Section 1. Respect for the Integrity of the Person, Including Freedom from:
Section 2. Respect for Civil Liberties, Including:
Freedom of Association
The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding. In other instances, the government canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations.
In September parliament passed amendments to the FCRA that placed additional limitations on the international funding of nongovernment organizations and would create significant operational barriers for the NGO community. Experts believed the new legislation would severely restrict the ability of smaller, regional organizations to raise funds and diminish collaboration between the government and civil society.
Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau.
Some NGOs stated they were targeted as a reprisal for their work on “politically sensitive” issues, such as human rights or environmental activism. In September, AII closed its offices after a two-year FCRA investigation resulted in the government freezing the NGO’s local bank accounts. AII asserted the Ministry of Finance’s Enforcement Directorate targeted their organization in retaliation for recent human rights reporting on the Delhi riots and Jammu and Kashmir. The Ministry of Home Affairs defended the actions noting “a significant amount of foreign money was also remitted to Amnesty (India) without the ministry’s approval under the FCRA. This mala fide rerouting of money was in contravention of extant legal provisions.” AII challenged the Enforcement’s Directorate’s actions in court. On December 16, the Karnataka High Court granted AII access to some of its funding from the frozen accounts and ordered the Enforcement Directorate to complete its investigation within 45 days.
In June 2019, acting on a Ministry of Home Affairs complaint, the CBI filed a FIR against Supreme Court advocate Anand Grover and the NGO Lawyers Collective, an organization run by Supreme Court advocate Indira Jaising, alleging discrepancies in the utilization of foreign funds. On July 11, the CBI accused Grover and Jaising of violating FCRA provisions and raided their home and offices. On July 25, the Bombay High Court stated the CBI allegation against Lawyers Collective–mixing FCRA funds with domestic funding–was “vague and arbitrary,” and it directed the CBI not to take any coercive steps in relation to the FIR until August 19. Civil society groups, including HRW and the International Commission of Jurists, criticized the CBI action as “dubious” and politically motivated.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is older than 15. According to legal experts, the law does not criminalize rape of adult men. Rape of minors is covered under the gender-neutral POCSO laws. Official statistics pointed to rape as one of the country’s fastest-growing crimes, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes remained vastly underreported.
Law enforcement and legal recourse for rape victims were inadequate, and the judicial system was overtaxed and unable to address the problem effectively. Police sometimes worked to reconcile rape victims and their attackers; in some cases they encouraged female rape victims to marry their attackers. The NGO International Center for Research on Women noted low conviction rates in rape cases was one of the main reasons sexual violence continued unabated and at times unreported. The NGO Lawyers Collective observed the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns and were more pronounced during the COVID-19 pandemic.
Incidents of rape continued to be a persistent problem, including gang rape, rape of minors, rape against lower-caste women or women from religious and nonreligious minority communities by upper-caste men, and rape by government officials.
The minimum mandatory punishment for rape is 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 is between 20 years’ and life imprisonment; the minimum sentence of gang rape of a girl younger than 12 is punishable by either life imprisonment or the death penalty. An online analytic tool, the Investigation Tracking System for Sexual Offenses, exists for states and union territories to monitor and track time-bound investigation in sexual assault cases.
On March 20, the four men convicted of the high-profile 2012 gang rape of Nirbhaya were hanged. The victim is known as Nirbhaya, meaning the fearless one, because of the law forbidding the disclosure of rape victim names. Nirbhaya, a medical student at the time, was attacked on a bus by six men while traveling home with a friend. Her friend was beaten unconscious, and she was gang-raped and brutally tortured with an iron rod. Nirbhaya died two weeks later. Of the six arrested, one died in his jail cell and another, a minor at the time, was released after three years in a reform facility. The four remaining were sentenced to death and were hanged at Delhi’s Tihar Jail after the Supreme Court dismissed their final petitions.
On July 13, a woman who filed a complaint of gang rape in Bihar was arrested for misbehavior while recording her statement in court. The 22-year-old survivor was accompanied by two social workers, and the three were arrested on charges of disrupting court proceedings when the survivor, who was illiterate, refused to sign a written statement for the court and demanded it be read aloud by the social workers. Jan Jagran Shakti Sangathan, a nonprofit organization, protested the arrests, asserting the survivor’s distressed state and noncompliance were caused by the trauma of the gang rape, the ordeal of narrating the incident during police investigation and court proceedings, and the lack of family and mental health support after the incident. As of July 15, the three women were being held in jail under judicial custody, and one of the five men accused of the gang rape was arrested. A group of 376 lawyers from across the country sent a letter to the Patna High Court (in Bihar) to express their concern regarding the local court’s handling of the case.
On September 28, CHRI released Barriers in Accessing Justice: The Experiences of 14 Rape Survivors in Uttar Pradesh, India, that detailed strong evidence of the barriers imposed by police on women survivors, including caste-based discrimination, discouragement to report the crime, and forceful acceptance of illegal compromises. The report noted legal remedies against police malpractice were difficult to pursue and often did not provide redress.
