with other parties. A weak BJP continues, counterintuitively, to be a significant threat to minority rights and protection in India.

Significant developments related to gender-based violence, religious freedom, and the fight for equality were covered during the period under review (September to December, 2024). Although there have been notable efforts to empower marginalised groups, the struggles of the transgender community, caste-based discrimination, and religious tensions continued to persist.

Physical integrity rights

 

Rights against gender-based discrimination

• Despite Foreign Minister Arzu Rana Deuba, while speaking at the Equal Rights Coalition Conference in Berlin on 17 December, emphasising that Nepal has set an example in protecting gender-minority rights, transgender community continue to face severe discrimination, harassment and violence in Nepal. For instance, in Janakpur, several members of the trans community have been living together as a ‘family’ due to ostracisation from their own families. Their public objectification makes them subject to sexual and physical harassment in public places, especially in the absence of gainful employment opportunities, which makes their lives complex. According to them, the only source of respect and income they receive is during the traditional performances like ‘badhai’ on auspicious occasions in private homes and ‘challa maga’ in public places where people give money for their blessings, and they also perform during public festivals as ‘natuwas’, the latter exposes them to ill-treatments from the public.
• Prime Minister’s remarks during a youth conclave on 28 August ignited disappointment and disillusionment among LGBTQIA+ individuals and activists, who had a hope that the government would be their strong ally in fighting for their rights. Despite legal progress on the rights of sexual minorities, the prime minister’s admitting ignorance on the LGBTQIA+ issues perpetuated ignorance and prejudice, underscoring the continued social exclusion and challenges they face. Many sexual minorities reported that they faced emotional distress due to the PM’s remarks, and there’s a need for greater government awareness and support for the community. The footage of the remarkswent viral across social media platforms.
• Superstition and traditional beliefs continue to perpetuate gender-based violence among indigenous communities in Nepal. Despite the criminalisation of witchcraft accusation, a 28-year-old indigenous Tharu woman was brutally beaten on charges of being a witch on 16 and 19 December, forcing her out of the house by community members, including her relatives. The attack on her continued until her husband, who had gone to India for work arrived and saved her. She was severely injured and required hospitalisation.

Rights against caste-based discrimination

• Following an incident of caste-based discrimination on 28 August, where two non-Dalits posted a video mocking Bal Bahadur Khati (Dalit) on social media; Dalit rights activists organised a press conference demanding legal action against those responsible on 12 September for the video circulation that contained derogatory remarks to hurt Dalit communities. Despite activist’s efforts for legal action, social and political leaders in the community intimidated the victim to withdraw the complaint, citing concerns of social harmony. While their demand through press conference is for legal action, activists reported that they are being pressurised towards coercive reconciliation.

 

Individual liberties

Freedom of religion

• On 20 and 21 December, the National Religious Federation Conference was held for two days in Kathmandu with the participation of over 200 Hindu religious leaders, particularly from the Omkar Family. The conference declared 3 Asoj (August–September), as a black day to be observed annually as a fasting protest by all the Hindus until secularism is abolished. Third Asoj is celebrated every year as the constitution day in Nepal since its promulgation on 20 September 2015. The conference also demanded the protection of ‘Sanatana’ Hindu customs, including the protection of cows and the recognition of the Nepali language as an official language in government operations. Additionally, their demand emphasised the removal of political appointments in religious institutions and the management of religious heritage sites handled by the respective community.

 

Discrimination in access to economic, social and cultural rights

 

• Social exclusion faced by Dalits is still evident in the segregated water resources in Chakhlekhola of Olanai village in Godavari Municipality, Kailali, Sudurpaschim Province, where Dalits are forced to fetch water from old contaminated well, while non-Dalits in their close proximity have piped water access directly into their homes. This is a vivid reminder that despite legal progress, caste discrimination persists and caste minorities are denied basic services enjoyed by others.

