08 Nov 24 | Azerbaijan, Mozambique, News and features, Newsletters, United States
Apologies for another newsletter hitting your inbox that opens on the US election results, but it feels remiss not to talk about something that could have large implications for global free expression. Donald Trump is not a free speech hero. As I wrote on Wednesday here his attacks will start with the media. Where they will stop is anyone’s guess. To say we are unnerved by the prospect of another four years of Trump is to understate. With him at the helm the USA could become a hybrid regime, a country merging autocratic features with democratic ones.
While our concerns are first for the people in the USA, we are also worried about what this means globally. Who will criticise China, Russia, Saudi Arabia and the like for their gross attacks to free expression with the same clout as the USA? What terrible things will happen while we are all distracted by the clown in the White House?
But on the note of distraction, I want to end there in terms of Trump and instead talk about other things of import from the world of free expression this week.
First up, Cop29. It starts on Monday and it is keeping to tradition, namely being held in a country that thrives on both oil and the suppression of human rights – in this case Azerbaijan. The Azerbaijan government has long engaged in a crackdown on civil society, which has only heightened over the last few years. Azerbaijan authorities claim they are “ensuring everyone’s voices are heard” at Cop29. This is a lie. Prominent activists, journalists and government critics have recently been jailed, including key voices on the climate crisis. In April, for example, they arrested prominent climate justice activist Anar Mammadli and placed him in pre-trial detention, where he remains.
Such harassment has forced many local activists to leave Azerbaijan. Those who remain risk prosecution and retaliation if they dare voice criticism during Cop29. One person who is not deterred is Danish artist Jens Galschiøt (the artist behind the Tiananmen Pillar of Shame). He and his team are currently transporting three sculptures to Baku to highlight climate injustice. We will be watching closely what happens next.
Beyond Baku, we were disturbed to read this week of a Papuan news outlet, Jujur Bicara (also known as Jubi), which was attacked with a bomb. The bomb damaged two cars before staff at the paper were able to put out the fire. Jubi editor Victor Mambor said that he’s been the victim of a string of attacks, which he believes relate to his work.
As we approach the year’s end we’re reflecting on just what a brutal year it has been for media freedom. Ditto protest rights. Those protesting Mozambique’s election last month can attest to this – at least 18 have been killed since the 9 October vote, with police firing tear gas at protesters this week in the capital Maputo, while in Belarus around 50 people were recently detained, all of whom were connected to peaceful protests around the 2020 elections.
Finally, a good news story, of sorts. The Satanic Verses is no longer banned in India. A court in the country overruled a decades-long import ban on the book. I say good news of sorts because lifting the ban seems to be down to an administrative error. A petition was filed in 2019 on the grounds that the ban violated constitutional rights to freedom of speech and expression. The man who filed the petition, Sandipan Khan, requested a copy of the notification that banned the import of the book back in 1988. When he was informed that the document could not be located, the Delhi High Court ruled that it had “no other option except to presume that no such notification exists”. It’s not every day we get wins in the free speech world so we’ll take this one.
On the note of Salman Rushdie, who was our 2023 Trustees Award winner at our annual Freedom of Expression Awards, we’ve just announced the shortlist for our 2024 awards. Click here to see the amazing individuals and organisations who are holding the line on free expression today. And if you value free expression and you have been rattled by the events of this week please do consider donating to Index. We’re a small charity with big ambitions and a lot of that is down to the support of people like you.
Thank you and take care.
07 Nov 24 | India, News and features, Volume 53.03 Autumn 2024
The four editors of Assam’s English daily, The Drongo Express, meet in person once or twice a month. They sit hunched over their laptops and notebooks – either at parks or in someone’s house in Diphu, where the paper is headquartered – figuring out how to keep their newspaper afloat.
One of them, Helvellyn Timungpi, from the tribal district of Karbi Anglong, told Index: “Last year, our publisher decided to walk away from the newspaper. We who were on the editorial board came together and signed the partnership deed and got a transfer of ownership. We didn’t have any other employment, and we wanted to stop this newspaper from going down the drain.”
Like many newspapers in North East India – which is made up of eight states including Assam – The Drongo Express relies heavily on advertisements placed by government departments. “We haven’t received a single penny since last October,” said Timungpi.
“If we were receiving our bills regularly, we would be OK.”