On September 30, Uttar Pradesh police cremated, without family consent, the body of a 19-year-old Dalit woman in her native village in Hathras, hours after she succumbed to injuries allegedly inflicted in a gang rape by four upper-caste men on September 14. Her death and subsequent cremation without the presence of family members sparked outrage among opposition parties and civil society. Police arrested all four accused, and the Uttar Pradesh state government assembled a three-member team to probe the incident.
On October 5, citing recent cases of alleged rape and murder, including in Hathras, the UN resident coordinator in the country expressed concern at the continuing cases of sexual violence against women and girls.
Women in conflict areas, such as in Jammu and Kashmir, the Northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations.
The Kerala State Women’s Commission registered a rape case involving a 75-year-old Dalit woman suffering from dementia and other mental health issues. The woman was attacked and raped by a group of unidentified men on August 4 in Ernakulam District, Kerala State.
Domestic violence continued to be a problem. The COVID-19 pandemic and lockdown led to increased instances of domestic violence. Women and children were more vulnerable due to loss of livelihood of the perpetrator and the family being forced to remain indoors, where victims were locked in with their abusers with limited means to escape or access to resources. The Jammu and Kashmir and Delhi High Courts took note of the increased problem of domestic violence and directed national protection agencies to consider additional measures to address the rising instances of domestic violence.
Local authorities made efforts to address the safety of women. On August 10, the National Commission of Women (NCW) reported 2,914 complaints of crimes committed against women in July, including 660 cases of domestic violence. This represented the highest monthly level since November 2018. The data showed Uttar Pradesh, Bihar, Haryana, Delhi, and Punjab as the states with the highest levels of domestic violence against women. The latest available NCRB data estimated the conviction rate for crimes against women was 23 percent.
During the first weeks of the COVID-19 lockdown, the NCW received 239 complaints of domestic violence–a significant increase from the 123 complaints it received in the month preceding the lockdown. To provide protection and assistance, the NCW launched a WhatsApp helpline for women.
Acid attacks against women continued to cause death and permanent disfigurement. On February 28, a family member attacked a 25-year-old pregnant woman and her sister-in-law with acid in Haryana. After being hospitalized for one month, the pregnant victim succumbed to the wounds.
On July 15, Telangana police launched the “CybHer” online awareness campaign to protect women and children in cyberspace. The Telangana police chief stated that cybercrimes went up by 70 percent in the state during the COVID-19 lockdown, and women and children were the specific targets. The campaign was launched on multiple social media platforms.
Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.
In July 2018 the Supreme Court heard a public interest case seeking to ban the practice of FGM/C. The government, represented by Attorney General K. K. Venugopal, told the court that it supported the petitioners’ plea that the practice be punishable under the provisions of the penal code and the Protection of Children from Sexual Offenses Act. Days after a September 2018 meeting between the prime minister and the spiritual head of the Dawoodi Bohra community, who supports the practice of FGM/C, the government reversed its position, and the attorney general stated the matter should be referred to a five-member panel of the Supreme Court to decide on the issue of religious rights and freedom.
Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowry, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed authorities arrested 20,545 persons for dowry deaths in 2016. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling mandates all trial courts to charge defendants in dowry-death cases with murder.
So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana; they were usually attributable to the victim’s marrying against his or her family’s wishes. In April, three persons were arrested for the killing of a 19-year-old girl in Punjab. Family members allegedly poisoned the victim with sleeping pills, strangled her to death, and cremated her body. An honor killing of a 16-year-old girl was reported on May 2 in Rajasthan. She was strangled, burned, and buried allegedly by her mother and uncle because she eloped with a local boy of whom her family did not approve. The mother and uncle were arrested. On July 17 in Uttar Pradesh, a woman was shot and killed by her three brothers for marrying outside her caste two years previously. The accused also attacked the husband, leaving him grievously injured. Police arrested all three brothers.
On June 22, the Madras High Court acquitted B. Chinnasamy, who was accused in 2017 of hiring persons to kill his daughter’s husband because he belonged to a Scheduled Caste. The court also commuted the death sentences to life imprisonment for five previously convicted individuals. Several human rights activists described the verdicts as “a travesty of justice.”
There were reports women and girls in the devadasi system of symbolic marriages to Hindu deities (a form of so-called ritual prostitution) were victims of rape or sexual abuse at the hands of priests and temple patrons, including sex trafficking. NGOs suggested families exploited some girls from lower castes in sex trafficking in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb sex trafficking and sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated that more than 450,000 women and girls were exploited in temple-related prostitution.
On August 13, Telangana Scheduled Castes and Scheduled Tribes Commission chairman E. Srinivas told media that he observed continuing prevalence of the banned Jogini system, under which Dalit girls are forced into sexual slavery in the name of dedicating them to a village deity. He encouraged village chiefs to be held responsible for informing police and other authorities if such practices continued. District authorities announced protection of agricultural lands given to the rehabilitated Jogini women by the government in 1989.
No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing those who accuse others of witchcraft.