 

Other major developments

 

• A group of indigenous artists, activists, and researchers took part in a 9-day-long ‘Indigenous Art Resistance in Mundhumy Mukkumlung’ beginning 4 September 2024 in support of Mukkumlung Joint Struggle Committee. The Committee is opposed to the construction of a cable car to the Pathibhara temple at the top, which is sacred not only to Limbus, but also Hindus and Buddhists. The primarily Limbu-led Committee has been arguing that the construction will destroy ‘sacred religious, cultural and spiritual places as well as natural resources, environment and ecology’. The site has seen the felling of 4000 trees by the private construction company under Armed Police Force protection and the planting of 20,000 trees in their place by the Committee. While political parties have urged for the expedition of the cable car construction, MP Khinu Langwa Limbu of Koshi Province, speaking in the state assembly on 11 September 2024, where Mukkumlung lies, has urged the termination of the construction contract, arguing that it encroaches on the cultural and religious faith of the Limbus. The project has been in limbo for the past two years and has seen frequent protests by the indigenous community, who argue that it only benefits the investors and not the locals. Indigenous activists see this as one of the examples of threats to their existence and livelihood. In the latest incident, six were injured when the two opposing groups clashed on 8 November.

 

Positive developments

 

• On 30 December, Marginalised Women Members of Parliament Forum was formed to advance the social, political and economic empowerment of marginalised women, who often face systemic inequality. It was established by former women parliamentarians and Constituent Assembly members.

While there have been legal reforms, the prevalence of gender-based discrimination and violence, caste discrimination and religious intolerance highlights the need for continued advocacy and support for minority communities in Nepal.

This period under review witnessed notable issues surrounding discrimination, and the violation of the rights of marginalised communities, including religious minorities, lesbian, gay, bisexual, transgender, and other identities (LGBT+), Tamil, and Malaiyaha Tamil communities in Sri Lanka persisted. Additionally, positive steps forward were observed in the areas of gender equality, LGBT+ rights, and the political participation of women.

 

Physical integrity rights

 

Arbitrary detention

• On 12 October 2024, the Human Rights Commission of Sri Lanka was reported to have urged the overhaul of the controversial Prevention of Terrorism Act (PTA) including a review of other laws such as the Police Ordinance, the Penal Code Ordinance, the Quarantine and Prevention of Diseases Ordinance, the Public Security Ordinance, the Prevention of Terrorism Act, the Computer Crimes Act and the International Covenant on Civil and Political Rights Act. The Human Rights Commission recognised that the PTA and other laws have been abused to arbitrarily harass human rights defenders.
• On 7 November 2024, Dr Shafie Sihabdeen lodged a complaint over his arbitrary arrest with the Ministry of Public Security to deter such incidents from occurring again. In May 2019, Dr Shafie, an eminent Muslim doctor, was arrested based on allegations, among others, that he was sterilising Sinhalese women to bring down the population of the Sinhala community. The allegations were spurious but were nonetheless pursued relentlessly by the media and some people within the medical community. The conspiracy claims were nurtured in the political context of that time. Eventually, the case was dismissed, and the Attorney General informed the court that there was insufficient evidence of amassing assets through suspicious means, performing illegal sterilisation surgeries and having terror links.

Following the statement that the current government’s focus will not be on repealing the Prevention of Terrorism (Temporary Provisions) Act as amended (PTA) but on preventing its misuse, the government was accused by the media of backpedalling the PTA. The PTA has been used excessively against minority communities and remains a very controversial piece of legislation.

Rights against discrimination

• The LGBT+ community working in the Free Trade Zones, where international clients import raw material or finished goods without customs for value addition or simple storage for re-export, complained that the garment factories that employ them through manpower agencies would exploit their labour and demand the workload required of men but pay wages designated for females, which were lower. 

 

Discrimination in access to economic, social and cultural rights

 

