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Freedom of religion in India

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Freedom of religion in India is a fundamental right guaranteed by the country's constitution.[1] Modern India came into existence in 1947 as a secular nation and the Indian constitution's preamble states that India is a secular state. Freedom of religion is established in tradition as Hinduism does not recognise labels of distinct religions[2][3] and has no concept of blasphemy or heresy.[4][5] Every citizen of India has a right to practice and promote their religion peacefully. However, there have been a number of incidents of religious intolerance that resulted in riots and violence. These incidents have been condemned by the governmental administrations, private businesses, and judicial systems.

India is the birthplace of four major world religions: Hinduism, Jainism, Buddhism and Sikhism. Yet, India is one of the most diverse nations in terms of religion. Even though Hindus form close to 80 percent of the population, the country also has large Muslim, Sikh, Christian, Jain and Zoroastrian populations. Islam is the largest minority religion in India, and the Indian Muslims form the third largest Muslim population in the world, accounting for over 12 percent of the nation's population.

India has a Hindu President Pranab Mukherjee, Muslim vice-president M. Hamid Ansari, a former Sikh Prime Minister Manmohan Singh and a formerAtheist Defence Minister A. K. Antony. The leader of the oldest national party, the Indian National Congress, Sonia Gandhi is a Catholic Christian. India's ex-President APJ Abdul Kalam was a Muslim. Out of the 12 Presidents of India since Independence, three have been Muslims and one Sikh. India had a prominent former Defence Minister George Fernandes, a Christian. India's Air Force Chief, Fali H. Major, was a Zoroastrian.

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History[edit]

Tradition of religious freedom[edit]

The plural nature of Indian society in the 3rd century BCE was encapsulated in an inscription of Ashoka:

"King Piyadasi (Ashoka) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, One must not exalt one’s creed discrediting all others, nor must one degrade these others Without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.”

Emperor Kharvela (born in the family of Rajarshi Vasu) declares himself in his inscription (approximately 2nd century BCE):[6]

sava pasa-nd-a-puujako, sava devaayatan-sanskaarako
I am worshipper of all sects, restorer of all shrines. ।।

Kharvela's self-description must be contrasted with other rulers around the world, who took pride in calling themselves "but-shikan" or "defender of the (only true) faith".

Badayuni in his Muntakhab-ut-Tawáríkh reports that the Mughal Emperor Akbar, who had established the Din-i-Ilahi faith, decreed the following in AH 1000 (1551–1552 CE):

"Hindus who, when young, had from pressure become Musalmans, were allowed to go back to the faith of their fathers. No man should be interfered with on account of his religion, and every one should be allowed to change his religion, if he liked. ...People should not be molested, if they wished to build churches and prayer rooms, or idol temples, or fire temples."

Refuge from religious persecution[edit]

India, with its traditional tolerance, has served as a refuge for groups that have encountered persecution elsewhere.

Religious disturbances and conflicts before 1947[edit]

Notable incidents of religious intolerance, conflicts and riots have occurred at several points in time.

Conversion in India[edit]

In India, issues concerning religious conversion have sparked a lot of attention. The step model of transformative religious experiences has seven stages: exposure, disenchantment, crunch, pursuit and test, hostilities, participation and maturation. The conversion of one’s religion is a process of awareness and a point of realization that can be explained in a religious and a social psychological aspect. However, this phenomena implied hostilities in Indian families; indeed changing one’s religion causes a great tremor in the Indian community. Though conversion resolved the pre-conversion crisis, it resulted in more crises in a convert’s life in India. Different kinds of hostilities were: being killed, threatened with death, fear of future troubles or being disowned by parents and friends. Most Indians who converted into another religion reported that it completely changed their lives.[7]

Laws against conversions[edit]

The Indian Constitution in Article 25 grants to citizens of India of all religious persuasions freedom to profess, practise and propagate their faith in a way that does not disrupt public order and does not affect public health and morality adversely.[8] The Article 25 of the Indian Constitution is a basic human rights guarantee that cannot be subverted or misinterpreted in any manner. It is in this context that the anti-conversion laws in India must be viewed.Anti-conversion laws are promulgated on the premise that forced or induced conversions happen and need to be prevented. Such laws are controversial because they run the risk of being abused by communal forces who may have the tacit approval of the dominant political party in the state or country.

