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Freedom in the World 2023


INDIA

Partly Free
66
100

PR Political Rights 33 40 CL Civil Liberties 33 60

Last Year's Score & Status
66 100 Partly Free
Global freedom statuses are calculated on a weighted scale. See the methodology.



HEADER1 NOTE

The numerical scores and status listed above do not reflect conditions in Indian
Kashmir, which is examined in a separate report. Freedom in the World reports
assess the level of political rights and civil liberties in a given geographical
area, regardless of whether they are affected by the state, nonstate actors, or
foreign powers. Disputed territories are sometimes assessed separately if they
meet certain criteria, including boundaries that are sufficiently stable to
allow year-on-year comparisons. For more information, see the report methodology
and FAQ.


HEADER2 OVERVIEW

While India is a multiparty democracy, the government led by Prime Minister
Narendra Modi and the Hindu nationalist Bharatiya Janata Party (BJP) has
presided over discriminatory policies and a rise in persecution affecting the
Muslim population. The constitution guarantees civil liberties including freedom
of expression and freedom of religion, but harassment of journalists,
nongovernmental organizations (NGOs), and other government critics has increased
significantly under Modi. The BJP has increasingly used government institutions
to target political opponents. Muslims, scheduled castes (Dalits), and scheduled
tribes (Adivasis) remain economically and socially marginalized.


HEADER3 KEY DEVELOPMENTS IN 2022

 * In July, state and national lawmakers elected Droupadi Murmu, the BJP
   candidate and former governor of Jharkhand, president. Murmu is the first
   member of India’s tribal communities to serve as head of state.
 * The ruling BJP maintained control in five states in elections held in March
   and December. The Aam Aadmi Party (AAP) won in Punjab in March. The
   opposition Indian National Congress (INC) won in Himachal Pradesh in
   December, while the AAP dislodged the BJP in Metropolitan Corporation of
   Delhi (MCD) elections that month.
 * In June, thousands of people protested in several states over a BJP
   spokesperson’s remarks that were considered insults of the prophet Muhammad.
   Authorities responded forcefully; two protesters were killed in the city of
   Ranchi, where police reportedly attacked bystanders.
 * Authorities in several regions demolished Muslim-owned properties during the
   year. In April, authorities in Delhi, Gujarat, and Madhya Pradesh responded
   to unrest by demolishing Muslim-owned buildings. Authorities in Uttar Pradesh
   destroyed Muslim-owned homes in June after protests held that month.




PR POLITICAL RIGHTS


A ELECTORAL PROCESS

A1 1.00-4.00 pts0-4 pts

Was the current head of government or other chief national authority elected
through free and fair elections? 4.004 4.004

Executive elections and selection procedures are generally regarded as free and
fair. Executive power is vested in a prime minister, typically the leader of the
majority party in the Lok Sabha (House of the People), and a cabinet of
ministers nominated by the prime minister. They are appointed by the president
and responsible to the Lok Sabha. Narendra Modi was sworn in for a second term
as prime minister after the BJP’s victory in the 2019 Lok Sabha elections.

The president, who plays a largely symbolic role, is chosen for a five-year term
by state and national lawmakers. In July 2022, lawmakers elected Droupadi Murmu,
the BJP-backed candidate and former governor of Jharkhand, president. Murmu, who
took office later that month, is the first member of one of India’s marginalized
tribal communities to hold the position.

A2 1.00-4.00 pts0-4 pts

Were the current national legislative representatives elected through free and
fair elections? 4.004 4.004

All but 2 members of the 545-seat Lok Sabha, the lower house of Parliament, are
directly elected in single-member constituencies for five-year terms; the
president appoints the remaining 2 from the country’s Anglo Indian community.
Most members of the less powerful 245-seat upper house, the Rajya Sabha (Council
of States), are elected by state legislatures using a
proportional-representation system to serve staggered six-year terms; up to 12
members are appointed by the president.

The most recent Lok Sabha elections were held in seven phases in April and May
2019. The ruling BJP won 303 seats, giving its National Democratic Alliance
coalition a stable majority of 353 seats. The opposition INC placed a distant
second with 52 seats, for a total of 92 seats with its partners in the United
Progressive Alliance. Smaller parties and independents took the remainder. Voter
turnout was 67 percent. The elections were considered generally free and fair,
though some campaign-rule violations were reported.