On May 4, three women in Bihar were assaulted, tonsured, stripped seminaked, and forced to consume human urine and excreta by a mob that suspected them of witchcraft. Media sources reported that no bystanders came forward to help the women. Police acted after seeing a video of the incident, arresting nine persons. According to reports, the three women, all from the same family, were performing puja, a worship ritual, for a sick child at night when they were seen by villagers who suspected them of using black magic, after which they were targeted and abused the next morning.
On August 17, media reported family members beat 30-year-old Geeta Devi for allegedly practicing witchcraft in Jharkhand’s Giridih District. Geeta died before police could arrive. The deceased’s mother in-law filed a FIR with the Gawan police station to investigate the crime.
Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior, such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography.
In February media sources reported that female trainee clerks working at the Surat Municipal Corporation were subjected to gynecological finger tests in a mandatory fitness test by female doctors at the Surat Municipal Institute of Medical Education and Research, a state-run hospital. The corporation’s employees union lodged a complaint when approximately 100 employees reported the incident. The women confided that they felt their privacy was violated when they were asked to strip naked and stand in groups while undergoing the test and being asked intimate questions about their pregnancy history. The Surat municipal commissioner formed a committee to investigate the allegations.
Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence.
The law prohibits the use of all technologies for the purpose of sex selection before or after conception. Nevertheless, although not widely enforced, policies and guidelines that penalized families with more than two children remained in place in various states. Certain states continued to maintain quotas for government jobs and subsidies for adults with no more than two children.
Many states promoted female sterilization as a family planning method, which has resulted in risky, substandard procedures and limited access to nonpermanent methods. The national government does not have the authority to regulate state public health policies. Some women, particularly poor and lower-caste women, were reportedly pressured to have tubal ligations, hysterectomies, or other forms of sterilization.
Almost all states implement “girl child promotion” programs, intended to counter prenatal sex selection. In 2015 the government launched the Beti Bachao Beti Padhao program to address a decline in the child sex ratio. According to government data, the sex ratio at birth improved from 918 girl-births for every 1,000 boy-births in 2014-2015 to 934 girl-births for every 1,000 boy-births in 2019-2020 due to the program.
The government recognized the role of health-care professionals in treating survivors of sexual violence and implemented protocols that meet the international standards for such medical care. Government directives instruct health facilities to ensure survivors of all forms of sexual violence receive immediate access to health care services, including emergency contraception, police protection, emergency shelter, forensic services, and referrals for legal aid and other services. Implementation of the guidelines was uneven, however, due to limited resources and social stigma.
For some populations, limited access to quality reproductive and maternal health care services–including prenatal care, skilled care at childbirth, and support in the weeks after childbirth–contributed to high maternal mortality. The government Office of the Registrar General Special Bulletin on Maternal Mortality in India 2016-18 estimated that the maternal mortality ratio declined to 113 deaths per 100,000 live births in 2016-2018 from 130 deaths per 100,000 live births in 2014-2016.
Care received by women, especially those from marginalized and low-income groups, at public health facilities was often inadequate, contributing to a reluctance to seek treatment. Although government initiatives resulted in a significant increase in institutional births, there were reports that health facilities continued to be overburdened, underequipped, and undersupplied.
Coercion in Population Control: There were reports of coerced and involuntary sterilization. The government promoted female sterilization as a form of family planning for decades. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods, including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.
Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There were reports these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two.
To counter sex selection, almost all states introduced “girl child promotion” plans to promote the education and well-being of girls, some of which required a certificate of sterilization for the parents to collect benefits.
Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.
Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.
In February, Minister of Women and Child Development Smriti Irani told the lower house of parliament the sex ratio at birth was showing “improving trends” and increased from 918 to 931 per 1,000 live births at the national level between 2014 and 2019. Additionally, 395 of 640 districts, according to the 2011 census, showed improvements in the sex ratio during the same period.
According to media reports, the taboo and fear of giving birth to a girl child drove some women toward sex-selective abortion or attempts to sell the baby. Dowry, while illegal, carried a steep cost, sometimes bankrupting families. Women and girl children were ostracized in some tribal communities.
Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.
Education: The constitution provides free education for all children from ages six to 14, with a compulsory education age through age 15, but the government did not always comply with this requirement. The World Economic Forum’s 2018 Gender Gap Report revealed that enrollment rates for both male and female students dropped by nearly 30 percent between primary and secondary school. Additionally, the report found that, while girls had a slight lead in primary and secondary education enrollment rates, boys had greater educational attainment at all levels.
Data from NGO Pratham’s 2019 Annual Status of Education Report (Rural) noted in January that when there was a paucity of resources and parents had to choose which child to invest in, they chose to provide “better quality” education to sons in the family.
According to UNICEF, more than 60 percent of secondary-school-age children with disabilities did not attend school. Additionally, since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.
Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment.
The India Child Protection Fund reported increased incidences of cyber or sexual abuse involving children (such as increased consumption of child pornography). With children spending more time indoors and online, often without supervision, especially during the COVID-19 pandemic, the report expressed concern that children were more vulnerable to online sexual predators.
