Freedom of Religion in India – A Debate
and Discussion at the House of Lords
Dr. Mozammel Haque
There
are well-known facts on paper and documents which nobody can deny and question.
Similarly, there are facts on the ground the reality suffered by people, the
facts people are going through their lives and the facts which are happening
everyday, the day-to-day life of the people of India. Both of these facts are
there on documents and in people’s life – the question is which one you are
going to highlight; which one you are going to place before the public. As a
neutral observer of facts, I will not ignore any one of that.
Facts on Documents
Lord
Popat (Con):
Let’s
see the facts on paper and documents. It is a fact that India is the largest
democracy in the world. It is also a fact that the population of India is more
than 1.3 billion. It is also a fact that India has a population of 780
languages. “For millennia, India has been home to vast diversities, cultures
and traditions. In the rich tapestry of Indian society, we see 780 languages
and seven major religions,” said Lord Popat from the Conservative Party at a
debate and discussion at the House of Lords, British Parliament recently and . added,
“Yet India also has a depressingly long list of incidents in which religious
tensions have risen. Today’s debate could realistically have happened at any
point in the past few decades and still reached worrying conclusions. While
India’s diversity is one of its greatest strengths, it so often leads to
moments of weakness. We should not pretend that religious tensions in India
have come to the fore only recently, or under the BJP. Some, if not most, of
the worst riots, including the Sikh massacre of 1984, which the noble Lord,
Lord Singh, mentioned, were committed under the regime of the Congress Party.”
Baroness
Berridge (Con):
Similarly,
at the same debate and discussion on India: Freedom of Religion at the House of
Lords, British Parliament recent, Baroness Berridge from the Conservative Party, mentioned, “The predominant religion of the
Commonwealth is Hinduism, a fact which derives directly from India’s
membership. The Commonwealth’s second most widespread religion, Islam, is also
well represented in India with 172 million people—the world’s third largest Muslim
population. By 2050 India is predicted to have the largest Muslim population in
the world. India currently has the world’s largest populations of Sikhs, Jains,
and Zoroastrians, as well as substantial numbers of Christians and Buddhists
and people of no religion at all. India has more people who are not Hindus—a
quarter of a billion—than most countries have people. India’s religious
diversity has always been part of its national identity and history.
Lord
Sheikh (Con)
In
the same discussion and debate at the House of Lords, British Parliamnt, Lord
Sheikh from the Conservative Party also pointed some of the facts on the
documents. He said, “India is home to 1.3 billion people, who belong to all the
major religions of the world. More than 780 languages are spoken there.
Additionally, the state cannot impose any tax to promote a religion or to
maintain a religious institution. The
Indian constitution ensures that every citizen of India has the freedom to
profess, practice and propagate his own religion. Therefore, citizens can
follow their own religions and beliefs. We should all remember that India took
an active role and was originally instrumental in drafting the Universal
Declaration of Human Rights that we are discussing here today.”
“Since
1993, Muslims, Christians, Sikhs, Buddhists and Zoroastrians have been noted as
minority communities. I stand here as a Muslim of Indian origin. Approximately
15% of the country is Muslim, totalling about 180 million people,” Lord Sheikh
mentioned.
Facts on the Ground
These
are facts and figures on Papers, on Documents and in the Constitution. The
question is about facts on the ground, human rights of the people, and the
religious tolerance in India. These we can understand from the day-to-day life
of the people. The debate and discussion on “India: Freedom of Religion” at the
House of Lords was raised by Lord Indarjit Singh of Wimbledon, a Crossbench
(Independent) Life Peer since 2011.
Lord
Indarjit Singh of Wimbledon:
Lord
Singh highlighted concerns over the plight of minority faiths in India.
Narendra Modi, leader of the nationalist BJP, won a landslide victory in the
May 2015 Indian election, mainly on ostensibly economic issues, but after his
election he has given increasing support to the Hindu extremist agenda of those
who helped propel him to power. He refers increasingly to restoring dignity and
power to the Hindu community. His own credentials were questioned by many in
India and abroad. As Chief Minister of Gujarat in 2002, he failed to stop
widespread violence against the Muslim community and for some years was banned
from entering the UK or the USA.”
