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Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health. It prohibits government discrimination based on religion, including for employment, as well as religiously based restrictions on access to public or private establishments. The constitution states that religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property. It prohibits the use of public funds to support any religion. National and state laws make freedom of religion “subject to public order, morality, and health.” The constitution stipulates that the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.

Federal law empowers the government to ban religious organizations that provoke intercommunal tensions, are involved in terrorism or sedition, or violate laws governing foreign contributions.

Ten of the 28 states in the country have laws restricting religious conversion: Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh and Uttarakhand. Chhattisgarh, Madhya Pradesh, Uttarakhand, and Uttar Pradesh prohibit religious conversion by “force,” “allurement,” or “fraudulent means” and require district authorities to be informed of any intended conversions one month in advance. Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions. Odisha requires individuals wishing to convert to another religion and clergy intending to officiate at a conversion ceremony to submit formal notification to the government.

Violators, including missionaries, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if converts are minors, women, or members of Scheduled Castes or Scheduled Tribes. Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes “forced” conversions with up to three years of imprisonment and a fine up to 50,000 rupees ($680). In Himachal Pradesh, penalties include up to two years’ imprisonment, fines of 25,000 rupees ($340), or both. Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may include prison sentences.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near places of worship. Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($68).

The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and their members. The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both. If the offense is committed at a place of worship, imprisonment may be for up to five years.

There are no requirements for registration of religious groups unless they receive foreign funding, in which case they must register under the FCRA. Federal law requires religious organizations registered under the FCRA to maintain audit reports on their accounts and a schedule of their activities and to provide these to state government officials upon request.

Organizations conducting “cultural, economic, educational, religious, or social programs” that receive foreign funding are required to obtain a license under the FCRA. The federal government may also require that licensed organizations obtain prior permission before accepting or transferring foreign funds. The central government may reject a license application or a request to transfer funds if it judges the recipient to be acting against “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

Legislation passed in September reduces the amount of funding that NGOs, including religious organizations, may use for administrative purposes from 50 to 20 percent and prohibits NGOs from transferring foreign funds to third parties.

The constitution states that any legal reference to Hindus is to be construed to include followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act. Subsequent legislation continues to use the word Hindu as a category that includes Sikhs, Buddhists, Baha’is, and Jains, but it identifies the groups as separate religions whose followers are included under the legislation.

Federal law provides official minority-community status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may grant minority status under state law to religious groups that are minorities in a particular region. Members of recognized minority groups are eligible for government assistance programs. The constitution states that the government is responsible for protecting religious minorities and enabling them to preserve their culture and religious interests.

Personal status laws establish civil codes for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture. Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable. Personal status issues that are not defined for a community in a separate law are covered under Hindu personal status laws. These laws, however, do not supersede national and state legislation or constitutional provisions. The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define their customary practices. If law boards or community leaders are not able to resolve disputes, cases are referred to the civil courts.

Interfaith couples and all couples marrying in a civil ceremony are generally required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment, although this requirement varies across states. Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages but does not include divorce provisions for Sikhs. Other Sikh personal status matters fall under Hindu codes. Under the law, any person, irrespective of religion, may seek a divorce in civil court.

The constitution prohibits religious instruction in government schools; the law permits private religious schools. The law permits some Muslim, Christian, Sindhi (Hindu refugees), Parsi, and Sikh educational institutions that receive government support to set quotas for students belonging to the religious minority in question. For example, Aligarh Muslim University must admit at least 50 percent Muslims. St. Stephen’s College in Delhi and St. Xavier’s in Mumbai must admit at least 50 percent Christians.

Twenty-four of the 28 states apply partial to full restrictions on bovine slaughter. Penalties vary among states and may vary based on whether the animal is a cow, calf, bull, or ox. The ban mostly affects Muslims and members of Scheduled Castes and Scheduled Tribes that traditionally consume beef. In the majority of the states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14-$140). Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years. Gujarat state law mandates a minimum 10-year sentence (the punishment for some counts of manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.

One state, Madhya Pradesh, sets fines of 25,000 to 50,000 rupees ($340 to $680) and prison sentences of six months to three years for “cow vigilantism,” i.e., committing violence in the name of protecting cows. This is the first law of its kind in the country.

