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The issues
Although there is much to celebrate about India, tens of millions of her citizens suffer severe social exclusion, whether because of their caste, tribe, or religion. The nature of their social exclusion is very complex, but it often involves violence, exploitation and discrimination. We have chosen a few of the key ways in which social exclusion is reinforced in India, and are calling upon the Indian authorities, on world governments and on multinational corporations, to tackle these.
Speaking up for victims of violence
We began Inclusive India by looking at the issue of religiously-motivated violence, focusing on the situation faced by Christians in Orissa in the aftermath of attacks they faced in August-October 2008. Some of the worst such violence in India’s recent history has been suffered by Muslims in Gujarat in 2002, and in 1984, Sikhs were targeted in a violent backlash after the assassination of Prime Minister Indira Gandhi.
An isolated issue?
Religiously-motivated violence is linked to several other issues. In Orissa, the victims of the violence – both Christians and others who stood up to the rioters – were from the Dalit and adivasi (tribal) communities. Religious violence often plays out in these disenfranchised communities, and it is the conversion of Dalits and adivasis to Buddhism, Christianity or Islam that attracts the most serious animosity from Hindu nationalists. These communities also face the weakest protection from law enforcement authorities, who persistently fail to come to their aid when they face violence or discrimination.
Inclusive India is now focusing on matters of the law, and the big structural issues which allow violence and discrimination to take place. A new CSW briefing highlights these problems, and we invite you to join us in campaigning for change.
Strong framework, but areas for concern
Overall, India boasts an excellent constitution, and a strong body of laws protecting religious freedom, and protecting Dalits and adivasis against violence and discrimination. However, there are a few serious problem areas.
Protecting the victims of violence?
The government has introduced a bill specially designed to prevent, control and deal with the aftermath of religiously-motivated violence. In principle, this is very much welcomed. But, the substance of the bill is criticised by the very groups that confront this type of violence, for several reasons. For example, it makes provisions only for violence which is concentrated in particular areas at a particular time, and would not cover the frequent, regular anti-Christian attacks which take place in many different parts of India. It also needs stronger safeguards against prejudiced behaviour from state officials, and it should protect victims from threats or further intimidation.
Anti-conversion legislation
Anti-conversion laws in five states create a hostile environment for religious minorities, and restrict freedom of religion as defined by international law.
Penalties for Dalit conversion
Dalits who choose any religion other than Hinduism, Sikhism or Buddhism are excluded from a government affirmative action scheme. This means that those who become Christians or Muslims effectively face serious economic penalties for doing so.
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So what is an anti-conversion law?
Anti-conversion laws, in force in five states in India, are not quite as they sound. The complexity all hinges on the meaning of “conversion”.
One way of understanding conversion is to see it from the perspective of the new convert, Person A. He or she decides to adopt a new faith, having been persuaded somehow of its merits. Conversion is therefore something which Person A does.
However, in the case of anti-conversion laws, conversion is seen from the perspective of Person B, who causes Person A to change their faith. Conversion is therefore what Person B does to Person A.
Anti-conversion laws restrict what Person B is allowed to do in order to persuade Person A to change his or her faith. The restrictions, covering “force”, “fraud” and “allurement”, are very broad and poorly-defined, meaning that a whole range of activities, from preaching to charity, are at risk of prosecution. The laws also restrict Person A’s freedom to change faith: in three of the five laws, they must involve the authorities in this process. The laws are also unnecessary: any acts of force carried out by Person B to try and effect a change of religion from Person A would be would be covered under other laws, and the anti-conversion laws are rarely invoked. In practice, all they serve to do is undermine religious freedom and generally foster intolerance towards religious minorities.
There is a clear mandate for repealing these laws: the UN Special Rapporteur on freedom of religion and belief has condemned them for raising “serious human rights concerns”.
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