Freedom of religion in India: Difference between revisions
m fix nonprinting characters using Project:AWB |
lead: copyedit: fix dashes, avoid ampersands, wikilink changes |
||
(932 intermediate revisions by more than 100 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] --> |
|||
{{Refimprove|date=July 2006}} |
|||
{{Use dmy dates|date=June 2016}} |
|||
{{Use Indian English|date=June 2016}} |
|||
{{Constitution of India}} |
|||
{{Religious freedom}} |
|||
'''Freedom of religion in India''' is a [[fundamental right]] guaranteed by Article 25–28 of the [[Constitution of India]].<ref>[[s:Constitution of India/Part III|article 15 of India Constitution]]</ref> Modern [[India]] came into existence in 1947 and the [[Indian constitution]]'s preamble was amended in 1976, to explicitly declare India a [[secular state]].<ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend42.htm|title=THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976|website=indiacode.nic.in|access-date=26 November 2015|archive-url=https://web.archive.org/web/20150328040620/http://indiacode.nic.in/coiweb/amend/amend42.htm|archive-date=28 March 2015|url-status=live}}</ref> Supreme Court of India ruled that India was already a secular state from the time it adopted its constitution, what actually was done through this amendment is to state explicitly what was earlier contained implicitly under article 25 to 28.<ref>https://www.lawctopus.com/academike/preamble-constitution-india/https://www.lawctopus.com/academike/preamble-constitution-india/ {{dead link|date=April 2019}}</ref> Every citizen of India has a right to practice and promote their religion peacefully. However, there have been numerous instances of religious intolerance that resulted in [[riot]]s and [[mob violence]]s; notably, the [[1984 Anti-Sikh Riots|1984 Sikh Massacre]] in and around [[Delhi]], 1990 [[Exodus of Kashmiri Hindus|Exile of Kashmiri Pandits (Brahmins)]] from [[Cashmere region|Kashmir (Cashmere)]], the [[Bombay Riots|1992–93 Bombay Riots]] in [[Mumbai (Bombay)]], the [[2008 Kandhamal violence|2008 Anti-Christian riots]] in [[Odisha (Orissa)]] and other [[anti-Christian violence in India]]. Some perpetrators of the [[1984 anti-Sikh riots|1984 Sikh Massacre]] have not been brought to justice despite widespread condemnation.<ref>{{cite book |last=Brass |first=Paul R. |title=The Production of Hindu-Muslim Violence in Contemporary India |publisher=University of Washington Press |isbn=978-0-295-98506-0 |year=2005 |page=65}}</ref><ref>* {{cite web |title=India: Communal Violence and the Denial of Justice |publisher=Human Rights Watch |year=1996 |url=https://www.hrw.org/reports/1996/India1.htm |access-date=4 December 2016 |archive-url=https://web.archive.org/web/20160305085759/https://www.hrw.org/reports/1996/India1.htm |archive-date=5 March 2016 |url-status=live }}</ref><ref>{{cite web|url=https://www.hrw.org/news/2014/10/29/india-no-justice-1984-anti-sikh-bloodshed|title=India: No Justice for Sikh Genocide Bloodshed|work=Human Rights Watch|date=2014-10-29|access-date=28 July 2015}}</ref><ref>{{cite web|url=https://www.amnesty.org.in/show/news/thousands-call-for-justice-for-victims-of-1984-sikh-massacres|title=Thousands call for justice for victims of 1984 Sikh massacres - Amnesty International India|work=Amnesty International India|access-date=28 July 2015|archive-url=https://web.archive.org/web/20151016220828/https://www.amnesty.org.in/show/news/thousands-call-for-justice-for-victims-of-1984-sikh-massacres|archive-date=16 October 2015|url-status=live}}</ref> |
|||
{{Pie chart |
|||
{{Politics of India}} |
|||
|thumb = right |
|||
'''Freedom of religion in India''' is a [[fundamental right]] guaranteed by the country's constitution. Every citizen of India has a right to practice and promote their religions peacefully. However there have been many incidents of religious intolerance which resulted in [[riot]]s, although the issues which caused these riots have been investigated and dealt with{{Citation needed|date=October 2007}}. |
|||
|caption = Religion in India (2011 census)<ref>{{cite web |url=http://www.censusindia.gov.in/2011census/C-01.html |url-status=dead |archive-url=https://web.archive.org/web/20150827210435/http://www.censusindia.gov.in/2011census/C-01.html |archive-date=27 August 2015 |title=Census of India : C-1 Population By Religious Community}}</ref> |
|||
|label1 = [[Hinduism]] |
|||
|value1 = 80.00 |
|||
|color1 = orange |
|||
|label2 = [[Islam]] |
|||
|value2 = 15.00 |
|||
|color2 = green |
|||
|label3 = [[Christianity]] |
|||
|value3 = 2.10 |
|||
|color3 = red |
|||
|label4 = [[Sikhism]] |
|||
|value4 = 1.60 |
|||
|color4 = blue |
|||
|label5 = [[Buddhism]] |
|||
|value5 = 0.70 |
|||
|color5 = pink |
|||
|label6 = [[Jainism]] |
|||
|value6 = 0.30 |
|||
|color6 = white |
|||
|label7 = Others |
|||
|value7 = 0.40 |
|||
|color7 = #ADD8E6}} |
|||
The [[Indian subcontinent]] is the birthplace of four major religions: [[Jainism]], [[Hinduism]], [[Buddhism]] and [[Sikhism]]. Even though [[Hindus]] form 80 percent of the population, India also has religious adherents concentrated in certain places: [[Jammu and Kashmir (union territory)|Jammu and Kashmir]] has a Muslim majority, [[Punjab, India|Punjab]] has a Sikh majority; [[Nagaland]], [[Meghalaya]] and [[Mizoram]] have [[Indian Christian|Christian majorities]]; states such as [[Maharashtra]], [[Gujarat]], [[Rajasthan]], [[Madhya Pradesh]] and [[Karnataka]] have significant minorities of [[Jains]]; the [[Indian Himalayan region|Himalayan states and territories]] such as [[Sikkim]], [[Ladakh]] and [[Arunachal]], the state of [[Maharashtra]], and the [[Darjeeling District]] of [[West Bengal]] have significant minorities of [[Buddhist]] populations. [[Islam]] is the largest minority religion, as [[Indian Muslims]] form the third largest Muslim population in the world and account for over 14 percent of the India's population. Other than [[Hindus and Muslims]], India is a [[cultural diversity|diverse]] country that is home to [[Sikh]], [[Indian Christians|Christian]], [[Buddhism in India|Buddhists]], [[Jain]], [[Parsi|Zoroastrian]], [[Indigenous religion in India|Indigenous]] and [[Irreligion in India|Irreligious]] populations. |
|||
[[India]] is one of the most diverse nations in terms of religion. Even though [[Hindus]] form close to 80 percent of the population, the [[Indian Muslims]] form the third largest [[Muslim]] population in the world, and the country also has large [[Sikh]], [[Christian]] and [[Zoroastrianism|Zoroastrian]] populations. It is home to the holiest shrines of four world religions: [[Hinduism]], [[Buddhism]], [[Jainism]] and [[Sikhism]]. |
|||
[[Rajni Kothari]], founder of the [[Centre for the Study of Developing Societies]] has written, "India is a country built on the foundations of a civilisation that is fundamentally tolerant."<ref>{{cite book|author=Rajni Kothari|title=Communalism in Indian Politics|url=https://books.google.com/books?id=ruNtAAAAMAAJ|year=1998|publisher=Rainbow Publishers|isbn=978-81-86962-00-8|pages=[https://books.google.com/books?id=ruNtAAAAMAAJ&dq=%22foundations+of+a+civilisation+that+is+fundamentally+non-religious%22&pg=PA134 134]|access-date=5 August 2016|archive-url=https://web.archive.org/web/20160519113812/https://books.google.com/books?id=ruNtAAAAMAAJ|archive-date=19 May 2016|url-status=live}}</ref> |
|||
Modern India came into existence in 1947 as a secular nation, two of the large sections of India, were partitioned into a new Islamic nation, [[Pakistan]] (East Pakistan later became [[Bangladesh]]). In Pakistan, the Hindu population declined from 24% to about 1.5%, in Bangladesh the Hindus declined from 39% to 10%. The Muslims in India have increased from 10.3% to 13.4% . |
|||
The [[Indian constitution]]'s preamble states that India is a [[secular state]]. |
|||
==History== |
|||
India has a [[Hindu]] President Mrs. [[Pratibha Patil]], Muslim Vice President Mr. [[M. Hamid Ansari]], a [[Sikh]] Prime Minister Dr. [[Manmohan Singh]] and a Catholic Defence Minister A.K.Antony. The powerful leader of the Congress Party [[Sonia Gandhi]] is a [[Christian]], while the leader of the opposition is [[L.K. Advani]], a [[Hindu]]. India's ex-[[President of India|President]] [[APJ Abdul Kalam]] was a [[Muslim]]. India had a prominent former Defence Minister [[George Fernandes]], a [[Christian]] (though not practicing) and a Hindu minister controlling foreign affairs. India's [[Indian Air Force|IAF]] Chief Fali H. Major is a [[Parsi people|Parsi]]. |
|||
{{More citations needed section|date=November 2017}} |
|||
===Tradition of religious freedom=== |
|||
India has been generally stated to have religious tolerance and people of different faiths can equally practice their religion publicly. |
|||
The plural nature of Indian society in the [[3rd century]] BC was encapsulated in an inscription of [[Ashoka]]: |
|||
<blockquote>King Priyadarshi ([[Ashoka]]) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, One must not exalt one's creed discrediting all others, nor must one degrade these others Without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.</blockquote> |
|||
==Historic== |
|||
===Historical tradition of religious freedom=== |
|||
The plural nature of the society in India was encapsulated in an inscription of [[Asoka]]: |
|||
:"King Piyadasi ([[Ashoka]]) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, One must not exalt one’s creed discrediting all others, nor must one degrade these others Without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.” |
|||
Emperor [[Kharvela]] (born in the family of Rajarshi Vasu) declares himself in his inscription (approximately 2nd century BCE):<ref>{{cite web|url=http://listserv.liv.ac.uk/cgi-bin/wa?A2=ind0103&L=INDOLOGY&P=R6520&I=-3 |title=INDOLOGY archives – March 2001 (#143) |publisher=Listserv.liv.ac.uk }}</ref> |
|||
{{blockquote| |
|||
:''sava pasaNDa-puujako, sava devaayatan-sa.nskaarako'' |
|||
sava pasa-nd-a-puujako, sava devaayatan-sanskaarako |
|||
I am worshipper of all sects, restorer of all shrines. |
|||
}} |
|||
Kharvela's self-description must be contrasted with other rulers around the world, who took pride in calling themselves "but-shikan" or "defender of the (only true) faith" |
Kharvela's self-description must be contrasted with other rulers around the world, who took pride in calling themselves "but-shikan" or "defender of the (only true) faith". |
||
Badayuni |
Badayuni in his Muntakhab-ut-Tawáríkh reports that the Mughal Emperor [[Akbar]], who had established the [[Din-i-Ilahi]] faith, decreed the following in AH 1000 (1551–1552 CE): |
||
