The State of Religious Freedom in India: A Guide to Complex Issues
Exploring the Historical Roots, Current Policies, and Global Responses to the Ongoing Struggles of Religious Minorities in India
by Avneet Gill, 2024 Summer Associate
Despite Sikhism being the world’s fifth-largest religion, it remains largely unknown to many outside its sphere. As a Sikh raised in America, with grandparents who migrated from India in search of a better life, I’ve grown up with the deeply ingrained values of my faith. At the heart of Sikhism is a profound respect for all religions and a belief in equal rights, including the right to freedom of religious belief. That is why I feel compelled to write this article, highlighting the religious turmoil in India—my grandparents' homeland—where Sikh communities and other marginalized groups face significant challenges. In India today, the current political and sociocultural climate has created a hostile environment where violent attacks against religious minorities have become devastatingly common. This article will explore the historical and legal factors that have shaped this oppressive atmosphere as well as the ongoing struggles these communities face. It will examine local and international efforts to help and detail how individuals in America can contribute to improving the situation in India.
Background
Historical Context
Since the 1947 partition (which separated India from Muslim-majority Pakistan), rising religious tensions have led many Muslims and Christians to emigrate, while an increasing number of Hindus have moved to India to maintain their cultural heritage. Since 2014, the Bhartiya Janata Party (BJP) has been in control of the Indian government, pushing for policies that aim to establish India as a Hindu state. This has jeopardized the country’s secular principles and the safety of its religious minorities. The Hindu nationalist group Rashtriya Swayamsevak Sangh (RSS), closely associated with Prime Minister Narendra Modi and the BJP, supports these policies through its paramilitary activities.
Religious Demographics
With a booming population of over 1.4 billion, India contains a rich array of religious diversity. According to the Pew Research Center, as of 2021, approximately 79.8% of the population is Hindu, while Muslims make up 14.2%, Christians 2.3%, and Sikhs 1.7%. Smaller religious groups include Buddhists, Jains, Baha’is, Zoroastrians (Parsis), and Jews. The Hindu majority, which dominates in 28 of India’s 35 states, has remained stable over time, as religious conversion is extremely rare. As illustrated in the infographic, Muslims and Sikhs predominantly inhabit northern India, whereas Christians mostly reside in the eastern regions.
Retrieved from Pew Research Center.
Legal Framework
India’s Constitution provides several protections for religious freedom:
It mandates a secular state, requiring impartial treatment of all religions and prohibiting discrimination based on religion.
Article 25 guarantees the right to freedom of conscience, including the freedom to practice, profess, and propagate religion.
Citizens are expected to practice their faith in a manner that does not disrupt public order, morality, or health.
Anti-Conversion Laws:
Despite these constitutional protections, 13 out of India’s 28 states enforce anti-conversion laws that prohibit “forced or fraudulent conversion” through marriage. While these laws sound as though they protect individual rights, they actually target interfaith couples and restrict their freedom to convert and choose their partners. The laws enable the government to criminalize legitimate religious practices based on whether they feel the conversion is authentic. Individuals who avoid government involvement in their religious conversion for marriage risk imprisonment of up to 10 years.
Anti-Cow Slaughter Laws:
In 20 of India’s 28 states, cow slaughter is criminalized, which disproportionately affects religious minorities whose beliefs do not prohibit beef consumption. Those accused of cow slaughter may face severe consequences, including being assaulted, lynched or murdered. This behavior has been supported by some government officials such as BJP member Gyan Dev Ahuja who has publicly encouraged killings of those involved in cow slaughter. As a result, vigilante groups have increasingly attacked Muslims with little legal repercussions.
Current Issues
Government Policies
The Hindu nationalist agenda of the BJP has embedded prejudice into Indian society, leading to increased threats, harassment, and attacks on religious minorities. The courts and police often support these actions, allowing perpetrators to evade punishment through legal loopholes. To suppress dissent against their policies, the government imposes internet shutdowns. They recently did so in Jammu and Kashmir, which restricted Muslim communications in the region for 18 months. Furthermore, the government has targeted activists, journalists, and protest organizers with baseless accusations to vilify them in the public eye. Meenakshi Ganguly, a director at Human Rights Watch, stated, “The government has not only failed to protect Muslims and other minorities from attacks but is providing political patronage and cover for bigotry.”
In addition to the anti-conversion and anti-cow slaughter laws, several recent policy changes have exacerbated the social and political climate in India:
Citizenship Amendment Act (CAA) - Passed in 2019, the CAA fast-tracks citizenship for non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan. This overtly discriminates against Muslims by ensuring they have limited access to obtaining citizenship.
Revocation of Jammu and Kashmir's Autonomy - In 2019, the constitutional autonomy of Jammu and Kashmir was revoked, and the government placed restrictions on this predominantly Muslim state that allow authorities to detain individuals without legal grounds.