Several state elections were held in 2022. In March, the BJP retained control of
the state assemblies in Goa, Manipur, Uttarakhand, and Uttar Pradesh, while the
AAP won in Punjab. In December, the INC won in Himachal Pradesh, defeating the
BJP. The BJP maintained control of Gujarat that same month. Also in December,
the BJP lost control of the MCD, which it held for 15 years; the AAP won 134 of
its 250 seats, while the BJP won 104.

A3 1.00-4.00 pts0-4 pts

Are the electoral laws and framework fair, and are they implemented impartially
by the relevant election management bodies? 4.004 4.004

Elections for the central and state governments are overseen by the independent
Election Commission of India, whose head is appointed by the president and
serves a fixed six-year term. The commission is generally respected and had been
thought to function without undue political interference. In recent years,
however, its impartiality and competence have been called into question.

In late 2021, the Lok Sabha passed the Election Laws (Amendment) Act 2021, which
creates a framework for linking election-roll data with Aadhaar, India’s
biometric database. The Internet Freedom Foundation (IFF) objected to the bill,
saying it would allow voter profiling, impact voters’ privacy, and lead to
disenfranchisement. In August 2022, the Hindu reported that electoral officers
threatened to remove voters from the roll unless they provided their Aadhaar
identification numbers, citing the IFF.


B POLITICAL PLURALISM AND PARTICIPATION

B1 1.00-4.00 pts0-4 pts

Do the people have the right to organize in different political parties or other
competitive political groupings of their choice, and is the system free of undue
obstacles to the rise and fall of these competing parties or groupings? 3.003
4.004

Political parties are generally able to form without interference, and a wide
variety of parties representing a range of views and interests compete in
practice. However, the ruling BJP has used various tools to limit campaigning by
opposition parties.

The opaque financing of political parties is a serious source of concern. A
system of electoral bonds, introduced in 2017, allows donor identities to be
known to the State Bank of India but obscured from the public. It has
contributed to major fundraising advantages for the BJP. In addition, the
government, through the Central Bureau of Investigation (CBI), has selectively
pursued anticorruption investigations against opposition politicians while
overlooking allegations against political allies. In September 2022, the Indian
Express reported that the CBI investigated opposition politicians since the BJP
came to power far more often, while fewer members of the ruling party were
targeted.

B2 1.00-4.00 pts0-4 pts

Is there a realistic opportunity for the opposition to increase its support or
gain power through elections? 4.004 4.004

Different parties regularly succeed one another in government at the state and
national levels. Modi and the BJP took power after the 2014 elections, ending 10
years of INC-led government, and were reelected by a wide margin in 2019. In
2022, the BJP scored victories—either alone or at the head of a coalition—in
five states, while the AAP won in Punjab and in the MCD.

B3 1.00-4.00 pts0-4 pts

Are the people’s political choices free from domination by forces that are
external to the political sphere, or by political forces that employ
extrapolitical means? 3.003 4.004

Political participation, while generally free, is hampered by insurgent violence
in certain areas. Separately, some political actors have sought to inflame
communal tensions with the goal of energizing their own supporters while
potentially intimidating opponents.

B4 1.00-4.00 pts0-4 pts

Do various segments of the population (including ethnic, racial, religious,
gender, LGBT+, and other relevant groups) have full political rights and
electoral opportunities? 2.002 4.004

Women and members of religious and ethnic minorities vote in large numbers and
have opportunities to gain political representation. In 2019, for the first
time, the rate of women’s voting in national elections equaled that of men.
Indian lawmakers selected the country’s second-ever woman president when voting
for Droupadi Murmu in July 2022. Female representation in the Lok Sabha,
however, is low. Women held 15.1 percent of its seats as of December.

Quotas ensure that 84 and 47 Lok Sabha seats are reserved for the so-called
scheduled castes and scheduled tribes, respectively. State assemblies and local
bodies feature similar quotas for these historically disadvantaged groups, as
well as for women representatives.

