Gulfisha Fatima

Gender: Female

Current Location: Tihar Jail, Delhi

Perpetrator: India

Religion or Belief: Muslim – Unspecified/Other

Reports of Torture: No

Reports of Medical Neglect: No

Date of Detainment: April/9/2020

Current Status: Not Released

Religious Leader: No

Most Recent Type of Abuse: Detainment

Reason for Persecution: Protesting Religious Freedom Conditions Religious Identity

Nature of Charges: Criminal Premeditation & Conspiracy Hate Speech Illicit Financing Murder & Attempted Murder Public Disorder Terrorism Treason & Sedition

Gulfisha Fatima

Extra Bio Info:

Gulfisha Fatima is detained for protesting religious freedom conditions.

On April 9, 2020, authorities arrested Fatima, a Muslim student activist, under first information report (FIR) 48/2020 for her involvement in the Jaffrabad protest. She was charged under multiple sections of the Penal Code, including rioting and assaulting a public servant. Fatima, however, was targeted for leading peaceful protests opposing the religiously discriminatory Citizen Amendment Act (CAA).

Later in April 2020, authorities charged Fatima under FIR 59/2020 with new offenses under the IPC, 1967 Arms Act, and Unlawful Activities (Prevention) Act (UAPA) after authorities accused her of inciting communal violence during the 2020 Delhi riots. 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).

In May 2020, Fatima was granted bail in the Jaffrabad protest case (FIR 48/2020). However, she was forced to remain in prison under FIR 59/2020.

On June 26, 2020, several UN experts called for the release of Fatima and other protestors, saying that their arrests seem "clearly designed to send a chilling message...that criticism of government policies will not be tolerated."

In July 2020, Fatima was reportedly charged in two new cases (FIR 83/2020 and FIR 50/2020). That same month she was reportedly granted bail for FIR 83/2020 but was forced to remain in prison under FIR 59/2020.

In November 2020, a Delhi court granted Fatima bail again. However, she was forced to remain in prison under FIR 59/2020.

Fatima is being held in Tihar Jail, Delhi.

Sources:

"Marriage, assault by inmates & 2 years in jail later, why court granted bail to Ishrat Jahan" The Print
"2 Years of Delhi Riots: What's the Status of UAPA-Accused Named in FIR 59?" The Quint
“Delhi violence: HC adjourns activist Gulfisha Fatima’s plea for release, cites large number of cases” Scroll.in
“Delhi violence: Court grants bail to student activist Gulfisha Fatima” Scroll.in
“Backgrounder: What is Delhi Police’s riots conspiracy case?” Scroll.in
“Delhi Riots: Gulfisha Fatima, Booked For Terrorism, Is Quiet, Studious And Has A Strong Sense Of Justice, Says Family” Huff Post
“The smoke of conspiracies: The targeting of Professor Apoorvanand” Scroll.in
"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
USCIRF Legislation Factsheet: The Citizenship (Amendment) Act in India February 2020