The Asian Forum for Human Rights and Development (FORUM-ASIA) has raised serious concerns over a systemic pattern of repression in India, including censorship of independent media and criminalisation of peaceful dissent.
The organisation’s statement, issued on 27 May 2025 from Bangkok, follows a wave of state actions linked to Operation Sindoor—a military strike across the Line of Control in Pakistan-administered Kashmir—and subsequent national security escalations.
According to FORUM-ASIA, these measures represent a broader trend in which national security is invoked to suppress civil liberties and silence critics.
Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA, stressed that, “The protection of dissent, academic freedom, and a free press is not optional. It is foundational to the rule of law and a functioning democracy.”
The most recent incidents include widespread online censorship and the arrest of an academic, viewed by rights groups as indicative of a legal framework increasingly weaponised to penalise critical expression.
In May 2025, Indian authorities reportedly blocked over 8,000 social media accounts. The accounts were accused of spreading “anti-India” misinformation related to Operation Sindoor.
Among those blocked were foreign media outlets including BBC Urdu, China’s Xinhua News Agency, and Turkey’s TRT World, as well as Indian platforms such as the Wire, Outlook India, and Maktoob Media.
Kashmir-based outlets like Free Press Kashmir and Kashmir Life were also affected. Many of these takedowns were executed without formal notice or due process, under Section 69A of the Information Technology Act 2000.
FORUM-ASIA criticised the use of this provision as contrary to India’s obligations under Article 19 of both its Constitution and the International Covenant on Civil and Political Rights (ICCPR).
The organisation noted that the opaque nature of content takedowns and the absence of judicial review severely restrict access to information and erode public trust in legal safeguards.
Bacalso added, “Freedom of expression is not a threat to national security; it is the bedrock of any functioning democracy.”
Digital censorship, according to FORUM-ASIA, disproportionately impacts historically marginalised communities and contributes to the shrinking of civic space both online and offline.
Platforms often comply with takedown requests under governmental pressure, but the lack of transparency and remedies for users undermines the United Nations Guiding Principles on Business and Human Rights.
On 18 May 2025, Professor Ali Khan Mahmudabad of Ashoka University was arrested in Haryana. The arrest followed social media posts in which he called for de-escalation and critiqued the glorification of war.
He also spoke against online abuse targeting India’s Foreign Secretary Vikram Misri, who had announced a ceasefire with Pakistan.
Right-wing groups condemned Misri’s actions as weak, fuelling coordinated attacks online. Mahmudabad’s support for a peaceful resolution and criticism of nationalist rhetoric were cited in two First Information Reports.
He was charged under provisions of the Bharatiya Nyaya Sanhita, including Section 152, which penalises actions “endangering the sovereignty, unity and integrity of India.”
This section has drawn comparisons to the repealed sedition law under Section 124A of the Indian Penal Code.
Although the Supreme Court granted Mahmudabad interim bail on 21 May, it imposed restrictions on his speech and ordered a special investigation team to analyse his posts.
Rights groups say such steps risk legitimising overreach and undermine academic freedom by equating critical discourse with criminal behaviour.
FORUM-ASIA stated that criminal charges under vague and broad provisions—such as promoting enmity or disturbing public order—often fail to meet legal thresholds for necessity and proportionality.
While Article 19(1)(a) of the Constitution guarantees free expression, and Article 19(2) permits only limited restrictions, current practices appear to extend far beyond these constitutional constraints.
FORUM-ASIA called on Indian authorities to lift prior restraint orders and end arbitrary censorship.
The organisation also urged the government to develop transparent and accountable mechanisms for regulating digital content that align with democratic norms.
India, as a party to the ICCPR and through Supreme Court rulings affirming freedom of speech, is legally bound to ensure that restrictions are lawful, necessary, and proportionate.
Continued deviation from these principles, the statement warned, undermines democratic legitimacy, the rule of law, and public confidence in the justice system.
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