The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination. The Ministry of Minority Affairs may also conduct investigations. These agencies have no enforcement powers but conduct investigations based on written complaints of criminal or civil violations and submit findings to law enforcement agencies. Eighteen of the country’s 28 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution establishes the legal basis for preferential public benefit programs for Scheduled Caste or Scheduled Tribe communities and members of the “Other Backward Classes,” a category for groups deemed to be socially and educationally disadvantaged. The constitution specifies only Hindus, Sikhs, or Buddhists are eligible to be deemed members of a Scheduled Caste. As a result, Christians and Muslims qualify for benefits if deemed to be members of “backward” classes due to their social and economic status.

The government requires foreign missionaries to obtain a missionary visa.

The country is a party to the International Covenant on Civil and Political Rights.

In February, continued protests and counterprotests related to the CAA devolved into rioting between members of Hindu and Muslim communities in East Delhi, during which 53 people were killed and nearly 400 injured. Two security officials were also killed. The police arrested 1,829 persons in connection with the riots. In its report covering 2020, the NGO Human Rights Watch (HRW) stated that while a police officer and some Hindus were also killed in the rioting, the majority of victims were Muslim. The HRW report also said, “Witness accounts and video evidence showed police complicity in the violence.” In one example reported by The Guardian, Mufti Mohammad Tahir was forcibly removed by police from a mosque near Mustafabad and handed over to a crowd, which beat him unconscious and set fire to the mosque.

Among those arrested in the protests were activist and former Jawaharlal Nehru University student Umar Khalid and Jamia Milia Islamia student and activist Safoora Zargar, both Muslims. The Delhi High Court released Zargar on bail in June for health considerations. On October 22, Khalid told a Delhi court that he was being kept in solitary confinement, which had taken a toll on his “mental and physical health.”

Human rights activists and NGOs said that members of the governing BJP and the Rashtriya Swayamsevak Sangh (RSS) Hindu nationalist organization made inflammatory public remarks about anti-CAA protesters but were not charged by police. HRW said that the violence in Delhi broke out soon after a local BJP politician, Kapil Mishra, demanded that the police clear the roads of protesters. In another example, in a widely viewed video posted online on January 3, Somashekhara Reddy, a state-level BJP member of the Karnataka Legislative Assembly, threatened Muslims protesting the CAA. He said, “We are 80 percent and you [the CAA protesters] are just 17 percent. Imagine what will happen to you if we turn against you.”

On April 9, the Delhi Minorities Commission (DMC) demanded the police take action in response to attacks against Muslims in New Delhi during the CAA protests. The DMC requested a report from the commissioner and unspecified “proper action” from the police over “random arrests” of Muslims in connection with the CAA riots in February. The DMC also asked police to file formal charges against perpetrators for an alleged attack on a mosque in Delhi on April 8. A July report by the DMC said the violence in Delhi was “planned and targeted,” and it found that police were filing cases against Muslims for acts of violence but were not acting against Hindu leaders accused of inciting violence, including municipal-level BJP politicians.

Muslim academics, human rights activists, former police officers, and journalists alleged anti-Muslim bias in the investigation into the riots by Delhi police. The Delhi police commissioner stated that the investigation was being carried out without regard to religion and party affiliation and noted that arrests included almost equal numbers of Muslims and Hindus.

Parliament passed the CAA in December 2019 to provide an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Afghanistan, and Bangladesh who had entered the country on or before December 31, 2014. Similarly situated Muslims, Jews, atheists, and members of other faiths from these three countries were excluded from the CAA. As of late 2020, the government had not yet enacted rules to implement the CAA. Domestic and international media, NGOs, religious groups, intellectuals, and some political parties criticized the exclusion of Muslims from the legislation, sparking widespread protests. Activists, NGOs, and political parties filed petitions against the CAA on the grounds that it added a religious qualification to the country’s historically secular citizenship laws. None of the more than 100 legal challenges had been heard by the Supreme Court as of the year’s end. Commentators, members of some political parties, and activists said the CAA was part of an effort to marginalize Muslim communities throughout the country. They also questioned delays in hearing legal challenges to the legislation. The government stated the legislation facilitated naturalization for refugees from religious minorities who had fled neighboring countries due to religious persecution and that Muslims could also apply for citizenship through other mechanisms.