On June 28, Kerala police arrested 47 persons across the state as a result of a large-scale investigation into online child sexual exploitation. According to a senior police official, there was a 120 percent increase in child sexual exploitation cases during the national lockdown in Kerala.
In July child rights advocates released Rights of Children in the Time of COVID-19, which contained sector-specific recommendations for state action to protect the rights of children during the pandemic. The release of the report was attended by two recently retired justices of the Supreme Court and various government officers and child rights experts and endorsed by 212 individuals and organizations.
The government sponsored a toll-free 24-hour helpline for children in distress. From January through July, the national CHILDLINE hotline for children in distress received more than 39,490 calls from the southern states of Karnataka, Kerala, and Tamil Nadu. The CHILDLINE officials noted calls concerned shelter, medical aid, child marriage, and the abuse of children.
On February 25, the Madras High Court reversed a prior lower court judgment that exonerated two teachers from allegations of sexual harassment. The court sentenced G. Nagaraj and G. Gugazhenthi to prison for three and five years, respectively, for sexually harassing several female adolescent students.
Child, Early, and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than 18 and a boy younger than 21 as illegal, but it recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address girls who were raped being forced into marriage.
In June the government constituted a task force to review the increase of the minimum permissible age for marriage of girls from 18 to 21 years. Prime Minister Modi made a special announcement of the government’s review, and there was significant advocacy against the proposal by women and child rights advocates who believed the change would limit young adults’ autonomy. Additionally, critics believed the proposal did not address the core issues regarding child marriage, such as extreme poverty and lack of education.
The law establishes a full-time child-marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.
Although the UN Population Fund (UNFPA) State of World Population 2020 report showed a decline in child marriages over the past decade, UN demographers feared the COVID-19 pandemic would have adverse effects on this progress. According to media reports, West Bengal saw more than 500 cases of child marriage between March and June during the COVID-19 national lockdown. Officials reported that in most cases underage girls were forced to marry because of their family’s loss of earnings and financial distress caused by the lockdown.
Senior officials from Karnataka’s State Commission for Protection of Child Rights reported more than 100 child marriages were conducted in the state during the national lockdown. According to a commission senior official, there were more than 550 complaints of child marriages.
Media and children’s’ rights activists believed child marriages increased in Maharashtra during the pandemic. Santosh Shinde, a former member of Maharashtra’s State Commission for Protection of Child Rights, told media more than 200 cases of child marriage were reported between March and June. Shinde said that 90 percent of these marriages were averted with the help of local authorities and vigilant local citizens. Other activists echoed the increased economic vulnerability of children due to the pandemic and the push for families to marry off their preteen daughters largely for economic benefits.
Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subject to 10 years’ imprisonment and a fine.
The law provides for at least one special court dedicated to sexual offenses against children (POCSO courts) to be set up in each district, although implementation of this provision lagged. In a December 2019 judgment, the Supreme Court gave a 60-day deadline to set up such courts in all districts with more than 100 pending cases of child sexual abuse.
Civil society welcomed these improvements in prosecution of sexual crimes against children; however, critics raised concern regarding the law for the potential to criminalize adolescents engaging in consensual sexual behavior. NCRB data showed that the number of 16- to 18-year-old “victims” under the POCSO Act was higher than the number of child victims from all the other age groups. The result of this trend was that a number of adolescent boys entered the juvenile justice system charged with rape.
On March 13, the Ministry of Women and Child Development published new rules to protect children from sexual offenses. The rules provide for speedier compensation, increasing public awareness about CHILDLINE services, and providing legal aid assistance. In addition the rules provide a directive to state governments to enact a child protection policy to ensure the prohibition of violence against children. A new provision that directs immediate financial help to victims of child sexual abuse by the Child Welfare Committees was also introduced. NGOs noted the procedure was not being implemented in a regular fashion by the committees.
In June the Delhi High Court held it is mandatory to issue notice to a complainant to ensure their presence in every bail application filed by the accused in their case. This ensures the complainant is informed of the proceedings and gets an opportunity to argue against bail. Other high courts were following suit. For instance, in July the Orissa High Court issued similar directions to the POCSO courts operating under its jurisdiction.
In June the Delhi High Court held that under the POCSO Act, 2012, and the POCSO Rules, 2020, there is no bar on a victim applying for monetary compensation more than once if their circumstances required. This was significant, since legal cases typically last for years, and a victim’s needs may grow as time passes.
The West Bengal High Court criticized the state police for not completing investigations on time in POCSO cases, a practice that led to automatic bail for the accused persons. The court directed that despite the COVID-19 pandemic, investigations must be completed on time so that the accused persons do not benefit from a delay on the part of police. A similar problem was noted in other states as well, for instance in Bihar and Delhi.
The Kerala High Court observed police officials investigating POCSO cases lacked training and related sensitivity required to handle matters pertaining to cases of child sex abuse. Collection of evidence often did not consider the trauma that the victim suffered, further deteriorating the quality of the investigation process.
Media report instances of authorities not registering cases of child sexual abuse when they are first reported. In August a POCSO court in Kerala issued a notice to police for not registering a case against doctors who knew of a child sexual abuse case but did not report it to police.