• The people in war-affected areas, especially in the Northern Province, continue to be aggrieved by the loss of their ancestral lands acquired by the military as bases and as buffer zones. The affected people, mostly from the Tamil minority, noted that it is over 15 years since the war has ended, that they receive promises from successive governments but see little change. They have lost livelihoods and in some areas people from outside the province have been given land, altering the demographics of the area. They met with the recently appointed governor of the province seek solutions.
• The Malaiyaha Tamil community, an ethnic group descending from Indian workers brought to Sri Lanka during the colonial era, remain the most vulnerable and marginalised community, wooed by all political parties during election campaigns and neglected thereafter. As Sri Lanka went to the polls in November, workers picking tea—the backbone of the economy—claimed that they had heard all the promises before, reflecting a wider sense of disillusionment.
• In October 2024, plantation sector trade unions representing the Malaiyaha Tamils urged the political authority to provide solutions to the land-related issues faced by the community, hoping that at least with the election of a new government in November, this would be addressed. Even when workers received allocations of land, the titles remained with the estate, making their land ownership tenuous.
• In November 2024, trade unions pointed out that females working in tea estates often neglect their health and sanitation due to a lack of toilet facilities in estates. Women workers do not have clean and separate toilets and are subject to harassment by male workers when they use common toilets.
• The Chieftain of the Vedda community (an indigenous people) called for urgent amendment of laws prohibiting forest entry, which negate their livelihood, education. The Vedda Chief Uruwarige Wannila Aththo said that the longstanding issues faced by the Vedda community are still not resolved. Not having access to forests is greatly affecting all segments of their life such as education, religious beliefs, and culture. He said the prohibition from entering forests, and engaging in their traditional livelihoods, affected the community’s future as their life is interconnected with the forests. The chief warned of their identity extinction and said ‘The forests are our schools, our temples, our hospitals, and our food stores. So, we have no access to them now, and our younger generation is losing a great deal of knowledge and experience. That is why we ask for the quick resolution of these issues by amending the relevant laws.’

 

Legal, political, and policy developments

 

• Representation and Participation: Representation and participation of minority groups in government remain key and contested issues. The Muslim community has noted and expressed disappointment publicly that no Muslims were appointed to the cabinet. The current parliament includes several Tamil and Muslim representatives and even the first vision-impaired Member of Parliament. However, none were selected to be in the cabinet. Tamil members were appointed to government but there are no Muslims represented in the cabinet and the lack of cabinet representation is a source of disappointment. Members of the Muslim community have declared that a cabinet without Muslims is not meritocratic but discriminatory.
• The government spokesman noted that the government has in fact appointed a Muslim entrepreneur as the Governor of the Western Province and that the Deputy Speaker of the Parliament, one of the Deputy Ministers, and a National List Parliamentarian from the Muslim community. The government attempted to assuage the perception of discrimination and exclusion expressed by the Muslim community by stating that the government’s focus was on ‘serving the Sri Lankan nation. Not for the races/ethnicity, the religions and the caste’.
• Despite the large female representation in parliament, the government noted that the Muslim Marriage and Divorce Act (MMDA) will not be changed. The MMDA has been the subject of debate among many women activists for the disadvantages that it imposes on women in matters of divorce, custody, and support. Women’s groups view this in a negative light, and Muslim customary law reform activists condemned the National People’s Power (NPP) government’s stance that there is no immediate necessity to amend the Muslim Marriage and Divorce Act (MMDA). In November, a group of individuals and civil society organisations (CSOs) have, in an open letter to the president and the prime minister, noted that Article 12(1) of the constitution guarantees equal treatment and protection under the law for all citizens, making it the government’s responsibility to ensure the fair implementation of the Muslim Marriage and Divorce Act (MMDA).
• The Executive Director of Women in Need (WIN) urged the new government to address gender-based violence as a priority, noting that the brutality of violence has increased over time with the rising consumption of drugs and alcohol. A recently published local report finds that women own only 16 per cent of land and that the ownership, control and use of land are impacted by laws and conflicting cultural norms that continue to disadvantage and discriminate against women.
• The present NPP government led by Janatha Vimukthi Peramuna (JVP) (which led two failed insurgencies in the past), drew parameters for Northern Tamils intending to commemorate of the so-called ‘Maaveerar Naal’ scheduled for 27 November. The policy was to allow individuals to commemorate the deaths of their relatives. However, it is not allowed to hold ‘Mahaviru’ celebrations to glorify Liberation Tigers of Tamil Eelam (LTTE) members or use their images under the LTTE logo as the LTTE remained a proscribed organisation.
• During a media briefing held on 1 October, the media queried Cabinet Spokesperson Minister of National Integration Vijitha Herath regarding the NPP administration’s plan to resolve the ethnic problem, including their stance on the 13th Amendment to the Constitution. In response, he said that President Anura Kumara Dissanayake’s Election manifesto stated that the ethnic problem would be solved by introducing a new constitution under an NPP government and they will do it as soon as an NPP government is formed after the parliamentary election. He also said that the NPP is of the view that political prisoners should be released recognising that there is a legal process to be followed in releasing political prisoners and they are ready to follow that process by obtaining the required reports from the judiciary.
• On 9 October, Sri Lanka rejected the draft resolution which was tabled before the United Nations Human Rights Council (UNHRC) seeking to extend the mandate of Resolution 51/1 on promoting reconciliation, accountability, and human rights in Sri Lanka. Earlier, the draft resolution was adopted without a vote during the ongoing 57th Regular Session of the UNHRC in Geneva, Switzerland. Instead, Sri Lanka urged the resolution co-sponsors to support the domestic process.