<blockquote>Hindus who, when young, had from pressure become Musalmans, were allowed to go back to the faith of their fathers. No man should be interfered with on account of his religion, and every one should be allowed to change his religion, if he liked. ...People should not be molested, if they wished to build churches and prayer rooms, or idol temples, or fire temples.</blockquote> |
|||
The [[Sikh]] Gurus built freedom of religion in their faith to such an extent that while being a persecuted minority themselves under many Mughal rulers like [[Aurangzeb]], [[Sikhs]] felt obliged to fight for the religious freedom of others. The sixth Guru of Sikhs, [[Guru Hargobind]], even had a mosque built for his Muslim disciples, instead of putting them under any pressure to adopt the Sikh faith.<ref>{{Cite web|url=https://www.tribuneindia.com/2001/20010224/windows/main1.htm|title=The Tribune - Windows - Main Feature|website=tribuneindia.com|access-date=2019-08-23}}</ref> |
|||
====Refuge from religious persecution==== |
|||
The tradition of religious freedom continued under [[Sikh Empire]], and other Sikh Principalities where Sikh rulers commissioned several Gurdwaras, Temples and Mosques for their subjects of various faiths. |
|||
===Refuge from religious persecution=== |
|||
India, with its traditional tolerance, has served as a refuge for groups that have encountered persecution elsewhere. |
India, with its traditional tolerance, has served as a refuge for groups that have encountered persecution elsewhere. |
||
*Jews: Jews in India were granted lands and trading rights. The oldest of the three longest-established Jewish communities in India, traders from [[Judea]] and [[Israel]] arrived in the city of [[Cochin]], in what is now [[Kerala]], 2,500 years ago and are now known as [[Cochin Jews]]. According to recordings by Jews, the date of the first arrival is given at 562 BC. In 68 AD, more Jews fled to Kerala to escape attacks by the [[Ancient Rome|Romans]] on [[Jerusalem]].. |
|||
* [[Christians]]: Christianity is believed to have come to India in the 1st century. |
|||
* Christians: Christianity is believed to have come to India in the 1st century through [[Thomas the Apostle|Saint Thomas]] who formed the [[Saint Thomas Christians]] in Kerala. Later in the 15th and 16th centuries European Missionaries brought in Christianity in places such as [[Goa]] and [[Mangalore]]. Protestant Missionaries came in 18th and 19th centuries to [[North-East India]]. |
|||
* [[Parsi people|Parsi]]: The Zoroastrians from Iran arrived in India fleeing from religious persecution in their native Iran in the 9th century. They flourished in India and in 18-19th centuries intervened on behalf of their co-religionists in still in Iran. They have produced India's pioneering industrialist house of [[Tata Group|Tata]]s and one of the only two Indian Field Marshals in S. F. [[Manekshaw]]. |
|||
* [[Parsi people|Parsi]]: The [[Zoroastrian]]s from [[Greater Persia]] arrived in India fleeing from religious persecution in their native land in the 9th century. They flourished in India and in 18–19th centuries intervened on behalf of their co-religionists still in Greater Persia. They have produced India's pioneering industrialist house of Tata and one of the only two Indian Field Marshals in [[Sam Manekshaw]]. |
|||
*[[Jews]]: Jews in India were granted lands and trading rights.The oldest of the three longest-established Jewish communities in India, traders from Judea and Israel arrived in the city of Cochin, in what is now Kerala, 2,500 years ago and are now known as [[Cochin Jews]]. According to recordings by Jews, the date of the first arrival is given at 562 BC. In 68 AD, more Jews fled to Kerala to escape attacks by the Romans on Jerusalem. |
|||
*[[Tibetan Buddhists]]: India is now home to the [[Dalai Lama]], |
* [[Tibetan Buddhists]]: Apart from sheltering Tibetan Buddhist refugees who fled their country after it was occupied by China in 1959, India is now home to the [[Dalai Lama]], a high lama of the [[Gelug]] school of [[Tibetan Buddhism]]. |
||
*[[Baháʼí Faith|Baháʼí]]: {{As of|2011}}, India had world's largest Baháʼí population of 4,572 Baháʼís,<ref>{{cite web |url=http://www.censusindia.gov.in/2011census/population_enumeration.html |title=Population Enumeration Data |date=2011 |publisher=Government of India, Ministry of Home Affairs |access-date=17 December 2016 |archive-url=https://web.archive.org/web/20160522213913/http://www.censusindia.gov.in/2011census/population_enumeration.html |archive-date=22 May 2016 |url-status=live }}</ref> who took refuge in India from religious persecution in Iran. |
|||
=== Conversion history === |
|||
After the advent of Islam, when religious bias against the non-Islamic sects began to get severe {{citation needed|date=April 2020}}, Hinduism began to take on a distinctive identity. During the 16th century, [[Sikhism]] also arose and drew into its fold a number of people in [[Punjab, India|Punjab]]. [[Christianity]] has a history that traces back to the advent of Saint [[Thomas the Apostle]] in India around 48 AD. He is said to have been followed by [[Bartholomew]] around 55 AD. It is reported that when [[Vasco Da Gama]] visited [[Calicut]] in 1498 AD, he found over 2 lakh{{Clarify|reason=Convert units.|date=September 2018}} Christians in the Kerala area.<ref>{{cite book|last1=Sundar Raj|first1=Ebe|title=The Confusion Called Conversion|date=1998|publisher=TRACI|location=New Delhi|page=4}}</ref> The British Government in the beginning discouraged any missionary work; however, in 1837, it permitted entry of white missionaries in its territory because of the pressure from the evangelical lobby in the British parliament.{{citation needed|date=July 2014}} |
|||
Religious conversion has sparked a lot of attention and has caused hostilities in Indian families. Though conversion resolved the pre-conversion crisis, it resulted in more troubles in the convert's life. Different kinds of hostilities were: being killed, threatened with death, fear of future troubles or being disowned by parents and friends.<ref>{{cite journal |last=Iyadurai |first=Joshua |date=28 May 2010 |title=the step model of transformative religious experiences: a phenomenological understanding of religious conversions in india |journal=Pastoral Psychology |volume=60 |issue=4 |pages=505–521 |doi=10.1007/s11089-010-0287-6 |s2cid=146562025 }}<!--|access-date=9 February 2014--></ref> |
|||
=== BJP government === |
|||
In 2019, [[Human Rights Watch]] stated that dozens of vigilante killings against religious minorities in India have gone unpunished due to inertia or collusion, mostly in BJP-run states.<ref>{{cite news |title='Free pass for mobs': India urged to stem vigilante violence against minorities |url=https://www.theguardian.com/world/2019/feb/19/a-free-pass-for-mobs-to-kill-india-urged-to-stem-cow-vigilante-violence |access-date=29 April 2020 |work=the Guardian |date=19 February 2019 |language=en}}</ref> |
|||
In 2020, the [[United States Commission on International Religious Freedom]] (USCIRF) stated the [[Bharatiya Janata Party|BJP]] government under Prime minister [[Narendra Modi]] "allowed violence against minorities and their houses of worship to continue with impunity and also engaged in and tolerated hate speech and incitement to violence". The commission recommended India be labeled a "[[country of particular concern]]" which is the lowest of categories on the basis of religious freedom.<ref>{{cite news |title=Religious Freedom In India Takes 'Drastic Turn Downward,' U.S. Commission Says |url=https://www.npr.org/2020/04/28/847373064/religious-freedom-in-india-takes-drastic-turn-downward-u-s-commission-says |access-date=29 April 2020 |work=NPR.org |date=2020 |language=en}}</ref> In 2023, the USCIRF again recommended the [[US Department of State]] to designate India as a “country of particular concern” for the fourth year in a row.<ref name="AJ">{{cite news |title=US religious freedom panel again recommends India for blacklist |url=https://www.aljazeera.com/news/2023/5/1/us-religious-freedom-panel-again-recommends-india-for-blacklist? |work=Al Jazeera |date=1 May 2023 |language=en}}</ref> According to the commission, the Indian government “at the national, state and local levels promoted and enforced religiously discriminatory policies” that included “laws targeting religious conversion, interfaith relationships, the wearing of hijabs and cow slaughter, which negatively impact Muslims, Christians, Sikhs, Dalits and Adivasis (indigenous peoples and scheduled tribes)”.<ref name="AJ"/> |
|||
On 21 June 2022, Rep. [[Ilhan Omar]] (D-MN) introduced a resolution (H.Res.1196) to condemn human rights violations and violations of international religious freedom in India, including those targeting Muslims, Christians, Sikhs, Dalits, Adivasis, and other religious and cultural minorities. The resolution calls on the U.S. Secretary of State to designate India as a Country of Particular Concern under the International Religious Freedom Act, which has been recommended by the independent, bipartisan USCIRF for the past three years.<ref>{{Cite web |last=Omar |first=Ilhan |date=2022-06-21 |title=Text - H.Res.1196 - 117th Congress (2021-2022): Condemning human rights violations and violations of international religious freedom in India, including those targeting Muslims, Christians, Sikhs, Dalits, Adivasis, and other religious and cultural minorities. |url=https://www.congress.gov/bill/117th-congress/house-resolution/1196/text?r=1&s=1 |access-date=2022-08-05 |website=www.congress.gov}}</ref> |
|||
In February 2023, Justice For All, a Chicago-based human rights organization released a report titled 'The Nazification of India' which draws one on one parallels between [[Nazi Germany]] and India under the [[Bharatiya Janata Party|BJP]]-[[Rashtriya Swayamsevak Sangh|RSS]] regime.<ref>{{Cite web |last=Admin |first=J. F. A. |date=2023-02-28 |title=The Nazification of India |url=https://www.justiceforall.org/resources/reports/indiannazis/ |access-date=2023-10-28 |website=Justice For All |language=en-US}}</ref> The report alleges that BJP-RSS are establishing the ideology of Hindu supremacy called “Hindutva" which draws inspiration from [[Nazism]] and has led to the persecution of religious minorities including Muslims, Christians, Dalits and Sikhs. The report, however, focuses on Indian Muslims, who are the prime target. |
|||
== Laws and Indian Constitution == |
|||