There was a continued focus on providing speedy justice to victims of sexual abuse. A 2016 study by the NGO Counsel to Secure Justice highlighted a large number of child sexual abuse cases were pending trial or delayed in trial.
Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).
Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in several group homes and orphanages.
In 2018 the National Commission for the Protection of Child Rights estimated 1,300 of the country’s approximately 9,000 shelters for vulnerable individuals were not registered with the government and operated with little or no oversight. In several cases government-funded shelter homes continued to operate despite significant gaps in mandatory reporting and allegations of abuse, at times due to alleged political connections. Police documented at least 156 residents, including sex trafficking victims, missing from six shelters as of March; at least one shelter owner had reportedly sold some of the women and girls for prostitution.
In April the Supreme Court directed state governments to improve the handling of the COVID-19 crisis among institutionalized children. The states were asked to file detailed reports, and various guidelines were issued to different child-care institutions on how to deal with the pandemic-induced crisis.
On June 24, the All India Democratic Women’s Association submitted a memorandum to the NHRC regarding the COVID-19 outbreak in the government-run shelter home for girls in Kanpur, Uttar Pradesh. Fifty-seven minor girls tested positive for the virus, five of whom were also found to be pregnant. The women’s association asserted poor handling of the first cases of COVID-19 in the shelter home, extreme overcrowding, and poor sanitary conditions exacerbated the spread of the virus and pointed to the neglect of the state government. The association, NHRC, and state commission for women demanded proper treatment for the girls and detailed reports regarding the case.
In January the Supreme Court revised the Juvenile Justice (Care and Protection of Children) Act, 2015 to prevent fewer children being tried as adults. The Supreme Court ruled that children can be tried as an adult only for “heinous” crimes that have a minimum punishment of seven years. In view of this judgment, the Juvenile Justice Board may conduct a preliminary assessment into a child’s mental and physical capacity to decide whether the child should be tried as an adult.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at .
The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights in practice.
In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.
In August the Chhattisgarh state government announced it would provide approximately $5,400 to the families of 32 tribe members who were killed by Maoist (Naxal) insurgents at a government relief camp in 2006. At that time local tribe members were forced into relief camps due to the conflict between the state-supported anti-Naxal vigilante group Salwa Judum and Maoists. The previous state government had granted assistance of approximately $1,300 to each victim’s family.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community in the eastern area of the country during the COVID-19 lockdown.
LGBTI persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.
In December 2019 parliament passed the Transgender Persons (Protection of Rights) Act, which prohibits discrimination towards transgender persons in education, health care, employment, accommodation, and other matters related to public facilities and services. According to media reports, activists viewed parts of the act as violating the right to choose gender and erecting barriers for transgender individuals to be recognized. The provisions include a requirement of transgender persons to register with the government and provide proof of having undergone gender confirmation surgery to be recognized under the act.
On May 12, five transgender individuals brought a public-interest litigation case to the Kerala High Court in protest of the living conditions of transgender communities in the state during the national lockdown. On June 8, the Kerala High Court directed the state government to provide free medicine and access to medical treatment, as well as identity and ration cards, to members of the transgender community.
On July 2, media reported the minister of state for social justice and empowerment noted the government has a responsibility to formulate programs to support the livelihood of transgender persons according to clauses in the Transgender Persons (Protection of Rights) Act.
On August 24, the Orissa High Court ruled that same-sex partners have a right to live together, and by law the female partner has a right to seek protection in the case of separation. The court ruled this in a case of two women, one of whom exercised her right to “self-gender determination” under a 2014 Supreme Court verdict and preferred to be addressed as a male. The male partner filed a habeas corpus petition seeking restoration of his female partner, who had been confined by her family at home.
Other Societal Violence or Discrimination
Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. Ministry of Home Affairs data for 2016-17 showed 703 incidents of communal (religious) violence occurred in which 86 persons were killed and 2,321 injured. According to the NHRC, there were 672 cases of discrimination and victimization against Scheduled Castes and 79 cases against minorities in 2018-19.
In April media reported state-run public Ahmedabad Civil Hospital set up segregated wards for Muslim and Hindu patients “as per [the] government decision” in a treatment facility for COVID-19 patients. Following media uproar and widespread criticism, the segregation of patients on the basis of faith was revoked, according to Muslim community sources.
In May the Rajasthan High Court granted bail to two of the four men accused in the 2018 attempted lynching of cattle trader Rakbar Khan, who later died in custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities detained him. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival.
On June 17, the Telangana High Court held the state police to account for arresting a “disproportionately high number of Muslims” for violating COVID-19 lockdown restrictions. The court noted police often used excessive force when enforcing the lockdown rules. For example, the court cited the case of a Muslim volunteer, arrested while distributing food to migrants, who required 35 stiches on his face due to police brutality. The court asked the state principal secretary for home and the director general of police to submit documentary evidence in support of their claim that action had been taken against police officials who used excessive force.
