Gender: Male
Perpetrator: India
Religion or Belief: Hindu
Reports of Torture: No
Reports of Medical Neglect: Yes
Date of Detainment: April/14/2020
Current Status: Not Released
Religious Leader: No
Most Recent Type of Abuse: House Arrest
Reason for Persecution: Civil Rights Work for Religious Communities Human Rights Work for Religious Communities
Nature of Charges: Hate Speech Terrorism Treason & Sedition
Gautam Navlakha is under house arrest for his human rights and civil rights work for marginalized religious communities.
On August 28, 2018, police in Maharashtra arrested several prominent Dalit and Adivasi rights activists, including Navlakha, a journalist. Authorities accused Navlakha and others of inciting caste-based violence through speeches on December 31, 2017, that resulted in violent clashes the next day in Bhima Koregaon and neighboring villages in Maharashtra state. Authorities also accused them of having ties to banned Maoist groups. Navlakha was reportedly charged under various sections of the Penal Code and Unlawful Activities (Prevention) Act (UAPA).
On August 30, 2018, Navlakha was placed under house arrest.
On October 1, 2018, Navlakha was released from house arrest.
On October 5, 2018, several UN human rights experts expressed concern that the charges against Navlakha and other activists in the case are “being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities.”
On February 14, 2020, Navlakha’s case was transferred from Pune, Maharashtra, to a special National Investigation Agency court in Mumbai.
On March 17, 2020, the Supreme Court refused to grant anticipatory bail to Navlakha and ordered him to surrender to the Pune police within three weeks in connection with the case.
On April 14, 2020, Navlakha surrendered to the National Investigation Agency (NIA).
In August 2021, the National Investigation Agency submitted draft charges to a special court in Mumbai, claiming that Navlakha and others accused in the case were active members of the banned terrorist organization Communist Party of India. It also alleged that the accused wanted to establish a “janta sarkar” “via revolution supported by a commitment to protracted armed struggle to undermine and to seize power from the state.” The accused were charged with over a dozen offenses including, "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), public mischief (Sec. 505(1)(B) IPC), “waging, or attempting to wage war, or abetting waging of war, against the Government of India” (Sec. 121 IPC), “conspiracy to commit offences” waging war against the state (Sec. 121A IPC), sedition (Sec. 124A IPC), and several sections under UAPA.
In April 2022, the Bombay High Court rejected Navlakha’s plea to be transferred to house arrest due to his health and prison conditions.
On November 10, 2022, the Supreme Court ordered Navlakha be placed under house arrest. This order, however, was delayed following a challenge submitted by the NIA.
On November 19, 2022, Navlakha was released from pretrial detention and placed under house arrest.
On December 19, 2023, the Bombay High Court granted bail to Navlakha but imposed a three-week stay to allow the NIA to appeal.
Navlakha is reportedly in poor health and has reportedly been denied adequate medical care, including dental care.
Related Cases: Shoma Sen, Surendra Gadling, Mahesh Raut, Sudhir Dhawale, Rona Wilson, Vernon Gonsalves, Arun Ferreira, Anand Teltumbde, Hany Babu, Ramesh Murlidhar Gaichor, Sagar Tatyarao Gorakhe, Jyoti Jagtap, Stan Swamy
Photo attributed to Sidheeq, CC BY-SA 4.0, via Wikimedia Commons
“Bhima Koregaon 16” Amnesty International
"Bombay High Court Grants Bail to Gautam Navlakha in Elgar Parishad Case" The Wire
"Released from jail, Navlakha reaches Navi Mumbai ‘home’" The Indian Express
"Elgar Parishad: Gautam Navlakha yet to be put under house arrest" Hindustan Times
“Elgar Parishad case: Bombay HC rejects Gautam Navlakha's plea for transfer to house arrest” India Today
“Gautam Navlakha was denied a book by P.G. Wodehouse citing ‘security risk’, Bombay HC told” The Hindu
“Elgar case: What NIA draft charges submitted in court say, against whom” The Indian Express
“NIA submits draft charges against Bhima Koregaon accused” The Hindu
“India: Activists Detained for Peaceful Dissent” Human Rights Watch
“Elgar Parishad case transferred from Pune to NIA court in Mumbai” Scroll.in
“The Preliminary Fair Trial Report: Bhima Koregaon” American Bar Association (ABA)
“India: Terrorism charges are pretext to silence human rights defenders, say UN experts” UN Office of the High Commissioner for Human Rights
“All 5 activists taken home, put under house arrest” The Times of India
“Protests in India as rights activists placed under house arrest” The Guardian
“India: 5 More Rights Activists Detained” Human Rights Watch