In a recent development, the Special NIA Court in Lucknow has made controversial statements against various civil society organizations, including the People’s Union for Civil Liberties (PUCL). These remarks have raised alarms among human rights activists, who are now urging the National Human Rights Commission (NHRC) to intervene and ensure the protection of fundamental rights.
On January 5, 2025, while ruling on cases No. 1049/2022, 1758/2022, and 2766/2022, Special NIA Court Judge V.S. Tripathi criticized human rights organizations for providing legal aid to individuals accused under the Unlawful Activities (Prevention) Act (UAPA) and other national security-related charges. The court further accused organizations like the Alliance for Justice and Accountability (New York), Citizens for Peace and Justice, Indian American Muslim Council, Rihaee Manch, South Asia Solidarity Group, and United Against Hate of exerting undue pressure on the judiciary through their reports.
Human Rights Defenders Alert have strongly opposed these observations, offering legal aid and conducting fact-finding investigations are essential democratic rights enshrined in the Indian Constitution and international law. HRDA believes that such remarks undermine the fundamental right to freedom of speech and expression and delegitimize the crucial work of human rights organizations.
Several media outlets have reported on the issue, with sources highlighting concerns about the implications of the court's statements on human rights advocacy in India, under international frameworks like the Marrakesh Declaration 2018 and the Asian Pacific Forum Regional Action Plan 2021-2025, it is the duty of national human rights institutions to protect human rights defenders and ensure that judicial and law enforcement bodies respect these principles.
We urge to the NHRC to take suo moto cognizance of the issue under Section 12(a) of the Protection of Human Rights (Amendment) Act, 2019. The petition urges the commission to intervene before the NIA Court, expunge the prejudicial remarks, and safeguard the independence and legitimacy of human rights organizations.
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