Karnataka Hijab Ban - In 2022, Karnataka officials prohibited female Muslim students from wearing hijabs to their government school, citing violations to the dress code. Protests erupted from this event, but when this issue reached the Karnataka High Court, the hijab ban was upheld with the court stating that hijabs are non-essential to Islam.
Incidents of Violence and Discrimination
All the broad discriminatory practices and policies discussed above have resulted in numerous violent incidents against religious minorities. The following list provides a glimpse into the types of attacks that occur daily and weekly in India, often going unpunished:
Violence Against Muslims
Mob lynchings, vigilante attacks, and arbitrary detentions against Muslims have become frequent. Recent examples include the lynching of Pehlu Khan in Rajasthan (2017) and the assault on Tabrez Ansari in Jharkhand (2019), who had recently married, as seen in the picture. The perpetrators of Khan’s lynching were set free, while Ansari’s attackers received only 10 years in prison for his murder.
Attacks on Christians
In Chhattisgarh last year, Hindu mobs attacked Christians, destroying their churches and using excessive force to attempt reconversions to Hinduism. At least 30 people were beaten for refusing to renounce their faith. A similar incident occurred fifteen years ago in 2008, when over 100 Christians were killed in Kandhamal, Odisha, leading to the displacement of thousands and the destruction of Christian homes and churches.
Attacks on Dalits
In 2016, a Dalit family in Una, Gujarat, was publicly flogged by vigilantes for allegedly skinning a dead cow, sparking national protests against caste-based violence. Flogging, which involves whipping or hitting someone repeatedly with a blunt object, has been recognized as cruel and inhumane in many countries.
Sikh Community Issues
In 2020 and 2021, tens of thousands of Sikh farmers peacefully protested outside the Indian Parliament against controversial farm laws. They faced disturbing police brutality, including water cannons, tear gas, and arrests.
Tribal Groups
In May of 2023, ethnic violence erupted between the Hindu Meitei tribe and Christian Kuki group after the Meitei demanded Scheduled Tribe status. Fearing this would lead to a loss of rights, Christian indigenous groups in Manipur broke out in protests, the fallout of which ultimately killed over 100 people and displaced about 50,000.
Other Recent Religious Violations
The BJP’s vendetta extends beyond India’s borders. In 2023, it was discovered that Indian authorities were likely involved in the killing of Sikh activist Hardeep Singh Nijjar, a passionate separatist leader in Canada advocating for an independent Sikh state. The U.S. also thwarted an assassination attempt last year on Gurpatwant Singh Pannun, an immigration lawyer who fights for similar ideals.
Societal Trends
In addition to enduring direct violent attacks, religious minorities in India face widespread cultural and social discrimination across various aspects of their lives. Muslims, Christians, Dalits, and Sikhs frequently experience marginalization in employment, education, and access to public services. Even in states where they are not minorities, they encounter religious segregation in public and private spaces, including neighborhoods and schools. Religious discrimination in education goes beyond merely separating students into schools based on religion; it also affects educational content and practices. Instructional materials and literary texts in India often misrepresent religious minorities and alter historical narratives to align with majoritarian Hindu perspectives.
Local Solutions
Local Efforts
Although expressing dissent against the Indian government’s policies is extremely dangerous, many individuals and organizations in India continue to fight for religious freedom despite the risks. Specifically, some academic and research institutions are dedicating their resources to support marginalized communities. Jawaharlal Nehru University and the Indian Institute of Dalit Studies focus their research centers on human rights and social justice, providing valuable insights into the reality of religious harassment and advocating for individual freedoms. Other institutions, such as the Indian Law Society, offer legal assistance to victims of religious discrimination, helping to ensure that offenders are held accountable. This crucial work is supported by grassroots movements, where communities come together to drive change. Several non-governmental organizations contribute to protecting the rights of all religious groups in India as well. For instance, Amnesty International India, Human Rights Watch (India), and The National Campaign on Dalit Human Rights all conduct in-depth research and engage in advocacy to combat religious intolerance
Policy Recommendations
The complex issue of religious discrimination in India has no magical fix that will completely eliminate all harassment and violence within a few years. However, there are concrete legal reforms the Indian government can take to begin to diffuse the tension and chaos:
Amend or repeal anti-conversion laws that create an excuse to target and harass religious minorities, particularly Christians and Muslims.
Abolish recent laws that unfairly disadvantage Muslims and cease the misuse of cow slaughter laws to target minorities. Specifically, the Citizenship Amendment Act should be revoked, and hijab bans should be made illegal. The constitutional autonomy of Jammu and Kashmir should also be restored.
Ratify and implement the UN Convention Against Torture to prevent security forces from torturing and abusing all citizens, including minorities.
Reform counterterrorism laws like the Unlawful Activities Prevention Act to ensure they uphold human rights, are not used to suppress dissent, and do not label people terrorists or extremists without clear evidence.