A consolidation of various anti-conversion or so-called "Freedom of Religion" Laws has been done by the All Indian Christian Council.[9]

In the past, several Indian states passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. Arunachal Pradesh passed a bill in 1978. In 2003, Gujarat State, passed an anti-conversion bill in 2003.

In July 2006, the Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one month's notice, or face fines and penalties.[10]

In August 2006, the Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate.[11]

In February 2007, Himachal Pradesh became the first Congress Party-ruled state to adopt legislation banning illegal religious conversions.[12]

The US State Department has claimed that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual increase in the traditional nationalism(Hindutva).[13]

Cases of religious violence[edit]

Situation of Hindus[edit]

Militants have murdered and forcibly displaced more than 400,000 Kashmiri Hindus during the Kashmir insurgency.[14] This has been condemned and labelled as ethnic cleansing in a 2006 resolution passed by the United States Congress.[15] In Northeastern India, Christian extremist groups have been accused of harassing, murdering and forcibly converting Hindus, and attacking temples though it has not been proven by a judicial body. In 2000, Tripura police discovered that The Baptist Church of Tripura supplied the NLFT with arms and financial support and to have encouraged forced conversion and murder of Hindus. NLFT has allegedly issued a ban on the Hindu festivals of Durga Puja and Saraswati Puja, and declared it their mission to expand what they describe as the kingdom of God and Christ in Tripura.[16] In Assam, members of the primarily Christian Hmar ethnic group have allegedly placed bloodstained crosses in temples and forced Hindus to convert at gunpoint.[17] Many Hindu holy sites have been regularly attacked by terrorist groups, including Varanasi, Ayodhya, and Akshardham temple.

Situation of Muslims[edit]

There were widespread riots during the Partition of India in 1947, with attacks on Muslim minorities by Hindu and Sikh mobs.

In 1992,A mob of Hindu militants has torn down a mosque and attacked other Muslim targets in the north Indian town of Ayodhya, in one of India's worst outbreaks of inter-communal violence on their believe that this was built on the birthplace of Ram.

Shitte[edit]

For Shia Muslims, the Grand Ashura Procession In Kashmir which would mark the martyrdom of Husayn ibn Ali has been banned by the Government of India in the 1990s. Mourners who try to come on roads to mourn Imam Hasayn are detained by Jammu and Kashmir Police every year.[18] [19][20] According to the government, this restriction was placed due to security reasons and fear of separatist militant groups forming. Local religious authorities and separatist groups condemned this action and said it is a violation of their fundamental religious rights.[21]

Situation of Christians[edit]

From 1964 to 1996, at least 38 incidents of violence against Christians were reported. In 1997, 24 such incidents were reported. Since 1998, Christians in India have faced a wave of violence.[22] In 1998 alone, 90 incidents were reported.[23] According to a Human rights Watch report that was published in September 1999, the number of incidents of anti-Christian violence rose in the months following the victory of the Hindu nationalist Bharatiya Janata Party (BJP) in March 1998.[24] Attacks against Christians in Odisha, have occurred in recent years in response to missionary activity by Christians. In a well-publicised case, Graham Staines, an Australian Christian missionary was burnt to death along with his two sons Timothy (aged 9) and Philip (aged 7), while they were sleeping in his station wagon at Manoharpur village in Keonjhar district in Orissa in January 1999. He was running the Evangelical Missionary Society of Mayurbhanj, an Australian missionary society.[24] His "distribution of beef & desecrating Hindu Deities" was the alleged excuse for this attack. In 2003, Dara Singh was convicted of leading the gang responsible. In January, 2014 a pastor, O Sanjeeva Rao was killed by Hindu extremists from the group 'Hindu Vahini', his wife was also severely injured by them. The president of the Hindu Vahini in Andhra Pradesh said in a newspaper that they were not responsible for the attack, though it was proven after a thorough investigation by the police.[25]

Christian Indians have been threatened by Hindu nationalists with either conversion to Hinduism or displacement.[26]

See also[edit]

References[edit]

