Several prominent international human rights organizations, including Amnesty International, Human Rights Watch, and Security Network, have jointly condemned India’s misuse of anti-terrorism laws, urging the Financial Action Task Force (FATF) to intervene and call on the Indian government to stop the prosecution, intimidation, and harassment of human rights defenders and activists, The Wire reported. The groups argue that India’s actions violate both FATF’s standards and international human rights law.
A report released by the American Bar Association Centre for Human Rights titled ‘The adverse impact of counter-terrorism laws on human rights defenders and FATF compliance’ sheds light on the dire situation, analyzing three major Indian laws: the Unlawful Activities (Prevention) Act, Prevention of Money Laundering Act, and Foreign Contribution (Regulation) Act. The report highlights the growing trend of non-compliance with FATF recommendations by India, noting that counter-terrorism laws have expanded over time, becoming increasingly vague and overturning procedural safeguards for defendants.
In a joint statement, Amnesty International, Human Rights Watch, and Security Network emphasized the exploitative nature of India’s terror and money laundering laws, accusing the Indian state of limiting civic space and suppressing fundamental rights such as freedom of expression, association, and peaceful assembly.
India’s Violations of FATF’s Standards and International Human Rights Law
“Draconian laws introduced or adapted to this end include the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), and the Prevention of Money Laundering Act (PMLA). Their actions have flouted both FATF’s standards and international human rights law,” the organizations stated in their joint release.
“The Indian authorities have used overbroad provisions in domestic law to silence dissents and shut down their operations, including by cancelling their foreign funding licenses and prosecuting them using financial regulations and counter-terrorism law.”
The report cited specific case studies, including those of journalist Siddique Kappan and the Elgar Parishad case, to illustrate the alleged misuse of anti-terrorism laws for political purposes.
These examples underscore the impact on dissenting voices in India and raise concerns about the shrinking space for civil society, particularly since the Bharatiya Janata Party (BJP) government, led by Prime Minister Narendra Modi, came to power in 2014.
The international human rights groups have called on the FATF to address these concerns and intervene to ensure that India upholds the principles of human rights and complies with international standards.
The reports were compiled and presented days before the FATF’s Mutual Evaluation Review (MER) ended on November 3. The FATF’s Mutual Evaluation Review was to evaluate the anti-money laundering laws and the financing of terrorism in India.