Revise the Foreign Contribution Regulation Act (FCRA) to align with international standards, allowing NGOs to operate freely without undue restrictions. As of now, the FCRA allows the Indian government to impose regulations on their use of funds, arbitrarily suspend them, and create time-consuming bureaucratic hurdles for them
However they address it, India must take decisive actions to discourage violence, hate speech, and discriminatory policies targeting minorities. This may include strategies such as ensuring due process for individuals accused of crimes, stopping arbitrary detention of minorities, and protecting the safety of human rights activists and civil society organizations.
International Aid
Global Initiatives
The U.S. Congress addresses religious freedom issues by introducing resolutions (or legislation) that raise awareness, call for action, or impose sanctions on others. This past year, our government has ramped up efforts to combat religious discrimination in India. Not only did they obligate $130 million for programs in India, but President Biden raised issues of human rights in private meetings with Prime Minister Modi during the G20 Summit. The Department of Justice has meanwhile filed indictments against Indian government employees involved in attempted assassinations of minority activists on U.S. soil. To engage in advocacy, the Department of State publishes an annual comprehensive International Religious Freedom Report that assesses religious freedom conditions globally and includes recommendations for areas of concern. The United Nations has demonstrated a commitment to solving international religious freedom issues as well. They engage in a Universal Periodic Review process in which the UN Human Rights Council reviews the human rights records of member states, including India. Recommendations from the 2022 review for India included calls to improve protections for religious minorities and address discriminatory practices.
How Americans Can Help
There are so many different ways to become a part of achieving religious freedom internationally. The following list encompasses some of the main ways people tend to get involved:
Advocacy and Awareness: Educate others about the religious discrimination occurring in India by utilizing social media to spread accurate information. Create blogs, podcasts, op-eds, or webinars to raise awareness about the issues minorities are facing each and every day. These avenues support interfaith dialogue, which will promote more understanding and tolerance across different religious communities. To call for specific actions to improve religious freedom, organize or participate in online campaigns and petitions that mobilize public support and pressure policymakers.
Engage with Policymakers: Increase engagement on this issue from the U.S. government by writing to elected officials like U.S. legislators and encouraging them to prioritize religious freedom issues in their diplomatic and policy agendas. To advocate for more specific legislation, propose specific Congressional bills or resolutions that promote human rights and religious freedom.
Engage in Research and Reporting: Help expose religious freedom issues in India by funding research studies, publishing reports, or supporting investigative journalism that highlights violations. Traveling there and documenting the situation on the ground for international human rights organizations would also help accurately report the issues that desperately warrant international action.
Collaborate with International Organizations: Engage with organizations that perform religious freedom work by making donations, participating in campaigns, or volunteering with them. These groups often host events that warrant participation, including conferences, seminars, and panels focused on global religious issues. International NGOs can also always use support in launching new initiatives, hosting events, or rolling out advocacy campaigns.
Conclusion
Religious freedom conditions in India have alarmingly deteriorated, with systemic issues that continue to target religious minorities. Despite ongoing efforts by the U.S. and various international human rights organizations, the Indian government has yet to implement significant reforms to safeguard these fundamental freedoms. It has become imperative for Americans to take action and advocate for the rights of minorities. Engaging in advocacy through social media, contacting policymakers, and collaborating with international organizations are all attested ways of creating change. Each action, whether it’s raising awareness, participating in campaigns, or directly influencing policy, plays a crucial role in amplifying the voices of those who are oppressed. By spreading accurate information and mobilizing global support, we can ignite a worldwide movement dedicated to protecting religious freedoms everywhere.
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References
Amnesty International. (2023). India: Country profile. Retrieved from https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/india/report-india/
Amnesty International. (2022, November 21). India: Government should promptly adopt and act on the recommendations made at UN rights review. Retrieved from https://www.amnesty.org/en/latest/news/2022/11/india-government-should-promptly-adopt-and-act-on-the-recommendations-made-at-un-rights-review/
Human Rights Watch. (2021, February 19). India: Government policies, actions target minorities. Retrieved from https://www.hrw.org/news/2021/02/19/india-government-policies-actions-target-minorities
Pew Research Center. (2021, September 21). Key findings about the religious composition of India. Retrieved from https://www.pewresearch.org/short-reads/2021/09/21/key-findings-about-the-religious-composition-of-india/
U.S. Department of State. (2023). 2023 report on international religious freedom: India. Retrieved from https://www.state.gov/reports/2023-report-on-international-religious-freedom/india/
United States Commission on International Religious Freedom (USCIRF). (2022). India country update. Retrieved from https://www.uscirf.gov/sites/default/files/2022%20India%20Country%20Update.pdf
United States Commission on International Religious Freedom (USCIRF). (2024, May). 2024 annual report. Retrieved from https://www.uscirf.gov/sites/default/files/2024-05/2024%20Annual%20Report.pdf
