Although politically motivated violence has slightly decreased in Jammu and Kashmir, torture, deaths in custody and "disappearances" continue to be reported. At least 38 people are reported to have died in custody in 2005.
The vast majority of survivors of targeted killings and sexual violence in Gujarat in 2002 - most of them Muslim - have still not received justice and reparations for these crimes, some of which amount to crimes against humanity. In December 2005 a mass grave containing the remains of the victims was found. In February 2006, in a key case relating to the violence, nine persons were convicted and sentenced to life imprisonment. Amnesty International continues to receive reports of harassment of human rights defenders and the social and economic boycotting of the Muslim minority in Gujarat particularly after criminal convictions.
Members of the security forces continue to enjoy impunity for human rights violations. Nine years after the "disappearance" and killing of human rights lawyer Jalil Andrabi in Srinagar, Jammu and Kashmir, an army major identified as responsible by a special investigation team has still not been brought to justice. In Punjab, police officers responsible for serious human rights violations in the mid-1990s continue to evade justice, despite the recommendations of several judicial inquiries and commissions.
Human rights defenders in many parts of the country continue to be harassed and attacked, including activists working on behalf of socially and economically marginalized communities. At least 77 people were sentenced to death in 2005; however, no executions took place. There is no comprehensive information on the number of people under sentence of death in each state. The central and state governments do not publish any information on the number of people under the sentence of death.
Although the Prevention of Terrorism Act (POTA) was repealed more than a year ago, the cases of those held under the Act have not yet been fully reviewed, and some state governments have yet to take action on the recommendations by the judicial committee reviewing the cases. Human rights organizations have expressed concern over amendments made to the Unlawful Activities (Prevention) Act and state-level acts (especially in Chattisgarh state) which grant special powers to the state, similar to those previously provided by the POTA.
Amnesty International