Home to about 140 notified Scheduled Tribes [indigenous groups], the region remains poorly covered by the mainstream media. Most Delhi-based media houses continue to employ just one reporter in the region. Others send journalists to cover only stories of extreme violence – for instance, the ongoing ethnic conflict in Manipur or the botched security operation in Nagaland that led to several civilian deaths. Local news channels, newspapers and websites have played a significant role in filling this gap.
Karma Paljor, a former news anchor and founder of EastMojo – the first and only independent digital news outlet that primarily covers the North East – said media ownership was a big problem.
“Anyone with a reasonable amount of money, including contractors, lobbyists and politicians can start a media organisation,” he said. “There are very few newspapers here that stand for balanced news.”
The demographic complexity of the region also plays a part.
“On account of the region’s layered contemporary history as well as ethnic and linguistic faultlines, most local publications do tend to be nativist and, in many cases, unabashedly take sides on polarising topics such as immigration,” explained Tora Agarwala, an independent journalist based in Assam.
Media organisations in the region are often faced with a lack of revenue and resources. Kenter Joya, the managing editor of the Arunachal Pradesh-based Eastern Sentinel, said: “The cost of printing papers is 15 rupees, and we are selling it at three rupees. Vendors take 50% of this money … we try to make it up through advertisements from state government, which constitute 65% of advertisements placed, and corporate advertisements.
“Annually, bi-annually, we receive only 50-60% of what we are owed for the advertisements.”
She said she wondered if payment was being withheld as a form of punishment.
Meanwhile, repeated calls for subscriptions, especially by independent outlets such as EastMojo, haven’t yielded many results.
“The people of the North East are not aware of the power of media, hence they aren’t able to fathom why they should support us,” Paljor said.
“I don’t know who to blame,” said an exasperated Timungpi. “No matter how penniless I become, I want to cling to this profession. But it pains me when my three children have nothing to eat.”
24 Oct 24 | India, News and features, Volume 53.03 Autumn 2024
On 25 June this year 40-year-old journalist Shivshankar Jha was returning to his home in Muzaffarpur, in the eastern frontier state of Bihar, when he was set upon by a group of men. He was taken to hospital with multiple stab wounds and later died of his injuries.
He worked for several Hindi news outlets in the region and had been reporting on liquor smuggling. His family said he had received death threats and blamed the criminal gangs he had been investigating.
In July, Unesco director-general Audrey Azoulay said: “I condemn the killing of Shivshankar Jha and call for a thorough investigation to ensure that the perpetrators are brought to justice. Journalists play a vital role in investigating crime and wrongdoing, and impunity for crimes against them must not prevail.”
This is not an isolated case. Waheed Azam, of Patna-based Democratic Charkha, explained that the illicit trade in alcohol and raw materials such as sand was open to exploitation from criminal gangs.
“Journalism in Bihar is extremely challenging,” he said. “The last decade has been marked by political instability, with frequent changes in government. Meanwhile, illegal liquor smuggling and the sand mafia have shaken the state’s economy. If you publish a report that displeases the mafia or those in power, you end up either dead or framed in false cases.”
Madhubani is globally renowned for its ancient tradition of painting. However, on 12 November 2021, the headlines were not about the city’s art but about the brutal murder of a 26-year-old journalist named Avinash Jha.
Jha, who worked for the local news website BNN, was found dead, his body charred beyond recognition. He had been missing for three days.
He had published a series of news reports exposing illegal nursing homes operating in the district, after which he began receiving threatening phone calls.
His last Facebook post read: “A major exposé on illegal nursing homes is coming soon.”
Kanhaiya Mishra, the editor of BNN News in Madhubani, called on the Central Bureau of Investigation to take up his colleague’s case.
“There was never an impartial investigation. Initially, the police tried to frame the murder as the result of a love affair, but everyone knows why Avinash [Jha] was killed,” he said.
One of the most notorious cases was the 2016 murder of Rajdev Ranjan in Siwan.
Ranjan, 46, had recently become bureau chief at the Hindustan Daily, where he had published several reports on the criminal activities of former MP and notorious gangster Mohammad Shahabuddin. His final report focused on how Shahabuddin continued to operate his gang from behind bars.
The Bihar police and the CBI have a track record of failure in solving journalists’ murders. In the Ranjan case, the CBI told a court in 2022 that the key witness, Badami Devi, had died.