According to AsiaNews, two Christians died in June after being beaten while in police custody for violating COVID-19 pandemic curfews in Thoothukudi District, Tamil Nadu. The victims were a man and his son, who were detained for keeping their shop open beyond restricted hours on June 19. Cardinal Oswald Gracias, president of the Indian Catholic Bishops’ Conference, said to the media, “Such violence from those who should defend citizens is unacceptable. Justice must run its course and punish the guilty.” The All India Catholic Union also called for intervention by the authorities. The NGO International Christian Concern (ICC) reported that four police officers were suspended after the state government opened an investigation. HRW stated that the CBI, which was asked to investigate the deaths following nationwide outrage, charged nine police officers with murder and destruction of evidence in the case.

In September, the Jharkhand Health Ministry ordered administrative action against two doctors who had allegedly declined to provide adequate medical care to Tabrez Ansari, a Muslim who was assaulted by a mob in Jharkhand in 2019 and subsequently died. In August, Ansari’s wife met with Chief Minister of Jharkhand Hemant Soren and requested an expedited trial and enhanced compensation. Some NGOs and media outlets continued to report that lawmakers sometimes denied or ignored incidents of mob violence, lynching, and communal violence. HRW reported that since May 2015, 50 persons had been killed and more than 250 injured in mob attacks, including instances when Muslims were beaten and forced to chant Hindu slogans. HRW reported that in some cases, police failed to investigate these attacks, instead filing criminal cases against witnesses to intimidate them.

Some Hindu community leaders accused Christian community leaders of forcibly converting individuals to Christianity and called for additional anticonversion legislation. According to the ICC, in June, Chief Minister of Haryana State Manohar Lal Khattar announced his intention to add an anticonversion law to the state’s legal code. Such a law had not been passed by year’s end. On August 11, Hindu nationalists attacked four Christian women at a prayer service in Faridabad District of Haryana.

On November 25, Uttar Pradesh State approved a law which would impose penalties of up to 10 years in prison for “unlawful religious conversions” and “interfaith marriages with the sole intention of changing a girl’s religion.” The governor signed the law into effect on November 28, and authorities made their first arrest under the new law on December 2, according to Indian media sources. The suspect, Owais Ahmad, was accused of pressuring a Hindu woman married to another man to leave him, convert to Islam, and marry Ahmad. His case was pending at year’s end. The Uttar Pradesh government had proposed the law after 14 cases were reported in Kanpur of Muslim men concealing their religious identity, allegedly to lure Hindu girls into romantic relationships, marry them, and force them to convert to Islam, a practice commonly referred to as “love jihad” (a derogatory term). In September, Kanpur police established a special team to investigate these cases after 11 instances of forced conversion on the pretext of marriage were reported in one month.

On December 26, Madhya Pradesh State implemented the Madhya Pradesh Freedom of Religion ordinance, replacing the 1968 Freedom of Religion Act. The ordinance requires prior permission from a district official to convert to the spouse’s faith in case of interfaith marriage, with a prison term of up to 10 years for violators. Some NGOs criticized the law for targeting Muslim men wishing to marry or enter into relationships with non-Muslim women. The Chief Minister of Rajasthan State, Ashok Gehlot (Congress Party), said the law was “manufactured by the BJP to divide the nation on communal lines.” BJP politicians, including in states where the law had not been proposed, stated that the legislation was necessary to protect Hindu and Christian women from forced religious conversion.

On March 13, the Delhi High Court rejected a petition by local BJP politician Ashwini Kumar Upadhyay to enact a law in that state to regulate and prevent religious conversions by force or deceit, similar to the anticonversion laws enacted in other states. The court stated that religion is a personal belief and to convert to a different faith was an individual’s choice.