The Preamble of the [[Indian Constitution]] has the word "secular", and articles 25 to 28 implying that the State will not discriminate, patronise or meddle in the profession of any religion.<ref>{{Cite web| url=https://edugeneral.org/blog/polity/fundamental-rights-articles-14-18-19-22-23-24-25-28-29-30-32/| title=Fundamental Rights (Articles 14-18, 19-22, 23-24, 25-28, 29-30, 32)| date=2017-09-03| access-date=3 September 2018| archive-url=https://web.archive.org/web/20180903184530/https://edugeneral.org/blog/polity/fundamental-rights-articles-14-18-19-22-23-24-25-28-29-30-32/| archive-date=3 September 2018| url-status=live}}</ref> However, it shields individual religions or groups by adding religious rights as fundamental rights. Article 25 says "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health".<ref>{{cite web |url=http://www.constitution.org/cons/india/p03025.html |title=Archived copy |website=www.constitution.org |access-date=13 January 2022 |archive-url=https://web.archive.org/web/20030118052127/http://www.constitution.org/cons/india/p03025.html |archive-date=18 January 2003 |url-status=dead}}</ref> Further, Article 26 says that all denominations can manage their own affairs in matters of religion. All these rights are subject to be regulated by the State.<ref name=":0">{{Cite book|title = Religion and Personal Law in Secular India: A Call to Judgment|url = https://books.google.com/books?id=HGV3noHZ1QMC|publisher = Indiana University Press|date = 2001-01-01|isbn = 978-0253214805|first = Gerald James|last = Larson|pages = 25–27|access-date = 16 September 2015|archive-url = https://web.archive.org/web/20160504181213/https://books.google.com/books?id=HGV3noHZ1QMC|archive-date = 4 May 2016|url-status=live}}</ref> |
|||
Article 25 (2b) uses the term "Hindus" for all classes and sections of [[Hinduism|Hindus]], [[Jainism|Jains]], [[Buddhism|Buddhists]] and [[Sikhism|Sikhs]].<ref name=":1" /> Sikhs and Buddhists objected to this wording that makes many Hindu [[Personal laws in India|personal laws]] applicable to them.<ref name=":1">{{Cite book|title = Freedom of Religion and Belief: A World Report|url = https://books.google.com/books?id=JxgFWwK8dXwC|publisher = Routledge|date = 2013-03-07|isbn = 9781134722297|first1 = Kevin|last1 = Boyle|first2 = Juliet|last2 = Sheen|pages = 191–192|access-date = 15 September 2015|archive-url = https://web.archive.org/web/20160513181649/https://books.google.com/books?id=JxgFWwK8dXwC|archive-date = 13 May 2016|url-status=live}}</ref> However, the same article also guarantees the right of members of the Sikh faith to bear a [[Kirpan]].<ref>The Constitution of India, Right to Freedom of religion, Article 25 | {{cite web|url=http://lawmin.nic.in/coi/coiason29july08.pdf |title=Archived copy |access-date=2011-09-03 |url-status=dead |archive-url=https://web.archive.org/web/20140909230437/http://lawmin.nic.in/coi/coiason29july08.pdf |archive-date=9 September 2014 |df=dmy }}</ref> Religions require no registration. The government can ban a religious organisation if it disrupts communal harmony, has been involved in terrorism or sedition, or has violated the Foreign Contributions Act. The government limits the entry of any foreign religious institution or missionary and since the 1960s, no new foreign missionaries have been accepted though long term established ones may renew their visas.<ref>{{Cite web|url =http://www.eclj.org/PDF/080303_Persecution_Memo_India.pdf|title =Religious Persecution in India|website =eclj.org|archive-url =https://web.archive.org/web/20150415095739/http://www.eclj.org/PDF/080303_Persecution_Memo_India.pdf|archive-date =15 April 2015|url-status=live}}</ref> [[Hate speech laws in India|Many sections of the law prohibit hate speech]] and provide penalties for writings, illustrations, or speech that insult a particular community or religion.{{citation needed|date=November 2020}} |
|||
Some major religious holidays like [[Diwali]] (Hindu), [[Christmas]] (Christian), [[Eid al-Fitr|Eid]] (Muslim) and [[Guru Nanak|Guru Nanak's]] birth anniversary (Sikh) are considered national holidays. Private schools offering religious instruction are permitted while government schools are non-religious.<ref>{{Cite book|title = Religious Freedom in Asia|url = https://books.google.com/books?id=HO4nIbBGUjEC|publisher = Nova Publishers|date = 2002-01-01|isbn = 9781590333914|first = Edward P.|last = Lipton|pages = 22–25|access-date = 20 September 2015|archive-url = https://web.archive.org/web/20160427121907/https://books.google.com/books?id=HO4nIbBGUjEC|archive-date = 27 April 2016|url-status=live}}</ref> |
|||
The government has set up the [[Ministry of Minority Affairs]], the [[National Human Rights Commission of India|National Human Rights Commission]] (NHRC) and the [[National Commission for Minorities]] (NCM) to investigate religious discrimination and to make recommendations for redressal to the local authorities. Though they do not have any power, local and central authorities generally follow them. These organisations have investigated numerous instances of religious tension including the implementation of "anti-conversion" bills in numerous states, the 2002 Gujarat violence against Muslims and the 2008 attacks against Christians in Orissa.<ref>{{Cite web|url = https://2009-2017.state.gov/documents/organization/171754.pdf|title = US State Dept 2017 report on Religious Freedom in India|website = state.gov}}</ref> |
|||
For [[Shia]] Muslims, the [[Grand Ashura Procession In Kashmir]] where they mourn the martyrdom of [[Husayn ibn Ali]] has been banned by the [[Government of Jammu and Kashmir]] from the 1990s. People taking part in it are detained, and injured<ref>{{cite web |url=http://www.greaterkashmir.com/news/2014/Nov/5/curfew-like-restrictions-in-srinagar-on-ashura-30.asp |title=Curfew like restrictions in Srinagar on Ashura Lastupdate:- Wed, 5 Nov 2014 18:30:00 GMT GreaterKashmir.com |website=www.greaterkashmir.com |access-date=13 January 2022 |archive-url=https://web.archive.org/web/20141118025912/http://www.greaterkashmir.com/news/2014/Nov/5/curfew-like-restrictions-in-srinagar-on-ashura-30.asp |archive-date=18 November 2014 |url-status=dead}}</ref> by [[Jammu and Kashmir Police]] every year.<ref name="RediffShia">{{cite news|title=50 Shia mourners detained in Srinagar on Muharram day|url=http://www.rediff.com/news/2006/feb/09shia.htm|access-date=13 April 2014|newspaper=Rediff|archive-url=https://web.archive.org/web/20140414032919/http://www.rediff.com/news/2006/feb/09shia.htm|archive-date=14 April 2014|url-status=live}}</ref> According to the government, this restriction was placed due to security reasons.<ref name="RediffShia" /> Local religious authorities and separatist groups condemned this action and said it is a violation of their fundamental religious rights.<ref>{{cite news|title=In Pictures: Mourners teargassed, arrested on Muharram in Kashmir|url=http://www.kashmirdispatch.com/story-in-pictures/04127239-in-pictures-arrests-protests-mark-muharram-in-kashmir.htm|access-date=13 April 2014|newspaper=Kashmir Dispatch|archive-url=https://web.archive.org/web/20140414004008/http://www.kashmirdispatch.com/story-in-pictures/04127239-in-pictures-arrests-protests-mark-muharram-in-kashmir.htm|archive-date=14 April 2014|url-status=live}}</ref> |
|||
=== Post-independence state laws === |
|||
<!--"Anti-conversion law in India" redirects here--> |
|||
The Article 25 of the Indian Constitution is a basic human right guarantee (see Articles 18 and 19 of the [[Universal Declaration of Human Rights]]) that cannot be subverted or misinterpreted in any manner.<ref>{{cite web|url=http://www.un.org/en/universal-declaration-human-rights/index.html|title=Universal Declaration of Human Rights|website=un.org|access-date=14 March 2019|archive-url=https://web.archive.org/web/20190311015835/http://www.un.org/en/universal-declaration-human-rights/index.html|archive-date=11 March 2019|url-status=live}}</ref> Anti-conversion laws are promulgated on the premise that forced or induced conversions happen and need to be prevented. |
|||
A consolidation of various anti-conversion or so-called "Freedom of Religion" Laws |
|||
has been done by the [[All Indian Christian Council]].<ref>{{cite web | title=Laws & Policies | url=http://www.aiccindia.org/newsite/0804061910/resources/Laws_and_Policies.htm | publisher=All India Christian Council | access-date=2007-12-29 | url-status=dead | archive-url=https://web.archive.org/web/20071227062514/http://www.aiccindia.org/newsite/0804061910/resources/Laws_and_Policies.htm | archive-date=27 December 2007 | df=dmy-all }}</ref><ref>See Sebastian Kim, In Search of Identity: Debates on Religious Conversion in India (Delhi & Oxford: Oxford University Press, 2003).</ref> Several Indian states passed [[Freedom of Religion Bill]]s primarily to prevent people from converting to Christianity. Orissa was the first state to bring such law named as 'Orissa Freedom of Religion Act, 1967'.<ref>{{cite web|url=http://www.thehindu.com/thehindu/op/2002/12/17/stories/2002121700110200.htm|title=Anti-conversion laws|access-date=2 February 2015|archive-url=https://web.archive.org/web/20161201021941/http://www.thehindu.com/thehindu/op/2002/12/17/stories/2002121700110200.htm|archive-date=1 December 2016|work=[[The Hindu]]|url-status=dead}}</ref> It was followed by [[Madhya Pradesh]] in 1968 and [[Arunachal Pradesh]] in 1978.<ref name="Osuri">{{cite journal |last=Osuri |first=Goldie |title=The Concern for Sovereignty in the Politics of Anti-conversion |journal=Religion Compass |volume=7 |pages=385–393 |number=9 |year=2013 |doi=10.1111/rec3.12064}}</ref>{{rp|385}} Christians protested against this saying that propagation of their faith was an important part of Christianity. Both laws enacted by the Orissa and Madhya Pradesh high courts were challenged stating Article 25 of the Constitution. The Supreme Court supported the laws saying, "What is freedom for one is freedom for the other in equal measure and there can, therefore, be no such thing as a fundamental right to convert any person to one's own religion". |
|||
