On 19 January 2026, the United Nations Committee on the Elimination of Racial Discrimination (CERD) issued three formal communications to the Government of India under its Early Warning and Urgent Action Procedures, signalling serious concerns regarding patterns of racial discrimination and grave human rights violations.
The three letters address:
1. the situation of Bengali-speaking Muslims in Assam;
2. the situation of tribal and forest-dwelling Indigenous Peoples in areas demarcated as tiger reserves; and
3. the situation of Indigenous Adivasi Peoples in the Bastar district of Chhattisgarh.
1. The situation of Bengali-speaking Muslims in Assam;
H.E. Mr. Arindam Bagchi
Permanent Representative of India
to the United Nations Office
Geneva
Email: [email protected]
19 January 2026
Excellency,
I write to you in relation to letter of 12 May 2025 by the Committee on the Elimination of Racial Discrimination (“the Committee”) regarding to the situation of the Bengali-speaking Muslims in Assam State, north-eastern India.
The Committee thanks the State Party for its response to the letter and for the information provided. The Committee notes the information regarding the Citizenship (Amendment) Act 2019 and the Citizenship (Amendment) Rules 2024 and that the legislative framework does not deprive eligible foreigners from applying for Indian citizenship through registration or naturalization.
Notwithstanding the information provided, the Committee regrets the lack of information on most of the allegations and concerns set out in the Committee’s letter of 12 May 2025, particularly regarding the racial discrimination against members of the Bengali-speaking Muslim community during the update of the National Register of Citizens (NRC) and their exclusion from the final NRC list due to procedural irregularities and administrative shortcomings; difficulty in obtaining required documents; disproportionate impact on Bengali-speaking Muslims due to their classification as “non- original inhabitants”, a term lacking clear definition; stricter verification standards applied to “non- original inhabitants” compared to “original inhabitants”; and suspension of Foreigners Tribunal processes, which prevented those labeled as “doubtful voters” from challenging their status, effectively excluding them from the NRC.
Furthermore, it regrets the lack of information regarding the allegations that the Assam government has pursued systematic forced evictions without providing adequate housing or compensation, disproportionately affecting Bengali-speaking Muslim families across several districts. Moreover, the Committee notes with concern the lack of information regarding the allegations of an increase in hate speech and incitement to violence targeting the Bengali-speaking Muslim community, especially during the 2024 national elections in Assam, as well as the concern of excessive use of force by law enforcement, resulting in recurrent killings and injuries. It also regrets the lack of information on the allegations of violent attacks by civilians and organized groups in mid-2024 that endangered the community’s safety and rights.
In this context, the Committee calls upon the State Party to adopt all necessary measures to protect the rights of the Bengali-speaking Muslims in Assam State and address the concerns set out in the Committees letter of 12 May 2025. In this regard and in accordance with Article 9 (1) of the Convention and article 66 of its Rules of Procedure, the Committee requests that the State Party provide detailed information on measures to protect their rights and address the allegations in the Committee’s letter of 12 May 2025 during the presentation of the State Party’s combined twentieth and twenty-first periodic reports. In particular, the Committee requests the State Party to provide information on:
- Measures taken to prevent and address racial discrimination against members of the Bengali-speaking Muslims community based on their decent, ethno-religious and ethnic origin and arbitrary deprivation of nationality in light of the National Register of Citizens update, including those excluded due to discriminatory application and registration processes;
- Measures implemented to halt forced eviction of members of the Bengali-speaking Muslims, to provide alternative housing and compensation for those impacted, and to guarantee that evictions are carried out in accordance with international human rights standards;
- Measures adopted to combat racist hate speech and hate crimes targeting the Bengali- speaking Muslims, including on the Internet and social media;
- Investigations conducted into all allegations of excessive and lethal use of force by law enforcement officials, as well as information on prosecutions and penalties commensurate with the offences, and redress and support provided to victims and their families.
Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of India with a view to ensuring the effective implementation of the Convention.
Please accept, Excellency, the assurances of my highest consideration.
Yours sincerely,
Michal Balcerzak
Chair- Committee on the Elimination of Racial Discrimination
2. The situation of tribal and forest-dwelling Indigenous Peoples in areas demarcated as tiger reserves
Excellency,
I write to you in relation to letter of 12 May 2025 by the Committee on the Elimination of Racial Discrimination (“the Committee”) regarding to the situation of the tribal and forest-dwelling Indigenous Peoples in India.
The Committee thanks the State Party for its response to the letter and for the information provided. The Committee notes the information on the legislative framework concerning the mandate of the National Tiger Conservation Authority (NTCA) and that the State Governments are responsible for the routine management of field-level operations with the support of NTCA. It also takes note of the information that, in accordance with the provisions of the Wildlife (Protection) Act, core tiger habitat areas of national parks have to be protected for the purpose of tiger conservation and that village relocation is mandated on mutually agreed terms and following obtaining the informed consent of village councils. The Committee notes the information that the NTCA issued guidelines for procedure of village relocation on voluntary basis for the implementation of State Governments and their authorities.