In
support of his argument, Lord Singh of Wimbledon mentioned, “Reports from
Amnesty International, Human Rights Watch, the US Commission on International
Religious Freedom and other human rights organisations all tell the same story
of forced conversions of Muslims and Christians, with brutal rape and killing
and the destruction or seizure of property. This has been paralleled, sadly, by
a more general crackdown on the right to free speech.”
Harassment of Muslims and Christians
Lord
Singh of Wimbledon
There
is an increasing disregard of Article 18 of the UN’s Universal Declaration of
Human Rights. Lord Singh has given just a few examples to explain the fear now
felt, particularly by Christians and Muslims in India. He said, “The highly
respected US Commission on International Religious Freedom expressed concern in
its 2015 report over the biased application of state anti-discrimination
conversion laws, under which Christian preachers have been harassed and
arrested, while no action has been taken against those who, by inducement or
otherwise, force people to convert to Hinduism. Its report also drew attention
to the increasing harassment of Muslims and Christians, particularly those who
have converted to Christianity, with physical violence, arson and the
desecration of churches and bibles. Although this highly respected US
Commission on International Religious Freedom is allowed to function in
countries such as Pakistan, Saudi Arabia and China, it is now banned from
entering India.”
Muslims targets of Hindu extremists
Lord
Singh also mentioned, “Muslims in particular are targets of Hindu extremists
and are routinely accused of spying for Pakistan, of being terrorists, of
forcibly kidnapping and marrying Hindu women and of slaughtering cows. Muslim
villages in remote areas, particularly in Bihar, are routinely attacked. Sadly,
the police, as with the mass killing of Sikhs in 1984, are either silent
spectators or active participants. Discrimination against religious minorities
was prevalent, as Sikhs know too well, under successive Congress Governments.
Under the BJP Government of Narendra Modi the increasing attacks on minority
faiths have become more blatant and are accompanied by a disturbing silence of
those in power. Under Congress, discrimination against Sikhs was direct and
brutal. In the run-up to the election that put him in power, Narendra Modi
himself pointed out that the Congress Government were responsible for the mass
killing of thousands of Sikh men, women.”
Assault on Freedom of Speech
Lord
Singh of Wimbledon
Speaking
on the growing assault on freedom of speech in India, Lord Singh mentioned, “The
growing assault on freedom of speech has alarmed many in India from all walks
of life. Recently, a number of prominent Indians honoured for their work in
arts, science and business returned their awards as a protest against curbs on
free speech.”
“Despite
my concerns, I believe that India is a wonderful country that has a lot going
for it. It is a country rich in talent with a vast pool of highly educated and
qualified people in business, science and the arts. But to achieve its real
potential, those in positions of authority should heed the words of India’s
first Prime Minister, Jawaharlal Nehru, who declared that the care of
minorities was more than a duty, it was a sacred trust. India has a lofty
constitution with grandiose pledges of justice, liberty, equality and
fraternity. It is a country that is home to many different faiths, but it
cannot fulfil its full potential unless it takes its religious minorities with
it. Sadly, there is no sign of this happening. What can, or should,
Britain do about the deteriorating attitude to human rights and religious
freedom in India?” Lord Singh raised the question.
Religious
Freedom, Rights
of
women and children
Lord Hussain (LD)
Lord Hussain, Peer from
the Liberal Democrat Party was reading the Human Rights Watch Report 2016. He
said, “The Human Rights Watch report 2016 states that the
Government (of India) did little in 2015 to implement promises by the
newly-elected Prime Minister, Narendra Modi, to improve respect for religious
freedom, to protect the rights of women and children and to end abuse against
marginalised communities. Even as the Prime Minister celebrated Indian
democracy abroad, back home civil society groups faced increased harassment and
government critics faced intimidation and law suits. Officials warned media
against making what they called unsubstantiated allegations against the
Government, saying that it weakened democracy. In several cases, courts
reprimanded the Government for restricting free expression.”
Lord
Hussain also said, “According to the report, religious minorities, especially
Muslims and Christians, accused the authorities of not doing enough to protect
their rights. Some leaders of the ruling Bharatiya Janata Party made
inflammatory remarks against minorities, and right-wing Hindu fringe groups
threatened and harassed them and in some cases even attacked them. It has been
widely reported throughout the past many years that Hindu extremism in India is
growing and the human rights and freedoms of Christians, Muslims, Sikhs and
Dalits are hugely being victimised through its activities and attacks.”
