BJP implements Hindutva, Muslims under assault; Read key findings in USCIRF report on religious freedom in India

“In 2019, following the Bharatiya Janata Party’s (BJP) re-election in May, the national government used its strengthened parliamentary majority to institute national level policies violating religious freedom across India, especially for Muslims,” USCIRF observes. Photo: Shaheen Abdulla/Maktoob

Religious minorities are under increasing assault in India, United States Commission on International Religious Freedom, a US commission mandated to monitor religious freedom globally said on Tuesday.

The USCIRF recommended India as a “Country of Particular Concern” where “governments engage in or tolerate systematic, ongoing, egregious violations of religious freedom”.

“The BJP has challenged the secular principles of the constitution by implementing policies reflecting Hindu nationalist ideology, or Hindutva,” said USCIRF which was authorized by the International Religious Freedom Act of 1998 in the United States.

Accusing the BJP government of creating “a culture of impunity for nationwide campaigns of harassment and violence against religious minorities”, the commission called for “targeted sanctions against Indian government agencies and officials responsible for severe violations of religious freedom”.

The USCIRF cited the Citizenship Amendment Act, which excludes Muslims, and “nationwide campaigns of violence against religious minorities” as its reasons.

“Home Minister Amit Shah referred to migrants as ‘termites’ to be eradicated… in Uttar Pradesh (UP), the BJP chief minister Yogi Adityanath pledged ‘revenge’ against anti-CAA protestors and stated they should be fed ‘bullets not biryani’,” the report said.

The USCIRF cited the Citizenship Amendment Act, which excludes Muslims, and “nationwide campaigns of violence against religious minorities” as its reasons. Photo: Shakeeb KPA/Maktoob

“In 2019, following the Bharatiya Janata Party’s (BJP) re-election in May, the national government used its strengthened parliamentary majority to institute national level policies violating religious freedom across India, especially for Muslims,” USCIRF observes.

“In February 2020, three days of violence erupted in Delhi with mobs attacking Muslim neighborhoods. There were reports of Delhi police, operating under the Home Ministry’s authority, failing to halt attacks and even directly participating in the violence,” the report said on recent anti-Muslim pogrom conducted by Hindu mobs in the month of February in India’s national capital.

“While the constitution protects the right to proselytize, 10 states have anti-conversion laws criminalizing conversion using force, allurement, inducement, or fraud, but many use vague language that can be interpreted as prohibiting consensual conversions. In 2019, BJP ruled Himachal Pradesh increased the penalties for forced conversions. Authorities predominately arrest Muslims and Christians for conversion activities,” USCIRF sites anti-conversion laws in India as unconstitutional.

“To date, however, there are no known convictions for forced conversion. Hindutva groups pursue mass conversions through ceremonies known as ghar wapsi (homecoming), without interference from authorities,” it added.

USCIRF report also said they received several reports of mosques being closed, imams and Muslim leaders arrested and detained, and threats and violence by extremist groups in Kashmir valley.

Read the ‘Key Findings and Recommendations to the US govt’ part in the report. An unedited text:

Key Findings

In 2019, religious freedom conditions in India experienced a drastic turn downward, with religious minorities under increasing assault. Following the Bharatiya Janata Party’s (BJP) re-election in May, the national government used its strengthened parliamentary majority to institute national level policies violating religious freedom across India, especially for Muslims. The national government allowed violence against minorities and their houses of worship to continue with impunity, and also engaged in and tolerated hate speech and incitement to violence.

Significantly, the BJP-led government enacted the Citizenship (Amendment) Act (CAA)—a fast track to citizenship for non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan already residing in India—and approved a National Population Register (NPR) as a first step toward a nation-wide National Register of Citizens (NRC). The border state of Assam, under mandate of the Supreme Court, implemented a statewide NRC to identify illegal migrants within Assam. When the statewide NRC was released in August, 1.9 million residents—both Muslims and Hindus—were excluded. Those excluded live in fear of the consequences: three United Nations (UN) Special Rapporteurs warned that exclusion from the NRC could result in “statelessness, deportation, or prolonged detention.” Indeed, Home Minister Amit Shah referred to migrants as “termites” to be eradicated. Troubled that Hindus were excluded from Assam’s NRC, he and other BJP officials advocated for the CAA as a corrective measure to protect Hindus. The CAA provides listed non-Muslim religious communities a path to restore their citizenship and avoid detention or deportation. In its wake, BJP leaders have continued to advocate for a nation-wide NRC; the citizenship of millions would be placed under question, but, with the CAA in place, Muslims alone would bear the indignities and consequences of potential statelessness.

