State of religious freedom in India

By Kashif-ul-Huda, TwoCircles.net,

It doesn’t take a US Commission to know that religious freedom is shrinking in India but it does help in throwing a light on this subject. There has been a new wave of anti-conversion laws passed since 2000 that takes away individual’s right to choose a religion – a clear violation of fundamental right guaranteed by the Indian Constitution. The Article 25 of the Constitution gives citizens of India the right to “profess, practice and propagate religion,” all these rights have come into increased attack in the last few years.


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A total of eight states have passed anti-conversion laws. Orissa (1967), Madhya Pradesh (1968), and Arunachal Pradesh (1978) were the early ones. Tamil Nadu (2002), Gujarat (2003), Chhattisgarh (inherited from MP in 2000, amended in 2006), Himachal Pradesh (2006) and Rajasthan (2008) were the new states to pass laws that restricted religious freedom.



TCN file photo

A look at the news reports, especially since the new NDA government took office last May, shows the vitriol and hate that Hindu right wing leaders are subjecting Muslims and Christians on a regular basis. That some of these hate mongers are part of the government makes it so much more worst.

What is USCIRF?

The US Commission on International Religious Freedom (USCIRF) was established in 1998 by the International Religious Freedom Act. USCIRF issues annual reports monitoring religious freedom in 33 countries. In the report it makes policy recommendations to the President, the Secretary of State, and Congress of the United States.

Countries covered by USCIRF:

Afghanistan, Azerbaijan, Bahrain, Bangladesh, Belarus, Burma, Central African Republic, China, Cuba, Cyprus, Egypt, Eritrea, India, Indonesia, Iran, Iraq, Kazakhstan, Kyrgyzstan, Laos, Malaysia, Nigeria, North Korea, Pakistan, Russia, Saudi Arabia, Sri Lanka, Sudan, Syria, Tajikistan, Turkey, Turkmenistan, Uzbekistan, and Vietnam.

Errors in the report:

“Rajasthan’s parliament passed an anti-conversion bill but it was never signed by the state’s Chief Minister.”

Laws passed by state assemblies are signed by the governors and not the chief ministers.

“Muslims also complain that most Indian states violate their religious freedom by restricting or banning cow slaughter, which is required for Muslims during Eid al-Adha (Festival of the Sacrifice).”

Sacrificing cow is definitely not a requirement for Muslims. But a big animals like cows, buffaloes and camels which can be shared by seven people is cheaper option than goats which are many-fold more expensive.

Politics of violence

Notwithstanding the minor errors, the report is correct in observation that communal violence or religiously-motivated incidents have increased over the last few years. “The states of Andhra Pradesh, Uttar Pradesh, Bihar, Chhattisgarh, Gujarat, Odisha, Karnataka, Madhya Pradesh, Maharashtra, and Rajasthan tend to have the greatest number of religiously-motivated attacks and communal violence incidents.” All states that either BJP completely controls or seeks to increase its political influence.

John Dayal, spokesperson of the United Christian Forum, told TwoCirlces.net in a statement that “Sangh Parivar is almost the one single entity that has triggered the international scrutiny of India’s record of its treatment of religious, and in many cases, its ethnic minorities. The Sangh is hostile, intolerant and full of hate, against all religious minorities, even if its primary target may be Muslims and Christians. The silence of (Prime Minister) Narendra Modi, on their activities and his refusal or failure to condemn his former comrades in the Sangh aggravates the situation.”

Indian American Muslim Council (IAMC) also took note of the USCIRF report. “The international community is rightly concerned about the state of religious freedom in India, given the attacks have targeted minorities, their institutions and places of worship, their right to practice and propagate their religions and even their sources of livelihood. In the case of Sikhs, Hindutva elements have even targeted the community’s right to self-identification as a distinct religious community,” said Umar Malick, president of IAMC in a statement.

While in the past, the end goal of communal violence was to win elections. But the communal hate that decades of Sangh Parivar campaign has unleashed has begun to chart a path of its own. Now, there are Hindu right-wing outfits that openly call for violence and, in fact, many of these have been found to be involved in terror acts, hate crimes against communities and individuals. Lack of political will has meant that the government is unable to take any serious action against these groups.

Of the 38 banned organizations by the Ministry of Home Affairs (MHA), there is not a single Hindutva organization even though South Asia Terrorism Portal counts at least 128 fatalities (from 2005 to 2015) due to Hindutva extremism. SATP number is conservative as it doesn’t include communal violence (e.g. Muzaffarnagar) or hate crime against individuals (e.g. Mohsin Shaikh killed in Pune). The message that the Government of India sends is clear that Hindutva organizations not only can spew venom against Muslims but can also carry out the violent acts against Dalits, Christians, and Muslims and get away with it easily.

India’s response

In response to a question on a report by USCIRF, the MEA Official Spokesperson stated:

“Our attention has been drawn to a Report of the USCIRF which has passed judgement on religious freedom in India. It appears to be based on limited understanding of India, its constitution and its society.

We take no cognizance of this report.”

This three-sentence response does not do justice to a serious issue. Time and again Modi government has missed the opportunity to reassure its religious minority population that the new government is government for all Indians and not just Hindus.

It missed the opportunity when Mohsin Shaikh, a technology professional, was killed in Pune just days after the Modi government took oath of office. The government was again found to be mum when churches were getting vandalized. Government on certain occasions disassociated itself from vitriolic comments from its Members of Parliaments and Ministers but there has not been any official rebuke and they continue to be part of the government. It is a clear message to the grassroots Hindutva workers that they can get away with murders.

History & future

India has been on USCIRF list of tier 2 counties since 2009 which was a period when Congress-led UPA government was in power. The victory of BJP in 2014 Lok Sabha election has given confidence to the Hindutva forces to become more ferocious in their speech and deed. The silence of Modi is acknowledgement of the fact that Modi’s victory would not have been possible without the grass root level work of hate and mobilization of these same forces. All this happened under the very nose of “secular” UPA government and if they were not active supporter then at least mute spectator of changes happening in the society.

“The government is the main agency which can take steps to reassure the minorities of their security and freedom of faith and belief, and which can contain the hate apparatus and the violent elements and restore the rule of law in this. This is the only way it can raise its head high in the international forums. It needs be remembered that India is a signatory to the Universal charter of human rights, and has a Constitution, which guarantees freedom of religion,” Dayal wrote to TwoCircles.net.

It is clear that the government of India has failed to play its role under UPA and now under NDA government. The fear now is that these Hindutva forces control the government rather than other way around. Without any strong movement to counter hate and the government unwilling to do its constitutional duty, the future of religious freedom in India is bleak.

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