“I read two news articles in the past two days
relating to India; one of them stated that four Kashmiri Muslim students were
attacked and charged for eating beef in Rajasthan. That is the kind of
environment that people are having to live in. For eating something they like,
they are not only attacked and beaten up but then charged. At the same time, I
read that an American watchdog had been refused a visa to look into the
freedoms and rights of religious communities in India. That shows the intention
of the Indian Government,” Lord Hussain mentioned two articles only to show the
kind of environment Indian minorities are living.
Kashmiri Muslims
Lord
Hussain particularly mentioned about the human rights situation of the Kashmiri
Muslims. He said, “In particular, Muslims, who form the largest minority in
India, are facing enormous pressure because of various laws. For example,
Kashmir is the only Muslim majority state in India, where, as we all know;
Indian forces have been since 1947. However, since 1990, they have continuously
enjoyed immunity via the Armed Forces (Special Powers) Act, through which they
are being given licence to kill. I bring this up in the debate on religious
minorities’ rights because 99.9% of the victims suffering at the hands of the
armed forces with immunity under that Act are Muslims. More than 100,000 people
have been killed in the last 20 years by the armed forces. I know that there
have been reports lately that some soldiers have been charged for wrongdoings in
Kashmir, but that is only a token prosecution. When the Foreign Secretary next
sees his counterpart in India, will he raise the issue of the Armed Forces
(Special Powers) Act and the immunity given to its forces in Kashmir? When will
India take that away from them? When will it take the army back out of the
cities and heavily populated areas?”
Observance of Basic Human Rights,
Right to Practise one’s religion
Professor the Rt. Revd Lord
Harries of Pentregarth, a Crossbench Peer of the House of Lords expressed his
concerns and worries about the observance of basic human rights.
Professor the Rt.
Revd Lord Harries of Pentregarth
Lord Harries said, “There
are some real worries about the observance of basic human rights, especially
the right to practise one’s religion. On paper, India has an excellent secular
constitution. As Amartya Sen has argued, “secular” here does not mean the
banishment of religion from public life but the fact that all religions are
treated, in theory, with equal respect and concern by the state and its
institutions. However, in practice, because of certain Hindu extremist groups,
there is sustained violence against Muslims, Sikhs and Christians. Human rights
are indivisible, and my concern is with the freedom of all religions in India—Muslims
and Sikhs as much as Christians, although I wish to focus on Christians for a
few moments.”
Attacks on Christians
Speaking
about the recorded attacks on Christians, Professor the RT Revd Richard Douglas Harries, Cross-Bench
Peer of the House of Lords mentioned, “A new report from the
Evangelical Fellowship of India documented 177 recorded attacks on Christians
last year. Church services were stormed and Christian leaders harassed and
assaulted. There were beatings and violence, including the rape of a 71
year-old nun. There were even reports of 18 church pastors being arrested.
This, the report stressed, is a drop in the ocean because most cases are simply
not recorded by the police or local government. These attacks on Christianity
must also be understood in relation to the caste system, because many
Christians are Dalits—the former untouchables. As is well known, Dalits suffer
disproportionately by every possible criteria: the number of rapes, lack of
clean water and sanitation, poverty, and inability to obtain justice from the
police and judiciary. It should also be noted that Christian Dalits do not
qualify for the positive discrimination measures that other Dalits enjoy, so
they suffer twice—both as Dalits and as Christian Dalits. A full list of these
gross injustices is being set out this month at the Human Rights Council in
Geneva.”
Discrimination against Dalits
Speaking
about the discrimination against Dalits, Lord Harries said, “Not surprisingly,
a good number of Dalit Hindus in the past sought to convert to Christianity or
Buddhism. However, it should be noted—to the shame of the church—that caste has
now also heavily infiltrated the church. The point here is that Christians are
the object of attack by Hindu extremist groups, because these groups believe
that they seek to attract converts from Hinduism by the promise of escape from
the caste system. Whether this is true or not, it is very difficult for people
to convert should they want to because of the threat of violence. Yet freedom
to convert from one religion to another is fundamental to Article 18.”