On July 14, the Untouchability Eradication Front of the Communist Party of India (Marxist) issued a report that identified 81 violent crimes against Dalits throughout Tamil Nadu, including rape and murder, during the national lockdown.
In November the Uttar Pradesh state government passed the Prohibition of Unlawful Conversion of Religious Ordinance, 2020, making forced religious conversion by marriage a criminal offense punishable by up to 10 years in prison and requiring individuals converting to another religion to notify authorities no later than 60 days prior. Opposition leaders, media, and civil society groups criticized the law as violating constitutional protections on freedom of religion and reinforcing derogatory stereotypes of Muslim men using marriage to coerce Hindu women into religious conversions, often referred to as “love jihad.” Media reports indicated the Uttar Pradesh state government filed several criminal cases against Muslim men after the passage of the law. In December the Madhya Pradesh state government passed similar legislation regulating interfaith couples and religious conversion.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right to form and join unions and to bargain collectively, although there is no legal obligation for employers to recognize a union or engage in collective bargaining. In the state of Sikkim, trade union registration was subject to prior permission from the state government. The law limits the organizing rights of federal and state government employees.
The law provides for the right to strike but places restrictions on this right for some workers. For instance, in export-processing zones (EPZs), a 45-day notice is required because of the EPZs’ designation as a “public utility.” The law also allows the government to ban strikes in government-owned enterprises and requires arbitration in specified “essential industries.” Definitions of essential industries vary from state to state. The law prohibits antiunion discrimination and retribution for involvement in legal strikes and provides for reinstatement of employees fired for union activity. In January approximately 25 million workers across the country went on a day-long strike to protest against the economic policies of the federal government.
Enforcement of the law varied from state to state and from sector to sector. Enforcement was generally better in the larger, organized-sector industries. Authorities generally prosecuted and punished individuals responsible for intimidation or suppression of legitimate trade union activities in the industrial sector. Civil judicial procedures addressed abuses because the Trade Union Act does not specify penalties for such abuses. Penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Specialized labor courts adjudicate labor disputes, but there were long delays and a backlog of unresolved cases.
Employers generally respected freedom of association and the right to organize and bargain collectively in the formal industrial sector but not in the larger, informal economy. Most union members worked in the formal sector, and trade unions represented a small number of agricultural and informal-sector workers. Membership-based organizations, such as the Self-Employed Women’s Association, successfully organized informal-sector workers and helped them to gain higher payment for their work or products.
An estimated 80 percent of unionized workers were affiliated with one of the five major trade union federations. Unions were independent of the government, but four of the five major federations were associated with major political parties.
State and local authorities sometimes impeded registration of unions, repressed independent union activity, and used their power to declare strikes illegal and force adjudication. Labor groups reported that some employers continued to refuse to recognize established unions, and some instead established “workers’ committees” and employer-controlled unions to prevent independent unions from organizing. EPZs often employed workers on temporary contracts. Additionally, employee-only restrictions on entry to the EPZs limited union organizers’ access.
In September parliament passed a series of labor laws that exempt tens of thousands of small firms from labor protections. The new laws link social benefits to the size of companies and raise the threshold from 100 to 300 workers for firms that must comply with new limitations on firings and business closures. The new threshold rescinds the rights to strike or receive benefits for workers at smaller firms. The reforms replaced 44 labor laws with four labor codes that labor experts predicted would further expand the informal-sector workforce, which had more than 400 million workers, where workers do not have formal contracts and benefits.
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor, but forced labor, including bonded labor for both adults and children (see section 7.c.), remained widespread.
Enforcement and compensation for victims is the responsibility of state and local governments and varied in effectiveness. The government generally did not effectively enforce laws related to bonded labor or labor-trafficking laws, such as the Bonded Labor System (Abolition) Act. When inspectors referred violations for prosecution, court backlogs, inadequate preparation, and a lack of prioritization of the cases by prosecuting authorities sometimes resulted in acquittals. In addition, when authorities reported violations, they sometimes reported them to civil courts to assess fines and did not refer them to police for criminal investigation of labor trafficking.
Penalties under law varied based on the type of forced labor and included fines and prison terms; penalties were not commensurate with those for analogous serious crimes, such as kidnapping. For example, bonded labor is specifically criminalized under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which prescribes sufficiently stringent penalties, and the Bonded Labor System (Abolition) Act, which prescribes penalties that were not sufficiently stringent.
Authorities decreased investigations, prosecutions, and case convictions of traffickers and decreased victim identification efforts. NGOs estimated at least eight million trafficking victims in the country, mostly in bonded labor, and reported that police did not file reports in at least half of these cases. Authorities penalized some adult and child victims for crimes their traffickers compelled them to commit.
The Ministry of Labor and Employment reported the federally funded, state-run Centrally Sponsored Scheme assisted 11,296 bonded laborers from June 2016 through February 2020. Some NGOs reported delays of more than one year in obtaining release certificates for rescued bonded laborers. Such certificates were required to certify that employers had held them in bondage and entitled them to compensation under the law. The NGOs also reported that in some instances they failed to obtain release certificates for bonded laborers. The distribution of initial rehabilitation funds was uneven across states. The majority of bonded labor victim compensation cases remained tied to a criminal conviction of bonded labor. Since authorities often registered bonded labor cases as civil salary violations, convictions of the traffickers and full compensation for victims remained rare.