On March 8, according to media reports, police detained a pastor and a group of volunteers from his church for distributing food and medicine to slum residents in Villupuram District, Tamil Nadu. A local Hindu filed a complaint that the church group was proselytizing. The minister and volunteers denied the allegation and said they had been slapped and harassed while in custody at the Marakkanam police station. Police released them with a warning.

According to ADF India, on February 18, a district court in Ratlam acquitted eight Christians who had been accused in 2017 of conspiring to kidnap 60 children and covert them to Christianity in Maharashtra State.

On March 15, a group of Hindus attacked a church service in Pratapgarh, Uttar Pradesh, with hockey sticks and steel rods without intervention from police who were present, according to Pastor Indresh Kumar Gautam. Gautam told media that the Hindus accused the worshippers of increasing Christian conversions in the area. Instead of stopping the attack, police took the pastor, three Christian worshippers, and a non-Christian into custody, Gautam said. The pastor said the non-Christian was released immediately. The other four were held for six hours and released on bail after signing affidavits stating they would not be involved in further Christian conversion activities in the area. Gautam also said that a police officer beat him.

The NGOs ICC and ADF India stated that authorities pursued charges against Christians in several states, most frequently Uttar Pradesh, under religious conversion laws or laws prohibiting “insults” to religion or religious belief, including Section 259A of the national penal code. In September, the ICC reported that eight persons were arrested and several house churches closed in Lakhimpur Khere District. Those arrested were charged under Section 259A and were subsequently released on bail.

On June 6, more than 200 Muslim residents of Taprana village in Shamli town, Muzzafarnagar District, Uttar Pradesh, said they were leaving their homes because of intimidation by state police officials. Villagers told media that a police raid on May 26 prompted them to move. They said police ransacked and looted homes during the raid and arrested a Muslim resident who had returned to the village before his six-month ban for cow slaughter had ended. One witness said this was the fourth such raid in two months.

On September 30, a special CBI court acquitted all 32 persons, including former senior BJP politicians L.K. Advani and Murli Manohar Joshi, charged in the 1992 destruction of the Babri Mosque by Hindu activists in Ayodhya, Uttar Pradesh, which sparked violence that led to an estimated 2,000 deaths, mostly of local Muslim residents. The court ruled that the destruction of the mosque had not been a “preplanned act” and that there was no evidence of a conspiracy to carry it out. Some Muslim organizations pledged to appeal the ruling, and some political analysts noted that the judgment was likely to fuel feelings of discontent and marginalization among the country’s Muslim minority, while others disagreed with the ruling but welcomed a resolution to the divisive case after several decades. NGOs and opposition politicians said the outcome was inconsistent with the Supreme Court’s prior findings and expressed frustration that the court’s judgment meant an absence of accountability for the mosque’s destruction.

In November 2019, the Supreme Court awarded the site where the Babri Mosque had stood to a trust for the purpose of constructing a Hindu temple there and provided five acres of land in the city for the construction of a new mosque. On August 5, Prime Minister Narendra Modi attended the inauguration ceremony for construction of the temple. Some opposition politicians and members of civil society expressed opposition to the Prime Minister’s attending a religious ceremony in an official capacity.

On July 9, a temple and two mosques located on the premises of a Telangana State office complex were damaged during the construction of a new office complex, prompting Hindu and Muslim organizations and political parties to call for reconstruction of the structures. State Chief Minister Chandrashekar Rao said the damage was accidental, expressed regret for the incident, and said the state would construct a new temple and mosques as part of the new complex. In response to a demand from the Christian community, the Chief Minister announced on September 5 that a church would also be built in the new complex.

In October, the Supreme Court accepted the government’s plan to rebuild a smaller temple on the former site of the Guru Ravidas Hindu temple, which had been demolished in August 2019 as part of a government drive against illegal properties. Hindu Dalit groups had protested the demolition and demanded the temple’s reconstruction.

The government and media initially attributed early cases of COVID-19 in the country to a conference held in New Delhi in March by the Islamic Tablighi Jamaat organization after media reported that six conference attendees – including some who had travelled from abroad – had tested positive for the virus after gathering at a large event in contravention of social distancing provisions. The Ministry of Home Affairs initially claimed a majority of the country’s COVID-19 cases were linked to the event. Some studies indicated the event had resulted in an initial spread of COVID-19. A BJP member of the state legislative assembly in Karnataka said the Tablighi Jamaat conference attendees were spreading COVID-19 “like terrorism.” A senior state-level BJP leader in Maharashtra State called the Muslims who attended the conference “human bombs.” Politicians and some media labeled this “Corona Jihad,” which some NGOs said reflected increasing anti-Muslim sentiment.

