06.03.2007 - Source: US Department of State

Laws against forcible conversions; anticonversion laws ("Country Report on Human Rights Practices 2006") [ID 19774]

"The states of Arunachal Pradesh, Chattisgharh, Madhya Pradesh, and Orissa have laws against forcible conversions. Gujarat passed anti-conversion legislation which has never been enacted as the state government has yet to publish the regulations needed for enforcement. [...] While there were some reported arrests throughout the country, there were no convictions under anticonversion laws during the year.  Reports from faith-based NGOs and the media indicated that there were four arrests in Andhra Pradesh, 14 in Chhattisgarh, 28 in Madhya Pradesh, two in Orissa, and one in Uttar Pradesh between July 2005 and June. In most cases, the people picked up under the conversion laws are released on bail after spending a night in police custody. Faith-based NGOs allege that this is a systematic strategy to discourage Christian prayer meetings.  "

Document(s): Open document

06.03.2007 - Source: US Department of State

Tensions between religous groups ("Country Report on Human Rights Practices 2006") [ID 19779]

"Tensions between religious groups, while rare, continued during the year. Attacks on religious minorities occurred in several states, which brought into question the state governments' ability to prevent sectarian and religious violence or prosecute those responsible.  "

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Violations of the rights of minorities ("SAARC Human Rights Report 2006") [ID 18431]

General situation, Attacks on the minorities by militant groups in Jammu & Kashmir

"The religious minorities in India constituted 18.6 % of the total population as per 2001 census of India. Of them, Muslims constituted 12%, Christians 2.3%, Sikhs 1.9%, Buddhists 0.8%, Jains 0.4% and others 0.7%.[281]

The National Commission for Minorities is mandated to safeguard the constitutional legal rights of the minorities. Only 15 States - Andhra Pradesh (Statutory Commission), Assam (Non-Statutory), Bihar (Statutory), Chhattisgarh (Statutory), Delhi (Statutory), Jharkhand (Statutory), Karnataka (Statutory), Madhya Pradesh (Statutory), Maharashtra (Non-Statutory), Manipur (Non-Statutory), Rajasthan (Statutory), Tamil Nadu (Non-Statutory), Uttar Pradesh (Statutory), Uttaranchal (Statutory), and West Bengal (Statutory) have established State Minorities Commission.[282]

The recommendations of the National Commission for Minorities were seldom implemented. In a resolution adopted on 30 March 2005, the NCM stated, “The provisions of the Bodh Gaya Temple Act, 1949, are not in harmony with the Fundamental Right enshrined in Article 26 of the Constitution, guaranteeing the right of freedom to every religious denomination to manage their respective religious affairs. Appropriate legal measures should be taken to ensure that all members of the committee entrusted with the management and control of the Bodh Gaya Temple, including the Mahabodi Mahavira in Bihar are Buddhists”.[283] Under the Bodh Gaya Temple Act, 1949, the Hindus run the management of the Bodhgaya complex in Bihar. But the recommendation of the NCM remained unimplemented."

Document(s): Open document

16.02.2006 - Source: Christian Solidarity Worldwide

Gujarat: Some 300,000 Hindu activists and fundamentalists held mass rally in Dangs district calling for nationwide anti-conversion law; run-up to event characterised by anti-minority propaganda ("Hindu extremists' mass rally calls for nationwide anti-conversion law") [#44262],  [ID 6456]

Document(s): Open document

08.11.2005 - Source: US Department of State

International Religious Freedom Report 2005 ("International Religious Freedom Report 2005") [#38873],  [ID 6457]

Document(s): Open document

26.05.2004 - Source: Amnesty International

Annual Report 2004 (covering 2003) ("Annual Report 2004") [#22668],  [ID 6458]

"Discrimination

Socially and economically marginalized groups, such as dalits, adivasis, women and religious minorities, including Muslims, continued to face discrimination at the hands of the police, the criminal justice system and non-state actors.

