Gender: Female

Perpetrator: India

Religion or Belief: Unspecified

Reports of Torture: No

Reports of Medical Neglect: No

Date of Detainment: June/25/2022

Current Status: Released

Religious Leader: No

Most Recent Type of Abuse: Detainment

Reason for Persecution: Human Rights Work for Religious Communities

Nature of Charges: Criminal Premeditation & Conspiracy Fabricating & Destroying Evidence Filing a False Police Report Forgery

Teesta Setalvad

Extra Bio Info:

Teesta Setalvad was detained for her human rights work supporting minority religious communities. 

On June 25, 2022, an antiterrorism squad in Mumbai arrested Setalvad, a human rights activist and vocal advocate for victims of the 2002 Gujarat riots, for seeking prosecution of senior government officials complicit in the violence. Authorities accused Setalvad of forging evidence against Prime Minister Narendra Modi, who was the chief minister of Gujarat during the 2002 riots.  Setalvad’s prosecution came a day after the Supreme Court dismissed a petition by her challenging a report by a special investigative team that absolved Modi of involvement in the riots.

Setalvad was reportedly charged with “forgery for purpose of cheating” (Sec. 468 IPC), “using as genuine a forged document or electronic record” (Sec. 471 IPC), "giving or fabricating false evidence with intent to procure conviction of capital offence" (Sec. 194 IPC), “false charge of offence made with intent to injure” (Sec. 211 IPC), "public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture" (Sec. 218 IPC), and conspiracy (Sec. 120B IPC).

On September 2, 2022, the Supreme Court granted interim bail to Setalvad.

On September 3, 2022, Setalvad was released from prison.

On September 20, 2022, the Gujarat Special Investigation Team filed a charge sheet against Setalvad accusing her and others of colluding in an effort to implicate Modi and other government officials with crimes punishable with death.

Gender: Male

Perpetrator: India

Religion or Belief: Muslim – Unspecified/Other

Reports of Torture: No

Reports of Medical Neglect: No

Date of Detainment: June/27/2022

Current Status: Released

Religious Leader: No

Most Recent Type of Abuse: Detainment

Reason for Persecution: Expression about Religion Religious Identity Reporting on Religious Freedom Conditions or Documenting Religious Freedom Violations

Nature of Charges: Hate Speech

Mohammed Zubair

Extra Bio Info:

Mohammed Zubair was detained for his expression about religion and in relation to his reporting on religious freedom conditions.

On June 27, 2022, Delhi police arrested Zubair, co-founder of the fact-checking website Alt News, after summoning him for questioning. Earlier in June 2022, authorities opened a criminal investigation into a Tweet Zubair made in 2018 perceived as insulting to a Hindu god. Zubair’s arrest followed his flagging of remarks made by the then-active Bharatiya Janata Party (BJP) spokesperson perceived as insulting to the Prophet Muhammad and Islam, which led to widespread protests across the country. Zubair was charged with "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc." (Sec. 153A IPC) and “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs” (Sec. 295A IPC).

On July 20, 2022, the Supreme Court granted Zubair interim bail in all six cases he was being prosecuted in.  He was released that same day.

Zubair has been targeted in other criminal cases in relation to his work as a journalist.

Additional Name(s): GN Saibaba

Gender: Male

Perpetrator: India

Religion or Belief: Unspecified

Health Concerns: Wheel-chair bound, heart condition, brain cyst, hypertension, breathing difficulties, back pain, nerve damage, contracted COVID-19, contracted swine flu

Reports of Torture: No

Reports of Medical Neglect: Yes

Sentence: Life Imprisonment

Date of Detainment: March/7/2017

Date of Sentencing: March/7/2017

Date of Release: March/7/2024

Current Status: Released

Religious Leader: No

Most Recent Type of Abuse: Imprisonment

Reason for Persecution: Civil Rights Work for Religious Communities Criticizing Religious Freedom Conditions Human Rights Work for Religious Communities

Nature of Charges: Criminal Premeditation & Conspiracy Terrorism

Gokarakonda Naga Saibaba

Extra Bio Info:

Gokarakonda Naga Saibaba was imprisoned for criticizing state violence against religious and marginalized communities. 

On May 9, 2014, plain clothed police officers in Delhi arrested Saibaba, a former English professor, for his work in support of civil and human rights for Adivasis and Dalits. As the Deputy Secretary of the Revolutionary Democratic Front (RDF), he regularly spoke out against government discrimination and violence targeting them in mineral-rich central India. During the arrest, Saibaba’s hand was injured as police removed him from his wheelchair and threw him into their van. Saibaba was reportedly charged with unlawful activities (Sec. 13 UAPA), conspiracy (Sec. 18 UAPA), being member of terrorist gang or organization (Sec. 20 UAPA), associating with a terrorist organization (Sec. 38 UAPA), and supporting a terrorist organization (Sec. 39 UAPA). Authorities accused Saibaba of collaborating with banned Maoist insurgent groups. 

From June 2015 to December 2015, Saibaba was granted interim bail to receive medical treatment. 

In April 2016, the Supreme Court granted Saibaba bail.

On March 7, 2017, Saibaba was sentenced to life in prison. Following the conviction, Saibaba was taken back into custody.

On June 28, 2018, several UN experts called for Saibaba’s immediate release, citing poor prison conditions and lack of adequate medical care for Saibaba.

In February 2021, Saibaba contracted COVID-19.

In June 2021, the UN Working Group on Arbitrary Detention declared Saibaba’s imprisonment arbitrary, calling for his immediate release. 

In February 2022, Saibaba reportedly contracted COVID-19 for the second time.

In August 2022, Saibaba reportedly contracted swine flu.

On October 14, 2022, the Bombay High Court acquitted Saibaba and ordered his immediate release.

On October 15, 2022, the Supreme Court suspended Saibaba's acquittal. 

On March 5, 2024, the Bombay High Court re-acquitted Saibaba.

On March 7, 2024, Saibaba was released from Nagpur Central Jail.

Saibaba’s health has deteriorated greatly while in prison and has been denied adequate medical care. Saibaba is 90% physically disabled and has been wheelchair-bound since catching polio as a child. He requires assistance to do basic tasks such as sitting up, eating, drinking, and going to the bathroom. Saibaba reportedly suffers from several health conditions including, a heart condition, brain cyst, hypertension, breathing difficulties, back pain, and nerve damage. Saibaba is reportedly also being held in solitary confinement. 

Saibaba was being held in Nagpur Central Jail.