However, marginalized segments of the population continue to face practical
obstacles to full political representation. Muslim candidates notably won 27 of
545 seats in the 2019 Lok Sabha elections, up from 22 previously. However, this
amounted to just 5 percent of the seats in the chamber, whereas Muslims made up
some 14.2 percent of the population according to the 2011 census. By the end of
2022, no national legislator belonging to the BJP identified as Muslim.

The political rights of India’s Muslims continue to be threatened. The
Citizenship (Amendment) Act (CAA) of 2019 grants special access to Indian
citizenship to non-Muslim immigrants and refugees from neighboring
Muslim-majority states. At the same time, the government moved forward with
plans for the creation of a national register of citizens. Many observers
believe that the register’s purpose is to disenfranchise Muslim voters by
effectively classifying them as illegal immigrants. Importantly, Muslims
disproportionately lack documentation attesting to their place of birth.
Undocumented non-Muslims, meanwhile, are eligible for citizenship through a
fast-track process under the CAA.

The citizenship status of 1.9 million residents of Assam, which is home to a
significant Muslim population, remains in doubt after a citizens’ register was
finalized in the northeastern state in 2019.


C FUNCTIONING OF GOVERNMENT

C1 1.00-4.00 pts0-4 pts

Do the freely elected head of government and national legislative
representatives determine the policies of the government? 4.004 4.004

India’s elected leaders have the authority to set government policies, draft and
enact legislation, and govern the country’s territory in practice.

C2 1.00-4.00 pts0-4 pts

Are safeguards against official corruption strong and effective? 2.002 4.004

Large-scale political corruption scandals have repeatedly exposed bribery and
other malfeasance, but a great deal of corruption is thought to go unreported
and unpunished, and the authorities have been accused of selective, partisan
enforcement.

The Lokpal and Lokayuktas Act of 2013 created independent national and state
bodies tasked with receiving complaints of corruption against public servants or
politicians, investigating such claims, and pursuing convictions through the
courts. However, these agencies have been slow to begin operations. Only 7 of
the country’s 29 state-level Lokayuktas had publicly accessible annual reports
as of October 2022. Few complaints were submitted through these bodies.

C3 1.00-4.00 pts0-4 pts

Does the government operate with openness and transparency? 3.003 4.004

The public generally has some access to information about government activity,
but the legal framework meant to ensure transparency has been eroded in recent
years. The 2014 Whistleblowers Protection Act was regarded as limited in scope,
and subsequent amendments have drawn criticism for further undermining it.

Millions of requests are made annually under the 2005 Right to Information (RTI)
Act, and responses have been used to improve transparency and expose corrupt
activities. However, most requesters do not receive the information sought,
including those seeking information about core government policies, and
noncompliant officials generally go unpunished. Dozens of right-to-information
users and activists have been murdered since the RTI Act’s introduction, and
hundreds have been assaulted or harassed. In 2019, Parliament adopted amendments
to the RTI Act that placed the salaries and tenures of the central and
state-level information commissioners under the control of the central
government, potentially exposing the commissioners to political pressure.
National and state-level information commissions are hampered by staff
vacancies.


CL CIVIL LIBERTIES


D FREEDOM OF EXPRESSION AND BELIEF

D1 1.00-4.00 pts0-4 pts

Are there free and independent media? 2.002 4.004

The private media are somewhat vigorous and diverse, and investigations and
scrutiny of politicians do occur. However, attacks on press freedom have
escalated dramatically under the Modi government, and reporting has become
significantly less ambitious in recent years. Authorities have used security,
defamation, sedition, and hate speech laws, as well as contempt-of-court
charges, to quiet critical voices in the media. Hindu nationalist campaigns
aimed at discouraging forms of expression deemed “antinational” have exacerbated
self-censorship. Online disinformation from inauthentic sources is ubiquitous
ahead of elections. Separately, revelations of close relationships between
politicians, business executives, and lobbyists, on one hand, and leading media
personalities and owners of media outlets, on the other, have dented public
confidence in the press.

In addition to criminal charges, journalists risk harassment, death threats, and
physical violence in the course of their work. Such attacks are rarely punished,
and some have taken place with the complicity or active participation of police.
In April 2022, the Article 14 news site said five of its journalists were
escorted from a Hindu nationalist event in Delhi by police; demonstrators had
attacked them when learning that most of them were Muslim. Police in Delhi later
launched a case against Article 14 and journalist Meer Faisal for commenting on
the incident on Twitter.