Bonded labor continued to be a concern in many states; however, no reliable statistics were available on the number of bonded laborers in the country. Most bonded labor occurred in agriculture. Nonagricultural sectors with a high incidence of bonded labor were stone quarries, brick kilns, rice mills, construction, embroidery factories, and beedi (hand-rolled cigarettes) production. Those from the most disadvantaged social strata were the most vulnerable to forced labor and labor trafficking.
On March 12, Karnataka law enforcement officials, in cooperation with the state’s human rights commission and a local NGO, rescued 50 bonded laborers from three plantations in Bengaluru. The rescued laborers were all from the Irular tribe (listed in the Schedule Castes and Tribes); at least 15 of those rescued were children. The owners of two plantations were arrested under laws prohibiting bonded labor and trafficking of persons.
In May, 67 bonded laborers were rescued from a brick kiln in Uttar Pradesh with the assistance of the NHRC and NGO Justice Ventures International. The rescued workers included women and children and were returned to their villages in Bihar.
In June, 12 members of a vulnerable tribal group in Telangana received compensation of 150,000 rupees (more than $2,000) each under the bonded labor rehabilitation assistance of the central government. These were part of the 45 bonded laborers rescued from an irrigation project site in 2018.
The Sumangali or “Provident Funds” scheme remained common in Tamil Nadu’s spinning mill industry, in which employers offer a lump sum for young women’s education at the end of multiyear labor contracts, which often amounted to bonded labor.
News media and NGOs reported several instances of migrants and bonded labor abandoned at workplaces without work or financial assistance from their employers during the COVID-19 lockdown. On June 1, the Telangana High Court directed the state government to arrange for food, shelter, and transportation for an estimated 150,000 workers stranded in the 810 brick kilns across the state. The petitioner pointed out that owners were mandated under the Inter State Migrant Workmen Act to arrange for transportation of the migrant workers, but this was not done in the case of brick kiln workers.
Scheduled Caste and Scheduled Tribe members lived and worked under traditional arrangements of servitude in many areas of the country. Although the central government had long abolished forced labor servitude, these social groups remained impoverished and vulnerable to forced exploitation, especially in Arunachal Pradesh.
c. Prohibition of Child Labor and Minimum Age for Employment
All of the worst forms of child labor were prohibited. The law prohibits employment of children younger than 14. The law also prohibits the employment of children between 14 and 18 in hazardous work. Children are prohibited from using flammable substances, explosives, or other hazardous material, as defined by the law. In 2017 the Ministry of Labor and Employment added 16 industries and 59 processes to the list of hazardous industries where employment of children younger than 18 is prohibited and where children younger than 14 are prohibited from helping, including family enterprises.
Despite evidence that children worked in unsafe and unhealthy environments for long periods of time in spinning mills, garment production, carpet making, and domestic work, not all children younger than 18 are prohibited from working in occupations related to these sectors. The law, however, permits employment of children in family-owned enterprises involving nonhazardous activities after school hours. Nevertheless, child labor remained common.
Law enforcement agencies took actions to combat child labor. State governments enforced labor laws and employed labor inspectors, while the Ministry of Labor and Employment provided oversight and coordination. Nonetheless, gaps existed within the operations of the state government labor inspectorate that might have hindered adequate labor law enforcement. Violations remained common. The law establishes penalties that are not commensurate with those for other analogous serious crimes, such as kidnapping, and authorities sporadically enforced them. The fines collected are deposited in a welfare fund for formerly employed children.
The International Labor Organization estimated there were 10 million child workers between ages five and 14 in the country. The majority of child labor occurred in agriculture and the informal economy, in particular in stone quarries, in the rolling of cigarettes, and in informal food service establishments. Children were also exploited in domestic service and in the sugarcane, construction, textile, cotton, and glass bangle industries in addition to begging.
Commercial sexual exploitation of children occurred (see section 6, Children). Nonstate armed groups recruited and used children as young as 12 to organize hostility against the government in Jammu and Kashmir, including Maoist and Naxalite groups. Nonstate armed groups sometimes forced children to handle weapons and explosive devices and used them as human shields, sexual slaves, informants, and spies.
Forced child labor, including bonded labor, also remained a serious problem. Employers engaged children in forced or indentured labor as domestic servants and beggars, as well as in quarrying, brick kilns, rice mills, silk-thread production, and textile embroidery.
In May, 900 children were rescued from bangle manufacturing factories in Jaipur by a local antitrafficking unit. Of the children, 25 were working as bonded laborers and the rest were engaged in child labor, all ages 10 to 13. They were malnourished and exhausted and alleged experiences of inhuman treatment and violence. In August, 47 child workers, including 13 girls, were rescued by the Jalandhar police from a rubber footwear factory. Most of the rescued children were migrants from other states and Nepal.
d. Discrimination with Respect to Employment and Occupation
Provisions in the constitution and various laws and regulations prohibit discrimination based on race, sex, gender, disability, language, sexual orientation, gender identity, or social status with respect to employment and occupation. A separate law prohibits discrimination against individuals suffering from HIV/AIDs. The law does not prohibit employment discrimination against individuals with communicable diseases or based on color, religion, political opinion, national origin, or citizenship.
