Banglar Bir
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US State Dept report says India flouts its constitution on religious freedom
SAM Report, August 18, 2017
The US State Department’s report on religious freedom in India during 2016, says that under the Bharatiya Janata Party (BJP)-led government, India has been rather brazenly flouting its own constitutional provisions guaranteeing religious freedom to its diverse population.
The report, released on Tuesday, begins with stating that the Indian constitution provides for freedom of conscience and the right of all individuals to freely profess, practice, and propagate religion. It mandates a secular state; requires the state to treat all religions impartially; and prohibits discrimination on the basis of religion. India is also party to the International Covenant on Civil and Political Rights.
But the report goes on to point out that while the ideals enshrined in the constitution and the international covenant are noble, they are breached in letter and spirit increasingly on a daily basis by the storm troopers of the Bharatiya Janata Party (BJP) and its allies, collectively called the Sangh Parivar, ever since the BJP came to power on the basis of “Hindutva” or Hinduness in mid 2014.
Hindus constitute 79.8% of India’s 1.3 billion people.
After a detailed account of many cases of persecution, the US State Department report said: “Members of civil society expressed concerns that, under the BJP government, religious minority communities felt vulnerable due to Hindu nationalist groups engaging in violence against non-Hindu individuals and places of worship.”
Hindu assertiveness and the aggressive imposition of Hindu beliefs and practices on the Muslim and Christian minorities are the order of the day. These actions have the tacit, and sometimes, explicit support of the government and the ruling elites both at the Centre and most of the States or provinces.
The grievances of the minorities are many, but the overwhelming power of the Hindutva forces, supported by a growing and aggressively communal and nationalistic middle class, prevents them from protesting openly.
The minorities suffer in silence. They cannot appeal to the Western democracies because these are now wooing the Hindutvite icon and India’s popular Prime Minister, Narendra Modi. They are after opportunities for investment and trade under his ultra right wing regime.
According to the US report, Christian and Muslim activists stated that the government was not doing enough to protect them against religiously motivated attacks. The Evangelical Fellowship of India (EFI) reported that there were more than 300 incidents of abuse targeting Christians during the year, compared with 177 in 2015. The federal Ministry of Home Affairs (MHA) reported 751 conflicts between religious communities, which resulted in 97 deaths and 2,264 injuries in 2015.
Conversion form Hinduism
Gujarat State mandates prior permission from the District Magistrate for any form of conversion and punishes forced conversions with up to three years’ imprisonment and a fine up to 50,000 rupees ($751).
Chhattisgarh and Madhya Pradesh States require that district authorities be informed of any conversions one month in advance. Violators are subject to fines and other penalties, including prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if the converts are minors, women, or members of government-designated, historically disadvantaged groups, known as Scheduled Castes or Scheduled Tribes.
According to the Supreme Court, converting from Hinduism to another religion ordinarily “operates as an expulsion from their caste”. These means that a person who converts from a Hindu caste to Islam or Christianity, will not be entitled to benefits given to disadvantaged castes by governments. They will not be beneficiaries of in the State’s affirmative policies. Therefore, Christians and Muslims from the lowest caste of Dalits are left out.
Christian groups cited the government’s introduction of Good Governance Day on December 25, as an effort to diminish the significance of Christmas, which is an official national holiday.
In Odisha, individuals who wish to convert to another religion, and the clergy intending to officiate in a conversion ceremony, should make a formal notification to the government. In Rajasthan, the law requires any citizen intending to convert to give the government 30 days’ notice or face a fine of 1,000 rupees (US $25).
In February, police started an investigation into Mumbai resident Sadik Shaikh’s accusation that the police in Malad, a suburb of Mumbai, assaulted and threatened to frame him in a terror-related case after his stepmother filed a police complaint objecting to his conversion to Islam. The investigation remained ongoing at year’s end.
Love Jihad
Hindu extremist groups, with State support, have been carrying on a violent campaign against a conversion-related issue known as “Love Jihad”.
“Love Jihad” is the term used when a Muslim man marries a Hindu women with the alleged intention of converting her to Islam. Under the guise of preventing such allegedly motivated marriages, Hindu extremists are violently preventing even Muslim-Hindu marriages flowing from genuine love.
