Gender: Male
Perpetrator: India
Religion or Belief: Muslim – Unspecified/Other
Reports of Torture: No
Reports of Medical Neglect: No
Date of Detainment: June/27/2022
Current Status: Released
Religious Leader: No
Most Recent Type of Abuse: Detainment
Reason for Persecution: Expression about Religion Religious Identity Reporting on Religious Freedom Conditions or Documenting Religious Freedom Violations
Nature of Charges: Hate Speech
Mohammed Zubair was detained for his expression about religion and in relation to his reporting on religious freedom conditions.
On June 27, 2022, Delhi police arrested Zubair, co-founder of the fact-checking website Alt News, after summoning him for questioning. Earlier in June 2022, authorities opened a criminal investigation into a Tweet Zubair made in 2018 perceived as insulting to a Hindu god. Zubair’s arrest followed his flagging of remarks made by the then-active Bharatiya Janata Party (BJP) spokesperson perceived as insulting to the Prophet Muhammad and Islam, which led to widespread protests across the country. Zubair was charged with "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc." (Sec. 153A IPC) and “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs” (Sec. 295A IPC).
On July 20, 2022, the Supreme Court granted Zubair interim bail in all six cases he was being prosecuted in. He was released that same day.
Zubair has been targeted in other criminal cases in relation to his work as a journalist.
USCIRF Country Update: Religious Freedom Conditions in India November 2022
USCIRF Spotlight Podcast: Deteriorating Religious Freedom Conditions in South Asia July 2022
“Mohammed Zubair walks out of Tihar Jail after SC grants interim bail” Scroll.in
“Arrest of Journalist in India Adds to Press Freedom Concerns” New York Times (NYT)
“Indian Muslim journalist, critic of Modi, arrested over tweets” Washington Post
“India: Free Human Rights Defender Mohammed Zubair” Amnesty International
“Journalist Mohammed Zubair who flagged Prophet remark arrested by Delhi police” Hindustan Times
“Journalist Mohammed Zubair arrested for allegedly hurting religious sentiments” Scroll.in
“Indian journalist Mohammad Zubair arrested in Delhi” Committee to Protect Journalists (CPJ)
“Indian police investigate 2 journalists following critical social media posts” Committee to Protect Journalists (CPJ)
Additional Name(s): GN Saibaba
Gender: Male
Perpetrator: India
Religion or Belief: Unspecified
Health Concerns: Wheel-chair bound, heart condition, brain cyst, hypertension, breathing difficulties, back pain, nerve damage, contracted COVID-19, contracted swine flu
Reports of Torture: No
Reports of Medical Neglect: Yes
Sentence: Life Imprisonment
Date of Detainment: March/7/2017
Date of Sentencing: March/7/2017
Date of Release: March/7/2024
Current Status: Released
Religious Leader: No
Most Recent Type of Abuse: Imprisonment
Reason for Persecution: Civil Rights Work for Religious Communities Criticizing Religious Freedom Conditions Human Rights Work for Religious Communities
Nature of Charges: Criminal Premeditation & Conspiracy Terrorism
Gokarakonda Naga Saibaba was imprisoned for criticizing state violence against religious and marginalized communities.
On May 9, 2014, plain clothed police officers in Delhi arrested Saibaba, a former English professor, for his work in support of civil and human rights for Adivasis and Dalits. As the Deputy Secretary of the Revolutionary Democratic Front (RDF), he regularly spoke out against government discrimination and violence targeting them in mineral-rich central India. During the arrest, Saibaba’s hand was injured as police removed him from his wheelchair and threw him into their van. Saibaba was reportedly charged with unlawful activities (Sec. 13 UAPA), conspiracy (Sec. 18 UAPA), being member of terrorist gang or organization (Sec. 20 UAPA), associating with a terrorist organization (Sec. 38 UAPA), and supporting a terrorist organization (Sec. 39 UAPA). Authorities accused Saibaba of collaborating with banned Maoist insurgent groups.
From June 2015 to December 2015, Saibaba was granted interim bail to receive medical treatment.
In April 2016, the Supreme Court granted Saibaba bail.
On March 7, 2017, Saibaba was sentenced to life in prison. Following the conviction, Saibaba was taken back into custody.