Raids on independent outlets have become common. In October 2022, for example,
police raided the New Delhi office of the Wire along with the homes of four of
its editors. Police acted in response to a complaint lodged by BJP official Amit
Malviya, who accused the Wire of defamation over retracted articles suggesting
that he had the ability to remove Instagram posts.

In June 2022, Mohammed Zubair, a cofounder of the Alt News fact-checking site,
was arrested for allegedly inflaming religious sentiments via a Twitter post. A
complainant accused Zubair, a Muslim, of showing disrespect to a Hindu deity.
Zubair was later accused of using “offensive” language to describe Hindu
religious leaders by the Uttar Pradesh police before receiving bail in July.

D2 1.00-4.00 pts0-4 pts

Are individuals free to practice and express their religious faith or nonbelief
in public and private? 2.002 4.004

While Hindus make up about 80 percent of the population, the Indian state is
formally secular, and freedom of religion is constitutionally guaranteed.
However, a number of Hindu nationalist organizations and some media outlets
promote anti-Muslim views, a practice that the Modi government has been accused
of encouraging. Attacks against Muslims and others in connection with the
alleged slaughter or mistreatment of cows, which are held to be sacred by
Hindus, continued in 2022. The BJP has faced criticism for failing to mount an
adequate response to cow-related violence.

Legislation in several states criminalizes religious conversions that take place
as a result of “force” or “allurement,” which can be broadly interpreted to
prosecute proselytizers. Some states require government permission for
conversion.

Communal rioting occurred in multiple states in April 2022, sparked by
encounters between Muslims and those celebrating Hindu festivals.

D3 1.00-4.00 pts0-4 pts

Is there academic freedom, and is the educational system free from extensive
political indoctrination? 2.002 4.004

Academic freedom has significantly weakened in recent years, as professors,
students, and institutions have faced intimidation over political and religious
issues. Members of the student wing of the Hindu nationalist organization
Rashtriya Swayamsevak Sangh (National Volunteer Association)—from which the
ruling BJP is widely regarded to have grown—have engaged in violence on campuses
across the country, including attacks on students and professors. University
administrators and faculty have been investigated, disciplined, or compelled to
step down owing to their perceived political views. Academics face pressure not
to discuss topics deemed sensitive by the BJP government, particularly India’s
relations with Pakistan and conditions in Indian Kashmir. The heads of
prestigious academic institutions are increasingly selected for their loyalty to
the ruling party.

In February 2022, the Karnataka state government banned Muslim students from
wearing the hijab in several public institutions. In October, the Supreme Court
delivered a split verdict on the issue, with judges calling on the chief justice
to send the case to a larger bench.

D4 1.00-4.00 pts0-4 pts

Are individuals free to express their personal views on political or other
sensitive topics without fear of surveillance or retribution? 3.003 4.004

Personal expression and private discussion in India had long been open and free.
However, colonial-era and other laws are often invoked in order to penalize
perceived criticism of the government by ordinary citizens. Activists, Muslims,
and members of other marginalized communities are routinely charged with
sedition for criticizing the government and its policies. In 2021, Article 14
reported a 28 percent annual increase in sedition charges from 2014, when the
BJP came to power, to 2020. In May 2022, the Supreme Court put the colonial-era
sedition law under review, stayed ongoing related cases, and asked the central
and state governments to refrain from filing new cases. The court extended its
order in October.

Online “troll armies” associated with the BJP routinely harass
individuals—notably Muslims—and organizations for voicing criticism of the
government and for engaging in behavior that supposedly deviates from Hindu
orthodoxy.

The government has imposed rules that increase social media companies’ liability
for material posted on their platforms and effectively encourage aggressive
content restrictions. In July 2022, Twitter sued the government in the Karnataka
High Court to contest orders to remove content critical of the government from
its platform.

A nationwide Central Monitoring System is meant to enable authorities to
intercept digital communications in real time without judicial oversight. In
2021, a collaborative investigation by news organizations revealed that the
government had likely planted Pegasus spyware on the mobile devices of more than
300 prominent individuals, including opposition members, journalists, judges,
businesspeople, and minority-rights advocates. In August 2022, a committee of
experts formed by the Supreme Court concluded that 5 of the 29 phones it
examined were infected with malware but did not conclude if Pegasus was used;
the Modi government did not cooperate with the committee.