She later appeared in court with all her identification documents.
Ranjan’s wife, Asha Devi, recalled: “The day after his murder was supposed to be our wedding anniversary. I was waiting for him, but he never came back. Everyone knows who ordered his murder, but people are too scared to even mention his name. Why? Because he is a powerful gangster and a former MP.”
Two common threads run through these cases: all the journalists were local reporters, covering grassroots issues in Bihar, and none of the cases has resulted in the conviction of the perpetrators. Bihar ranks high for incidents of violence against journalists but, living in the poorest and most backward state in the country, its local journalists often find no one to take up their cause.
17 Oct 24 | Canada, India, News and features, Volume 53.01 Spring 2024
This article was first published in the Spring 2024 issue of Index on Censorship. We are republishing it here after Canadian prime minister Justin Trudeau accused India of making a “horrific mistake” in violating Canadian sovereignty at an inquiry into the death of Hardeep Singh Nijjar.
Last June, Hardeep Singh Nijjar, a 45-year-old Sikh activist campaigning for Khalistan, a separate homeland for his co-religionists, was shot dead in British Columbia, Canada.
The murder happened in a car park, and a video emerged of his body collapsed over the steering wheel. Three months later, Canadian Prime Minister Justin Trudeau claimed there were “credible allegations” that the Indian government was involved in the murder. India reacted angrily, terming Trudeau’s charge “absurd”. India removed diplomats from Canada, asked Canada to reduce its diplomatic presence in India, and significantly delayed Canadian visa applications. The USA, Canada’s closest ally, expressed concern but did not say more.
In recent years, India’s strategic importance has increased for three reasons: its growing economy, its outwardly democratic credentials and its potential emergence as the counterweight to China – not only in Asia but on the international stage.
Western governments have been queuing up to invite Prime Minister Narendra Modi to visit their countries and rolling out the red carpet for him, or they’ve been visiting India and announcing investment deals – even if actual inflows may be puny compared with the bombastic claims.
Sikhs and India
Sikhs form about 2% of India’s population, and most of them live in the fertile and prosperous state of Punjab along with Hindus, Muslims and others. In the early-1970s, the Shiromani Akali Dal, a political party representing Sikh and Punjabi interests, passed a resolution seeking greater autonomy. By the late 1970s, a militant movement emerged, seeking an independent homeland called Khalistan, carved out of India.
Extremists representing Khalistani interests attacked government targets and terrorised civilians. Many militants garrisoned themselves in the holiest Sikh shrine, Amritsar’s Golden Temple, and in June 1984 then prime minister Indira Gandhi sent troops into the temple to eliminate the threat.
Hundreds died in what became known as Operation Bluestar. Four months later, on 31 October, Gandhi was assassinated by two of her bodyguards – both Sikh. In the retaliatory violence that followed, thousands of Sikhs were killed in northern India.
Indian security forces pursued the militants ruthlessly, and the Khalistan movement subsided. It survives among Sikhs abroad who dream of an independent Sikh nation, but in India there is little support for Sikh separatism.
However, Sikhs overseas and in India remember the attack on the Golden Temple, the pogrom of Sikhs in 1984 and the lack of justice. While Indian leaders have since expressed regret over the violence, and a Sikh economist – Manmohan Singh – was India’s prime minister from 2004 until 2014, the wounds have not healed. That accounts for the nostalgic longing for an independent homeland among some Sikhs abroad.
Nijjar’s killing would have remained largely forgotten, but in November the USA charged an Indian national, Nikhil Gupta, with attempting to hire an assassin to kill Gurpatwant Singh Pannun, a Sikh separatist leader who is the general counsel for Sikhs for Justice and who lives in the USA. Gupta, the USA alleged, was acting under the directions of an Indian government official and had offered $100,000 to a potential assassin.
He did not know that the man he was trying to hire was, in fact, a US agent, and Gupta is now in a Czech jail, awaiting extradition to the USA.
While the Indian government denied any role, its response to the US charge was more muted and less full of bluster than its response to Trudeau. US President Joe Biden was invited as the guest of honour to India’s day of pomp and glory – the Republic Day parade – in January this year. Biden did not make the trip and while he did not give any specific reason, diplomatic circles believe it was meant as a snub to India, which has elections later this year. The incumbent Modi would have loved the footage of Biden by his side, watching the might of India’s defence forces marching by.
