India Continues to Weaponize Terrorism Laws to Detain Religious Minorities

India Continues to Weaponize Terrorism Laws to Detain Religious Minorities

Washington, DC - In light of the Indian government's decision to grant bail to British-born Sikh activist, Jagtar Singh Johal, the United States Commission on International Religious Freedom (USCIRF) urges the U.S. Department of State to work with Indian authorities to facilitate the release of other freedom of religion or belief (FoRB) prisoners, many of whom, including Jagtar Singh Johal, are included as a FoRB Victim in USCIRF's Frank R. Wolf Freedom of Religion or Belief Victims List.

"We welcome the New Delhi High Court's decision to grant bail to Jagtar Singh Johal, after nearly nine years of unlawful suffering in arbitrary detention. However, uncertainty remains regarding his return to the United Kingdom and reunification with his family," said Chair Asif Mahmood. "Under the terms of his bail, Johal was required to surrender his passport, is banned from communicating with the press, and still faces the death penalty in eight charges against him."

In 2017, authorities unjustly arrested Johal on false charges of murder and terrorism under the Unlawful Activities Prevention Act (UAPA), a law that several United Nations special rapporteurs have characterized as noncompliant with international standards and India's international obligations. Prior to his arrest, Johal had blogged about human rights abuses against India's Sikh community, action that is protected under international law regarding freedom of expression. Johal's trial faced continuous delays throughout his detention, and authorities failed to produce credible evidence against him. In 2022 the United Nations recognized his imprisonment as arbitrary detention and more recently described it as amounting to psychological torture. Furthermore, Johal reports that he has been physically tortured by authorities with electric shocks, sleep deprivation, stress positions, and threats to his life, ultimately leading to a forced confession. USCIRF urges the United States government to press Indian officials to conduct a full investigation into Johal's detention and treatment and the U.S. government should hold perpetrators of such particularly severe violations accountable in accordance with the International Religious Freedom Act.

"Johal's case is demonstrative of a larger pattern by the Indian government to silence or imprison religious minorities," said Vice Chair CeCe Heil. "Several other FoRB prisoners, including Umar Khalid and Sharjeel Imam, continue to languish in pre-trial detention for perceived UAPA violations, for simply engaging in peaceful protest. In recent years, the Indian government has even gone so far as to orchestrate assassinations and assassination attempts against members of the Sikh community in North America in clear acts of transnational repression meant to intimidate, coerce, and harass the diaspora."

USCIRF recommended in its 2026 Annual Report that the State Department designate India as a Country of Particular Concern (CPC) for engaging in systematic, ongoing, and egregious religious freedom violations. USCIRF raised these poor religious freedom conditions during its May hearing, "Deteriorating Religious Freedom Conditions in India," and in its "India Country Brief" publication in August.

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan legislative branch agency established by the U.S. Congress to monitor, analyze, and report on religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State, and Congress, intended to deter religious persecution and promote freedom of religion and belief. To interview a commissioner, please contact USCIRF at [email protected].