India - October 2023

On October 3, Indian authorities arrested two journalists from the independent news outlet NewsClick under the Unlawful Activities (Prevention) Act, after raiding 46 journalists’ homes. This follows allegations that NewsClick received illegal foreign funding, partly prompted by a New York Times investigation connecting NewsClick to a network supporting Chinese propaganda. Rights groups and media watchdogs note that the raids, carried out under misused counterterrorism laws, pose a broader threat to press freedom – further prompting serious concerns from the United Nations Commissioner for Human Rights. The Union Minister responded to criticism by saying that “investigating agencies are independent and act according to law,” adding that no justification for the raids was needed. The Supreme Court is set to hear an appeal from the detained employees challenging their arrests.

Sources: The Hindu, The New York Times, Human Rights Watch, The Wire

On 17 October, India's Supreme Court rejected pleas to legalize same-sex marriage and declined to amend the Special Marriage Act, stating that such changes are beyond its legislative domain and should be addressed by Parliament. The government, which opposes same-sex marriage legalization, has not publicly responded to the ruling. The Court directed the government to form a committee to explore amendments benefiting same-sex couples without specifying explicit terms of reference. Despite acknowledging that the LGBTQIA+ community faces discrimination from the state, the court's decision led to widespread disappointment among rights experts and activists, who view it as the judiciary "washing its hands of the issue." Rights organizations are urging the government to bring about legislative changes, including amendments to adoption, divorce, healthcare, inheritance, and related laws.

Sources: Times of India, Human Rights Watch, The Indian Express, Reuters