[[Chhattisgarh]] in 2000 and [[Gujarat State]] in 2003 passed anti-conversion laws that prohibit forced or money induced conversions.<ref name="Osuri" />{{rp|385}}<ref>{{cite web |url=http://www.freepressjournal.in/anti-conversion-law-helpful-or-detrimental/495919 |title=Anti Conversion Law: Helpful or Detrimental? {{pipe}} Free Press Journal |website=www.freepressjournal.in |access-date=13 January 2022 |archive-url=https://web.archive.org/web/20160304100442/http://www.freepressjournal.in/anti-conversion-law-helpful-or-detrimental/495919 |archive-date=4 March 2016 |url-status=dead}}</ref><ref>{{Cite web | url=http://www.firstpost.com/india/ghar-vapasi-in-agra-the-unlevel-field-in-muslim-christian-and-hindu-conversion-1845031.html | title=Ghar vapasi in Agra: The unlevel field in Muslim, Christian and Hindu conversion | date=12 December 2014 | access-date=11 January 2016 | archive-url=https://web.archive.org/web/20160613091025/http://www.firstpost.com/india/ghar-vapasi-in-agra-the-unlevel-field-in-muslim-christian-and-hindu-conversion-1845031.html | archive-date=13 June 2016 | url-status=live }}</ref> In July 2006, the [[Madhya Pradesh]] government passed legislation requiring people who desire to convert to a different religion to provide the government with one month's notice, or face fines and penalties.<ref>{{cite web |url=http://news.bbc.co.uk/2/hi/south_asia/5215696.stm |title=Conversions harder in India state 26/07/2006 |work=BBC News |date=26 July 2006 |access-date=1 March 2008 |archive-url=https://web.archive.org/web/20080308084106/http://news.bbc.co.uk/2/hi/south_asia/5215696.stm |archive-date=8 March 2008 |url-status=live }}</ref> In August 2006, the [[Chhattisgarh]] State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate.<ref>{{cite web |last=Mohammad |first=Faisal |url=http://news.bbc.co.uk/2/hi/south_asia/5246328.stm |title=Christian anger at conversion law 04/08/2006 |work=BBC News |date=4 August 2006 |access-date=1 March 2008 |archive-url=https://web.archive.org/web/20080408151355/http://news.bbc.co.uk/2/hi/south_asia/5246328.stm |archive-date=8 April 2008 |url-status=live }}</ref> In February 2007, [[Himachal Pradesh]] became the first [[Indian National Congress|Congress Party]]-ruled state to adopt legislation banning illegal religious conversions.<ref>{{cite web |url=http://www.wwrn.org/article.php?idd=24314&sec=36&cont=4 |title=WorldWide Religious News-Himachal enforces anti-conversion law |publisher=Wwrn.org |date=22 February 2007 |url-status=dead |archive-url=https://web.archive.org/web/20071021220350/http://wwrn.org/article.php?idd=24314&sec=36&cont=4 |archive-date=21 October 2007 |df=dmy-all }}</ref> It was followed by [[Rajasthan]] in 2008, |
|||
but it has still not become an act. So total there are 10 states where freedom of religion bill has become an act- Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana,Himachal Pradesh, Uttarakhand, Uttar Pradesh and Jharkhand. |
|||
In 2013, the [[Bharatiya Janata Party]] general secretary [[Venkaiah Naidu]] has declared that his party would bring anti-conversion laws nationwide if his party is elected to power in 2014.<ref name="Osuri" />{{rp|385}} However, as of January 2018, the party does not yet have a majority in the Upper House of the Parliament. The president of party [[Amit Shah]] has challenged the opposition parties to support it in enacting such a law.<ref name="AmitShah">{{cite web|url=http://timesofindia.indiatimes.com/india/Let-secular-parties-support-anti-conversion-bill-Amit-Shah/articleshow/45590250.cms|title=Let secular parties support anti-conversion bill: Amit Shah|work=The Times of India|access-date=6 April 2015|archive-url=https://web.archive.org/web/20141225141727/http://timesofindia.indiatimes.com/india/Let-secular-parties-support-anti-conversion-bill-Amit-Shah/articleshow/45590250.cms|archive-date=25 December 2014|url-status=live}}</ref> The [[US State Department]] has said that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual increase in [[ideological]] Hindu nationalism ([[Hindutva]]).<ref>[http://timesofindia.indiatimes.com/articleshow/371954.cms TOI on International Religious Freedom Report 2003] {{Webarchive|url=https://web.archive.org/web/20071022111141/http://timesofindia.indiatimes.com/articleshow/371954.cms |date=22 October 2007 }}, released by the Bureau of Democracy, Human Rights and Labour of the US State Department</ref> |
|||
===Religious disturbances and conflicts in India before 1947=== |
|||
Incidents of religious intolerance, conflicts and riots have occurred at several points in time. |
|||
===Madhya Pradesh Freedom of Religion Act of 1968=== |
|||
* Islamic invaders such as [[Mahmud of Ghazni]] committed iconoclasm and genocide of Hindus. |
|||
The Niyogi Committee (1954) set up by the Congress government in [[Madhya Pradesh]] alleged that Christian missionaries were creating 'a state within a state' and observed that the 'philanthropic activities of Christian missionaries are a mask for proselytization.'<ref>Subhash Agarwal, 'Law, Order, & Religious Conversions', The Financial Express, Sept. 25, 2003.</ref> Missionary work was also opposed by the [[Sangh Parivar]]. The Madhya Pradesh Assembly rejected the Freedom of Religion Bills of 1958 and 1963. However, this bill was passed in 1968 as 'The Freedom of Religion Act.' The [[Madhya Pradesh]] 'Freedom of Religion Act' requires that a convert produce a legal affidavit that s/he was not under any pressure, force, or allurement to convert but was converting by own will and desire after evaluating the religion properly. Also according to this law, anyone who writes or speaks or sings of 'divine displeasure' (with an intention to induce [[forced conversion]] by means of threat) can be imprisoned for a period of up to two years and fined up to five thousand rupees. |
|||
* Various rulers of the [[Mughal era]] (such as [[Aurangzeb]]) are regarded as perpetrators of religious intolerance towards Hindus through acts such as imposition of [[jizya]]. |
|||
* The [[Goa Inquisition]] was carried out against the Hindu, Muslim and Jewish populations of [[Goa]] by Christian Missionaries. |
|||
* The [[Jews]] of [[Kerala]] were nearly exterminated by the Portuguese in the 16th century (see [[Christianity and anti-Semitism#Christian anti-Semitism in India]]) |
|||
===Orissa Freedom of Religions Act of 1967=== |
|||
==Controversy== |
|||
The [[Orissa]] Freedom of Religions Act of 1967 states that "no person shall convert or attempt to convert either directly or otherwise any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion". Contravention of this law was punishable with imprisonment of up to one year and/or a fine of up to Rs 5,000. In the case of a minor, a woman, or a person belonging to a Scheduled Caste or Tribe, the punishment was up to two years of imprisonment and the limit of the fine raised to Rs. 10,000. The Orissa High Court, however, struck down the Act as ultra vires of the Constitution on the ground that the state legislature did not have the right to legislate matters of religion. The same year, the state of [[Madhya Pradesh]] also enacted the [[Madhya Pradesh]] Freedom of Religion Act as seen above. However, the [[Madhya Pradesh]] High Court, in contrary to the Orissa High Court, negated the challenge of some Christians that the Act violated their fundamental right as provided under Article 25 of the Constitution. The decisions of both the Courts were challenged before the Supreme Court. The Supreme Court upheld the decision of the [[Madhya Pradesh]] High Court and reversed the decision of the Orissa High Court.<ref name="google1">{{cite book |url=https://books.google.com/books?id=WHQ2M1lLGVcC |title=Secularism in India - Domenic Marbaniang - Google Boeken |access-date=2013-03-01 |archive-url=https://web.archive.org/web/20160425051343/https://books.google.com/books?id=WHQ2M1lLGVcC&printsec=frontcover |archive-date=25 April 2016 |url-status=live |last1=Marbaniang |first1=Domenic }}</ref> |
|||
A US congressional body has put India on a list of countries which have failed to protect its religious minorities adequately. The [[US Commission on International Religious Freedom]] says India was added to the list because of a "disturbing increase" in religious violence. The US Commission on International Religious Freedom is a controversial body which has been criticised by [[Indian Christian]]s about this list.<ref>[http://in.christiantoday.com/articles/orissa-christians-reject-uscirf-report-defends-india/4382.htm Orissa Christians reject USCIRF report and defend India]</ref> |
|||
It mentioned the anti-Christian and anti-Muslim riots in Orissa and Gujarat in 2008 and 2002 respectively.<ref>http://news.bbc.co.uk/1/hi/world/south_asia/8198770.stm</ref> |
|||
===Arunachal Pradesh Freedom of Religion Act of 1978=== |
|||
==Laws against Conversions== |
|||
The Arunachal Pradesh government enacted this Act to protect the tribals of Arunachal Pradesh from forced conversions of any kind. It reads:<blockquote> 3) Prohibition of forcible conversion. No person shall convert or attempt to convert, either directly or otherwise any person from indigenous faith by use of force or by inducement or any fraudulent means nor shall any person abet any such conversion. 4) Punishment of Contravention of the Provision of Section. Any person contravening the provisions contained in Section 2, shall without prejudice to any civil liability, be punishable with imprisonment to the extent of two (2) years and fine up to ten thousand (10, 000) rupees. (i) whoever converts any person from his indigenous faith to any other faith or religion either by himself performing the ceremony for such conversion as a religious priest or by taking part directly in such ceremony shall, within such period after the ceremony as may be prescribed, send an intimation to the Deputy Commissioner of the District to which the person converted belongs, of the fact of such conversion in such forms as may be prescribed.<ref>Ebe Sunder Raj, The Confusion Called Conversion, pp. 141-2.</ref> </blockquote> |
|||
The [[US State Department]] has claimed that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual and continuous institutionalization of Hindutva.<ref>[http://timesofindia.indiatimes.com/articleshow/371954.cms TOI on International Religious Freedom Report 2003], released by the Bureau of Democracy, Human Rights and Labour of the US State Department</ref> Christian missionaries are accused of using inducements such as schooling, money, and even motorcycles and bicycles to lure poor people to the faith, and have also launched movements to reconvert many tribal Christians back to Hinduism. |
|||
===Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002=== |
|||
Most of the Anti-conversion laws are brief and leave a lot of ambiguity, which can be misused for inflicting persecution.{{Citation needed|October 2009|date=October 2009}} Legal experts{{Who|date=October 2009}} believe that wilful trespass by missionaries upon the sacred spaces of other faiths can be prosecuted under Section 295A of the Indian Penal Code, and as such there is no need for anti-conversion laws by individual states and they should be repealed.{{Citation needed|date=September 2008}} A consolidation of various Anti-conversion or "Freedom of Religion" Laws |
|||
The Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002 stated that 'No person shall convert or attempt to convert directly or otherwise any person from one religion to another either by use of force or by allurement or by any fraudulent means.' However, soon after the defeat of the [[Bharatiya Janata Party]]-led coalition in the 2004 elections, the Tamil Nadu Government led by Jayalalitha repealed the law in June.<ref name="google1"/> |