Also in August 2022, the government withdrew the Personal Data Protection Bill
2019 from parliamentary consideration; among other provisions, it would have
imposed restrictions on social media companies’ ability to use personal data,
though it was criticized for proposing relatively few restrictions on the
government itself. The BJP vowed to introduce a new bill to replace it.


E ASSOCIATIONAL AND ORGANIZATIONAL RIGHTS

E1 1.00-4.00 pts0-4 pts

Is there freedom of assembly? 2.002 4.004

There are legal restrictions on freedom of assembly, including a provision of
the criminal procedure code that empowers authorities to restrict public
gatherings and impose curfews whenever “immediate prevention or speedy remedy”
is required. State and central governments often suspend mobile and internet
service to curb protests.

While peaceful demonstrations regularly take place, the national government and
some state governments are known to employ assembly bans, internet disruptions,
and force to quell protests, while protesters have faced harsh treatment and
have been denied access to legal counsel.

Thousands of people in several states, including Gujarat and Uttar Pradesh, held
protests in June 2022, objecting to a BJP spokesperson’s May remarks that were
considered insulting to the prophet Muhammad. Authorities responded with force
and police in Jharkhand attacked bystanders. Police killed two people in the
city Ranchi, the state capital of Jharkhand, on June 10, with their relatives
accusing the authorities of applying disproportionate force. A senior police
officer in the city sustained severe injuries. Authorities in several towns
applied emergency laws to restrict gatherings. Over 300 people were arrested in
Uttar Pradesh alone by June 14.

E2 1.00-4.00 pts0-4 pts

Is there freedom for nongovernmental organizations, particularly those that are
engaged in human rights– and governance-related work? 2.002 4.004

A wide variety of NGOs operate, but some, particularly those involved in the
investigation of human rights abuses, continue to face threats, legal
harassment, excessive police force, and occasionally lethal violence.

Under certain circumstances, the Foreign Contribution (Regulation) Act (FCRA) of
2010 permits the federal government to deny NGOs access to foreign funding, and
authorities have been accused of using this power selectively against perceived
political opponents. The government cancelled the FCRA registrations of 6,677
NGOs between 2017 and 2021. In October 2022, the government canceled the
registrations of two NGOs led by former INC leader Sonia Gandhi. In December,
the government said one of the organizations lost its license because it
received funding from the Chinese embassy.

E3 1.00-4.00 pts0-4 pts

Is there freedom for trade unions and similar professional or labor
organizations? 3.003 4.004

Although workers in the formal economy regularly exercise their rights to
bargain collectively and strike, laws including the Essential Services
Maintenance Act have enabled the government to ban certain strikes. Public
employees have more limited organizing rights, and private employers are not
legally obliged to recognize unions or engage in bargaining.


F RULE OF LAW

F1 1.00-4.00 pts0-4 pts

Is there an independent judiciary? 2.002 4.004

The judiciary is formally independent of the political branches of government.
Judges, particularly in the Supreme Court, have traditionally displayed autonomy
and activism in response to public-interest litigation. However, lower levels of
the judiciary suffer from corruption, and the courts have shown signs of
increasing politicization. The government has also made judicial appointments
that observers consider political in nature.

Several key Supreme Court rulings in recent years have been favorable to the
BJP, including the 2019 decision allowing the construction of a Hindu temple on
the site of a historic mosque and a 2020 decision to deny bail to a scholar and
prominent critic of Prime Minister Modi who was charged with supporting a banned
Maoist group. In 2022, courts continued to issue rulings favoring the BJP,
including in highly controversial cases.

F2 1.00-4.00 pts0-4 pts

Does due process prevail in civil and criminal matters? 2.002 4.004

Due process rights are not consistently upheld. Citizens face substantial
obstacles in the pursuit of justice, including demands for bribes and difficulty
getting the police to file a First Information Report, which is necessary to
trigger an investigation of an alleged crime. Corruption within the police force
remains a problem. The justice system is severely backlogged and understaffed,
leading to lengthy pretrial detention for suspects, many of whom remain in jail
longer than the duration of any sentence they might receive if convicted.