There is no evidence of India’s role in either Nijjar’s murder or the plot against Pannun, and they could just as easily have been rogue operations. But the US charge-sheet is fairly detailed, and India’s subdued response raises questions. India’s current government has long admired the long reach of Israel’s Mossad, which has a record of carrying out spectacular attacks against those Israel considers its enemies.
Could some Indian officials have been tempted to imitate Israel as a form of flattery?
Transnational repression
Carrying out violent acts against individuals or organisations that a government considers hostile to its interests in a friendly country is an extreme form of transnational repression. But India has practised many other subtler forms of preventing contact between Indian dissidents seeking a global platform and foreign researchers or journalists wishing to report on India. It has expelled journalists, prevented academics from entering the country, stopped its own journalists or human rights activists from travel and got Indian embassies to complain loudly against foreign reporting of India.
Most recently, Vanessa Dougnac, who had been the longest-staying foreign correspondent in India, said she would leave the country after India revoked her status as an Overseas Citizen of India (OCI). (She is married to an Indian national, and so qualifies for such a status.) The title is misleading: OCI does not grant any citizenship rights such as the right to vote, but it grants the individual a permanent, long-stay visa and the ability to work (except in certain sectors). Dougnac was told her reporting for various French publications created a “biased, negative” perception of India. She wrote a heartfelt lament while leaving the country she considers her own, saying the government’s onerous conditions made it impossible for her to work there.
Earlier, the overseas citizenship of Ashok Swain, who teaches peace and conflict studies at Uppsala University in Sweden, was revoked. In November 2020, Swain was informed his OCI would be revoked because of his “inflammatory speeches” and “anti-India activities”. Swain asked for specific instances and requested for the decision to be overturned so he could visit his unwell mother back in India. His request was denied.
Swain sued the government, and in July 2023 the court ruled in his favour, saying the government needed to provide proper reasons. Later that month, the Indian embassy in Stockholm sent him another note, long on rhetoric and short on specifics, saying he was “hurting religious sentiments”, “destabilising” India’s social fabric and “spreading hate propaganda”. Swain was tweeting too much and too critically about India, the order said, hurting the country’s image abroad. Swain’s case will be heard in May.
The OCI status was created not as a right but as a privilege or an entitlement, because people of Indian origin who lived abroad had been clamouring for dual nationality, which Indian laws don’t permit. It was created in 2005 under the 1955 Citizenship Act, which allows foreign citizens of Indian origin or foreigners married to Indian citizens to enter the country without a visa and reside, work and hold property there, among other benefits.
But lately the government is wary of OCI journalists and academics visiting or living in the country, especially if the government does not like their reporting or investigations. In March 2021, India required OCIs to seek a permit to conduct research, for mountaineering, for missionary, journalistic or Tablighi (a Muslim sect) activities, or to visit any area of India deemed as “protected”.
According to the human rights and law-focused web portal Article 14, which has examined the issue in great detail, more than 4.5 million people around the world are OCIs, and data released by the government in response to an inquiry under India’s Right to Information Act, showed that the Modi administration had cancelled at least 102 OCI cards between 2014 and May 2023. In theory, those whose OCIs are cancelled can apply for a regular visa to visit India, but the government reserves the right to blacklist them which would, in effect, bar them forever from entering the country.
In November 2022, 82-year-old UK-based activist Amrit Wilson received a letter that tore to shreds her official ties with India. The letter, from the Indian high commission, blamed her for “anti-India activities” and for making “detrimental propaganda” which was “inimical” to India’s sovereignty and integrity. There was, of course, no evidence – but she was asked to provide reasons within a fortnight why her status should not be revoked. Wilson sent a detailed response, but several months later the government replied that her response wasn’t “plausible”, and cancelled her status. She is now appealing through the Indian court system. In its response, the government pointed out some of her tweets for being critical of the government and an article that opposed the revoking of the special status granted to the erstwhile state of Jammu and Kashmir.
The government claims it can cancel the status of those who have shown “disaffection to the constitution” or “assisted an enemy during war”, or done anything that it believes is against the interests of “sovereignty, integrity and security” of India.
