USCIRF STATUS:
Tier 2
BOTTOM LINE:
Justice for past incidents of sectarian violence targeting Muslim,
Christians and Sikhs has not been achieved fully. Anti-conversion
laws adopted in some states have led to higher incidents of
intimidation, harassment and violence against religious minority
communities, particularly Christians and Muslims. In addition,
rape has become a common feature of communal violence.INDIA
230| USCIRF 2013 Annual Report
BACKGROUND
India is the world’s largest democracy with an estimated 1.22 billion population, and has a deeply
religious plural society. A country with a Hindu majority, India is estimated to have the third largest
Muslim population in the world and a Christian population of over 25 million. The current two-term
Prime Minister is Sikh, the past president is Muslim, and the head of the national governing alliance is
Catholic. Buddhist, Christian, Hindu, Muslim, Sikh, and Parsi holidays are recognized as public holidays.
India also has an independent judiciary, independent media, and a dynamic civil society. Additionally
India has created several governmental bodies that monitor human rights violations and provide financial
support for minority welfare programs. For example the National Commission on Minorities, established
in 1992, makes recommendations to the national and state governments on the effective implementation
of special protections for minorities provided in the national constitution and can investigate specific
complaints made by an individual or community. In recent years, the national government and several
state governments have taken positive steps to improve religious freedom, including increasing support
for governmental bodies that provide financial support for minority groups and programs.
Despite these positive characteristics, India has seen periodic outbreaks of large-scale communal violence
targeting religious minorities over the years, most notably against Christians in Odisha (formerly Orissa)
in 2007-08, against Muslims in Gujarat in 2002, and against Sikhs in 1984, which still impacts the
religious and political landscape of the country. The Indian government, at all levels, has created
structures to attempt to address these issues,
including Fast-Track Courts, Special Investigative
Teams (SITs), and independent investigative
commissions. However, the effectiveness of these
structures is mixed, due to limited capacity,
inconsistent use, political corruption, and religious
bias, particularly at the state and local levels.
Moreover, limited public information makes it
difficult to ascertain whether decisions, when
finally rendered, respected due process. In addition, problems that plague the Indian legal system
generally—including low ratios of police and judges to the population and an overburdened and
antiquated judicial system—hamper redress for victims of religiously-motivated crimes. As a result, the
lack of penalties encourages the ongoing intimidation, harassment, and occasional violence against
religious minorities and fosters a climate of impunity. These incidents are more common in states with
“Freedom of Religion Act(s).” Although purporting to limit forced religious conversions, these vague
laws encompass conduct beyond that and infringe on rights guaranteed under India’s constitution and
international human rights law.
There has been no large-scale communal violence against religious minorities in India since 2008, and
in recent years the Indian government has created special investigative and judicial structures in an
effort to address previous such attacks. Nevertheless, in the past year, progress in achieving justice
through these structures for the victims of past incidents continued to be slow and ineffective. In
addition, members of religious minority communities, including Muslims, Christians, Sikhs, and
Jehovah’s Witnesses, reported an increase during the reporting period of intimidation, harassment, and
violence, particularly in states with anti-conversion laws. Based on these concerns, USCIRF places
India on Tier 2 in 2013. India had been on USCIRF’s Watch List since 2009.
…THE LACK OF PENALTIES ENCOURAGES THE
ONGOING INTIMIDATION, HARASSMENT, AND
OCCASIONAL VIOLENCE AGAINST
RELIGIOUS MINORITIES AND FOSTERS A
CLIMATE OF IMPUNITY. INDIA
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RELIGIOUS FREEDOM CONDITIONS
Redress for Odisha (formerly Orissa) Victims: In December 2007, in Kandhamal, Odisha, violence
between Christians and Hindus resulted in several deaths, dozens of injuries, churches and homes
destroyed, and displacement of thousands. The murder of an influential Hindu political leader in August
2008 sparked a further violent campaign targeting Christians, even though Maoist extremists claimed
responsibility. The State Department reported 40 deaths, 134 injuries, the destruction of churches and
homes, and over 10,000 fleeing the state. There was no immediate police or state government reaction.
Religious leaders and aid agencies were denied access.
An estimated 3,500 complaints were documented by state police, but only 828 cases were registered by
the police with the local and state court system. Two hundred cases were dismissed due to lack of
evidence, approximately 350 cases have been heard thus far, and the rest are still pending. Of the cases
heard, approximately 465 individuals were convicted of crimes including murder, rape, arson, and
destruction of property. However, the vast majority, approximately 400 individuals, were given minor
punishments such as monetary fines.