Hindu extremist groups
Speaking
about the religious violence by the Hindu extremist groups against other
religions, Lord Harries said, “Mr (Narendra) Modi, in his younger days, was a
member of the RSS, the main Hindu extremist group. He has not disowned that
past, nor, as far as I am aware has there been a ringing condemnation of
Hindu-inflicted violence against other religions. At the moment, there seems to
be a culture of impunity, which can only poison the atmosphere further and lead
to an increased number of attacks. Will the Minister, in our dealings with the
Indian Government, call on Mr Modi to be clear, forceful and unequivocal in
condemning these Hindu extremist groups, and firm in ensuring that perpetrators
of religious violence are brought to justice? On too many occasions, there has
been little or no action against criminals when the victims have been Christian
Dalits or simply Christians.”
Treatment of Religious minorities
In India problematic
Lord Nazir Ahmed of Rotherham, an Independent Peer of the
House of Lords, British Parliament also took part in the debate and discussion
on India: Freedom of Religion at the House of Lords.
Lord Ahmed
Lord
Ahmed spoke about the alarming situation of the religious minorities in the
so-called largest democracy in the world. He said, “Democracy without human
rights, equality, fairness, rule of law and minority rights does not impress
me. President Putin was democratically elected; Donald Trump is leading the
race for the Republican Party presidential nomination in the US; Hitler was
also democratically elected; and so were many others in history who had a
terrible record in the treatment of religious minorities. I say to the noble
Lord, Lord Sheikh, with all due respect, that I disagree with him: India’s
record on the treatment of religious minorities has been problematic for
decades.”
Reports of attacks, intimidation and
Marginalisation of religious minorities
Lord
Ahmed continued, “We are seeing, as many had predicted, disturbing new levels
of threat emerging since the formation of the openly Hindu nationalist BJP
Government led by Prime Minister Modi. There are almost daily reports of
attacks, intimidation and marginalisation of religious minorities. In 2015,
President Obama identified the risk of religious intolerance as a possible
cause of India failing as a state The noble Lord, Lord Singh, mentioned the
tens of thousands of victims of mass violence, against Sikhs in Delhi in 1984
and Muslims in Gujarat in 2002, where mobs widely believed to have official
backing massacred, raped and looted with impunity.”
“In
the past year Prime Minister Narendra Modi has made numerous international
trips in the hope of boosting trade and India’s engagement in global affairs.
However, this did not go as planned as India continued to vote poorly when it
came to human rights issues at the United Nations. I accept India being
involved with the UN declaration, but India abstained from the Human Rights
Council’s resolution on Syria, North Korea and Ukraine and voted against
resolutions on Iran and Belarus. India’s long-term determination to play a
larger role in global affairs and Prime Minister
Modi’s
aspirations have been shot down because of India’s weak record on human rights,
both at home and abroad,” mentioned Lord Ahmed.
.
Christian Communities face
Discrimination and religious violence
Lord
Ahmed mentioned about the discrimination and religious violence against
Christian communities. He said, “Christian communities in India have faced
discrimination, as we have heard, and religious violence over a period of time.
For example, on 17 June 2014 in the Bastar district of Chhattisgarh, over 50
village councils adopted a resolution which banned all non-Hindu religious
propaganda, prayers and speeches. In those communities this effectively
criminalised the practice of Christianity for approximately 300 Christian
families in the region. Many were also injured in the violence following that.
Numerous incidents of violence have recently taken place in India over the
consumption of beef, as mentioned by the noble Lord, Lord Hussain, and many
have been killed.”
Sikhism as a distinct religion
Speaking
about Sikhism as a distinct religion, Lord Ahmed said, “Lack of recognition of
Sikhism as a distinct religion has gone on for too long. Article 25 of India’s
constitution deems them to be Hindus for the purposes of religion and personal
law. Sikhs’ efforts to amend that incredible, offensive and divisive article
have been thwarted for decades. This has resulted in the prevention of members
of the Sikh communities from accessing employment, social services and
education, preferences available to other religious communities. Sikh community
members are reportedly harassed and pressured to reject religious practices and
beliefs distinct to Sikhism. In October 2015, security forces in Punjab killed
two Sikhs and injured scores more who were protesting peacefully against the
desecration of Sri Guru Granth Sahib, which is the holy Sikh scripture. No
action has been taken against those who committed this sacrilege or the
security personnel who killed those innocent Sikhs.”
