Gender: Female

Current Location: Tihar Jail, Delhi

Perpetrator: India

Religion or Belief: Muslim – Unspecified/Other

Reports of Torture: No

Reports of Medical Neglect: No

Date of Detainment: April/9/2020

Current Status: Released

Religious Leader: No

Most Recent Type of Abuse: Detainment

Reason for Persecution: Protesting Religious Freedom Conditions Religious Identity

Nature of Charges: Criminal Premeditation & Conspiracy Hate Speech Illicit Financing Murder & Attempted Murder Public Disorder Terrorism Treason & Sedition

Gulfisha Fatima

Extra Bio Info:

Gulfisha Fatima was detained for her religious freedom advocacy.

On April 9, 2020, authorities arrested Fatima, a Muslim student activist, under first information report (FIR) 48/2020 for her involvement in the Jaffrabad protest. She was charged under multiple sections of the Penal Code, including rioting and assaulting a public servant. Fatima, however, was targeted for leading peaceful protests opposing the religiously discriminatory Citizen Amendment Act (CAA).

Later in April 2020, authorities charged Fatima under FIR 59/2020 with new offenses under the IPC, 1967 Arms Act, and Unlawful Activities (Prevention) Act (UAPA) after authorities accused her of inciting communal violence during the 2020 Delhi riots. Charges include but are not limited to rioting (Sec. 147 IPC), rioting with a deadly weapon (Sec. 148 IPC), murder (Sec. 302 IPC), attempted murder (Sec. 307 IPC), sedition (Sec. 124A IPC), "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony" (Sec. 153A IPC), unlawful activities (Sec. 13 UAPA), terrorist acts (Sec. 16 UAPA), raising funds for terrorist acts (Sec. 17 UAPA), and conspiracy (Sec. 18 UAPA).

In May 2020, Fatima was granted bail in the Jaffrabad protest case (FIR 48/2020). However, she was forced to remain in prison under FIR 59/2020.

On June 26, 2020, several UN experts called for the release of Fatima and other protestors, saying that their arrests seem "clearly designed to send a chilling message...that criticism of government policies will not be tolerated."

In July 2020, Fatima was reportedly charged in two new cases (FIR 83/2020 and FIR 50/2020). That same month, she was reportedly granted bail for FIR 83/2020 but was forced to remain in prison under FIR 59/2020.

In November 2020, a Delhi court granted Fatima bail again. However, she was forced to remain in prison under FIR 59/2020.

In January 2026, Gulfisha Fatima was released on bail under strict conditions.

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Mar 1, 2022

This op-ed was originally published by The Hill on March 1, 2022

By USCIRF Chair Nadine Maenza and USCIRF Commissioner Frederick A. Davie 

Last August was a life changing moment for the world, as the Taliban took power in Afghanistan’s capital city of Kabul after a 20 year U.S. military presence.  

The U.S. Commission on International Religious Freedom (USCIRF) has reported on religious freedom conditions in Afghanistan for more than two decades—but this year was particularly painful. We saw hope flee from the eyes of religious minority communities who briefly found optimism through the presence on the ground of Americans and so many others. 

Just 13 days before the Taliban took control of Afghanistan on August 15, the Department of State announced a new Priority 2 (P-2) designation, granting U.S. Refugee Admissions Program (USRAP) access for certain Afghan nationals and eligible family members. This much welcomed step was intended to safeguard the precious lives of U.S. allies and affiliates who faced danger at the hands of the Taliban. However, this designation fails to include some of the most vulnerable religious minorities who are at extreme risk of persecution by the Taliban.  

Afghanistan is home to a vast array of faiths and ethnicities—some indigenous to the region and others that emerged over time—including Hindus, Sikhs, Jews, Baha’is, Christian converts, Ahmadi Muslims, and Shi’a Muslims, including Ismaili’s However, with the Taliban back in power, religious freedom conditions, and the overall human rights situation, in Afghanistan have drastically deteriorated. Shortly after the Taliban’s takeover, we heard pleas from religious freedom advocates hoping to find a way out for Afghans facing harassment, detention, and even death due to their faith or beliefs. It is heartbreaking to see many of these faith communities near extinction within Afghanistan. 

The Taliban—and separately the Islamic State Khorasan Province (ISIS-K)—have continuously targeted and harassed religious minority communities. As discussed in an episode of USCIRF’s Spotlight podcast, the Hazara Shi’a community—which these groups labels as “heretical”—is at particularly grave risk. After the Taliban took control of Ghazni Province in early July in their advance toward Kabul, Taliban fighters massacred nine Shi’a Hazara men. Taliban fighters also reportedly evicted at least 2,800 Shi’a Hazaras from their homes in Daikundi and Uruzgan provinces and seized their properties in September 2021. Shortly afterward, in October, there were confirmed reports that the Taliban killed 13 Shi’a Hazaras in Daikundi Province. ISIS-K has also targeted religious minority communities, taking responsibility for two separate attacks in October on Shi’a mosques in Kunduz and Kandahar resulting in the deaths of scores of Shi’a worshipers during Friday prayers.  