A number of security laws allow detention without charge or based on vaguely
defined offenses. The Unlawful Activities Prevention Act has been used
extensively in recent years to hold individuals for long periods without trial
or specific evidence of guilt.

In August 2022, 11 men convicted of crimes against a Muslim family during
communal violence in Gujarat in 2002—including gang rape and murder—were
released from prison in what was widely regarded as a bid to secure the support
of hard-line Hindu voters ahead of the December 2022 state elections.

F3 1.00-4.00 pts0-4 pts

Is there protection from the illegitimate use of physical force and freedom from
war and insurgencies? 2.002 4.004

Torture, abuse, and rape by law enforcement and security officials have been
reported. A bill intended to prevent torture remains pending. Abuses by prison
staff against people in custody, particularly those belonging to marginalized
groups, are common. In July 2022, the Home Affairs Ministry reported that 4,484
people died in judicial or police custody in 2020 and 2021.

Security forces battling regional insurgencies continue to be implicated in
extrajudicial killings, rape, torture, kidnappings, and destruction of homes.
While the criminal procedure code requires that the government approve the
prosecution of security personnel, approval is rarely granted, leading to
impunity.

The Maoist insurgency in the east-central hills region of India continues,
though the annual number of casualties linked with it has decreased
significantly since peaking in 2010. Among other abuses, the rebels have
allegedly imposed illegal taxes, seized food and places of shelter, and engaged
in abduction and forced recruitment of children and adults. Local civilians and
journalists who are perceived to be progovernment have been attacked. Tens of
thousands of civilians have been displaced by the violence and live in
government-run camps.

Separately, in India’s seven northeastern states, more than 40 insurgent
factions—seeking either greater autonomy or complete independence for their
ethnic or tribal groups—continue to attack security forces and engage in
intertribal violence. Such fighters have been implicated in bombings, killings,
abductions, and rapes of civilians, and they operate extensive extortion
networks.

F4 1.00-4.00 pts0-4 pts

Do laws, policies, and practices guarantee equal treatment of various segments
of the population? 2.002 4.004

The constitution bars discrimination based on caste, and laws set aside quotas
in education and government jobs for historically underprivileged scheduled
tribes, Dalits, and groups categorized by the government as “other backward
classes” and “Economically Weaker Sections.” However, members of these
populations face routine discrimination and violence, and the criminal justice
system fails to provide equal protection to marginalized groups.

In parts of the country, particularly in rural areas, informal community
councils issue edicts concerning social customs. Their decisions sometimes
result in violence or persecution aimed at those perceived to have transgressed
social norms, especially women and members of scheduled castes. Other forms of
discrimination faced by women include workplace bias and sexual harassment.
Indian participation in the international #MeToo movement against sexual
harassment and assault has raised awareness of the problem, but women have also
endured reprisals after reporting cases, and the movement’s reach has largely
been limited to the country’s urban middle class.

In 2018, the Supreme Court ruled that the use of Section 377 of the penal code
to ban same-sex intercourse was unconstitutional, and courts have since pressed
state and national authorities to combat discrimination against LGBT+ people.
Such discrimination continues, however, sometimes including violence and
harassment.


G PERSONAL AUTONOMY AND INDIVIDUAL RIGHTS

G1 1.00-4.00 pts0-4 pts

Do individuals enjoy freedom of movement, including the ability to change their
place of residence, employment, or education? 3.003 4.004

The constitution grants citizens the right to reside and settle in any part of
the territory of India. However, freedom of movement is hampered in some parts
of the country by insurgent violence or communal tensions. Several states
require companies to reserve jobs for locals, limiting opportunities for
interstate migration, although enforcement of the quotas is reportedly limited.

India’s large internal migrant population suffered significant hardships during
the COVID-19 pandemic, as the government imposed an excessively harsh lockdown
that offered little assistance or security to low-paid workers. Millions were
consequently compelled to travel from cities to their native villages for lack
of employment and essential supplies. In 2021, a government think tank published
a policy framework that aimed to ease interstate movement among other goals.
This situation abated in January 2022 when the national government directed
states to shorten coronavirus-related isolation periods.