The law prohibits women from working in jobs that are physically or morally harmful, specifically the Factories Act 1948, Sections 27, 66, and 87, and the Bombay Shops and Establishments Act of 1948, Section 34-A, although the latter only applies to four states.
The government effectively enforced the law and regulations within the formal sector; however, penalties were not sufficient to defer violations. The law and regulations do not protect informal-sector workers (industries and establishments that do not fall under the purview of the Factories Act), who made up an estimated 90 percent of the workforce.
Discrimination occurred in the informal sector with respect to Dalits, indigenous persons, and persons with disabilities. Gender discrimination with respect to wages was prevalent. Foreign migrant workers were largely undocumented and typically did not enjoy the legal protections available to workers who are nationals of the country. The UN’s Committee on the Elimination of Discrimination Against Women raised concerns regarding the continued presence of sexual harassment and violence against women and girls and the repercussions on school and labor participation.
e. Acceptable Conditions of Work
Federal law sets safety and health standards, but state government laws set minimum wages, hours of work, and additional state-specific safety and health standards. The daily minimum wage varied but was more than the official estimate of poverty-level income. State governments set a separate minimum wage for agricultural workers. Laws on wages, hours, and occupational health and safety do not apply to the large informal sector.
The law mandates a maximum eight-hour workday and 48-hour workweek as well as safe working conditions, which include provisions for restrooms, cafeterias, medical facilities, and ventilation. The law mandates a minimum rest period of 30 minutes after every four hours of work and premium pay for overtime, but it does not mandate paid holidays. The law prohibits compulsory overtime and limits the amount of overtime a worker may perform. Occupational safety and health standards set by the government were generally up to date and covered the main industries in the country.
State governments are responsible for enforcing minimum wages, hours of work, and safety and health standards. The number of inspectors generally was insufficient to enforce labor law. Inspectors have the authority to make unannounced inspections and initiate sanctions. State governments often did not effectively enforce the minimum wage law for agricultural workers. Enforcement of safety and health standards was poor, especially in the informal sector, but also in some formal-sector industries. Penalties for violation of occupational safety and health standards were commensurate with those for crimes such as negligence.
To boost the economy following the COVID-19-induced lockdown, many state governments relaxed labor laws to permit overtime work beyond legislated limits. The state governments of Uttar Pradesh and Gujarat passed executive orders to suspend enforcement of most labor laws for a period of up to three years to promote industrial production.
Violations of wage, overtime, and occupational safety and health standards were common in the informal sector. Small, low-technology factories frequently exposed workers to hazardous working conditions. Undocumented foreign workers did not receive basic occupational health and safety protections. In many instances workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment.
Several states amended labor laws during the COVID-19 pandemic to allow industries to overcome the losses suffered during the lockdown while also claiming to protect the interests of workers. On May 29, the Odisha cabinet amended the Factories Act, 1948, and Industrial Disputes Act, allowing companies with a worker strength of up to 300 to terminate employment or close the units without prior approval from the government. The earlier limit was 100 workers. The government also allowed women to work during night shift hours of 7 p.m. to 6 a.m., with prior consent from the worker.
According to Geneva-based IndustriALL Global Union, more than 30 industrial accidents occurred in chemical plants, coal mines, steel factories, and boilers in power stations during May and June, claiming at least 75 lives. The organization stated “widespread use of contract workers, lack of safety inspections, inadequate penal action against safety violations and not fixing responsibility on the employer are some important factors contributing to the accidents.”
On May 7, a styrene gas leak from an LG Polymer chemical plant in Visakhapatnam, Andhra Pradesh, killed 11 persons and sickened more than 1,000. Preliminary investigations revealed the leak occurred due to a faulty gas valve. On July 7, state police arrested 12 individuals, including the company’s chief executive officer, after a probe determined poor safety protocols and a breakdown of emergency response procedures as reasons for the leak.
On July 2, four individuals died of asphyxiation in Thoothukudi District, Tamil Nadu, after entering a septic tank to remove clogged sewage. The homeowner who directed them to clean the tank was charged with negligence. A government survey in 2019 identified 206 deaths from cleaning sewers and septic tanks between 1993 and July 2019 in Tamil Nadu.
On August 1, a total of 11 workers died when a crane collapsed on them at a worksite in the government-owned Hindustan Shipyard in Visakhapatnam.
On August 21, nine workers, including seven employees of the state-owned power generation company, died in a fire accident in the Srisailam hydropower station in Telangana. A government committee assessed an electric short circuit caused the fire. Civil society activists alleged the accident was “a result of inadequate provisions in the design of the hydropower station building,” claiming “there is no evidence that the hydropower station was built to international standards.”