Chetan Ahimsa (Kumar), a leading actor in Kannada films, had his status revoked briefly, too. Ahimsa is a US citizen. He was arrested in India after he criticised a ban on Muslim students wearing the hijab in schools in the southern state of Karnataka. In court, the government said India could expel people who were “undesirable” and foreigners did not have the right to free speech in India. The court stayed the cancellation.
More famously, in 2019, the USA-based writer Aatish Taseer, whose mother is the Indian journalist Tavleen Singh and whose father is the slain Pakistani politician Salman Taseer, had his overseas citizenship cancelled after he wrote a cover story in Time magazine asking if India could survive another five years of Modi.
In Taseer’s case, the government claimed his status was revoked because he had “concealed” the fact that his father was a Pakistani national. Earlier, in 2014, Christine Mehta, a researcher at Amnesty International, had her OCI revoked after she studied India’s human rights record in Jammu and Kashmir.
A gigantic conspiracy?
A web-based portal called Disinfo Lab has, according to a report in The Washington Post, been compiling information of critics overseas, Indian or not, and blaming them for undermining India. The portal establishes links between the critics and the philanthropic billionaire George Soros, sometimes by connecting disconnected dots, to present an image of a gigantic conspiracy.
At the same time, foreign-based web portals critical of India are being taken offline inside the country. The latest to suffer such erasure is Hindutva Watch, which compiled human rights violations by Hindu fundamentalists. India has escalated demands on X, formerly Twitter, and many accounts critical of the government have been “withheld” recently, including those operated by foreigners who live abroad. X has complied, but issued a statement expressing disapproval of the government’s action. Clearly, X’s owner Elon Musk, who claims to champion free speech, has a different standard for different countries, and in the Indian case, he has meekly complied with many requests.
Academics are also being turned away. Within weeks of Modi’s election in 2014, Penny Vera-Sanso, of Birkbeck University in London, who had been visiting India since 1990 and writes about gender, was denied entry. In 2022, Lindsay Bremner, who teaches architecture at the University of Westminster, had a valid research visa when she arrived in India, but was told at the airport that she could not enter. Earlier that year, Flippo Osella, who teaches anthropology at the University of Sussex, was sent back. He is an expert on Kerala and has been visiting India for 30 years. The government claimed his research on caste was deemed “sensitive”. Osella understands Malayalam and has studied the Ezhava community. He has written about Mamootty, a popular actor in Kerala, and was working with local institutions on predicting weather. His research was supported by the UK government, but he was treated brusquely and not allowed to contact friends in India.
India has also barred writers and academics who have tourist visas but who might conduct research, which would technically violate Indian rules. In 2018, Kathryn Hummel, an Australian poet, was turned away at Bangalore airport and Pakistani researcher Annie Zaman was similarly sent back and prevented from attending a conference in Delhi. When I sought out some of the academics denied entry, none of them wanted to speak, on or off the record, because they did not wish to jeopardise their visas in the future. Some American journalists, Indian origin or otherwise, too have had visa requests delayed or denied.
When graduate students and academics at several US universities organised a three-day conference in 2021 called Dismantling Global Hindutva, which examined the rise of Hindu nationalism in India and its effects on Indian society, several academics and potential speakers were warned off from participating, and a few backed out, so as not to jeopardise future visits to India. Indian residents in the USA who support the Indian government wrote to faculty heads and university administrators complaining against those academics. Academics in the USA who are of Indian origin and are critical of India have frequently been targeted by concerted efforts from pro-government overseas Indians, calling for their dismissal or for them to be disciplined.
Several journalists and human rights activists living in India find themselves mired in legal cases, which means they must have clearance from courts or other appropriate authorities before leaving the country. This has prevented several writers and human rights activists from participating at events overseas.
Others with clean records also find that they are suspect. Sanna Irshad Mattoo, a Kashmiri photojournalist whose photographs earned her the Pulitzer Prize in 2022, was prevented from leaving for Paris to launch a book featuring her work, even though she had a valid French visa.
India is erecting a barrier between scholars and their subjects, reporters and their stories, and closing off doors and windows, narrowing Indian minds and hardening outlooks.
And it flexes its muscles abroad, shouting at critics, preventing their travel and access, and – if the Canadian and US accusations are true – attempting to eliminate those it disagrees with.
But it will hold elections in a few months, and encomiums praising the world’s largest democracy will follow. Naturally.