On July 31, police used batons and fired 24 tear gas shells to subdue Muslim demonstrators in Surat, in Gujarat. The demonstrators sought immediate police action against those responsible for a viral internet video accusing Muslims of “love jihad.”
Murderous Cow Protectionists
Twenty-four of the 29 states have imposed full to partial restriction and penalties in regard to the slaughter of cows. In the majority of the 24 states where cow slaughter is banned, punishments range from six months’ to two years’ imprisonment and/or a fine of 1,000 to 10,000 rupees (US$15 to US$151).
Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years.
Authorities had often failed to prosecute violence by cow protection groups against persons, mostly Muslims, suspected of slaughtering or illegally transporting cows or trading in or consuming beef.
On August 28, shortly before Eid al-Adha, the Gau Seva Ayog directed Haryana police to collect seven samples of biryani (a spicy rice and meat preparation) from roadside sellers to ensure they did not contain beef. According to media reports, Muslim communities felt targeted by these raids.
The high-profile killing of Mohammad Akhlaq Saifi by a mob who believed he had slaughtered a cow in Dadri, Uttar Pradesh in September 2015, continued to generate controversy. A local court ordered a criminal complaint to be filed against the family of Akhlaq under existing legislation protecting cows. In September investigating officials concluded there was no evidence to prove Akhlaq or the family ever slaughtered a cow. The men charged with killing Akhlaq remained in prison, and their case was pending with the Allahabad High Court at year’s end.
On March 14, police in Rajasthan arrested four students from Kashmir after local students had confronted the Kashmiris and accused them of cooking beef in a hostel in Mewar University in Chittorgarh. The Kashmiri students were released on bail, and charges were later dropped after a lab report determined the meat was not beef.
In early December 2015, Haryana Chief Minister M.L. Khattar established a government entity called Gau Seva Ayog (Cow Service Organization) to prevent cow slaughter in the state. On August 28, shortly before Eid al-Adha, the Gau Seva Ayog directed Haryana police to collect seven samples of biryani (a spicy rice and meat preparation) from roadside sellers to ensure they did not contain beef. According to media reports, Muslim communities felt targeted by these raids.
Against Minority-run Institutions
On August 16, the Indian government submitted a petition to the Supreme Court challenging the codification of Aligarh Muslim University (AMU), the oldest Islamic university in the country, as a “minority status” institution.
The petition argued that since AMU received funds from the central government without reserving the required seats for members of disadvantaged castes and tribes. It also pointed out that the institution had not originally been founded as a “minority” university.
On July 24, the President of the regional Maharashtrian Hindu nationalist Shiv Sena Party, Uddhav Thackeray, in an interview with his party’s publication Samna, called for the declaration of India as a “Hindu State”
AMU stated that it was open to students from all religious groups and that courses on Islam were optional. University administrators and other critics charged that the central government was trying to undermine the autonomy of one of the world’s leading Islamic institutions of higher learning. AMU advocates said without minority status the university would lose its ability to make its own hiring decisions and choose its curriculum
On July 24, the President of the regional Maharashtrian Hindu nationalist Shiv Sena Party, Uddhav Thackeray, in an interview with his party’s publication Samna, called for the declaration of India as a “Hindu State”
Overall View
After a detailed account of many cases of persecution, the US State Department report said: “Members of civil society expressed concerns that, under the BJP government, religious minority communities felt vulnerable due to Hindu nationalist groups engaging in violence against non-Hindu individuals and places of worship.”
“Religious minority communities stated that, while the national government sometimes spoke out against incidents of violence, local political leaders often did not, which left victims and minority religious communities feeling vulnerable.”
“Minority religious groups expressed concern national education reforms would incorporate Hindu practices and teachings into secular public schools and private schools operated by minority faith communities.”
“Christian groups cited the government’s introduction of Good Governance Day on December 25, as an effort to diminish the significance of Christmas, which is an official national holiday.”