 

Positive developments

 

• The rights of the LGBTQIA+ community have been highlighted in recent months. In October, it was decided that transgender prisoners will receive consideration for separate accommodation in prisons to be constructed in the Sri Lanka also witnessed its first transgender politician coming to the forefront when the Socialist Party of Sri Lanka Women’s Affairs Secretary contested the parliamentary elections in November 2024, declaring that she would make inclusion and social justice a priority.
• In October 2024, the Human Rights Commission of Sri Lanka (HRCSL) has announced the establishment of a Gender Focal Point (GFP) at its head office in Colombo, aiming to address the widespread violations committed against women and gender minorities in the country.
• There were positive developments relating to women’s participation and representation in parliament. At the parliamentary elections, 21 women were elected to parliament, heralding a new era in women’s political participation and representation. Furthermore, the Constitutional Council approved Justice Murdu Fernando as Chief Justice, making her the second female Chief Justice appointed in Sri Lanka.
• In September, the first female Deputy Inspector General of Police (DIG) challenged her removal as the Acting DIG of the Community Police Division through the Supreme Court, noting that her fundamental rights to equality were violated. The Supreme Court recommended to the National Police Commission that she be reinstated and it is under consideration.
• President Anura Kumara Dissanayake declared that racial politics and religious extremism will no longer be tolerated in the country and pledged protection for the minorities.
• The elections for the presidency in September and the general elections held in November 2024 signified landmark changes. There was an absence of communal propaganda in southern Sri Lanka, an important and healthier feature of the presidential election this time around. The parliamentary elections also yielded surprises. For the first time, a Sinhalese-majority political party, albeit while fielding Tamil candidates, won most of the seats in the districts of the Northern and Eastern Provinces, including the Jaffna District, which was considered a ‘fortress’ of Tamil nationalist politics.
• The Illankai Tamil Arasu Kachchi (ITAK) of the Parliamentary Opposition articulated the Tamil minority aspirations expressed hope for power devolution, land rights including the release of military-occupied private land, and justice for alleged war era crimes which stem from the conflict, following the election of a new government. The former Northern Province Chief Minister and Parliamentarian, and incumbent Thamil Makkal Thesiya Kuttani leader, President’s Counsel C. V. Wigneswaran, speaking on the future plans of Tamil nationalist political parties, said that there are ongoing talks about forming an alliance between all political parties which are interested in Tamil nationalism to demand the government to officially recognise the North and the East as Tamil-speaking areas. This alliance was discussed despite traditional Tamil nationalist political parties being dealt a significant defeat at the recent parliamentary polls by many electorates in the North and the East of the island. The National People’s Power (NPP) achieved a victory in the Northern and Eastern Provinces during the general election held in nearly November.
• During the 57th session of the Human Rights Council, the European Union (EU) welcomed Sri Lanka’s progress in human rights efforts, particularly efforts toward democratic elections. The EU raised concerns about the lack of accountability and urged Sri Lanka to protect civic freedoms, including monitoring the ‘Anti-Terrorism Bill’ and ‘Online Safety Bill’.

While the government’s pledges to protect minority communities are positive developments, and indicate a gradual shift towards greater inclusivity, significant actions to resolve the longstanding issues faced by ethnic minorities and marginalised groups are required. It is crucial that efforts from both the government and civil society continue to ensure the rights of minorities in Sri Lanka.