New York, NY | May 2025 — Columbia Law School’s Human Rights Institute (HRI), in partnership with the Clooney Foundation for Justice’s TrialWatch initiative and National Law University Delhi (NLU Delhi), has published a comprehensive report examining over 400 criminal cases initiated against journalists in India between 2012 and 2022. The report provides critical empirical and legal analysis of the way criminal law is systematically employed across Indian states to suppress independent journalism and curtail freedom of expression. Accompanying the report is a publicly accessible online interactive database, which enables users to explore incidents by location, legal provision, and procedural outcome. This resource is designed to support scholarly research, policy development, and human rights advocacy at both domestic and international levels.

“This report has considerable constitutional significance. It shows you how the constitutionally protected freedom of the press is being eroded by the application of regular criminal law and procedure,” said Anup Surendranath, Professor of Law who supervised the research at National Law University Delhi. 

The report was officially launched this week at the India Habitat Centre in New Delhi. It documents the widespread misuse of vague and overly broad criminal laws—such as defamation, sedition, and public order provisions—to prosecute journalists for their work. Notably, the research shows that reporting on public officials was the most common reason journalists were charged, with 147 documented incidents directly linked to scrutiny of government actors and authorities.

The report also offers a detailed geographic breakdown of the dataset, revealing stark disparities in legal exposure. Journalists operating in rural and semi-urban areas were disproportionately arrested, in 58% of all documented incidents, compared to just 24% in major metropolitan centers. Notably, the vast majority of these prosecutions did not result in convictions or full judicial trials, suggesting that the process itself functions as a form of punishment.

“Communities across India rely on local journalists for access to timely and accurate information,” said Tejal Jesrani, Director of the TrialWatch Project at Columbia Law School’s Human Rights Institute. “Our findings reveal that these very journalists face the greatest hurdles in accessing justice at every stage of the criminal process, threatening not only their ability to report but also raising serious concerns under both constitutional and international human rights law.”

In addition to empirical findings, the report presents qualitative evidence gathered through interviews with affected journalists. These narratives detail severe personal and professional consequences, including mental health impacts, financial instability, and disruptions to family life. As one journalist recounted, “My family felt tortured due to my absence [after an arrest], particularly my young children. Families are often shattered due to these prolonged legal battles.”

Despite India's introduction of a revised penal code in 2024, the statutes most frequently used against journalists remain largely unchanged. It is therefore important that lawmakers and judicial authorities critically reassess these provisions in light of India’s constitutional obligations and international human rights standards.

“At TrialWatch, our goal is to reveal how authorities at every level and across different jurisdictions are expanding the playbook to target journalists and restrict speech,” said Stephen Townley, Legal Director of CFJ’s TrialWatch. “The report adds new perspective to a global discussion while providing valuable data to Indian stakeholders.” 

The Human Rights Institute advances international human rights through education, advocacy, fact-finding, interdisciplinary research, scholarship, and critical reflection. Our collaboration with CFJ TrialWatch and NLU Delhi exemplifies this commitment to interdisciplinary research and the protection of human rights.

You can read the full report here and browse the interactive database. 

For more information about HRI’s TrialWatch Project, please visit: https://hri.law.columbia.edu/our-work/equality-and-justice/trialwatch-project. 

For more on CFJ’s global work, visit: https://cfj.org/trialwatch