Brijesh Kushwaha, a 42-year-old human rights defender (HRD) and post-graduate, has dedicated his life to advocating for the rights of landless farmers in the rural areas near Gorakhpur, Uttar Pradesh. As the founder of Mazdoor Kisan Ekta Manch and a participant in the Laborers Farmers Unity Forum, Mr. Kushwaha has been at the forefront of organizing and empowering marginalized farm laborers.

However, his activism has seemingly drawn the ire of local authorities. On July 8, 2019, Mr. Kushwaha's house was raided, during which his laptop, cell phone, and pamphlets were seized. The most alarming incident occurred on October 18, 2023, when a large contingent of police, including personnel in black uniforms and plainclothes from the Anti-Terrorism Squad (ATS), descended on his home. This show of force created an atmosphere of fear in the entire village.

At the time of the raid, Mr. Kushwaha was at a shop located four kilometers from his home. The police split their forces, with one group surrounding his house and the other apprehending him at the shop. He was brought back to his house, where a thorough search was conducted. Authorities seized pamphlets and magazines related to events commemorating figures like Bhagat Singh, as well as his phone, without providing any legal documentation or memos for the search, arrest, or seizure of electronic devices.

Despite assurances to his family that he would be released by evening, Mr. Kushwaha was not returned home. His family was left in the dark about his whereabouts. The following day, they learned through the newspaper that he had been charged under various serious sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA), including accusations of waging war against the Government of India, conspiracy, cheating, forgery, and membership in a terrorist organization.

These charges appear to be a gross miscarriage of justice, seemingly fabricated to suppress Mr. Kushwaha's human rights work. His arrest and the manner in which it was carried out starkly violate the Supreme Court's DK Basu Guidelines, which mandate clear procedures for arrest and detention, including informing the family of the arrested person, providing arrest memos, and ensuring witness signatures.

Mr. Kushwaha remains in prison, a stark testament to the perils faced by human rights defenders in India.