Christian converts, Baha’is, non-believers, Ahmadi Muslims, and other Muslims who do not adhere to the Taliban’s views of Islam practice their faith or express their beliefs in hiding due to fear of reprisal since conversion from Islam to another religion or abandonment of Islam is considered apostasy and punishable by death under the Taliban’s interpretation. The already small Afghan Hindu and Sikh communities have felt pressured to flee to India, while less than 200 remain behind despite targeted attacks on their historical houses of worship. The last known Jew left in September, leaving behind the last operating synagogue in Afghanistan.   

We believe the expansion of the P-2 designation offers an additional option for at risk members of these religious communities. 

The Taliban and ISIS-K’s shared ideology of a pure Islamic state is rapidly manifesting itself in Afghanistan as the country turns into a religiously homogenous state with little or no tolerance for any beliefs apart from their extreme interpretation of Islam.  

Given the Taliban’s well documented repression of various religious communities, it is imperative that the U.S. Department of State create a P-2 category for vulnerable Afghan religious communities. This would allow their members to apply directly to the USRAP for vetting, processing, and resettlement in the United States, rather than relying on the United Nations High Commissioner for Refugees (UNHCR) to refer them. Removing the UNHCR referral step is vital to speed up the process for Afghan individuals fleeing for their lives because of their beliefs. 

Broadening the existing P-2 category to explicitly include vulnerable Afghan religious minorities who face persecution on account of their religion or belief underscores the United States’ commitment to religious freedom as core to democracy. Our founders knew that religious freedom needed protection, placing this right in the First Amendment to the U.S. Constitution.   

The U.S. government has previously granted P-2 eligibility to members of religious groups identified as “of special humanitarian concern” to the United States. The 1990 Lautenberg Amendment facilitated the resettlement of Jews and other persecuted religious minority groups from the Soviet Union to the United States. The 2004 Specter Amendment extended P-2 status to Iranian religious minorities, and in 2007 Congress offered P-2 eligibility to certain Iraqi religious minorities. 

As Afghans are forced to flee their homes and historic places of worship on account of their religion or belief, the U.S. government should ensure that the most vulnerable religious minorities are protected and have an expedited pathway to seek refuge in the United States.  

Mar 08

WHEN:

Mar 8th 10:30am - Mar 8th 12:00pm

U.S. Commission on International Religious Freedom Hearing
 
Women’s Roles in Advancing International Religious Freedom

Tuesday, March 8, 2022
10:30 AM – 12:00 PM
Virtual Hearing

Hearing Transcript
Hearing Summary

The U.S. Commission on International Religious Freedom (USCIRF) held a virtual hearing on the role of women in advancing international religious freedom.

In 2020, the United Nations Special Rapporteur on freedom of religion or belief expressed concern over gender-based discrimination justified in the name of religion or belief and emphasized that states are responsible for enabling environments that advance non-discrimination and freedom of religion or belief for women and girls. Freedom of religion or belief benefits from the protection and advancement of gender equality, as international human rights are interlocking and interdependent. Additionally, women are proactively working to protect this right for themselves and others around the world.

From Malaysia, where women fight for the right to interpret Islamic text through a gender-inclusive lens, to Sudan, where women played an integral role in ending an authoritarian regime that placed significant restrictions on religious practice and discourse, women’s approaches to advancing religious freedom globally are varied and diverse. They include advocating for the repeal of blasphemy laws, fighting discrimination against religious minorities, combatting anti-Semitism and anti-Muslim bias in their communities, fighting for the rights of women and LGBTI individuals to interpret and practice religion as they choose, and leading programs to promote interfaith tolerance and reduce violent extremism.

Women play a vital yet often overlooked role in protecting freedom of religion or belief and advocating for the rights of religious minorities. This hearing explored the strategies and means through which women work to promote and protect religious freedom abroad, and how the U.S. government can better support such efforts. 

Opening Remarks

Panel I

  • Rita Stephan, Regional Coordinator for Religious and Ethnic Minorities, United States Agency of International Development
    Written Testimony

Panel II

  • Dr. Nazila Ghanea, Associate Professor of International Human Rights Law, University of Oxford
    Written Testimony
  • Dr. Azza Karam, Secretary-General, Religious for Peace, founder of the Multi-Faith Advisory Council of the United Nations Interagency Task Force
    Written Testimony
  • Palwasha Kakar, Interim Director, Religion and Inclusive Societies, United States Institute of Peace
    Written Testimony

Witnesses’ Bios

 
This hearing is open to Members of Congress, congressional staff, the public, and the media. Members of the media should register online and can email [email protected] for any questions or to schedule an interview. The video recording of the hearing will be posted on the Commission website. For any additional questions, please contact Nina Ullom at [email protected] or (202) 322-0232.