The Committee takes note of the information that, as of August 2025, there were around 6400 families and 590 villages inside the core area of the tiger reserves. It further notes the information that the NTCA order, issued on 19 June 2024, prioritizes voluntary village relocation after obtaining the informed consent of the concerned village councils, in accordance with the legislative framework and the guidelines, and requests State Governments to inform the NTCA about their plans.
Notwithstanding the information provided, the Committee regrets the lack of detailed information regarding the allegations and concerns set out in the Committee’s letter of 12 May 2025, particularly regarding the lack of effective and meaningful consultation with the tribal and forest- dwelling Indigenous Peoples to obtain their free, prior and informed consent. It also regrets the lack of information on allegations and concerns regarding the absence of impact assessment studies in relation to the implementation of the order and its impacts on the tribal and forest-dwelling Indigenous Peoples. Furthermore, the Committee is concerned about the lack of information concerning the allegations and concerns on the risk of displacement and eviction of the tribal and forest-dwelling Indigenous Peoples without providing adequate alternative housing and compensation to the impacted communities.
In this context, the Committee calls upon the State Party to adopt all necessary measures to protect the rights of tribal and forest-dwelling Indigenous Peoples in India. In this regard and in accordance with Article 9 (1) of the Convention and article 66 of its Rules of Procedure, the Committee requests that the State Party provide detailed and updated information on the situation of the tribal and forest-dwelling Indigenous Peoples in light of the implementation of the NTCA order, issued on 19 June 2024, during presentation of the State Party’s combined twentieth and twenty-first periodic reports. In particular, the Committee requests the State Party to provide updated and detailed information on (a) measures to ensure effective and meaningful consultation with tribal and forest- dwelling Indigenous Peoples on any projects or legislative or administrative measures, particularly the implementation of the NTCA order issued on 19 June 2024, that may affect their land, territories and resources, with a view to obtaining their free, prior and informed consent; (b) the conduct of impact assessment studies regarding the implementation of the NTCA order issued on 19 June 2024 on the rights of the tribal and forest-dwelling Indigenous Peoples; and (c) measures to ensure that evictions are carried out in accordance with international human rights standards, that families and individuals affected are provided with adequate alternative housing and compensation and that effective remedies are in all cases available to those affected in cases of eviction.
Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of India with a view to ensuring the effective implementation of the Convention.
Please accept, Excellency, the assurances of my highest consideration.
Yours sincerely,
Michal Balcerzak
Chair- Committee on the Elimination of Racial Discrimination
3. The situation of Indigenous Adivasi Peoples in the Bastar district of Chhattisgarh
(In this letter, CERD notes that since January 2024 there has been a reported escalation in security operations against non-State armed groups in Bastar, resulting in widespread and unprecedented violations of the human rights of Indigenous Adivasi Peoples. These include allegations of extrajudicial and unlawful killings, arbitrary detentions, excessive use of force by law enforcement officials)
Excellency,
I write to inform you that the Committee on the Elimination of Racial Discrimination (“the Committee”) received information under its early warning and urgent action procedure in relation to the situation of the Indigenous Adivasi Peoples in the Bastar district, the State of Chhattisgarh.
According to the information received:
- The Indigenous Adivasi Peoples represent around 70 percent of the population of Bastar, a region rich in natural resources that has witnessed an armed conflict for the past few decades between security forces and non-State armed groups affiliated with the Communist Party of India.
- Since January 2024, there has been a reported sharp increase in the scale of operations against the non-State armed groups, leading to widespread and unprecedented violence, as well as violations of the human rights of the Indigenous Adivasi Peoples. This sharp increase in operations is reportedly a result of implementing a strategy by the State Party to eliminate the non-State armed groups by March 2026, as reflected in a statement made by the Union Home Minister in August 2024.
- The increase in security operations is also linked to the increase in law enforcement presence in Bastar. For example, at least 300 new security bases have been established since 2019, and the number of police stations has increased from 65 to over 500 in the last ten These new security bases have been constructed on the ancestral lands and territories of the Indigenous Adivasi Peoples without consulting them or obtaining their free, prior, and informed consent, as required by the Fifth Schedule of the Indian Constitution, the Forest Rights Act of 2006, the Panchayats (Extension to Scheduled Areas) Act of 1996 (PESA), and international standards.
- At least 500 Indigenous Adivasi Peoples, including civilians, have been killed between January 2024 and October 2025 as a result of security operations carried out by law enforcement. Official records, including those of the National Human Rights Commission, are inconsistent with numbers verified and reported by civil society organizations and human rights defenders who are monitoring the situation in the Bastar district. Furthermore, between 2021 and 2025, security forces used aerial bombing in at least five cases, targeting villages, agricultural fields, and forest areas inhabited by Indigenous Adivasi Peoples.
