A/HRC/54/61
13.
India
74.
The situation of the Jammu and Kashmir Coalition of Civil Society (JKCCS), a
union of various non-profit organizations based in Srinagar, has been included since 2020 in
the reports97 of the Secretary-General on allegations of reprisals, including for cooperation
with OHCHR in the preparation of the 2019 report on the situation of human rights in Indianadministered Kashmir and Pakistan-administered Kashmir. The JKCCS, its chair,
Mr. Khurram Parvez, and other members of the coalition, were reportedly subject to travel
bans, ill treatment, and arbitrary detention on counter-terrorism charges in relation with their
cooperation with the United Nations. Mr. Parvez was last arrested on 22 November 2021 on
terrorism and other charges, and his case has been addressed on several occasions by special
procedures mandate holders98, to which the Government has responded.99
75.
In November 2022 and March 2023, mandate holders called 100 for Mr. Parvez’s
release noting that his arrest and detention has a chilling effect on others and urged authorities
to end the crackdown on civil society in the region. On 20 March 2023, a former associate of
the JKCCS, human rights defender and journalist and an OHCHR Minorities Fellow,
Mr. Irfan Mehraj, was arrested under the same case and transferred to New Delhi. Mandate
holders noted that former associates and volunteers of the JKCCS face coercion and
intimidation from the authorities. Mr. Parvez and Mr. Mehraj are currently detained at the
Rohini Jail Complex. If convicted, Mr. Parvez could face up to 14 years of imprisonment or
even the death penalty.
76.
The situation of Mr. Henri Tiphagne, Executive Director of the Centre for
Promotion of Social Concerns (CPSC, also known as People’s Watch), was included in
the 2018, 2020, 2021 and 2022 reports of the Secretary-General. 101 Special procedures
mandate holders102 have raised the case on multiple occasions, expressing concern over the
use of the Foreign Contribution (Regulation) Act of 2010 (FCRA) to restrict the work of
non-governmental organizations seeking to cooperate with the United Nations and noted that
the postponement and further non-renewal of CPS’s license was a case of reprisal against
Mr. Tiphagne in this context. The Government responded in August 2021 stating that the
FCRA was enacted to regulate the acceptance and utilization of foreign contributions and
ensure that these funds are not detrimental to the national interest.
77.
According to information received by OHCHR, the Central Bureau of Investigation
(CBI) visited the CPSC 12 times between January and November 2022 and reportedly seized
over 80,000 documents and 17,000 vouchers. Between June 2022 and March 2023, the
Income Tax Department reportedly asked CPS to submit evidence from the books of account
and other documents, such as details of foreign donations received. CSPC submitted all
documents required and as of 30 April 2023 is waiting for a response. The number and nature
of the requests, questions and queries from government agencies is reportedly disrupting the
regular functioning of the CSPC office. The case for the renewal of CPS’s license is still
pending in the Delhi High Court.
78.
The situation of the Centre for Social Development (CSD) in Manipur and its staff,
including its secretary Mr. Nobokishore Urikhimbam, has been included in the reports of
97
98
99
100
101
102
GE.23-15378
A/HRC/42/30, Annex II, para. 59; A/HRC/48/28, Annex II paras. 62–64; A/HRC/51/47, Annex II
paras. 82–83.
IND 7/2016; IND 9/2016; IND 2/2020; IND 19/2021.
See government replies at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35607;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35606;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=2113;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36734.
https://www.ohchr.org/en/press-releases/2022/11/one-year-detention-un-experts-demand-immediaterelease-kashmiri-activist; https://www.ohchr.org/en/press-releases/2023/03/india-un-expert-demandsimmediate-end-crackdown-kashmiri-human-rights.
A/HRC/39/41, para. 50, and Annex I, paras. 61–62; A/HRC/42/30, para. 58 and Annex II, para. 58;
A/HRC/48/28, Annex II para. 65; A/HRC/51/47, Annex II paras. 84–85.
IND 14/2018; OTH 27/2017.
59