In April a government-appointed committee under the direction of Justice Malimath published its recommendations for reforms of the criminal justice system in India. There were concerns that the Committee’s recommendations threatened to weaken protection of women’s rights in law. For example the Committee recommended that in cases where the offence of cruelty is committed against a woman by her husband or his relatives, it should be possible to settle the case out of court and bail should be available to the accused. The Committee’s reasoning for this proposal was that it would facilitate forgivenessof the husband and the return of the woman to the matrimonial home.

The Malimath Committee was silent on issues related to protecting the rights of the poor, dalits, ethnic and religious minorities and other disadvantaged communities who face daily abuse and violence. The criminalization of poverty coupled with the complete inability of the poor to negotiate the criminal justice system and retain competent legal counsel, remained a major human rights problem as such individuals were at risk of mistreatment without redress."

Document(s): Open document
Open document

04.2004 - Source: UK Home Office

Freedom of Religion ("Country Report - April 2004") [#22427],  [ID 6459]

"6.27 As cited in the 1997 report of the Special Rapporteur on religious intolerance, the preamble to the Indian Constitution proclaims India's commitment to democracy and secularism and guarantees all citizens freedom of religion and belief as well as the right to practise religion freely. [6b](p3) According to the US Department of State International Religious freedom report 2003, “There are many religions and a large variety of denominations, groups, and subgroups in the country, but Hinduism is the dominant religion.” [2b](p2)
6.28 The Special Rapporteur’s 1997 report notes, the Penal Code prohibits and punishes any violation of tolerance and non-discrimination based on religion or belief: promoting enmity between different groups on grounds of religion (Section 135A); injuring or defiling a place of worship with intent to insult the religion of any class (Section 295); deliberate and malicious acts intended to outrage the religious feeling of any class by insulting its religion (Section 295A); disturbing religious assembly (Section 296); and uttering words with deliberate intent to wound religious feelings (Section 298) [6b](p4)
6.29 The Special Rapporteur’s 1997 report states, under the Representation of the People Act 1951, it is an offence for a candidate to call upon someone to vote or to abstain from voting by playing on his religion, or using religious symbols as a means of promoting that candidate's election prospects. [6b](p5)
6.30 The US Department of State’s International Religious Freedom Report 2003 states, “According to the latest government estimates, Hindus constitute 82 percent India April 2004 of the population, Muslims 12 percent, Christians 2.3 percent, Sikhs 2.0 percent, and others, including Buddhists, Jains, Parsis (Zoroastrians), Jews, and Baha'is, less than 2 percent. Hinduism has a large number of branches, including the Sanatan and Arya Samaj groups. Slightly more than 90 percent of Muslims are Sunni; the rest are Shi'a. Buddhists include followers of the Mahayana and Hinayana schools, and there are both Catholic and Protestant Christians. Tribal groups (members of indigenous groups historically outside the caste system), which in government statistics generally are included among Hindus, often practice traditional indigenous religions. Hindus and Muslims are spread throughout the country, although large Muslim populations are found in the states of Uttar Pradesh, Bihar, Maharashtra, West Bengal, Andhra Pradesh, and Kerala, and Muslims are a majority in Jammu and Kashmir. Christian concentrations are found in the northeastern states, as well as in the southern states of Kerala, Tamil Nadu, and Goa. Three small northeastern states have large Christian majorities--Nagaland, Mizoram, and Meghalaya. Sikhs are a majority in the state of Punjab”.[2b]( p1-2)
6.31 The United Nations Special Rapporteur on Religious Intolerance 1997 concluded that the situation in India relating to tolerance and non-discrimination based on religion is generally satisfactory. The country's commitment to democracy, sound democratic institutions, legislative and Government measures, and the secular nature of the State all contributed to religious tolerance in India. [6b](p14) In their Annual Report on International Religious Freedom, 2003, the U.S. Department of State concluded that despite the incidents of violence and discrimination during the period covered by the report, relations between various religious groups are generally amicable among the substantial majority of citizens. “There are efforts at ecumenical understanding that bring religious leaders together to defuse religious tensions.” [2b](p14) The US State Department Report 2003 noted that, “…The Indian Government found that 80% of attacks on minorities were motivated by local incidents, economic arguments, or intradenominational feuds”. [2c](p20)