“Groups expressed fears of further reforms to education policies and civil laws that would minimize religious minority communities’ control over their own affairs.”
http://southasianmonitor.com/2017/0...flouts-its-constitution-on-religious-freedom/
SAM Report, August 18, 2017
The US State Department’s report on religious freedom in India during 2016, says that under the Bharatiya Janata Party (BJP)-led government, India has been rather brazenly flouting its own constitutional provisions guaranteeing religious freedom to its diverse population.
The report, released on Tuesday, begins with stating that the Indian constitution provides for freedom of conscience and the right of all individuals to freely profess, practice, and propagate religion. It mandates a secular state; requires the state to treat all religions impartially; and prohibits discrimination on the basis of religion. India is also party to the International Covenant on Civil and Political Rights.
But the report goes on to point out that while the ideals enshrined in the constitution and the international covenant are noble, they are breached in letter and spirit increasingly on a daily basis by the storm troopers of the Bharatiya Janata Party (BJP) and its allies, collectively called the Sangh Parivar, ever since the BJP came to power on the basis of “Hindutva” or Hinduness in mid 2014.
Hindus constitute 79.8% of India’s 1.3 billion people.
After a detailed account of many cases of persecution, the US State Department report said: “Members of civil society expressed concerns that, under the BJP government, religious minority communities felt vulnerable due to Hindu nationalist groups engaging in violence against non-Hindu individuals and places of worship.”
Hindu assertiveness and the aggressive imposition of Hindu beliefs and practices on the Muslim and Christian minorities are the order of the day. These actions have the tacit, and sometimes, explicit support of the government and the ruling elites both at the Centre and most of the States or provinces.
The grievances of the minorities are many, but the overwhelming power of the Hindutva forces, supported by a growing and aggressively communal and nationalistic middle class, prevents them from protesting openly.
The minorities suffer in silence. They cannot appeal to the Western democracies because these are now wooing the Hindutvite icon and India’s popular Prime Minister, Narendra Modi. They are after opportunities for investment and trade under his ultra right wing regime.
According to the US report, Christian and Muslim activists stated that the government was not doing enough to protect them against religiously motivated attacks. The Evangelical Fellowship of India (EFI) reported that there were more than 300 incidents of abuse targeting Christians during the year, compared with 177 in 2015. The federal Ministry of Home Affairs (MHA) reported 751 conflicts between religious communities, which resulted in 97 deaths and 2,264 injuries in 2015.
Conversion form Hinduism
Gujarat State mandates prior permission from the District Magistrate for any form of conversion and punishes forced conversions with up to three years’ imprisonment and a fine up to 50,000 rupees ($751).
Chhattisgarh and Madhya Pradesh States require that district authorities be informed of any conversions one month in advance. Violators are subject to fines and other penalties, including prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if the converts are minors, women, or members of government-designated, historically disadvantaged groups, known as Scheduled Castes or Scheduled Tribes.
According to the Supreme Court, converting from Hinduism to another religion ordinarily “operates as an expulsion from their caste”. These means that a person who converts from a Hindu caste to Islam or Christianity, will not be entitled to benefits given to disadvantaged castes by governments. They will not be beneficiaries of in the State’s affirmative policies. Therefore, Christians and Muslims from the lowest caste of Dalits are left out.
Christian groups cited the government’s introduction of Good Governance Day on December 25, as an effort to diminish the significance of Christmas, which is an official national holiday.
In Odisha, individuals who wish to convert to another religion, and the clergy intending to officiate in a conversion ceremony, should make a formal notification to the government. In Rajasthan, the law requires any citizen intending to convert to give the government 30 days’ notice or face a fine of 1,000 rupees (US $25).
In February, police started an investigation into Mumbai resident Sadik Shaikh’s accusation that the police in Malad, a suburb of Mumbai, assaulted and threatened to frame him in a terror-related case after his stepmother filed a police complaint objecting to his conversion to Islam. The investigation remained ongoing at year’s end.
Love Jihad
Hindu extremist groups, with State support, have been carrying on a violent campaign against a conversion-related issue known as “Love Jihad”.
“Love Jihad” is the term used when a Muslim man marries a Hindu women with the alleged intention of converting her to Islam. Under the guise of preventing such allegedly motivated marriages, Hindu extremists are violently preventing even Muslim-Hindu marriages flowing from genuine love.
