How the U.S. Can Protect Religious Freedom in India: Brief overview of the International Religious Freedom Report 2023

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US panel on religious freedom flags India as ‘country of particular concern’ for third time in a row

 

by Mussawer Safi    31 August 2023

The United States Commission on International Religious Freedom recently published its annual report for 2023, highlighting the current religious freedom situation worldwide. The report evaluates countries’ progress and setbacks in safeguarding and promoting religious freedom and suggests US policy toward these countries. It is an essential instrument for promoting the freedom of individuals to practice their religion of choice without fear of persecution or discrimination. The report clearly shows that India has made progress in protecting and promoting religious freedom by eliminating discriminatory laws and taking proactive steps.

However, violence against religious minorities, restrictions on religious conversion, and anti-conversion laws in certain states continue to be sources of concern. The Indian government must maintain its efforts to strengthen religious freedom and ensure that all citizens are free to follow their religion without fear of persecution. Under the influence of Hindutva ideology, religious intolerance and discrimination against India’s minorities, particularly Muslims, are rising.

Hindutva is a political and cultural movement in India that aspires to create Hindu supremacy while marginalizing other religious groups. Some symptoms of this intolerance include cow vigilantism against Muslims and the demolishing of minority sacred sites. Hindutva-inspired cow protection groups have attacked and killed Muslims and Dalits accused of slaughtering or consuming cows, which Hindus consider holy. These organizations also aspire to replace mosques, churches, and temples of other religions with Hindu architecture.

Use of draconian laws to victimize minorities and stifle oppositional voices in civil society The Indian government has enforced laws violating minorities’ and dissenters’ human rights and civil freedoms. The Act to Prevent Unlawful Activities (UAPA) and the Sedition Act, for instance, have been used to arrest and detain activists, journalists, intellectuals, and students who criticize the government or advocate for minority rights.

The Citizenship Amendment Act (CAA) deprives Muslims of their rights. Anti-conversion legislation suffocating religious freedom and the judiciary’s politicized role: The CAA, passed in 2019, grants non-Muslim refugees from neighboring countries citizenship while excluding Muslims. This bill and the projected National Register of Citizens (NRC) threaten to strip millions of Muslims of their citizenship and expose them to persecution. Furthermore, numerous jurisdictions have established anti-conversion laws that outlaw religious conversion through coercion, deception, or force but, in reality, target interfaith marriages and conversions to Islam or Christianity. The judiciary has also failed to safeguard minorities’ constitutional rights, frequently siding with the government or Hindutva parties.

Police and local governments play a partisan role in victimizing Muslims and minorities. Government and judiciary inaction fosters a culture of impunity. The police and municipal government have demonstrated bias and collaboration in the violence and discrimination against minorities. For example, during the 2020 Delhi riots, the police were accused of assisting Hindu rioters, abusing Muslim captives, and filing fake cases against Muslim victims. The government and judiciary have also been inattentive or apathetic in giving justice and relief to the impacted people.

The use of social media against minorities Religious minorities, notably low-caste non-Muslims, have been targeted. Social media platforms have disseminated hate speech, misinformation, and incitement against minorities. Hindutva supporters have launched web campaigns blaming Muslims and other minorities for spreading the coronavirus, engaging in love jihad, or being anti-national. These online attacks have frequently resulted in offline violence, including lynching, mob attacks, vandalism, and burning.

Recommendations to the US government and the US Congress: 

The United States should designate India as a country of particular concern (CPC) for its systematic, ongoing, and offensive violations of religious freedom, as outlined in the International Religious Freedom Act of 1998 (IRFA). This classification might lead to international pressure and penalties on India to improve religious freedom.

The US should promote religious freedom, dignity, and interfaith dialogue in India through bilateral and global agencies like the UNHRC. The US should criticize religious freedom breaches and help religious and human rights groups that have been harmed by advocating for them.

The US should freeze the assets and bar the entry of Indian government agencies and officials responsible for severe religious freedom violations under human rights-related financial and visa authorities. Congress should promote religious liberty in US-India relations through hearings, briefings, letters, and congressional delegations. The United States Congress should also support legislation, such as the India Human Rights Commission Act of 2020 that promotes religious freedom and human rights in India.

These proposals underscore the urgency and significance of resolving India’s deteriorating religious freedom situation, which affects not only its inhabitants but also the country’s regional and global status as a democracy and a vital partner of the United States.