  1. ^ article 15 of India Constitution
  2. ^ (Rigveda 1:164:46) “Ekam sat vipra bahudha vadanti” – Truth is one; sages call it many names
  3. ^ (Maha Upanishad: Chapter 6, Verse 72) "Vasudhaiva kutumbakam" – The entire world is a one big family
  4. ^ de Lingen, John; Ramsurrun, Pahlad. An Introduction to The Hindu Faith. Sterling Publishers Pvt. Ltd. p. 2. ISBN 978-81-207-4086-0. 
  5. ^ Murthy, BS (2003). Puppets of Faith: theory of communal strife. Bulusu Satyanarayana Murthy. p. 7. ISBN 978-81-901911-1-1. 
  6. ^ "INDOLOGY archives – March 2001 (#143)". Listserv.liv.ac.uk. 
  7. ^ Iyadurai, Joshua (28 May 2010). "the step model of transformative religious experiences: a phenomenological understanding of religious conversions in india". Pastoral Psychology 60 no.4 (August 1, 2011) (springer science+business media) (60): 505–521. doi:10.1007/s11089-010-0287-6. 
  8. ^ http://www.constitution.org/cons/india/p03025.html
  9. ^ "Laws & Policies". All India Christian Council. Retrieved 2007-12-29. 
  10. ^ "Conversions harder in India state 26/07/2006". BBC News. 26 July 2006. 
  11. ^ Mohammad, Faisal (4 August 2006). "Christian anger at conversion law 04/08/2006". BBC News. 
  12. ^ "WorldWide Religious News-Himachal enforces anti-conversion law". Wwrn.org. 22 February 2007. 
  13. ^ TOI on International Religious Freedom Report 2003, released by the Bureau of Democracy, Human Rights and Labour of the US State Department
  14. ^ Pallone introduces resolution condemning Human rights violation against Kashmiri Pandits, United States House of Representatives, 2006-02-15
  15. ^ Expressing the sense of Congress that the Government of the Republic of India and the State Government of Jammu and Kashmir should take immediate steps to remedy the situation of the Kashmiri Pandits and should act to ensure the physical, political, and economic security of this embattled community. HR Resolution 344, United States House of Representatives, 2006-02-15
  16. ^ Bhaumik, Subhir (18 April 2000). "'Church backing Tripura rebels'". BBC News. Retrieved 2006-08-26. 
  17. ^ Christianity threat looms over Bhuvan Pahar Assam Times – 23 June 2009
  18. ^ "India: Govt clamps curfew to stop main Ashura procession in Kashmir". Relief Web. Retrieved 5 April 2014. 
  19. ^ "Police break up Ashura marchers in Srinagar". Fresh Initiative. Retrieved 13 April 2014. 
  20. ^ "50 Shia mourners detained in Srinagar on Muharram day". Rediff. Retrieved 13 April 2014. 
  21. ^ "In Pictures: Mourners teargassed, arrested on Muharram in Kashmir". Kashmir Dispatch. Retrieved 13 April 2014. 
  22. ^ Stanley, Alessandra (6 November 1999). "Pope Lands in India Amid Rise in Anti-Christian Violence". The New York Times. Retrieved 1 April 2010. 
  23. ^ Vinay Lal. "Anti-Christian Violence in India". Manas: India and Its Neighbors. UCLA College of Letters and Science. 
  24. ^ a b "Anti-Christian Violence on the Rise in India". Human Rights Watch. 29 September 1999. "Attacks Against Christians in India, details violence against Christians in the months ahead of the country's national parliamentary elections in September and October 1999, and in the months following electoral victory by the Hindu nationalist Bharatiya Janata Party (Indian People's Party, known as the BJP) in the state of Gujarat. Attacks against Christians throughout the country have increased significantly since the BJP began its rule at the center in March 1998. They include the killings of priests, the raping of nuns, and the physical destruction of Christian institutions, schools, churches, colleges, and cemeteries." 
  25. ^ The Staines case verdict V. Venkatesan, Frontline Magazine, 11–23 Oct 2003
  26. ^ "Hindu Threat to Christians: Convert or Flee". The New York Times. October 12, 2008. 

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