Shortcomings in the system are evident in the case of Manoj Pradhan, a leader in the Hindu-nationalist
BJP party. In September 2010, he was charged for the murder of 11 individuals. However, the state’s
high court convicted him only for the culpable homicide of one person, ordered
him to pay a small fine, and released him on bail. In January 2011, India’s
Supreme Court overturned his release, but following a brief return to jail, state
authorities again released him on bail. He also was allowed to return to his post in
the Odisha state parliament, despite having as many as 7 other cases stemming
from the violence pending against him. In November 2012, another murder case
against Pradhan was dismissed for lack of evidence. NGOs allege that police
investigations were religiously biased and intentionally defective. In addition,
NGOs report that 7 Christians accused of killing the Hindu leader that sparked the
violence have been jailed for more than 3 ½ years, despite Maoists claiming
responsibility. Bijay Kumar Sunseth, Gornath Chalanseth, Budhadeb Nayak,
Bhaskar Sunamajhi, Durjo Sunamajhi, Munda Badmajhi, and Sanatan Badmajhi
have had their trial delayed numerous times, despite a court ruling that there was insufficient evidence
and the trial should proceed quickly.
Some victims from the Odisha violence have received compensation from the state and central
government. Victims whose homes were completely destroyed received 50,000 rupees and 20,000 rupees
for partially destroyed homes. Reportedly, however, it costs on average 85,000 rupees to construct a new
home. In addition, reports continue to arise that Christians are prevented from returning unless they
convert to Hinduism. Several churches and businesses received 300,000-500,000 rupees from state and
central governments.
Redress for Gujarat Victims: In February 2002 the state of Gujarat erupted in communal violence. In
response to a train fire reportedly set by Muslims, Hindu mobs killed 1,200-2,500 Muslims, forced
100,000 people to flee, and destroyed homes. Christians were also killed and injured, and many churches
were destroyed. India’s National Human Rights Commission found evidence of premeditated killing by
members of Hindu nationalist groups, complicity by state government officials, and police inaction.
In the last two years approximately 100 people have been convicted of various crimes, with punishments
ranging from minor monetary fines to life imprisonment, and more than 100 individuals have been
acquitted because of lack of evidence, witnesses refusing to testify or the death of witnesses. Additionally,
Gujarati police have closed a large number of cases, citing the unavailability of witnesses. Notably in the
NGOS ALLEGE
THAT POLICE
INVESTIGATIONS
WERE
RELIGIOUSLY
BIASED AND
INTENTIONALLY
DEFECTIVE.INDIA
232| USCIRF 2013 Annual Report
last year, Mayaben Kodnani, the former Minister for Women and Child Welfare, was sentenced to 28
years in jail for her involvement in the Gujarat violence. However, it was widely reported in the media
that many in the Muslim community believe she was the “fall guy” for Narendra Modi, the Chief Minister
of Gujarat at the time of the riots (who still holds that position and was recently reelected).
Notably, in early February 2012, the Gujarat High Court strongly chastised the Gujarat government and
Chief Minister Modi for “inaction and negligence” during the violence. The court has also ordered the
government to pay compensation for the over 500 houses and businesses that were destroyed during the
violence.
Redress for Victims of 1984 Anti-Sikh Riots: In 1984, anti-Sikh riots erupted following the
assassination of Prime Minister Indira Gandhi. Nearly 3,000 Sikhs were killed, allegedly with the support
of Congress Party officials. There have been few developments relating to prosecuting perpetrators of the
anti-Sikh riots. In late 2010 the Central Bureau of Investigation (CBI) requested the Delhi Additional
Sessions Court to begin criminal proceeding against a Congress Party leader, Sajjan Kumar, and five
others for their alleged role in the 1984 anti-Sikh riots. After pressure from the central government, the
court accepted the CBI’s request. Proceedings began in the spring of 2010 and still continue.
In another case currently pending, Resham Singh, a Sikh who was a taxi driver in 1984, alleges that he
witnessed Congress Party leader Jagdish Tytler leading a mob of rioters. In late 2011 Singh requested
that the Delhi court allow him to testify before the court gives its final decision which was expected
sometime in March 2013, and before the CBI files its final report with the court. In mid-2012 an official
court case was filed against Tytler, but the date for the trial is unknown as of this reporting.
“Freedom of Religion Act(s)”/Anti-Conversion Laws: Five Indian states have adopted “Freedom of
Religion Act(s),” and several others are considering similar laws. While intended to reduce forced
conversions and decrease communal violence, states with these laws have higher incidents of
intimidation, harassment, and violence against religious minorities, particularly Christians, than states that
do not. USCIRF has repeatedly received reports that societal actors who harass and intimidate minority
groups often cite these laws. The laws require government officials to assess the sincerity of conversions
and fine or imprison anyone using force, fraud, or “inducements” to convert others. In some states, those
intending to change their religion must give the government prior notice of any conversion from
Hinduism, but not toward it. Proponents allege that financial, educational, and/or other service-based
benefits take advantage of economically-marginalized individuals. Opponents, however, note the laws’
ill-defined terminology regarding inducements or coercive acts, leaving them open to abuse by biased
officials, police, and societal actors. Some NGOs report that some proselytizing groups use tactics that
Hindus perceive as coercive or offensive.