|||
has been done by the [[All Indian Christian Council]].<ref>{{cite web | title=Laws & Policies |url=http://www.aiccindia.org/newsite/0804061910/resources/Laws_and_Policies.htm | publisher=All India Christian Council |accessdate=2007-12-29}}</ref> |
|||
===Gujarat Freedom of Religion Act 2003=== |
|||
In the past, several Indian states passed anti-conversion bills primarily to preventing people from converting to Christianity. [[Arunachal Pradesh]] passed a bill in 1978. In 2003, [[Gujarat State]], after religious riots in 2002 (see [[2002 Gujarat violence]]), passed an anti-conversion bill in 2003. |
|||
{{main|Gujarat Freedom of Religion Act}} |
|||
The Gujarat Assembly passed the Freedom of Religion Act in March 2003. It was called the ''Dharam Swatantrata Vidheya'' (Freedom of Religion Act). [[Narendra Modi]], the Chief Minister of the State, called the Act as one of the main achievements of his government's one year in office. The law prohibited conversion by force or inducement.<ref name="google1"/> |
|||
=== Himachal Pradesh Freedom of Religion Act 2006 === |
|||
In July, 2006, Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one-month's notice, or face fines and penalties.<ref>[http://news.bbc.co.uk/2/hi/south_asia/5215696.stm Conversions harder in India state 26/07/2006]</ref> |
|||
Himachal Pradesh Freedom of Religion Act 2006 is a bill unanimously passed by the Legislature of [[Himachal Pradesh]] state in [[India]] on 19 December 2006. According to Chief minister [[Virbhadra Singh]], "The Bill was intended to prevent forcible conversions. Conversions created resentment among several sections of the society and also inflame religious passions leading to communal clashes," he said. He claimed the Bill was meant to prevent exploitation of the depressed classes. On 20 February 2007, Governor [[Vishnu Sadashiv Kokje]] gave his assent to the Himachal Pradesh Freedom of Religion Bill 2006.<ref>{{Cite web|date=29 December 2006|title=Freedom of Religion Bill passed|url=https://www.tribuneindia.com/2006/20061230/himachal.htm#2|access-date=2020-11-26|website=www.tribuneindia.com}}</ref> |
|||
===Jharkhand Freedom of Religion Act, 2017=== |
|||
In August, 2006, the Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate.<ref>[http://news.bbc.co.uk/2/hi/south_asia/5246328.stm Christian anger at conversion law 04/08/2006]</ref> |
|||
Jharkhand passed an anti-conversion law in 2017.<ref>{{Cite web |last=Chaudhuri |first=Pooja |date=2017-08-14 |title=Jharkhand Govt Passes Anti-Conversion Bill And Uses A Distorted Quote By Mahatma Gandhi To Trigger Hate |url=https://thelogicalindian.com/news/anti-conversion-bill-jharkhand-mahatma-gandhi/ |access-date=2022-12-12 |website=thelogicalindian.com |language=en}}</ref> |
|||
In February, 2007, Himachal Pradesh became the first [[Indian National Congress|Congress Party]] ruled state to adopt legislation banning illegal religious conversions.<ref>[http://www.wwrn.org/article.php?idd=24314&sec=36&cont=4 WorldWide Religious News-Himachal enforces anti-conversion law<!-- Bot generated title -->]</ref> |
|||
'''Uttarakhand Freedom of Religion Act, 2018''' |
|||
==Cases of religious violence== |
|||
[[Image:Ahmedabad riots1.jpg|200px|right|thumb|Many [[Ahmedabad]]'s buildings were set on fire during [[2002 Gujarat violence]]]] |
|||
* The [[National Liberation Front of Tripura]], an organization (presently almost disbanded), regarded as a Christian/Nationalist terrorist group operating in Northeastern India, have committed mass-murders on the Hindu population of the region. |
|||
* The Ghanchi Muslims of [[Gujarat]] have frequently carried out pogroms against Hindus, most notably the Sindhi riots in the 1960s. |
|||
* The murder of Indira Gandhi had triggered a riot against the [[Sikh]]s, often regarded as a ''Congress Party and its then leader Rajiv Gandhi'' supported pogrom (for details see [[1984 Anti-Sikh riots]]). |
|||
* The [[riot]]s against [[Muslims]] in Gujarat in 2002, triggered by [[Godhra train burning]](for details see [[2002 Gujarat violence]]). |
|||
* [[Hindus]] in [[Kashmir]] have frequently been murdered and ethnically cleansed from the region by Islamic extremists.(see [[Kashmiri Pandit]]) |
|||
Uttarakhand passed an anti-conversion law in 2018.<ref>{{Cite news |last=Mishra |first=Ishita |date=2022-11-16 |title=Uttarakhand amends Freedom of Religion Act to make forced conversion a cognisable offence |language=en-IN |work=The Hindu |url=https://www.thehindu.com/news/national/other-states/uttarakhand-amends-freedom-of-religion-act-to-make-forced-conversion-a-cognisable-offence/article66146100.ece |access-date=2022-12-12 |issn=0971-751X}}</ref> |
|||
===Situation of Muslims=== |
|||
{{Refimprovesect|date=February 2009}} |
|||
=== Uttar Pradesh Unlawful Conversion Prohibition Ordinance, 2020 === |
|||
[[Image:Babri rearview.jpg|right|thumb|200px|The 16th-century [[Babri Mosque]] in [[India]] was destroyed by a mob of Hindu activists in 1992.]] |
|||
{{Main|Prohibition of Unlawful Religious Conversion Ordinance, 2020}} |
|||
There were widespread riots during the [[Partition of India]] in 1947, with attacks on Muslim minorities by Hindu and Sikh mobs in response to attacks, killing, raping and violence of Hindus and Sikhs in Pakistan. |
|||
=== Karnataka === |
|||
In 1992, the [[Babri Mosque]] was demolished by Hindu mob on the basis of their assertion that this was built on the birthplace of God Raam (one of the most revered avatar of Vishnu) and a temple existed at the site before the erection of the Mosque. |
|||
{{Main|2008 anti-Christian attacks in Karnataka}} |
|||
On 15 Oct, 2021, the [[chief Ministers of Karnataka|CM of Karnataka]], Mr [[Basavaraj Bommai]] ordered a survey into "unauthorised" Christian missionaries, in a bid to introduce an [[freedom of religion|anti-conversion]] law in [[Karnataka]] state.<ref>{{cite web | url=https://indianexpress.com/article/cities/bangalore/karnataka-assembly-panel-to-order-survey-on-christian-missionary-work-7574115/ | title=Karnataka: Assembly panel to order survey on Christian missionary work | date=16 October 2021 }}</ref> |
|||
On 23 December 2021, the [[Basavaraj Bommai ministry]] approved and passed the [[Karnataka Protection of Right to Freedom of Religion Act, 2021]] in the [[Karnataka Legislative Assembly]].<ref>{{cite web |url=https://www.livemint.com/news/india/anticonversion-bill-passed-by-karnataka-legislative-assembly-amidst-din-11640262999589.html |title = Anti-conversion Bill passed by Karnataka Legislative Assembly, amidst din| date=23 December 2021 }}</ref> |
|||
The [[Sangh Parivar]] family of organisations, has allegedly been involved in encouraging negative [[stereotyping]] of Muslims. However most of these allegations were founded on historic facts where Muslim rulers had destroyed temples and places of religious importance to Hindus.{{Citation needed|date=January 2009}} In recent history also, Muslim terrorists in Kashmir had forced millions of Hindus out of their own land in their own country.{{Citation needed|date=January 2009}} The seeds of hatred against Muslims were deeply embedded in history.{{Citation needed|date=January 2009}} |
|||
'''The Haryana Prevention of Unlawful Conversion of Religion Bill-2022''' |
|||
The [[2002 Gujarat violence]] was result of the [[Godhra train burning]], in which 58 Hindus, returning from pilgrimage and including 25 women and 15 children, were burnt alive, after the train had been stopped by a Muslim mob. This perceived act of extreme violence against generally peaceful Hindus provoked mass scale riots. One of the most serious instances of violence was the Best Bakery incident, which incident involved the gruesome killing of 14 people.<ref>www.pucl.org: [http://www.pucl.org/Topics/Religion-communalism/2003/best-bakery.htmBest bakery case]</ref> According to the official report, in total the riots led to the death of 1044 people in total (including those from the train fire), 754 Muslims and 290 Hindus.<ref>BBC News: [http://news.bbc.co.uk/2/hi/south_asia/4536199.stm Gujarat riot death toll revealed]</ref> |
|||
The Haryana State Assembly passed the Haryana Prevention of Unlawful Conversion of Religion Bill, 2022, against religious conversion by allurement, coercion or fraudulent means.<ref>{{Cite news |title=Haryana passes anti-conversion Bill |language=en-IN |work=The Hindu |url=https://www.thehindu.com/news/national/other-states/haryana-assembly-passes-anti-conversion-bill-amid-congress-opposition-walkout/article65248890.ece |access-date=2022-04-05 |issn=0971-751X}}</ref> |
|||
[[Human Rights Watch]] puts the death toll at higher figures, with 2000 deaths, mostly Muslim, but with attacks against Hindus by Muslim mobs as well.<ref>[http://hrw.org/reports/2002/india/ http://hrw.org/reports/2002/india/] ''Hrw.org'' Retrieved on 05-24-07</ref> One Reuters article speaks of more than 2000 dead Muslims.<ref>www.uk.reuters.com: [http://uk.reuters.com/article/lifestyleMolt/idUKTRE4BA0XS20081211 Indian film on sectarian violence wins Asia awards]</ref> |
|||
==2020s== |
|||
===Situation of Christians=== |
|||
According to a [[Pew Research Center|Pew Research]] report from 2021, across India, most people (84%) say that to be “truly Indian” it is very important to respect all religions, and that respecting other religions is an important part of being a member of their own religious community (80%). Further, people in all six major religious groups (Hindus, Muslims, Christians, Sikhs, Buddhists, Jains) overwhelmingly said they are very free to practice their faiths, and most say that people of other faiths also are very free to practice their own religion.<ref name=pew>{{cite web | url=https://www.pewresearch.org/fact-tank/2021/06/29/key-findings-about-religion-in-india/ | title=Key findings about religion in India|publisher= [[Pew Research Center]]}}</ref> |
|||
{{Main|Anti-Christian violence in India}} |
|||
{{POV-check|date=October 2008}} |
|||
[[Hindu]] [[extremist]] attacks against Christians, especially in the states of [[Gujarat]], [[Madhya Pradesh]], and [[Orissa]], have occurred in recent years in response to missionary activity by evangelical Christians. These missionaries have been involved in aggressive conversion techniques such as spreading offensive stories about [[Hindu gods and goddesses]], along with tricks of miraculous curing by Christian healers as claimed by Hindu groups. They also state that these missionaries are rich in donations from other countries and use that money to lure people into their faith.<ref>[http://www.hinduonnet.com/fline/fl1608/16080360.htm Another attack in Orissa<!-- Bot generated title -->]</ref>. |