Visa Refusal to the United States Commission
On International Religious Freedom
Lord
Ahmed raised the topic of visa refusal to the United States Commission on
International Religious Freedom. He mentioned, “The Indian Government has
recently refused visas to the United States Commission on International
Religious Freedom; this denial of impartial international access proves that
there is still a veil that the Government of India and Mr Modi do not want the
world to lift. I think it is clear that India has been and remains in breach of
its duty towards minority religions. Prime Minister Modi and his allies in
hard-line Hindu groups, such as Vishva Hindu Parishad, Bajrang Dal and
Rashtriya Swayamsevak Sangh, present a challenge to the international
community. Do we confront this overt threat to tens of millions Christians,
Muslims and Sikhs in India, or do we appease these extremist forces in the name
of trade and profit? I urge the UK Government to make wiser choices and tailor
its India policy towards the protection of internationally accepted religious
freedoms. Backing India’s claim to a permanent seat on the UN Security Council,
for example, is folly under present circumstances. Surely we should demand
compliance with international law as a bare minimum price for such a prize.”
US Commission on International
Religious Freedom Annual Report
Lord Collins of Highbury, Peer from the Labour Party at the
House of Lords took part in the discussion and debate.
Lord Collins of Highbury (Lab):
Lord
Collins said, “Countries that do not respect religious freedom invariably do
not respect other basic human rights. Last weekend I listened to BBC Radio 4’s
“Sunday” programme—I am a regular listener despite being a Humanist—during
which a representative from the US Commission on International Religious
Freedom was interviewed about being denied the opportunity to visit India to examine
reports of religious discrimination and abuse. In the commission’s recent
annual report, it was suggested that incidents of religiously motivated and
communal violence in India had increased for three consecutive years. NGOs and
religious leaders, including leaders from the Muslim, Christian and Sikh
communities, attributed the initial increase to religiously divisive
campaigning in advance of the country’s general election.”
“Do
the Government ensure that the issue of religious freedom is integrated into
regular dialogue between India and the UK? Once again, as we have heard, the
Foreign and Commonwealth Office seems focused on what it called prosperity
interventions in India, but what is being done on human rights since Prime
Minister Modi came to power? The prosperity agenda and the lives and
fundamental freedoms of people must never be part of a cynical trade-off. You
cannot trade human rights with economic trade,” said Lord Collins of Highbury.
.
While
paying tribute to the work of the noble Baroness, Lady Berridge, on religious
freedom in the Commonwealth, Lord Collins said, “Despite the importance of the
relationship with India, which I strongly respect, we must not shirk from
raising human-rights issues if the country fails to adhere to domestic and
international law.”
The Earl of Courtown (Con)
The
Earl of Courtown from the Conservative Party said, we all deplore “the
desecration of the sacred text of any religion and acts of violence against any
human being on grounds of their faith. It is also natural that many will have
worried about the effect on their own families of recent events in Haryana,
Punjab and at Jawaharlal Nehru University. Many—again both here and in
India—are rightly horrified at the crimes inflicted upon innocent women and girls
going about their daily lives.”
.
Human Rights Concerns in Kashmir
The
Earl of Courtown also said, “We recognise that there are human rights concerns
in Kashmir. Any allegations of human rights abuses should be investigated
thoroughly, promptly and transparently. We are also aware that in
Indian-administered Kashmir the Public Safety Act and the Armed Forces Act
provide for detention and house arrest without trial for up to two years. We
are also aware of the concerns regarding allegations of immunity from
prosecution for Indian Armed Forces personnel in Indian-administered Kashmir.
There is also a mechanism which allows people to request that the Government of
India investigate such concerns. We expect all states to ensure that their
domestic laws are in line with international standards. Any allegations of
human rights abuses must be investigated thoroughly, promptly and
transparently.”
