Civil rights activists -Jamia Millia Islamia Research Scholar, Safoora Jargar, student activist Asif Iqbal Tanha, human rights activist Nadeem Khan and other ground activists and lawyers of the Association for Protection of Civil Rights have comprehensively chronicled the undemocratic crackdown on a community in the aftermath of the CAA agitation in 2019 in the Indian state of Uttar Pradesh in a report entitled, “The Struggle for Equal Citizenship in Uttar Pradesh and its Costs: A saga of omnibus FIRs, Loot, Arrests and Harassment of Muslim minority” which was recently released by Former Inspector General, Uttar Pradesh Police S. R. Darapuri. WSN invites you to read this summary dedicated to 23 innocent Muslims killed between 19-21 December 2019, as well as the full report to understand the dimension of human rights violations in the state of Uttar Pradesh which is in the midst of state assembly elections.

DEMANDING THE UNION GOVERNMENT OF INDIA TO RETHINK AND REVISIT its stance on the Citizenship Amendment Act (CAA), 2019 which violates Articles 14 and 21 of the Constitution of India, the Association for Protection of Civil Rights (APCR), observed the severe harm that this legislation has already done to the citizenry and the reputation of the country.

The activists seek official data regarding FIRs registered, Muslims detained, recovery notices given and compensation disbursed and have demanded that “more than 1,00,000 peaceful anti-CAA protesters should immediately and unconditionally be withdrawn by the state government.” 

   The APCR report has called for “respect human rights, celebrate diversity and promote unity while providing a conducive environment for the peaceful exercise of everyone’s rights that takes our country towards achieving new milestones of progress and prosperity.” 

Seeking an urgent dialogue at the national level, with citizens, parliamentarians, legal experts and activists towards repeal of draconian, unconstitutional, and undemocratic legislation such as Unlawful Activities Prevention Act, (UAPA), AFSPA, National Security Act (NSA), sedition that is being grossly misused to quell fundamental rights of citizens in the country including the notorious Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 that has become an easy tool to incarcerate youths in the bogey religious conversions, APCR says that all of these go against international conventions on human rights violations that India has ratified and therefore must be rescinded at the earliest.

The anti-CAA dissenters “believe that a people’s government must respect the people’s mandate and repeal this unwarranted and unconstitutional legislation.”

“The honourable Supreme court must also pay heed to the hundreds of petitions including ours (Association for Protection of Civil Rights vs Union of India), that challenge the constitutional validity of several provisions of the Citizenship Act and prays for restrictions on the nationwide NRC exercise. The Supreme Court must expeditiously hear these petitions and dispose of the matter at the earliest.”

The anti-CAA dissenters “believe that a people’s government must respect the people’s mandate and repeal this unwarranted and unconstitutional legislation.”

As the massive protests erupted after the CAA was passed in 2019, “a violent crackdown to quell the protests was reported in many parts of the country. The heart of this crackdown was the state of Uttar Pradesh where the BJP-led government initiated unprecedented police brutality against the protestors resulting in the death of 23 innocent people.” The detailed report gives graphic details of all those killed during the protests. 

The human rights advocacy group cautions that today in India, “fundamental rights of the people are being undermined by unforeseen might of the state apparatus.”

“The report also sheds light on the sheer brazenness of the state machinery in its violation of almost all constitutional mandates of the state government while dealing with peaceful dissent. No accountability and penalty on the state government is fixed even today. After two years of the ghastly repression of the civil protest, there has been no attempt to either compensate the families of the dead or to the survivors who suffered the loss of limbs and property. There has not been any significant attempt to initiate impartial investigations into police atrocities against the protesters. While the harassment of the protestors continues.”

The comprehensive report contains verified information, including an estimated 350 First Information Reports (FIRs) registered regarding these protests against around 5000 named individuals and over 100,000 unknown persons which give a free license to the state police to implicate any person in these cases and subject him/her to unnecessary harassment without any fault.”

The comprehensive report contains verified information, including an estimated 350 First Information Reports (FIRs) registered regarding these protests against around 5000 named individuals and over 100,000 unknown persons.

The report concluded that nearly 3,000 people (dominantly Muslim) were illegally arrested without any due process of law under fabricated charges. Out of them, many are still languishing in the jails even after more than two years since the anti-CAA protests began.”

In December 19 in the year 2019, the state administration intimidated around 3000 people with ‘caution’ notices to stop them from exercising their fundamental right to protest. On the same day, around 3305 people were detained which rose to 5400 within two days and many were later implicated in the same FIRs as mentioned above. Over 500 recovery notices for the damages to the public property have been arbitrarily issued, without due legal process, across ten districts for damages worth an estimated Rs.3.55 crores which the Supreme Court recently termed as illegal and unconstitutional.”

The Association for Democratic Rights report demands “an expedited, fair and transparent court-monitored inquiry into the state repression that has resulted in extrajudicial killings, torture, and several other forms of state violence. The public officials and other individuals found guilty of indulging in excesses must be held accountable for their actions as per law. Any enquiry into the violence that took place during the anti-CAA protests must include in its purview allegations of involvement by members of the ruling party in fomenting violence.”

The activists have also urged “the state government for a comprehensive compensation package for the kith and kin of those who were killed in police action including those who have suffered temporary or permanent disabilities due to unjustified police action.”

If after reading this report, your conscience is not shaken, nothing will.