|||
In 2022, the country was scored 2 out of 4 for religious freedom.<ref>{{cite web | url=https://freedomhouse.org/country/india/freedom-world/2022 | title=Key findings about religion in India|publisher= [[Freedom House]]}}</ref> |
|||
August 23, 2008, Orissa once again made the news after a Hindu religious preacher was murdered in the eastern State of Orissa. Hindus in their response resorted to large scale, mob violence against Christians. (see: [[Religious violence in Orissa]]) |
|||
Within weeks attacks against Christians spread to the south Indian state of [[Karnataka]], where an Evangelical outfit called The New Light Church distributed vulgar pamphlets about Hindu gods. In several cities throughout the State, right-wing Hindu militant mobs attacked churches and Christian-owned businesses.<ref>http://timesofindia.indiatimes.com/Conversion_fire_engulfs_Karnataka_seven_churches_vandalized/articleshow/3483344.cms</ref> In Mangalore, Christians blocked roads and marched against police stations. |
|||
== |
==Further reading== |
||
* Madhya Pradesh (India)., & Niyogi, M. B. (1956). Vindicated by time: The Niyogi Committee report on Christian missionary activities. Nagpur: Government Printing, Madhya Pradesh. |
|||
* [[Partition of India]] |
|||
* Shourie, Arun. (2006). Missionaries in India: Continuities, changes, dilemmas. New Delhi: Rupa.{{ISBN|9788172232702}} |
|||
* [[2002 Gujarat violence]] |
|||
* Shourie, A. (2006). Harvesting our souls: Missionaries, their design, their claims. New Delhi: Rupa. |
|||
* [[Persecution of Christians]] |
|||
* Shourie, A. (2006). Indian controversies: Essays on religion in politics. New Delhi: Rupa & Co. {{ISBN|978-8190019927}} |
|||
* [[Persecution of Hindus]] |
|||
* Shourie, A. (2012). World of fatwas or the sharia in action. Harpercollins India. |
|||
* [[Persecution of Muslims]] |
|||
* Swarup, D. (1986). Politics of conversion. Delhi: Deendayal Research Institute. |
|||
* Sharma, A. (2014). Hinduism as a missionary religion. New Delhi: Dev Publishers & Distributors. |
|||
==References== |
==References== |
||
{{Reflist}} |
{{Reflist|30em}} |
||
* RELIGIOUS DEMOGRAPHY OF INDIA: A.P. Joshi, M.D. Srinivas, J.K. Bajaj; Centre for Policy Studies. |
|||
==External links== |
==External links== |
||
*{{cite web |
*{{cite web |
||
| url = |
| url = https://2001-2009.state.gov/g/drl/rls/irf/2006/71440.htm |
||
| title = International Religious Freedom Report 2006 - India |
| title = International Religious Freedom Report 2006 - India |
||
| |
| access-date = 2006-11-08 |
||
| accessyear = |
|||
| author = |
|||
| last = |
|||
| first = |
|||
| authorlink = |
|||
| coauthors = |
|||
| date = |
|||
| year = |
|||
| month = |
|||
| work = |
|||
| publisher = U.S. Department of State |
| publisher = U.S. Department of State |
||
| pages = |
|||
| language = |
|||
| archiveurl = |
|||
| archivedate = |
|||
| quote = |
|||
}} |
}} |
||
*[https://www.state.gov/reports/2022-report-on-international-religious-freedom/Zimbabwe US State Dept 2022 report] |
|||
*[http://www.southasiaanalysis.org/papers/paper82.html US REPORT ON RELIGIOUS FREEDOM IN INDIA, a critique] |
|||
*[http://www.vigilonline.com/index.php?option=com_content&task=view&id=544&Itemid=103 US REPORT ON RELIGIOUS FREEDOM IN INDIA, a critique] |
|||
*[http://www.state.gov/g/drl/rls/irf/2001/index.cfm?docid=5685 International Religious Freedom Report - India] |
|||
*[https://web.archive.org/web/20011112182402/http://www.state.gov/g/drl/rls/irf/2001/index.cfm?docid=5685 International Religious Freedom Report 2001 - India] |
|||
*[http://www.vnn.org/editorials/ET0110/ET31-6939.html Hindu Genocide] |
|||
*[https://web.archive.org/web/20070927183940/http://www.vnn.org/editorials/ET0110/ET31-6939.html Hindu Genocide] |
|||
* [European Imperialism - http://www.hinduwisdom.info/European_Imperialism.htm and Islamic Onslaught on India - http://www.hinduwisdom.info/Islamic_Onslaught.htm] |
|||
* [http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/3534071.stm BBC website, ''Christians convert back to Hinduism''] |
|||
{{Asia topic|Freedom of religion in}} |
{{Asia topic|Freedom of religion in}} |
||
{{Religion in India topics}} |
|||
{{DEFAULTSORT:Freedom Of Religion In India}} |
|||
[[Category:Religion in India]] |
[[Category:Religion in India]] |
||
[[Category: |
[[Category:Freedom of religion by country|India]] |
||
[[Category: |
[[Category:Freedom of expression in India]] |
Latest revision as of 03:10, 6 November 2024
Part of a series on the |
Constitution of India |
---|
Preamble |
Freedom of religion |
---|
Religion portal |
Freedom of religion in India is a fundamental right guaranteed by Article 25–28 of the Constitution of India.[1] Modern India came into existence in 1947 and the Indian constitution's preamble was amended in 1976, to explicitly declare India a secular state.[2] Supreme Court of India ruled that India was already a secular state from the time it adopted its constitution, what actually was done through this amendment is to state explicitly what was earlier contained implicitly under article 25 to 28.[3] Every citizen of India has a right to practice and promote their religion peacefully. However, there have been numerous instances of religious intolerance that resulted in riots and mob violences; notably, the 1984 Sikh Massacre in and around Delhi, 1990 Exile of Kashmiri Pandits (Brahmins) from Kashmir (Cashmere), the 1992–93 Bombay Riots in Mumbai (Bombay), the 2008 Anti-Christian riots in Odisha (Orissa) and other anti-Christian violence in India. Some perpetrators of the 1984 Sikh Massacre have not been brought to justice despite widespread condemnation.[4][5][6][7]
The Indian subcontinent is the birthplace of four major religions: Jainism, Hinduism, Buddhism and Sikhism. Even though Hindus form 80 percent of the population, India also has religious adherents concentrated in certain places: Jammu and Kashmir has a Muslim majority, Punjab has a Sikh majority; Nagaland, Meghalaya and Mizoram have Christian majorities; states such as Maharashtra, Gujarat, Rajasthan, Madhya Pradesh and Karnataka have significant minorities of Jains; the Himalayan states and territories such as Sikkim, Ladakh and Arunachal, the state of Maharashtra, and the Darjeeling District of West Bengal have significant minorities of Buddhist populations. Islam is the largest minority religion, as Indian Muslims form the third largest Muslim population in the world and account for over 14 percent of the India's population. Other than Hindus and Muslims, India is a diverse country that is home to Sikh, Christian, Buddhists, Jain, Zoroastrian, Indigenous and Irreligious populations.
Rajni Kothari, founder of the Centre for the Study of Developing Societies has written, "India is a country built on the foundations of a civilisation that is fundamentally tolerant."[9]
History
[edit]This section needs additional citations for verification. (November 2017) |
Tradition of religious freedom
[edit]The plural nature of Indian society in the 3rd century BC was encapsulated in an inscription of Ashoka:
King Priyadarshi (Ashoka) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, One must not exalt one's creed discrediting all others, nor must one degrade these others Without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.
Emperor Kharvela (born in the family of Rajarshi Vasu) declares himself in his inscription (approximately 2nd century BCE):[10]
sava pasa-nd-a-puujako, sava devaayatan-sanskaarako
I am worshipper of all sects, restorer of all shrines.
Kharvela's self-description must be contrasted with other rulers around the world, who took pride in calling themselves "but-shikan" or "defender of the (only true) faith".
Badayuni in his Muntakhab-ut-Tawáríkh reports that the Mughal Emperor Akbar, who had established the Din-i-Ilahi faith, decreed the following in AH 1000 (1551–1552 CE):
Hindus who, when young, had from pressure become Musalmans, were allowed to go back to the faith of their fathers. No man should be interfered with on account of his religion, and every one should be allowed to change his religion, if he liked. ...People should not be molested, if they wished to build churches and prayer rooms, or idol temples, or fire temples.
The Sikh Gurus built freedom of religion in their faith to such an extent that while being a persecuted minority themselves under many Mughal rulers like Aurangzeb, Sikhs felt obliged to fight for the religious freedom of others. The sixth Guru of Sikhs, Guru Hargobind, even had a mosque built for his Muslim disciples, instead of putting them under any pressure to adopt the Sikh faith.[11] The tradition of religious freedom continued under Sikh Empire, and other Sikh Principalities where Sikh rulers commissioned several Gurdwaras, Temples and Mosques for their subjects of various faiths.
Refuge from religious persecution
[edit]India, with its traditional tolerance, has served as a refuge for groups that have encountered persecution elsewhere.
- Jews: Jews in India were granted lands and trading rights. The oldest of the three longest-established Jewish communities in India, traders from Judea and Israel arrived in the city of Cochin, in what is now Kerala, 2,500 years ago and are now known as Cochin Jews. According to recordings by Jews, the date of the first arrival is given at 562 BC. In 68 AD, more Jews fled to Kerala to escape attacks by the Romans on Jerusalem..
- Christians: Christianity is believed to have come to India in the 1st century through Saint Thomas who formed the Saint Thomas Christians in Kerala. Later in the 15th and 16th centuries European Missionaries brought in Christianity in places such as Goa and Mangalore. Protestant Missionaries came in 18th and 19th centuries to North-East India.
- Parsi: The Zoroastrians from Greater Persia arrived in India fleeing from religious persecution in their native land in the 9th century. They flourished in India and in 18–19th centuries intervened on behalf of their co-religionists still in Greater Persia. They have produced India's pioneering industrialist house of Tata and one of the only two Indian Field Marshals in Sam Manekshaw.
- Tibetan Buddhists: Apart from sheltering Tibetan Buddhist refugees who fled their country after it was occupied by China in 1959, India is now home to the Dalai Lama, a high lama of the Gelug school of Tibetan Buddhism.
- Baháʼí: As of 2011[update], India had world's largest Baháʼí population of 4,572 Baháʼís,[12] who took refuge in India from religious persecution in Iran.