6.32 The Government has taken steps to promote interfaith understanding. The National Integration Council is a non-statutory body with an objective of maintaining social tranquillity and communal harmony. According to the US Department of State report for International religious Freedom 2003,”The National Commission for Minorities and the NHRC have appointed members and are tasked respectively with protecting the rights of minorities and protecting human rights. These governmental bodies investigate allegations of discrimination and bias, and can make recommendations to the relevant local or central Government authorities. These recommendations are generally followed, although they do not have the force of law.” [2b](p2)
6.33 As stated in the US Department of State report for International Religious Freedom 2003, “The legal system accommodates minority religions’ personal status laws; there are different personal status laws for different religious communities. Religion-specific laws pertain in matters of marriage, divorce, adoption, and inheritance.” [2b](p2)
6.34 The US State Department Report 2003 stated that “No registration is required for religions. Legally mandated benefits are assigned to certain groups, including some groups defined by their religion. For example, some States reserve jobs and educational enrolment slots for Muslims, who do not benefit from reservations designed to help lower caste Hindus”. [2c](p19)
6.35 The US State Department Report 2003 cited that, “The Religious Institutions (Prevention of Misuse) Act makes it a criminal offence to use any religious site for political purposes or to use temples for harbouring persons accused or convicted of crimes. While specifically designed to deal with Sikh places of worship in Punjab, the law applies to all religious sites. The Religious Buildings and Places Act requires a State Government-endorsed permit before construction of any religious building may commence in the State.” [2c](p19)
6.36 According to the US State Department report on Religious Freedom 2003 reported that in March the Gujarat Freedom of Religion Act was passed. ”The act requires those involved with a conversion to seek the permission, both before and after the conversion ceremony, of the district collector, who is the sole arbiter of the validity of each conversion. This act also requires the police to investigate cases of forced or induced religious conversions. As with the Tamil Nadu anticonversion law, punishments are greater for women, scheduled castes, and “tribals.”[2b](p5) A BBC news report dated 26 March 2003 reported that politicians in India’s western state of Gujarat approved the controversial bill ostensibly designed to stop forced religious conversions. Many opponents fear it could be used to target Christian and Muslim minority communities. The Freedom of Religion bill has been modelled on similar legislation introduced in the state of Tamil Nadu and already on the statute books in the states of Madhya Pradesha and Orissa. The text of the proposed bill is not yet widely available but there are indications that it may be more stringent than existing legislation in other states. Penalties for people convicted of carrying out conversions using allurement or force include up to three years in prison and a fine of 50,000 rupees. Under the terms of the bill, a conversion must be assessed by officials and prior permission given by the District Magistrate to be lawful. Conversions which are found to be genuine and voluntary but where prior permission was not secured from the District Magistrate could also be punished with up to one year in prison and a fine of 1,000 rupees.[32bk]
6.37 As stated in the US Department of State report for International religious freedom 2003, for 2003,”There were no reports of religious prisoners or detainees.” [2b](p9) The report also stated that “Despite the incidents of violence and discrimination during the period covered by the report [2003], relations between various religious groups generally are amicable among the substantial majority of citizens. There are efforts at ecumenical understanding that being religious leaders together to defuse religious tensions. The annual Sarva Dharma Sammelan (All Religious Convention) and the frequently held Mushairas (Hindu-Urdu poetry sessions) are some events that help improve inter community relations. Prominent secularists of all religions make public efforts to show respect for other religions by celebrating their holidays and attending social events such as weddings. Institutions such as the army consciously forge loyalties that transcend religion.” [2b](p14)"

Document(s): Open document

25.02.2004 - Source: US Department of State

Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6460]

"[...]The Constitution prohibits discrimination on the basis of a person's race, sex, religion, place of birth, or social status and government authorities worked to enforce these provisions with varying degrees of success. Despite laws designed to prevent discrimination, social and cultural practices as well as other legislation had a profound discriminatory impact, and discrimination against women, persons with disabilities, indigenous people, and national, racial, and ethnic minorities was a problem. [...]"

