The International Bar Association's Human Rights Institute (IBAHRI) strongly condemns the mass detentions, excessive use of force by police and severe restrictions on fundamental freedoms imposed by the Indian authorities in response to protests in New Delhi. The reportedly aggressive response to public dissent and lack of procedural safeguards in the recent demonstrations violate international human rights standards that specifically safeguard freedom of peaceful assembly, due process and unobstructed access to legal representation. The IBAHRI warns that weaponising law enforcement to suppress public accountability threatens the core tenets of the rule of law.
The reported crackdown follows widespread demonstrations by the youth-led movement known as the Cockroach Janta Party (CJP), alongside opposition parties and civil society groups, challenging the Election Commission's contentious Special Intensive Revision of electoral rolls. Critics allege that the revision, which has reportedly removed more than 130 million names from voter lists since 2025, disproportionately disenfranchises minority communities, benefits the ruling Bharatiya Janata Party (BJP) and undermines the fairness and inclusivity of the democratic process.
In response to the demonstrations, the authorities have reportedly imposed extensive security restrictions, including internet shutdowns, blanket prohibitory orders and the suspension of public transport services. Up to 7,000 individuals, including students, opposition figures, human rights defenders, lawyers and journalists, have reportedly been arbitrarily detained. Concerns have also been raised about the level of access to legal representation allowed to detainees and the procedural safeguards afforded to them.
In addition, human rights organisations and press freedom groups have documented allegations of excessive police force, the seizure of phones and equipment used by journalists and incidents of sexual harassment targeting female reporters. These reports raise urgent questions about the treatment of detainees, the protection of journalists covering public demonstrations and the ability of civil society to scrutinise the actions of state authorities.
The IBAHRI joins international calls, including those by the United Nations Office of the High Commissioner for Human Rights, for the protection of fundamental freedoms and respect for international human rights obligations. India is a party to the International Covenant on Civil and Political Rights (ICCPR) , a treaty that protects the rights to freedom of expression (Article 19) and peaceful assembly (Article 21). Restrictions on these rights must satisfy the requirements of legality, necessity and proportionality; maintaining public order cannot serve as a blanket justification for suppressing peaceful dissent.
The ICCPR also protects the right to liberty and security of person (Article 9) and guarantees fair trial safeguards (Article 14). Authorities must ensure that any deprivation of liberty is lawful, that detainees can challenge the legality of their detention before a court and that access to legal assistance is respected in accordance with applicable international obligations.
IBAHRI Co-Chair, Mark Stephens CBE, commented: 'The sweeping crackdown in New Delhi, marked by mass detentions, blanket restrictions on, and the criminalisation of, public assemblies, the use of force against demonstrators and interference with a free press, represents a critical threat to the protection of fundamental freedoms and democratic accountability. Peaceful dissent is a lifeblood to democracy. We must protect the right to free expression, to question electoral integrity, to challenge even the most powerful institutions and to demand accountability without fear of arrest, intimidation or reprisal. When the public questions the State, the response must be grounded in constitutional safeguards, due process and respect for human dignity.'
IBAHRI Co-Chair, Hina Jilani, said: 'The scale and nature of the reported crackdown in India under the pretext of maintaining public order raise serious concerns under international human rights law. The reported disregard for fundamental safeguards risks undermining institutional accountability and the rule of law. National sovereignty does not absolve a state from its obligations. The authorities must ensure effective independent judicial oversight, accountability for violations, access to information and protection of fundamental freedoms. The IBAHRI calls for the immediate cessation of the mass and arbitrary detentions and restrictions on peaceful demonstrations and movement, and for prompt, independent investigations into all allegations of state-sponsored intimidation and misconduct.'
IBAHRI Director, Baroness Helena Kennedy LT KC, remarked: 'The reports emerging from India are deeply disturbing and signal a dangerous departure from democratic norms. Dissent involves the exercise of rights by the individual and or collective rights to expression, association, assembly and participation in public affairs. No state authority is above the law, and emergency powers cannot be weaponised to legitimise human rights abuses. The right of citizens to peacefully contest the integrity of their democratic institutions must be robustly safeguarded. The authorities must ensure prompt judicial review of all detentions, investigate allegations of police misconduct and guarantee access to legal representation. Additionally, they must ensure that free expression and access to information during civic unrest are protected.'