Conversion history
[edit]After the advent of Islam, when religious bias against the non-Islamic sects began to get severe [citation needed], Hinduism began to take on a distinctive identity. During the 16th century, Sikhism also arose and drew into its fold a number of people in Punjab. Christianity has a history that traces back to the advent of Saint Thomas the Apostle in India around 48 AD. He is said to have been followed by Bartholomew around 55 AD. It is reported that when Vasco Da Gama visited Calicut in 1498 AD, he found over 2 lakh[clarification needed] Christians in the Kerala area.[13] The British Government in the beginning discouraged any missionary work; however, in 1837, it permitted entry of white missionaries in its territory because of the pressure from the evangelical lobby in the British parliament.[citation needed]
Religious conversion has sparked a lot of attention and has caused hostilities in Indian families. Though conversion resolved the pre-conversion crisis, it resulted in more troubles in the convert's life. Different kinds of hostilities were: being killed, threatened with death, fear of future troubles or being disowned by parents and friends.[14]
BJP government
[edit]In 2019, Human Rights Watch stated that dozens of vigilante killings against religious minorities in India have gone unpunished due to inertia or collusion, mostly in BJP-run states.[15]
In 2020, the United States Commission on International Religious Freedom (USCIRF) stated the BJP government under Prime minister Narendra Modi "allowed violence against minorities and their houses of worship to continue with impunity and also engaged in and tolerated hate speech and incitement to violence". The commission recommended India be labeled a "country of particular concern" which is the lowest of categories on the basis of religious freedom.[16] In 2023, the USCIRF again recommended the US Department of State to designate India as a “country of particular concern” for the fourth year in a row.[17] According to the commission, the Indian government “at the national, state and local levels promoted and enforced religiously discriminatory policies” that included “laws targeting religious conversion, interfaith relationships, the wearing of hijabs and cow slaughter, which negatively impact Muslims, Christians, Sikhs, Dalits and Adivasis (indigenous peoples and scheduled tribes)”.[17]
On 21 June 2022, Rep. Ilhan Omar (D-MN) introduced a resolution (H.Res.1196) to condemn human rights violations and violations of international religious freedom in India, including those targeting Muslims, Christians, Sikhs, Dalits, Adivasis, and other religious and cultural minorities. The resolution calls on the U.S. Secretary of State to designate India as a Country of Particular Concern under the International Religious Freedom Act, which has been recommended by the independent, bipartisan USCIRF for the past three years.[18]
In February 2023, Justice For All, a Chicago-based human rights organization released a report titled 'The Nazification of India' which draws one on one parallels between Nazi Germany and India under the BJP-RSS regime.[19] The report alleges that BJP-RSS are establishing the ideology of Hindu supremacy called “Hindutva" which draws inspiration from Nazism and has led to the persecution of religious minorities including Muslims, Christians, Dalits and Sikhs. The report, however, focuses on Indian Muslims, who are the prime target.
Laws and Indian Constitution
[edit]The Preamble of the Indian Constitution has the word "secular", and articles 25 to 28 implying that the State will not discriminate, patronise or meddle in the profession of any religion.[20] However, it shields individual religions or groups by adding religious rights as fundamental rights. Article 25 says "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health".[21] Further, Article 26 says that all denominations can manage their own affairs in matters of religion. All these rights are subject to be regulated by the State.[22]
Article 25 (2b) uses the term "Hindus" for all classes and sections of Hindus, Jains, Buddhists and Sikhs.[23] Sikhs and Buddhists objected to this wording that makes many Hindu personal laws applicable to them.[23] However, the same article also guarantees the right of members of the Sikh faith to bear a Kirpan.[24] Religions require no registration. The government can ban a religious organisation if it disrupts communal harmony, has been involved in terrorism or sedition, or has violated the Foreign Contributions Act. The government limits the entry of any foreign religious institution or missionary and since the 1960s, no new foreign missionaries have been accepted though long term established ones may renew their visas.[25] Many sections of the law prohibit hate speech and provide penalties for writings, illustrations, or speech that insult a particular community or religion.[citation needed]
Some major religious holidays like Diwali (Hindu), Christmas (Christian), Eid (Muslim) and Guru Nanak's birth anniversary (Sikh) are considered national holidays. Private schools offering religious instruction are permitted while government schools are non-religious.[26]
The government has set up the Ministry of Minority Affairs, the National Human Rights Commission (NHRC) and the National Commission for Minorities (NCM) to investigate religious discrimination and to make recommendations for redressal to the local authorities. Though they do not have any power, local and central authorities generally follow them. These organisations have investigated numerous instances of religious tension including the implementation of "anti-conversion" bills in numerous states, the 2002 Gujarat violence against Muslims and the 2008 attacks against Christians in Orissa.[27]
For Shia Muslims, the Grand Ashura Procession In Kashmir where they mourn the martyrdom of Husayn ibn Ali has been banned by the Government of Jammu and Kashmir from the 1990s. People taking part in it are detained, and injured[28] by Jammu and Kashmir Police every year.[29] According to the government, this restriction was placed due to security reasons.[29] Local religious authorities and separatist groups condemned this action and said it is a violation of their fundamental religious rights.[30]
Post-independence state laws
[edit]The Article 25 of the Indian Constitution is a basic human right guarantee (see Articles 18 and 19 of the Universal Declaration of Human Rights) that cannot be subverted or misinterpreted in any manner.[31] Anti-conversion laws are promulgated on the premise that forced or induced conversions happen and need to be prevented.
A consolidation of various anti-conversion or so-called "Freedom of Religion" Laws has been done by the All Indian Christian Council.[32][33] Several Indian states passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. Orissa was the first state to bring such law named as 'Orissa Freedom of Religion Act, 1967'.[34] It was followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978.[35]: 385 Christians protested against this saying that propagation of their faith was an important part of Christianity. Both laws enacted by the Orissa and Madhya Pradesh high courts were challenged stating Article 25 of the Constitution. The Supreme Court supported the laws saying, "What is freedom for one is freedom for the other in equal measure and there can, therefore, be no such thing as a fundamental right to convert any person to one's own religion".
Chhattisgarh in 2000 and Gujarat State in 2003 passed anti-conversion laws that prohibit forced or money induced conversions.[35]: 385 [36][37] In July 2006, the Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one month's notice, or face fines and penalties.[38] In August 2006, the Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate.[39] In February 2007, Himachal Pradesh became the first Congress Party-ruled state to adopt legislation banning illegal religious conversions.[40] It was followed by Rajasthan in 2008, but it has still not become an act. So total there are 10 states where freedom of religion bill has become an act- Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana,Himachal Pradesh, Uttarakhand, Uttar Pradesh and Jharkhand.
In 2013, the Bharatiya Janata Party general secretary Venkaiah Naidu has declared that his party would bring anti-conversion laws nationwide if his party is elected to power in 2014.[35]: 385 However, as of January 2018, the party does not yet have a majority in the Upper House of the Parliament. The president of party Amit Shah has challenged the opposition parties to support it in enacting such a law.[41] The US State Department has said that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual increase in ideological Hindu nationalism (Hindutva).[42]
Madhya Pradesh Freedom of Religion Act of 1968
[edit]The Niyogi Committee (1954) set up by the Congress government in Madhya Pradesh alleged that Christian missionaries were creating 'a state within a state' and observed that the 'philanthropic activities of Christian missionaries are a mask for proselytization.'[43] Missionary work was also opposed by the Sangh Parivar. The Madhya Pradesh Assembly rejected the Freedom of Religion Bills of 1958 and 1963. However, this bill was passed in 1968 as 'The Freedom of Religion Act.' The Madhya Pradesh 'Freedom of Religion Act' requires that a convert produce a legal affidavit that s/he was not under any pressure, force, or allurement to convert but was converting by own will and desire after evaluating the religion properly. Also according to this law, anyone who writes or speaks or sings of 'divine displeasure' (with an intention to induce forced conversion by means of threat) can be imprisoned for a period of up to two years and fined up to five thousand rupees.
Orissa Freedom of Religions Act of 1967
[edit]The Orissa Freedom of Religions Act of 1967 states that "no person shall convert or attempt to convert either directly or otherwise any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion". Contravention of this law was punishable with imprisonment of up to one year and/or a fine of up to Rs 5,000. In the case of a minor, a woman, or a person belonging to a Scheduled Caste or Tribe, the punishment was up to two years of imprisonment and the limit of the fine raised to Rs. 10,000. The Orissa High Court, however, struck down the Act as ultra vires of the Constitution on the ground that the state legislature did not have the right to legislate matters of religion. The same year, the state of Madhya Pradesh also enacted the Madhya Pradesh Freedom of Religion Act as seen above. However, the Madhya Pradesh High Court, in contrary to the Orissa High Court, negated the challenge of some Christians that the Act violated their fundamental right as provided under Article 25 of the Constitution. The decisions of both the Courts were challenged before the Supreme Court. The Supreme Court upheld the decision of the Madhya Pradesh High Court and reversed the decision of the Orissa High Court.[44]
Arunachal Pradesh Freedom of Religion Act of 1978
[edit]The Arunachal Pradesh government enacted this Act to protect the tribals of Arunachal Pradesh from forced conversions of any kind. It reads:
3) Prohibition of forcible conversion. No person shall convert or attempt to convert, either directly or otherwise any person from indigenous faith by use of force or by inducement or any fraudulent means nor shall any person abet any such conversion. 4) Punishment of Contravention of the Provision of Section. Any person contravening the provisions contained in Section 2, shall without prejudice to any civil liability, be punishable with imprisonment to the extent of two (2) years and fine up to ten thousand (10, 000) rupees. (i) whoever converts any person from his indigenous faith to any other faith or religion either by himself performing the ceremony for such conversion as a religious priest or by taking part directly in such ceremony shall, within such period after the ceremony as may be prescribed, send an intimation to the Deputy Commissioner of the District to which the person converted belongs, of the fact of such conversion in such forms as may be prescribed.[45]
Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002
[edit]The Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002 stated that 'No person shall convert or attempt to convert directly or otherwise any person from one religion to another either by use of force or by allurement or by any fraudulent means.' However, soon after the defeat of the Bharatiya Janata Party-led coalition in the 2004 elections, the Tamil Nadu Government led by Jayalalitha repealed the law in June.[44]
Gujarat Freedom of Religion Act 2003
[edit]The Gujarat Assembly passed the Freedom of Religion Act in March 2003. It was called the Dharam Swatantrata Vidheya (Freedom of Religion Act). Narendra Modi, the Chief Minister of the State, called the Act as one of the main achievements of his government's one year in office. The law prohibited conversion by force or inducement.[44]
Himachal Pradesh Freedom of Religion Act 2006
[edit]Himachal Pradesh Freedom of Religion Act 2006 is a bill unanimously passed by the Legislature of Himachal Pradesh state in India on 19 December 2006. According to Chief minister Virbhadra Singh, "The Bill was intended to prevent forcible conversions. Conversions created resentment among several sections of the society and also inflame religious passions leading to communal clashes," he said. He claimed the Bill was meant to prevent exploitation of the depressed classes. On 20 February 2007, Governor Vishnu Sadashiv Kokje gave his assent to the Himachal Pradesh Freedom of Religion Bill 2006.[46]
Jharkhand Freedom of Religion Act, 2017
[edit]Jharkhand passed an anti-conversion law in 2017.[47]
Uttarakhand Freedom of Religion Act, 2018
Uttarakhand passed an anti-conversion law in 2018.[48]
Uttar Pradesh Unlawful Conversion Prohibition Ordinance, 2020
[edit]Karnataka
[edit]On 15 Oct, 2021, the CM of Karnataka, Mr Basavaraj Bommai ordered a survey into "unauthorised" Christian missionaries, in a bid to introduce an anti-conversion law in Karnataka state.[49]
On 23 December 2021, the Basavaraj Bommai ministry approved and passed the Karnataka Protection of Right to Freedom of Religion Act, 2021 in the Karnataka Legislative Assembly.[50]
The Haryana Prevention of Unlawful Conversion of Religion Bill-2022
The Haryana State Assembly passed the Haryana Prevention of Unlawful Conversion of Religion Bill, 2022, against religious conversion by allurement, coercion or fraudulent means.[51]
2020s
[edit]According to a Pew Research report from 2021, across India, most people (84%) say that to be “truly Indian” it is very important to respect all religions, and that respecting other religions is an important part of being a member of their own religious community (80%). Further, people in all six major religious groups (Hindus, Muslims, Christians, Sikhs, Buddhists, Jains) overwhelmingly said they are very free to practice their faiths, and most say that people of other faiths also are very free to practice their own religion.[52]
In 2022, the country was scored 2 out of 4 for religious freedom.[53]
Further reading
[edit]- Madhya Pradesh (India)., & Niyogi, M. B. (1956). Vindicated by time: The Niyogi Committee report on Christian missionary activities. Nagpur: Government Printing, Madhya Pradesh.
