Gender: Female
Perpetrator: India
Religion or Belief: Hindu
Reports of Torture: No
Reports of Medical Neglect: No
Date of Detainment: May/23/2020
Date of Release: June/17/2021
Current Status: Released
Religious Leader: No
Most Recent Type of Abuse: Detainment
Reason for Persecution: Protesting Religious Freedom Conditions
Nature of Charges: Criminal Premeditation & Conspiracy Hate Speech Illicit Financing Murder & Attempted Murder Public Disorder Terrorism Treason & Sedition
Devangana Kalita was detained for protesting religious freedom conditions.
On May 23, 2020, authorities arrested Kalita, a Hindu student activist, after accusing her of inciting communal violence during the 2020 Delhi riots. Kalita, however, was targeted for leading peaceful protests opposing the religiously discriminatory Citizen Amendment Act (CAA).
On May 24, 2020, Kalita was released on bail; however, police immediately arrested her again under different charges.
On May 29, 2020, Kalita was charged with new offenses under first information report (FIR) 59/2020 with new offenses under the IPC, 1967 Arms Act, and Unlawful Activities (Prevention) Act (UAPA). Charges include but are not limited to rioting (Sec. 147 IPC), rioting with a deadly weapon (Sec. 148 IPC), murder (Sec. 302 IPC), attempted murder (Sec. 307 IPC), sedition (Sec. 124A IPC), "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony" (Sec. 153A IPC), unlawful activities (Sec. 13 UAPA), terrorist acts (Sec. 16 UAPA), raising funds for terrorist acts (Sec. 17 UAPA), and conspiracy (Sec. 18 UAPA).
On June 26, 2020, several UN experts called for the release of Kalita and other protestors, saying that their arrests seem "clearly designed to send a chilling message...that criticism of government policies will not be tolerated."
On June 15, 2021, a Delhi High Court granted Kalita bail.
On June 17, 2021, Kalita was released from prison.
Related Cases: Umar Khalid, Shifa ur-Rehman, Sharjeel Imam, Natasha Narwal, Meeran Haider, Khalid Saifi, Ishrat Jehan, Gulfisha Fatima, Safoora Zargar, Asif Iqbal Tanha
"Marriage, assault by inmates & 2 years in jail later, why court granted bail to Ishrat Jahan" The Print
“‘Are We Human?’ Modi’s Use of Antiterror Law Draws Scrutiny From Courts” New York Times (NYT)
“Pinjra Tod: Freed India activists talk about hope and despair in jail” British Broadcasting Corporation (BBC)
“Delhi riots: SC refuses to stay bail granted to 3 activists, to examine HC order on anti-terror law” Times of India
“Student activists freed after court rejects Delhi Police stand” The Hindu
“Natasha Narwal, Devangana Kalita , Asif Iqbal Tanha released from prison” Hindustan Times
"Six Months Since Delhi Riots, Delhi Police Continue to Enjoy Impunity Despite Rights Violations" Amnesty International
"UN experts urge India to release protest leaders" UN Office of the High Commissioner for Human Rights
"India: End Bias in Prosecuting Delhi Violence" Human Rights Watch
“As Delhi Police use lockdown to arrest anti-CAA activists, courts must act to check abuse of power” Scroll.in
USCIRF Legislation Factsheet: The Citizenship (Amendment) Act in India February 2020