There is a vibrant and diverse range of non-governmental organizations active in India the majority of whom enjoy a large degree of freedom of association and freedom of expression, however, serious concerns remain about the protection and security of human rights defenders working in some areas and on some issues. In some instances, defenders are subjected to arbitrary arrests and detentions and their personal safety is put at risk. In particular, defenders highlighting alleged human rights abuses by the police and military forces and defenders campaigning on environmental issues and land rights have been targeted.

According to the UN Special Representative on Human Rights Defenders, “defenders in India are active on a wide range of civil and political, economic, social and cultural rights such as caste discrimination, child rights, environmental issues, globalisation and human rights, housing rights, indigenous rights, LGBT rights, women’s rights and trafficking”. These include defenders advocating non-discrimination against dalits, adivasis and other indigenous people and those seeking to uphold human rights in Jammu and Kashmir and other areas of civil unrest. A potential barrier to the operational freedom of human rights organisations is the Foreign Contribution Regulation Bill 2006 which, if adopted, would significantly restrict the foreign funding of non-governmental organisations. Freedom of assembly is guaranteed by the Indian Constitution but limited in practice, with, for example, demonstrations highlighting the adverse environmental and social impact of the Narwada dam project being broken up by the police with excessive force. Defenders campaigning on these and other human rights issues have reportedly been subjected to restrictions on freedom of movement, arbitrary arrests, detentions and criminal charges, torture and ill-treatment while in police custody, harassment, threats, attacks and extra-judicial killings. According to the UN Special Representative, there is an apparent pattern of impunity for violations committed against human rights defenders.