- Shourie, Arun. (2006). Missionaries in India: Continuities, changes, dilemmas. New Delhi: Rupa.ISBN 9788172232702
- Shourie, A. (2006). Harvesting our souls: Missionaries, their design, their claims. New Delhi: Rupa.
- Shourie, A. (2006). Indian controversies: Essays on religion in politics. New Delhi: Rupa & Co. ISBN 978-8190019927
- Shourie, A. (2012). World of fatwas or the sharia in action. Harpercollins India.
- Swarup, D. (1986). Politics of conversion. Delhi: Deendayal Research Institute.
- Sharma, A. (2014). Hinduism as a missionary religion. New Delhi: Dev Publishers & Distributors.
References
[edit]- ^ article 15 of India Constitution
- ^ "THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976". indiacode.nic.in. Archived from the original on 28 March 2015. Retrieved 26 November 2015.
- ^ https://www.lawctopus.com/academike/preamble-constitution-india/https://www.lawctopus.com/academike/preamble-constitution-india/ [dead link ]
- ^ Brass, Paul R. (2005). The Production of Hindu-Muslim Violence in Contemporary India. University of Washington Press. p. 65. ISBN 978-0-295-98506-0.
- ^ * "India: Communal Violence and the Denial of Justice". Human Rights Watch. 1996. Archived from the original on 5 March 2016. Retrieved 4 December 2016.
- ^ "India: No Justice for Sikh Genocide Bloodshed". Human Rights Watch. 29 October 2014. Retrieved 28 July 2015.
- ^ "Thousands call for justice for victims of 1984 Sikh massacres - Amnesty International India". Amnesty International India. Archived from the original on 16 October 2015. Retrieved 28 July 2015.
- ^ "Census of India : C-1 Population By Religious Community". Archived from the original on 27 August 2015.
- ^ Rajni Kothari (1998). Communalism in Indian Politics. Rainbow Publishers. pp. 134. ISBN 978-81-86962-00-8. Archived from the original on 19 May 2016. Retrieved 5 August 2016.
- ^ "INDOLOGY archives – March 2001 (#143)". Listserv.liv.ac.uk.
- ^ "The Tribune - Windows - Main Feature". tribuneindia.com. Retrieved 23 August 2019.
- ^ "Population Enumeration Data". Government of India, Ministry of Home Affairs. 2011. Archived from the original on 22 May 2016. Retrieved 17 December 2016.
- ^ Sundar Raj, Ebe (1998). The Confusion Called Conversion. New Delhi: TRACI. p. 4.
- ^ Iyadurai, Joshua (28 May 2010). "the step model of transformative religious experiences: a phenomenological understanding of religious conversions in india". Pastoral Psychology. 60 (4): 505–521. doi:10.1007/s11089-010-0287-6. S2CID 146562025.
- ^ "'Free pass for mobs': India urged to stem vigilante violence against minorities". the Guardian. 19 February 2019. Retrieved 29 April 2020.
- ^ "Religious Freedom In India Takes 'Drastic Turn Downward,' U.S. Commission Says". NPR.org. 2020. Retrieved 29 April 2020.
- ^ a b "US religious freedom panel again recommends India for blacklist". Al Jazeera. 1 May 2023.
- ^ Omar, Ilhan (21 June 2022). "Text - H.Res.1196 - 117th Congress (2021-2022): Condemning human rights violations and violations of international religious freedom in India, including those targeting Muslims, Christians, Sikhs, Dalits, Adivasis, and other religious and cultural minorities". www.congress.gov. Retrieved 5 August 2022.
- ^ Admin, J. F. A. (28 February 2023). "The Nazification of India". Justice For All. Retrieved 28 October 2023.
- ^ "Fundamental Rights (Articles 14-18, 19-22, 23-24, 25-28, 29-30, 32)". 3 September 2017. Archived from the original on 3 September 2018. Retrieved 3 September 2018.
- ^ "Archived copy". www.constitution.org. Archived from the original on 18 January 2003. Retrieved 13 January 2022.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Larson, Gerald James (1 January 2001). Religion and Personal Law in Secular India: A Call to Judgment. Indiana University Press. pp. 25–27. ISBN 978-0253214805. Archived from the original on 4 May 2016. Retrieved 16 September 2015.
- ^ a b Boyle, Kevin; Sheen, Juliet (7 March 2013). Freedom of Religion and Belief: A World Report. Routledge. pp. 191–192. ISBN 9781134722297. Archived from the original on 13 May 2016. Retrieved 15 September 2015.
- ^ The Constitution of India, Right to Freedom of religion, Article 25 | "Archived copy" (PDF). Archived from the original (PDF) on 9 September 2014. Retrieved 2011-09-03.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Religious Persecution in India" (PDF). eclj.org. Archived (PDF) from the original on 15 April 2015.
- ^ Lipton, Edward P. (1 January 2002). Religious Freedom in Asia. Nova Publishers. pp. 22–25. ISBN 9781590333914. Archived from the original on 27 April 2016. Retrieved 20 September 2015.
- ^ "US State Dept 2017 report on Religious Freedom in India" (PDF). state.gov.
- ^ "Curfew like restrictions in Srinagar on Ashura Lastupdate:- Wed, 5 Nov 2014 18:30:00 GMT GreaterKashmir.com". www.greaterkashmir.com. Archived from the original on 18 November 2014. Retrieved 13 January 2022.
- ^ a b "50 Shia mourners detained in Srinagar on Muharram day". Rediff. Archived from the original on 14 April 2014. Retrieved 13 April 2014.
- ^ "In Pictures: Mourners teargassed, arrested on Muharram in Kashmir". Kashmir Dispatch. Archived from the original on 14 April 2014. Retrieved 13 April 2014.
- ^ "Universal Declaration of Human Rights". un.org. Archived from the original on 11 March 2019. Retrieved 14 March 2019.
- ^ "Laws & Policies". All India Christian Council. Archived from the original on 27 December 2007. Retrieved 29 December 2007.
- ^ See Sebastian Kim, In Search of Identity: Debates on Religious Conversion in India (Delhi & Oxford: Oxford University Press, 2003).
- ^ "Anti-conversion laws". The Hindu. Archived from the original on 1 December 2016. Retrieved 2 February 2015.
- ^ a b c Osuri, Goldie (2013). "The Concern for Sovereignty in the Politics of Anti-conversion". Religion Compass. 7 (9): 385–393. doi:10.1111/rec3.12064.
- ^ "Anti Conversion Law: Helpful or Detrimental? | Free Press Journal". www.freepressjournal.in. Archived from the original on 4 March 2016. Retrieved 13 January 2022.
- ^ "Ghar vapasi in Agra: The unlevel field in Muslim, Christian and Hindu conversion". 12 December 2014. Archived from the original on 13 June 2016. Retrieved 11 January 2016.
- ^ "Conversions harder in India state 26/07/2006". BBC News. 26 July 2006. Archived from the original on 8 March 2008. Retrieved 1 March 2008.
- ^ Mohammad, Faisal (4 August 2006). "Christian anger at conversion law 04/08/2006". BBC News. Archived from the original on 8 April 2008. Retrieved 1 March 2008.
- ^ "WorldWide Religious News-Himachal enforces anti-conversion law". Wwrn.org. 22 February 2007. Archived from the original on 21 October 2007.
- ^ "Let secular parties support anti-conversion bill: Amit Shah". The Times of India. Archived from the original on 25 December 2014. Retrieved 6 April 2015.
- ^ TOI on International Religious Freedom Report 2003 Archived 22 October 2007 at the Wayback Machine, released by the Bureau of Democracy, Human Rights and Labour of the US State Department
- ^ Subhash Agarwal, 'Law, Order, & Religious Conversions', The Financial Express, Sept. 25, 2003.
- ^ a b c Marbaniang, Domenic. Secularism in India - Domenic Marbaniang - Google Boeken. Archived from the original on 25 April 2016. Retrieved 1 March 2013.
- ^ Ebe Sunder Raj, The Confusion Called Conversion, pp. 141-2.
- ^ "Freedom of Religion Bill passed". www.tribuneindia.com. 29 December 2006. Retrieved 26 November 2020.
- ^ Chaudhuri, Pooja (14 August 2017). "Jharkhand Govt Passes Anti-Conversion Bill And Uses A Distorted Quote By Mahatma Gandhi To Trigger Hate". thelogicalindian.com. Retrieved 12 December 2022.
- ^ Mishra, Ishita (16 November 2022). "Uttarakhand amends Freedom of Religion Act to make forced conversion a cognisable offence". The Hindu. ISSN 0971-751X. Retrieved 12 December 2022.
- ^ "Karnataka: Assembly panel to order survey on Christian missionary work". 16 October 2021.
- ^ "Anti-conversion Bill passed by Karnataka Legislative Assembly, amidst din". 23 December 2021.
- ^ "Haryana passes anti-conversion Bill". The Hindu. ISSN 0971-751X. Retrieved 5 April 2022.
- ^ "Key findings about religion in India". Pew Research Center.
- ^ "Key findings about religion in India". Freedom House.
External links
[edit]- "International Religious Freedom Report 2006 - India". U.S. Department of State. Retrieved 8 November 2006.
- US State Dept 2022 report
- US REPORT ON RELIGIOUS FREEDOM IN INDIA, a critique
- International Religious Freedom Report 2001 - India
- Hindu Genocide
- BBC website, Christians convert back to Hinduism