| 07 October 2023
| Christie Anto
In a concerning turn of events, the Indian government's relentless crackdown on independent media and civil society organizations has once again come under the spotlight, as the news website "NewsClick" and its founder, Prabir Purkayastha, along with the human resources head, Amit Chakravarty, were subjected to raids on October 3rd, 2023. These actions, taken under the guise of anti-terror laws, serve as a stark reminder of the government's systematic efforts to silence dissenting voices and stifle press freedom.
The Indian government has increasingly weaponized financial and counterterrorism laws to target media outlets and non-profit organizations, invoking the pretext of combating terrorism and money laundering. This alarming trend is not isolated; it represents a decade-long campaign aimed at undermining the independence and efficacy of civil society and the press.
Underpinning this campaign is India's commitment to the Financial Action Task Force (FATF), an international body established to combat global money laundering and terrorism financing. India's pursuit of FATF membership and its aspiration to be a "major player" in international finance have led to the enactment of various laws and amendments, including the Prevention of Money Laundering Act (PMLA) and the Foreign Contribution (Regulation) Act (FCRA). Additionally, the Unlawful Activities (Prevention) Act (UAPA), India's primary counterterrorism law, has been expanded to align with FATF requirements.
Regrettably, these legislative changes have been grossly misused, resulting in a dangerous erosion of civil liberties and press freedom. NewsClick and its journalists now find themselves targeted under the UAPA, joining a growing list of individuals and entities subjected to its abuse. This list includes Umar Khalid, Khurram Parvez, Irfan Mehraj, Fahad Shah, and activists and journalists associated with the Bhima Koregaon case.
Notably, NewsClick was previously raided in 2021 by the Enforcement Directorate (ED) under the PMLA. This law grants the ED broad, discretionary powers to seize assets, freeze bank accounts, and arrest individuals based solely on subjective suspicions, all without judicial authorization—a practice that runs counter to international human rights standards.
The FCRA, on the other hand, has been employed to stifle dissent by requiring non-governmental organizations to obtain a "foreign contribution license" to access foreign funds. Thousands of NGOs have seen their licenses canceled, resulting in significant job losses and hampering efforts in areas such as public health, poverty alleviation, and human rights advocacy.
Despite India's efforts to align with FATF recommendations, it has failed to adhere to Recommendation 8, which calls for targeted measures against non-profit organizations at risk of terrorism financing abuse. This failure has led to the disproportionate targeting of organizations with minimal or no risk.
Furthermore, FATF's principles emphasize that compliance should not contravene a country's obligations under international human rights law, including freedom of expression and association. UN Special Rapporteurs have repeatedly raised concerns about the overly broad provisions of UAPA and FCRA and called on the Indian government to repeal or amend these laws.
As the FATF prepares for its fourth round of "mutual evaluations" in November, it has a vital opportunity to scrutinize India's disproportionate regulation of civil society and human rights defenders. Given India's significant reliance on FATF membership, the international body must hold Indian authorities accountable for the misuse of its recommendations and the erosion of fundamental rights in the country.
In conclusion, the Indian government's systematic assault on independent media and civil society, under the pretext of FATF compliance, poses a grave threat to freedom of expression and association. The international community, including the FATF, must not turn a blind eye to these violations and must demand accountability for the blatant weaponization of legislation to undermine fundamental rights in India.
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