Human rights violations on Muslims
The Earl
of Courtown said, “As for the human rights attacks on Muslims recounted by the
noble Lord, Lord Hussain, the United Kingdom engages on human rights matters
with India, including religious freedom, both bilaterally and through EU-India
human rights dialogue.”
Facts on the Ground reported
In the Newspapers and protest
Indian Intellectuals alarmed by
Rising intolerance attacks
It
is reported on 1 November 2015 that “First writers then artists, followed by
filmmakers, historians and scientists. The chorus of Indian intellectuals
protesting religious bigotry and communal violence grows louder by the week
with a single message for Prime Minister Narendra Modi: Protect India’s
tradition of secularism and diversity. Those protesting are angry and worried
by a spate of deadly attacks against atheist thinkers and minorities, and by
Modi’s relative silence through it all.”
Arundhati
Roy joins protest against intolerance
And
returns award
It
is reported on 5 November 2015 that “Booker Prize-winning novelist Arundhati
Roy has joined the growing number of writers, filmmakers, scientists and
historians voicing alarm over what they describe as a climate of religious
intolerance and violence in India. Roy said in a sharply worded editorial
published Thursday in The Indian Express newspaper that millions of
minority people including Muslims, Christians and members of low-caste or
tribal communities “are being forced to live in terror, unsure of when and from
where the assault will come.”
It
is also reported, “Already dozens of writers have returned awards to the
country’s top literary institution, the Sahitya Academi, over disappointment
that it has not condemned the recent killings of atheist activists who
campaigned against religious superstition or Muslims rumored to have
slaughtered cows or eaten cow meat.”
Roy said she was “so ashamed of what is going on in this country” and was pleased to return her 1989 national screenplay award and “to be a part of the political movement.” “I believe what artists and intellectuals are doing right now is unprecedented, and does not have a historical parallel. It is politics by other means,” said Roy, who in recent years has become a fervent civil rights activist.
Many of those protesting have also criticized Prime Minister Narendra Modi and his Hindu nationalist Bhartiya Janata Party for not speaking out against religious attacks, saying their silence has encouraged Hindu hard-liners to justify the attacks and assert Hindu superiority, it is reported in the press.
Religious Intolerance in India
Who’s afraid of Shah Rukh Khan?
Under
the above caption, Mr. Aijaz Zaka Syed wrote in the Jeddah-based English daily Arab
News dated 6 November 2015: “If this is how India’s biggest superstar,
feted around the world including by universities such as Harvard and Edinburgh,
is treated for once speaking his mind and not preening and fudging like the
other politically correct Khans, imagine the predicament of the less fortunate
members of his clan. But then what’s new? The more things change in India the
more they remain the same. Indeed, they seem to be unraveling at an alarming
pace.”
He
also observed in his write-up: “He (Mr. Narendra Modi) has been in power barely
a year and half and he has split the country down in the middle, with people
who have co-existed in peace for centuries thirsting for each other’s blood.
Not a day passes without the Hindutva rabble-rousers, many of them senior BJP
leaders and members of Modi’s Cabinet, telling Muslims, Christians and other
minorities to leave the country or persuading them with attacks such as Dadri.”
Mr.
Zaka Syed maintained, “Is it any wonder then the foot soldiers see these
comments as the leader’s nod and wink-wink to go berserk. As another group of
writers pointed out this week in their letter of protest, the Dear Leader is
not only tolerating spiraling acts of intolerance and violence, he is mandating
them with his selective and strategic silence.
“This
sinister silence has not only forced hundreds of writers, intellectuals,
scientists, filmmakers and artists to come out on the streets, it provoked rare
rebuke from the President of India at least thrice and one long, passionate
speech from the Vice President. Theirs are ceremonial positions and they are
supposed to read from the script. Nonetheless they couldn’t help emphasize the
urgent need to uphold India’s traditions of tolerance and diversity. Even the
international media, not too long ago gushing about the ‘rock star reception of
Modi’ in America, has started noticing the dark underbelly. While New York
Times on Tuesday slammed Modi for tolerating and encouraging the
extremists, the Economist did a cover story titled ‘Lights! Camera!
Inaction!’ underlining the reality of Modi hype,” concluded by Mr. Zaka Syed.