Score Change: The score improved from 2 to 3 because the government eased
COVID-19-related restrictions.

G2 1.00-4.00 pts0-4 pts

Are individuals able to exercise the right to own property and establish private
businesses without undue interference from state or nonstate actors? 2.002 4.004

Although the legal framework generally supports the right to own property and
engage in private business activity, property rights are somewhat tenuous for
tribal groups and other marginalized communities. Members of these groups are
often denied adequate resettlement opportunities and compensation when their
lands are seized for development projects. While many states have laws to
prevent transfers of tribal land to nontribal groups, the practice is reportedly
widespread, particularly with respect to the mining and timber industries.
Muslim personal status laws and traditional Hindu practices discriminate against
women in terms of property rights and inheritance.

Muslim-owned properties were demolished by authorities in several areas in 2022.
In April, authorities in Delhi, Gujarat, and Madhya Pradesh responded to
communal unrest by demolishing Muslim-owned structures. In June, authorities in
Uttar Pradesh destroyed three Muslim-owned houses in an apparent act of reprisal
against protests; authorities claimed the homes were illegally constructed. In
October, authorities in Madhya Pradesh destroyed three men’s homes after they
were accused of throwing stones during a Hindu ceremony. In June, three UN
special rapporteurs wrote a letter objecting to the practice.

Score Change: The score declined from 3 to 2 because officials in several areas
demolished property owned by Muslims.

G3 1.00-4.00 pts0-4 pts

Do individuals enjoy personal social freedoms, including choice of marriage
partner and size of family, protection from domestic violence, and control over
appearance? 2.002 4.004

Rape and other sexual abuse are serious problems, and scheduled-caste and tribal
women are especially vulnerable. Mass demonstrations after the fatal gang rape
of a woman on a Delhi bus in 2012 prompted the government to enact significant
legal reforms, but egregious rape cases continue to surface. The criminal
justice system as well as prominent politicians have been repeatedly faulted for
their poor handling of such matters.

Despite criminalization and hundreds of convictions each year, dowry demands
surrounding marriage persist, sometimes resulting in violence. A 2006 law banned
dowry-related harassment, widened the definition of domestic violence to include
emotional or verbal abuse, and criminalized spousal sexual violence, but
enforcement is reportedly poor.

In August 2022, the Supreme Court expanded the official definition of the family
to include same-sex parents and other households that had been deemed
“atypical.”

Several BJP-led states have passed or proposed laws meant to stem the alleged
practice of “love jihad”—a baseless conspiracy theory according to which Muslims
marry Hindu women with the goal of converting them to Islam. The legislation
effectively created obstacles to interfaith marriages and raised the risk of
legal penalties, harassment, and violence for interfaith couples. In February
2022, the BJP argued for toughening penalties on interfaith marriages ahead of
the Uttar Pradesh state elections.

Muslim personal status laws and traditional Hindu practices feature gender
discrimination on matters such as marriage, divorce, and child custody. A Muslim
divorce custom allowing a man to unilaterally divorce his wife was criminalized
in 2019. The malign neglect of female children after birth remains a concern, as
does the banned use of prenatal sex-determination tests to selectively abort
female fetuses.

G4 1.00-4.00 pts0-4 pts

Do individuals enjoy equality of opportunity and freedom from economic
exploitation? 2.002 4.004

The constitution bans human trafficking, and bonded labor is illegal, but
estimates of the number of workers still affected by the practice range from 20
to 50 million. A 2016 law allows children below the age of 14 to engage in
“home-based work,” as well as other occupations between the ages of 14 and 18.
Children are not permitted to work in potentially hazardous industries, though
the rule is routinely flouted. The use of child labor reportedly surged during
COVID-19 lockdowns, as schools were closed and families faced severe economic
hardships. There have been reports of complicity by law enforcement officials in
human trafficking.

ON INDIA

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COUNTRY FACTS

 * GLOBAL FREEDOM SCORE
   
   66 100 partly free

 * INTERNET FREEDOM SCORE
   
   51 100 partly free


OTHER YEARS

 * 2022
 * 2021
 * 2020
 * 2019
 * 2018
 * 2017


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