- Press releases by local authorities indicated financial rewards and promotions for law enforcement officials following operations that involved cases of extrajudicial killings of members of the non-State armed groups and civilians belonging to the Indigenous Adivasi Peoples.
- The intensified security operations have also resulted in an increase in arbitrary arrests and detentions of individuals belonging to the Indigenous Adivasi Peoples, particularly These individuals are arrested and detained under the Unlawful Activities (Prevention) Act and the Special Public Security Act (CSPSA) for extended periods of time without conviction or due process.
- Law enforcement officials have applied excessive force during operations in Bastar, leading to grave violations against civilians. For example, in May 2024, law enforcement officials fired upon villagers and farmers in the Bijapur district, killing at least ten civilians and arresting around fifty others. In another incident in February 2025, law enforcement officials stormed civilians’ houses in the same district in the early morning, forcing civilians to flee to nearby forests while arresting around 25
- The Chhattisgarh Government revised its Surrender and Rehabilitation Policy in March 2025 to provide surrendered members of the non-State armed groups with financial support and However, it is reported that, members of the non- State armed group, who are predominantly indigenous Adivasi, are also deprived of their liberty without due process under these programs. At one centre in the Bijapur district, around 200 individuals, including at least 60 women and children, were arbitrarily detained and forced to perform menial labour.
- Human rights defenders, activists, journalists, and lawyers are subjected to intimidation, surveillance, harassment, threats, reprisals, and arbitrary arrests and detentions as a consequence of their work to protect and monitor the rights of Indigenous Adivasi Peoples.
- In October 2024, the Governor of Chhattisgarh declared the Moolwasi Bachao Manch (MBM), a local movement promoting the rights of Indigenous Peoples, an unlawful organization for a period of one year in accordance with the CSPSA. Despite the MBM’s representatives filing a request in November 2024 to review the decision by an independent advisory board, no response has been provided so far. MBM representatives also filed a petition with the High Court of Chhattisgarh, which was dismissed in May 2025.
- There is a lack of effective, thorough, and independent investigations into human rights violations perpetrated by security forces against Indigenous Adivasi Peoples, including extrajudicial and unlawful killings, arbitrary detentions, and the excessive use of force by law enforcement officials.
- There is systematic racial discrimination against Indigenous Adivasi Peoples in the judicial system, manifested by labelling individuals belonging to these peoples who were killed during law enforcement operations as members of a non-State armed group and categorizing the killings as self-defence by law enforcement officials in judicial records. This categorization prevents family members of the victims from accessing judicial remedies. Furthermore, family members and witnesses belonging to the Indigenous Adivasi Peoples are not involved in or invited to investigations initiated within 48 hours of any death during law enforcement operations, as required by Section 176(4) of the Code of Criminal Procedure.
- Recent mining and exploration permits and projects on the lands of the Indigenous Adivasi Peoples are approved and issued by local authorities without consulting them or obtaining their free, prior, and informed consent in accordance with the provisions of the Fifth Schedule of the Indian Constitution, the Forest Rights Act of 2006, and the PESA. For example, in early 2025, the authorities issued a “composite license” to explore and mine two forest blocks within the Bailadila Reserved Forest in Dantewada district, which contains sacred sites for Indigenous Adivasi Peoples, without conducting a consultation process or obtaining their free, prior, and informed
The Committee is concerned that the allegations regarding the situation of Indigenous Adivasi Peoples, if verified, would infringe their rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Specifically, the Committee is concerned about reports that members of the Indigenous Adivasi Peoples are subjected to human rights violations and abuses perpetrated by security forces during the intensified security operations and other measures to combat non-State armed groups, including unlawful killings and arbitrary detention. It is further concerned about allegations that measures to combat non-State armed groups have created a restrictive atmosphere for human rights defenders, activists, journalists, and lawyers to exercise their rights to freedom of opinion and expression and to freedom of association. The Committee is also concerned about the reported lack of independent and impartial investigations into human rights violations and abuses faced by members of the Indigenous Adivasi Peoples, such as unlawful killings and arbitrary detention, during measures to combat non-State armed groups, including security operations. It is also concerned about allegations that law enforcement bases and development projects are established on lands owned by Indigenous Adivasi Peoples without a consultation process or obtaining their free, prior, and informed consent.
The Committee recalls its General Recommendations No. 36 (2020) on preventing and combating racial profiling by law enforcement officials; No. 35 (2013) on combatting racist hate speech; No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system; and No. 23 (1997) on the rights of indigenous peoples. It also recalls its previous concluding observations concerning India (CERD/C/IND/CO/19, para. 19).
In accordance with Article 9 (1) of the Convention and Article 66 of its Rules of procedure, the Committee requests the State Party to provide information on the above-mentioned allegations and the situation of Indigenous Adivasi Peoples in the Chhattisgarh State by 17 April 2026.
Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of India with a view to ensuring the effective implementation of the Convention.
Please accept, Excellency, the assurances of my highest consideration.
Yours sincerely,
Michal Balcerzak
Chair- Committee on the Elimination of Racial Discrimination