On June 28, 2018, several UN experts called for Saibaba’s immediate release, citing poor prison conditions and lack of adequate medical care for Saibaba.
In February 2021, Saibaba contracted COVID-19.
In June 2021, the UN Working Group on Arbitrary Detention declared Saibaba’s imprisonment arbitrary, calling for his immediate release.
In February 2022, Saibaba reportedly contracted COVID-19 for the second time.
In August 2022, Saibaba reportedly contracted swine flu.
On October 14, 2022, the Bombay High Court acquitted Saibaba and ordered his immediate release.
On October 15, 2022, the Supreme Court suspended Saibaba's acquittal.
On March 5, 2024, the Bombay High Court re-acquitted Saibaba.
On March 7, 2024, Saibaba was released from Nagpur Central Jail.
Saibaba’s health has deteriorated greatly while in prison and has been denied adequate medical care. Saibaba is 90% physically disabled and has been wheelchair-bound since catching polio as a child. He requires assistance to do basic tasks such as sitting up, eating, drinking, and going to the bathroom. Saibaba reportedly suffers from several health conditions including, a heart condition, brain cyst, hypertension, breathing difficulties, back pain, and nerve damage. Saibaba is reportedly also being held in solitary confinement.
Saibaba was being held in Nagpur Central Jail.
Photo attributed to Sidheeq, CC BY-SA 4.0, via Wikimedia Commons
“Gokarakonda Naga Saibaba” Tom Lantos Human Rights Commission
"It's by chance I came out of prison alive: G N Saibaba after release from Nagpur jail" Indian Express
"India: Re-acquittal of human rights defender G.N. Saibaba is a triumph of justice over continued repression" Amnesty International
USCIRF Country Update: Religious Freedom Conditions in India November 2022
"After SC Stopped His Release, G N Saibaba Wrote He Could No Longer Bear The Pain" Article 14
"SC suspends order acquitting Saibaba" Hindustan Times
"First thing is to get him to hospital, says G.N. Saibaba’s wife" The Hindu
"Former DU professor GN Saibaba acquitted by Bombay HC in Maoist links case" Scroll.in
“India: Joint statement on the deteriorating health of G. N. Saibaba in Nagpur Central Jail” Amnesty International
“Opinion No. 21/2021 concerning Gokarakonda Naga Saibaba (India)” UN Working Group on Arbitrary Detention
“United Nations rights experts urge India to release jailed Delhi University professor GN Saibaba” Scroll.in
“UN experts urge India to release rights defender Dr. G.N. Saibaba on health grounds” UN Office of the High Commissioner for Human Rights
“DU professor GN Saibaba and four others get life sentence for ‘Maoist links’” Scroll.in
Additional Name(s): Rupesh Kumar Singh, உரூபேசு குமார் சிங்
Gender: Male
Current Location: Saraikela Jail
Perpetrator: India
Religion or Belief: Unspecified
Reports of Torture: No
Reports of Medical Neglect: No
Date of Detainment: July/17/2022
Current Status: Not Released
Religious Leader: No
Most Recent Type of Abuse: Detainment
Reason for Persecution: Reporting on Religious Freedom Conditions or Documenting Religious Freedom Violations
Nature of Charges: Arms Trafficking & Illicit Use of Weapons Banned Organization Criminal Premeditation & Conspiracy Forgery Illegal Assembly Murder & Attempted Murder Public Disorder Terrorism Treason & Sedition
Rupesh Singh is detained for his religious freedom advocacy.
In July 2022, police in Ramgarh district arrested Singh, a freelance journalist known for reporting on human rights abuses against Dalits and Adivasis, marginalized communities under India's religiously-based caste system. Authorities accused him of Maoist activities and charged him with “being a member of an unlawful association” and "unlawful activities" (Secs. 10, 13), among others, under the controversial Unlawful Activities (Prevention) Act (UAPA). Authorities further charged him with rioting with a deadly weapon, attempted murder, waging war against the state, sedition, and conspiracy (Sec. 147, 148, 120B, 121A, 124A IPC).
Authorities mistreated Singh during detention by depriving him of sleep during consecutive all-night interrogations and by housing him in a cell with other prisoners suffering from infectious diseases. Previously, authorities detained Signh for six months in 2019 for his reporting on Adivasi issues.
UN Special Rapporteurs Communication October 26, 2022