This report highlights the adverse impact of India’s Anti-Money Laundering (AML) and Counter Financial Terrorism (CFT) regime, which has undergone significant changes based on FATF recommendations, on human rights defenders and civil society actors. It focuses on three key laws that form the foundation of India’s counter-terrorism framework: the Unlawful Activities Prevention Act (UAPA), the Prevention of Money Laundering Act (PMLA), and the Foreign Contribution (Regulation) Act (FCRA).
Through five compelling case studies, the report demonstrates how NPOs and human rights defenders have been targeted by the government under these laws. The findings reveal that India’s counter-terrorism laws have broadened over time, becoming increasingly vague and often overriding basic procedural safeguards. Vague allegations and weak evidence are frequently used by authorities to penalize critics of the government. Moreover, the process of prosecution under these laws has evolved into a form of punishment itself, as defendants endure prolonged pretrial detention and repeated denial of bail, making the legal process an ordeal even without conviction.
The report recommends revision of these laws and urges the Indian government to halt the misuse of counter-terrorism measures. Failure to address these issues, the report warns, could undermine democracy, the rule of law, and India’s standing as an international partner in counter-terrorism efforts.