Document(s): Open document

19.09.2003 - Source: Amnesty International

Report commenting on the report of the Malimath Committee on Reforms of the Criminal Justice System ("Report of the Malimath Committee on Reforms of the Criminal Justice System: Some observations") [#16255],  [ID 6461]

"Minorities and the Criminal Justice System
The failure to provide equal protection of the law to and safeguard the rights of minorities has been a major human rights issue dogging the criminal justice system for decades now. [...]

In early 2002, while the Committee was contemplating the "grave problems facing the country" and engaged in drawing up "comprehensive criminal justice reforms" more than 2000 people, predominantly Muslims were massacred in Gujarat(27), thanks in no small measure to a criminal justice system that seemed more criminal than just. The National Human Rights Commission, among many others, detailed police inaction and even complicity that enabled the killings, rape, arson and destruction of Muslim homes and establishments.(28) The NHRC not only called for the most 'serious' cases to be investigated and prosecuted by the Central Bureau of Investigation, but also recently moved the Supreme Court to even try these cases outside of Gujarat.(29)

Despite the repeated failure of all arms of the criminal justice system in ensuring effective protection, investigation, prosecution and justice to victims and survivors of communal violence it is regrettable that the Committee finds no space in its report to discuss these concerns.(30)"

Document(s): Open document
Open document

08.2002 - Source: European Reintegration Networking

Background information on India (including procedures for entrance, supply and care, health, education, work opportunies,...) ("Background information on India (including procedures for entrance, supply and care, health, education, work opportunies,...)") [#28646],  [ID 6462]

"[...]Religion spielt in Indien eine große Rolle. Die meisten Menschen vollziehen im Alltag rituelle Handlungen und religiöse Symbole und Darstellungen sind allgegenwärtig. Die Mehrheit der Inder sind Hindus (82 %), es sind jedoch alle weiteren Weltreligionen präsent.

81,3 % Hinduismus
12 % Islam
2,3 % Christentum
1,9 % Sikhismus
2,5 % andere Gruppen inklusive Buddhismus, Jain, Parsi

Quelle: CIA, The World Factbook 2001, http://www.cia.gov/cia/publications/factbook/index.html (abgerufen im August 2002) [...]

Die Entstehung des Hinduismus wird auf 1500 vor Christus datiert, als die Veden, heilige Gesänge und Hymnen, komponiert und von Priestern bei rituellen Handlungen rezitiert wurden. Der Hinduismus existiert nicht als einheitliches Glaubensrichtung mit genauer Erklärung über das Wesen von Gott oder die Entstehung der Welt, sondern er umfasst eine Reihe von philosophischen Betrachtungen und rituellen Handlungen, die neben den Veden in weiteren Werken wie die Upanishaden oder die Bhagwad Gita ihren Ursprung finden. Verehrt werden mehrere Gottheiten, die verschiedene Formen annehmen. Eine zentrale Rolle spielen die drei Gottheiten Brahma, Vishnu und Shiva, die in der Reihenfolge als Erschaffer, Erhalter und Zerstörer gelten. Die rituellen Handlungen finden sowohl in Tempeln wie auch Hausaltären statt, die viele Familien bei sich aufgebaut haben. Von den zahlreichen Festtagen und Zeremonien sind einige neben den Göttern auch der Sonne, dem Mond, oder auch Tieren, wie z. B. der Schlange gewidmet. [...]"

Document(s): Open document

20.11.2001 - Source: Human Rights Watch

Prevention of Terrorism Ordinance (POTO), currently being debated in the parliament, gives to police forces sweeping powers of arrest and detention/ Hindu nationalism, religious intolerance and caste descrimination documented ("India Human Rights Press Backgrounder/ Anti-Terrorism Legislation") [#4860],  [ID 6463]

Document(s): Open document

02.2001 - Source: Forum 18

Freedom of religion: report on general legal framework, registration requirements, civil and penal restrictions and religious freedom in practice ("Freedom of religion: A report with special emphasis on the right to choose religion and registration systems") [#8587],  [ID 6464]

Document(s): Open document