On July 31, police used batons and fired 24 tear gas shells to subdue Muslim demonstrators in Surat, in Gujarat. The demonstrators sought immediate police action against those responsible for a viral internet video accusing Muslims of “love jihad.”
Murderous Cow Protectionists
Twenty-four of the 29 states have imposed full to partial restriction and penalties in regard to the slaughter of cows. In the majority of the 24 states where cow slaughter is banned, punishments range from six months’ to two years’ imprisonment and/or a fine of 1,000 to 10,000 rupees (US$15 to US$151).
Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years.
Authorities had often failed to prosecute violence by cow protection groups against persons, mostly Muslims, suspected of slaughtering or illegally transporting cows or trading in or consuming beef.
On August 28, shortly before Eid al-Adha, the Gau Seva Ayog directed Haryana police to collect seven samples of biryani (a spicy rice and meat preparation) from roadside sellers to ensure they did not contain beef. According to media reports, Muslim communities felt targeted by these raids.
The high-profile killing of Mohammad Akhlaq Saifi by a mob who believed he had slaughtered a cow in Dadri, Uttar Pradesh in September 2015, continued to generate controversy. A local court ordered a criminal complaint to be filed against the family of Akhlaq under existing legislation protecting cows. In September investigating officials concluded there was no evidence to prove Akhlaq or the family ever slaughtered a cow. The men charged with killing Akhlaq remained in prison, and their case was pending with the Allahabad High Court at year’s end.
On March 14, police in Rajasthan arrested four students from Kashmir after local students had confronted the Kashmiris and accused them of cooking beef in a hostel in Mewar University in Chittorgarh. The Kashmiri students were released on bail, and charges were later dropped after a lab report determined the meat was not beef.
In early December 2015, Haryana Chief Minister M.L. Khattar established a government entity called Gau Seva Ayog (Cow Service Organization) to prevent cow slaughter in the state. On August 28, shortly before Eid al-Adha, the Gau Seva Ayog directed Haryana police to collect seven samples of biryani (a spicy rice and meat preparation) from roadside sellers to ensure they did not contain beef. According to media reports, Muslim communities felt targeted by these raids.
Against Minority-run Institutions
On August 16, the Indian government submitted a petition to the Supreme Court challenging the codification of Aligarh Muslim University (AMU), the oldest Islamic university in the country, as a “minority status” institution.
The petition argued that since AMU received funds from the central government without reserving the required seats for members of disadvantaged castes and tribes. It also pointed out that the institution had not originally been founded as a “minority” university.
On July 24, the President of the regional Maharashtrian Hindu nationalist Shiv Sena Party, Uddhav Thackeray, in an interview with his party’s publication Samna, called for the declaration of India as a “Hindu State”
AMU stated that it was open to students from all religious groups and that courses on Islam were optional. University administrators and other critics charged that the central government was trying to undermine the autonomy of one of the world’s leading Islamic institutions of higher learning. AMU advocates said without minority status the university would lose its ability to make its own hiring decisions and choose its curriculum
On July 24, the President of the regional Maharashtrian Hindu nationalist Shiv Sena Party, Uddhav Thackeray, in an interview with his party’s publication Samna, called for the declaration of India as a “Hindu State”
Overall View
After a detailed account of many cases of persecution, the US State Department report said: “Members of civil society expressed concerns that, under the BJP government, religious minority communities felt vulnerable due to Hindu nationalist groups engaging in violence against non-Hindu individuals and places of worship.”
“Religious minority communities stated that, while the national government sometimes spoke out against incidents of violence, local political leaders often did not, which left victims and minority religious communities feeling vulnerable.”
“Minority religious groups expressed concern national education reforms would incorporate Hindu practices and teachings into secular public schools and private schools operated by minority faith communities.”
“Christian groups cited the government’s introduction of Good Governance Day on December 25, as an effort to diminish the significance of Christmas, which is an official national holiday.”
“Groups expressed fears of further reforms to education policies and civil laws that would minimize religious minority communities’ control over their own affairs.”
http://southasianmonitor.com/2017/0...flouts-its-constitution-on-religious-freedom/