BJP leaders have continued to advocate for a nation-wide NRC; the citizenship of millions would be placed under question, but, with the CAA in place, Muslims alone would bear the indignities and consequences of potential statelessness. Photo: Shaheen Abdulla/Maktoob

The CAA’s passage in December sparked nationwide protests that police and government-aligned groups met with violence; in Uttar Pradesh (UP), the BJP chief minister Yogi Adityanath pledged “revenge” against anti-CAA protestors and stated they should be fed “bullets not biryani.” In December, close to 25 people died in attacks against protestors and universities in UP alone. According to reports, police action specifically targeted Muslims.

Throughout 2019, government action—including the CAA, continued enforcement of cow slaughter and anti-conversion laws, and the November Supreme Court ruling on the Babri Masjid site—created a culture of impunity for nationwide campaigns of harassment and violence against religious minorities. In August, the government also revoked the autonomy of Muslim-majority state Jammu and Kashmir and imposed restrictions that negatively impacted religious freedom. Mob lynchings of persons suspected of cow slaughter or consuming beef continued, with most attacks occurring within BJP-ruled states. Lynch mobs often took on overtly Hindu nationalist tones. In June, in Jharkand, a mob attacked a Muslim, Tabrez Ansari, forcing him to chant “Jai Shri Ram (Hail Lord Ram)” as they beat him to death. Police often arrest those attacked for cow slaughter or conversion activities rather than the perpetrators. Violence against Christians also increased, with at least 328 violent incidents, often under accusations of forced conversions. These attacks frequently targeted prayer services and led to the widespread shuttering or destruction of churches.

In 2018, the Supreme Court urged the central and state governments to combat lynchings with stricter laws. When, by July 2019, the central government and 10 states had failed to take appropriate action, the Supreme Court again directed them to do so. Rather than comply, Home Minister Shah called existing laws sufficient and denied lynchings had increased, while the Home Ministry instructed the National Crime Records Bureau to omit lynchings from the 2019 crime data report.

During 2019, discriminatory policies, inflammatory rhetoric, and tolerance for violence against minorities at the national, state, and local level increased the climate of fear among non-Hindu communities. After the reporting period, India continued on this negative trajectory. In February 2020, three days of violence erupted in Delhi with mobs attacking Muslim neighborhoods. There were reports of Delhi police, operating under the Home Ministry’s authority, failing to halt attacks and even directly participating in the violence. At least 50 people were killed.

The CAA’s passage in December sparked nationwide protests that police and government-aligned groups met with violence; in Uttar Pradesh (UP), the BJP chief minister Yogi Adityanath pledged “revenge” against anti-CAA protestors and stated they should be fed “bullets not biryani.” Photo: Shakeeb KPA/Maktoob

USCIRF’s recommendations to US Government

  • Designate India as a “country of particular concern,” or CPC, for engaging in and tolerating systematic, ongoing, and egregious religious freedom violations, as defined by the International Religious Freedom Act (IRFA);
  • Impose targeted sanctions on Indian government agencies and officials responsible for severe violations of religious freedom by freezing those individuals’ assets and/ or barring their entry into the United States under human rights-related financial and visa authorities, citing specific religious freedom violations;
  • Strengthen the U.S. Embassy’s and consulates’ engagement with religious communities, local officials, and police, especially in regions impacted by religiously motivated violence; increase U.S. partnerships with Indian law enforcement to build capacity to protect religious minorities, houses of worship, and other holy sites, and confront religious-based hate crimes;
  • Allocate funding to support civil society to create a monitoring and early warning system in partnership with police to challenge hate speech and incitement to violence.
  • The U.S. Congress should continue to hold hearings highlighting religious freedom conditions in India and U.S. policy toward India.

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