the lead up to India’s elections from 11th April-19th May,
CSW is focusing on some of the issues faced by religious minorities in the
Last month, CSW’s South Asia Team Leader detailed the anti-conversion narratives that are often used to fuel religious intolerance. In this post, a guest contributor from Jharkhand state, whose name has been kept anonymous for security purposes, outlines the spread of hate speech by government officials in the state:
“On 11 August 2017 the front page of all newspapers in Jharkhand published an advertisement sponsored by the state government with a photograph of Jharkhand Chief Minister Shri Raghuvar Das and Mahatma Gandhi which misused the statement of Shri Mahatma Gandhi claiming that “If Christian missionaries feel that only conversion to Christianity is the path to salvation, why don’t you start with me or Mahadev Desai? Why do you stress on conversion of the simple, illiterate, poor and forest-dwellers? These people can’t differentiate between Jesus and Mohammad and are not likely to understand your preachings. They are mute and simple, like cows. These simple, poor, Dalit and forest-dwellers, whom you make Christians, do so not for Jesus but for rice and their stomach.”
“There is enough place in state prison for all the pastors and preachers if they continue to carry out missionary activity in the state.”
India approaches the Lok Shaba (parliamentary) election this year, the
right-wing Hindu organisation, Rashtriya Swayamsevek Sangh (RSS) and its
affiliates (collectively known as the Sangh
Parivar) are likely to take stock of their progress in realising their dreams
of making India a Hindu Rashtra (Nation).
Constructed on M.S Golwakar’s ideology that since time immemorial, ‘mother India’ was formed of ‘one culture, one religion,’ the RSS pursues a narrative that the Hindu has fallen ‘victim’ to foreign religions, namely Islam and Christianity, and that the protection of the ‘faithful’ is imperative.
Three years on from the date that Nepal adopted its new constitution, there are concerns about its ‘anti-conversion’ clause, which seemed designed to specifically protect Hinduism at the expense of other religions.
The clause, in Article 26 (3) of the constitution, states:
“No person shall, in the exercise of the right conferred by this Article, do, or cause to be done, any act which may be contrary to public health, decency and morality or breach public peace, or convert another person from one religion to another or any act or conduct that may jeopardize other’s religion and such act shall be punishable by law.”
These provisions were strengthened in the Penal Code 2017 which came into force in August 2018. Section 158 states that “No person shall convert any one from one religion to another or make attempt to or abet such conversion” and carries a punishment of up to five years imprisonment and a fine of up to fifty thousand rupees.
The criminalisation of conversion is a direct infringement on freedom of religion or belief as it robs individuals of the right to change their religion. These provisions also threaten the right to freedom of expression as they could be used to prohibit a range of legitimate expressions of religion or belief such as charitable activities or speaking about one’s faith.
Recent years have seen a worrying, increase in attacks against religious minorities in India. Even as the country marks the 68th anniversary of the constitution, which guarantees the freedom to profess, practice and propagate religion, there is evidence that there has been a dramatic rise in tensions between religious groups, due in large part to the validation of Hindu nationalism propagated by the ruling Bharatiya Janata Party (BJP) party, guided by the Rashtriya Swayamsevak Sangh (RSS), its ideological wing.
Recent video footage obtained by CSW of a physical attack against two Christians portrays the stark reality for many religious minorities in India today.
VIDEO: Two church leaders from Full Gospel Pentecostal Church in Kadamalaikuntu, Tamil Nadu are seen here being threatened, ridiculed and forcefully detained by six men on motorbikes as they attempted to leave a village after distributing Christian tracts. They also had sacred ash forcefully applied on them.
All elected Member States of the United Nations Human Rights Council (HRC) have a special obligation to protect and promote human rights. While every State has a responsibility to uphold human rights, in theory and in practice, Member States on the Council are in a unique position; and to that end, it is important that they practice what they’re supposed to preach.
During the HRC elections, candidates submit voluntary pledges, committing to the promotion and protection of human rights, and once elected, to maintaining high standards towards the protection and promotion of human rights.
Often, a State’s campaign for election is not free from criticism. Indeed, current HRC Council Members include Saudi Arabia, Pakistan, and China; countries which are frequently pulled up for serious human rights violations.
“While every state has a responsibility to uphold human rights, in theory and in practice, Member States on the Council are in a unique position; and to that end, it is important that they practice what they’re supposed to preach.”
In 2017, Nepal was elected as a Member of the HRC. The country will serve for a period of three years, and could serve up to two consecutive terms. It is important that Nepal embraces its position on the Council, calls out human rights abuses, makes recommendations, and promotes peace and reconciliation and supports the work of Special Procedures among other human rights mechanisms.