In August 2012, the High Court of the state of Himachal Pradesh struck down parts of its “Freedom of
Religion Act” for violating the state constitution. The two offending provisions were: Rule 4 (obligation
to notify the authorities within 30 days of one’s intention to convert to a religion other than Hinduism),
and Rules 3 and 5 (requiring the state to investigate conversions). This may prompt other states to review
the legality of their own anti-conversion laws, or the federal government to require states to review their
…IT WAS WIDELY REPORTED IN THE MEDIA THAT MANY IN
THE MUSLIM COMMUNITY BELIEVE SHE WAS THE “FALL
GUY” FOR NARENDRA MODI, THE CHIEF MINISTER OF
GUJARAT AT THE TIME OF THE RIOTS…INDIA
233| USCIRF 2013 Annual Report
laws to ensure they are in line with the national constitution. However, as of this reporting, there are no
signs that either any state government or the federal government is doing so.
Harassment and Violence against Religious Minorities: NGOs and religious communities, including
Muslim, Christian, Sikh and Jehovah’s Witnesses groups, have reported an increase in religiouslymotivated harassment and violence by individuals and groups in society and by local police during the
past year. In addition, rape is a common feature of communal violence, particularly of Muslim and
Christian women, where the tactic spreads fear and humiliation on the community being targeted. Many
NGOs and religious communities believe that religiously-motivated harassment and violence will
increase before India’s upcoming 2014 general election, as political parties use religious divides to bolster
their political platforms and energize their voting base.
Since July and September 2011 terrorist attacks in Mumbai and New Delhi respectively, there have been
reports of increased police harassment and detentions of Muslims on unfounded allegations of terrorist
activities and membership in terrorist groups. For example, in a July 2012 report, the Tata Institute of
Social Sciences (TISS) found that 96% of Muslims in jails in the state of Maharashtra are not linked to
criminal gangs or terrorist groups, despite being detained on those allegations. Additionally, the report
noted that 25% of those Muslims in jail do not have lawyers. The report also found that most prisoners
were detained by police with just mere allegations of criminal or terrorist activities, and that evidence was
not required.
Christian groups have also claimed an increase of harassment and violence, and report a perpetual fear of
violence. For example in June 2012, a Pentecostal pastor was beaten up in the village of Mitrapur,
Odisha. After the pastor’s congregants took him to a hospital for treatment, a mob of 50 individuals
attacked approximately 12 families associated with the Pastor’s church, looting their homes and
physically attacking 20 men, women and children. Reportedly, several women were raped.
Jehovah’s Witnesses report an increase in mob attacks over the last two years, especially in Karnataka.
The community reports that mobs of 20 to 50 individuals regularly harass and occasionally physically
assault congregants or destroy religious property. For example, in July 2012, 15 young men beat up four
Jehovah’s Witnesses in Madikeri, Karnataka state, and took them to a police station, where the Jehovah’s
Witnesses were charged with “insulting the religion or religious beliefs of another class.” The Jehovah’s
Witnesses were later released on bail.
Sikh NGOs that advocate for justice for the 1984 anti-Sikh violence report frequent harassment by both
governmental officials and members of society. Reportedly the police often refuse to investigate acts of
harassment targeting Sikhs.
Hindus mostly from the Sindh and Baluchistan provinces of Pakistan have been fleeing in recent years
due to religious persecution, including kidnappings, forced conversion and violent attacks. The U.S.-
based Hindu American Foundation reports that an estimated 1,000 Hindus flee Pakistan annually for
India. After the end of the reporting year, the Indian Minister of State for Home Affairs announced that
the Indian government would not recognize refugee status for these individuals.
RECOMMENDATIONS FOR U.S. POLICY
Since 2004, the U.S. and India have pursued a strategic relationship based on shared concerns about
energy, security, and the growing threat of terrorism, as well as shared values of democracy and the rule
of law. The U.S. government should: INDIA
234| USCIRF 2013 Annual Report
• integrate concern for religious freedom into all bilateral contacts with India, and urge the Indian
government to ensure that religious freedoms are protected at the federal and state level;
• urge India to increase training on human rights and religious freedom standards and practices for
police and the judiciary, particularly in areas with a history or likelihood of communal violence;
• engage directly with Indian states with a history of communal violence or that have anti-conversion
laws, encouraging them to strengthen the ability of state and central police to provide effective
measures to prohibit and punish cases of religious violence to the fullest extent of the law while
protecting victims and witnesses;
• urge the central Indian government and states that have adopted “Freedom of Religion Act(s)” to
repeal or amend them, so as to conform with international standards;
• urge India to utilize the National Commission on Minorities to the fullest extent, including
empowering it with enforcement mechanisms including the ability to conduct trials or hear appeals;
• encourage the establishment of an impartial body of interfaith religious leaders, human rights
advocates, legal experts, and government officials to discuss and recommend actions to promote
religious tolerance and understanding; and
• urge all political parties and religious and social organizations to denounce publicly violence against
and harassment of religious minorities, women, and low-caste members, and to communicate to all
members and affiliates that acts of violence or harassment will not be tolerated
