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 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.
Photo attributed to Syed Shiyaz Mirza, CC BY-SA 4.0, via Wikimedia Commons
USCIRF Country Update: Religious Freedom Conditions in India November 2022
"Teesta tried to frame Modi, officials over riots: SIT chargesheet" The Indian Express
"Teesta Setalvad walks out of jail" The Hindu
"Gujarat riots case: SC grants interim bail to Teesta Setalvad, asks her to surrender passport" The Indian Express
USCIRF Spotlight Podcast: Deteriorating Religious Freedom Conditions in South Asia July 2022
“India: Free, Drop Charges Against Teesta Setalvad” Human Rights Watch
UN Human Rights, Tweet, June 28, 2022
“Prominent Activist in India Arrested Over Crusade Against Modi in Deadly Riots” New York Times (NYT)
“Activist Teesta Setalvad sent to police custody till July 2 by Gujarat court” Scroll.in
"Gujarat Police detain activist Teesta and ex-DGP Sreekumar" Hindustan Times
Amnesty India, Tweet, June 25, 2022
“Gujarat Police Arrest Teesta Setalvad, Activist Who Pursued 2002 Riots Case Against Modi” The Wire
“Longtime Critic of Modi Is Now a Target” New York Times (NYT)
"Recent Communal Violence in Gujarat, India, and the U.S. Response": Teesta Setalvad Testimony
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 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.
USCIRF Country Update: Religious Freedom Conditions in India November 2022
USCIRF Spotlight Podcast: Deteriorating Religious Freedom Conditions in South Asia July 2022
“Mohammed Zubair walks out of Tihar Jail after SC grants interim bail” Scroll.in
“Arrest of Journalist in India Adds to Press Freedom Concerns” New York Times (NYT)
“Indian Muslim journalist, critic of Modi, arrested over tweets” Washington Post
“India: Free Human Rights Defender Mohammed Zubair” Amnesty International
“Journalist Mohammed Zubair who flagged Prophet remark arrested by Delhi police” Hindustan Times
“Journalist Mohammed Zubair arrested for allegedly hurting religious sentiments” Scroll.in
“Indian journalist Mohammad Zubair arrested in Delhi” Committee to Protect Journalists (CPJ)
“Indian police investigate 2 journalists following critical social media posts” Committee to Protect Journalists (CPJ)
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 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.
Photo attributed to Sidheeq, CC BY-SA 4.0, via Wikimedia Commons
“Gokarakonda Naga Saibaba” Tom Lantos Human Rights Commission
"It's by chance I came out of prison alive: G N Saibaba after release from Nagpur jail" Indian Express
"India: Re-acquittal of human rights defender G.N. Saibaba is a triumph of justice over continued repression" Amnesty International
USCIRF Country Update: Religious Freedom Conditions in India November 2022
"After SC Stopped His Release, G N Saibaba Wrote He Could No Longer Bear The Pain" Article 14
"SC suspends order acquitting Saibaba" Hindustan Times
"First thing is to get him to hospital, says G.N. Saibaba’s wife" The Hindu
"Former DU professor GN Saibaba acquitted by Bombay HC in Maoist links case" Scroll.in
“India: Joint statement on the deteriorating health of G. N. Saibaba in Nagpur Central Jail” Amnesty International
“Opinion No. 21/2021 concerning Gokarakonda Naga Saibaba (India)” UN Working Group on Arbitrary Detention
“United Nations rights experts urge India to release jailed Delhi University professor GN Saibaba” Scroll.in
“UN experts urge India to release rights defender Dr. G.N. Saibaba on health grounds” UN Office of the High Commissioner for Human Rights
“DU professor GN Saibaba and four others get life sentence for ‘Maoist links’” Scroll.in