At a press briefing on April 4, Ministry of Home Affairs Secretary Punya Salila Srivastava said that law enforcement agencies “through a massive effort, had located and placed around 22,000 Tablighi Jamaat workers and their contacts in quarantine.” Most of those quarantined were Muslim. In July, authorities charged conference participants from 34 countries, most of whom were Muslim, for violation of visa conditions and “malicious spreading of COVID-19.” Of 956 Tablighi Jamaat members and foreign nationals detained in Delhi, 249 were granted bail and an additional 132 were released in July. In Uttar Pradesh State, 512 Tablighi Jamaat members were released in June following court orders.

In an online address to the nation on April 26, Mohan Bhagwat, the leader of the RSS, called on Indians not to discriminate against anyone in the fight against COVID-19. In a reference to the March Tablighi Jamaat conference, he asked people not to target members of a “particular community” (i.e., Muslims) “just because of the actions of a few.” Prime Minister Modi tweeted on April 19, “COVID-19 does not see race, religion, color, caste, creed, language or borders before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood.”

On April 3, the Gujarat High Court directed national and Gujarat State officials to submit a list of citizens and foreign nationals who participated in the Tablighi Jamaaat conference and later entered Gujarat. On August 21, the Aurangabad bench of the Mumbai High Court annulled complaints against 29 foreign nationals alleged to have violated their visas by visiting Maharashtra State (where Mumbai is located) after attending the conference. The judges said that authorities had identified and charged the foreigners in order to make them scapegoats. On September 21, during a Gujarat State legislature meeting, Deputy Chief Minister Nitin Patel and other BJP lawmakers in Gujarat said that Tablighi Jamaat members were responsible for the initial spread of COVID-19 in that state.

On September 24, the Nagpur Bench of the Mumbai High Court dismissed a case against eight Burmese Muslims who were charged with engaging in religious activities that contributed to the spread of COVID-19 in Maharashtra State. The eight had visited a mosque in Nagpur just before pandemic restrictions were imposed in March.

On June 17, the Telangana State High Court questioned Hyderabad police on why cases were registered against “a disproportionate number of Muslims” on the charge of violating COVID-19 lockdown restrictions. The court asked the state police chief to submit evidence of action taken against police officials who used excess force on the alleged violators of the lockdown. Police denied that they were targeting Muslims and said their internal investigation showed that all had suffered their injuries “accidentally.”

The NGO Shia Rights Watch said that during the month of Muharram (August 20 to September 17), authorities had restricted Shia processions in areas of Jammu and Kashmir, blocking roads, arresting 200 persons, and injuring 40. Authorities said the processions were in violation of the COVID-19 lockdown orders.

On March 27, police in Kandhamal District of Odisha arrested a pastor and an official of a church on a charge of violating lockdown restrictions and conducting prayers with approximately 60 attendees. The pastor said he was leading the prayer service because it was “the only weapon” against the virus. The two were later released on bail.

On March 29, police in Hyderabad detained a pastor for organizing worship in a church during a COVID-19 lockdown. He was charged with disobeying an order from a public servant and conducting an act likely to spread an infectious disease dangerous to life. The pastor was released on bail; his case remained under investigation at year’s end.

On April 5, police in the Godavari District of Andhra Pradesh dispersed a Sunday church gathering of 150 persons and arrested Pastor N. Vijay Ratnam on a charge of violating lockdown guidelines. On April 8, police in Hyderabad arrested 10 Muslims, including two imams, for violating lockdown restrictions and offering prayers in a mosque. Ratnam and the imams were released on bail; their cases were under routine investigation at year’s end.

On November 5, a National Investigative Agency (NIA) court in Mumbai extended the detention of Stan Swamy, a Jesuit priest and 84-year-old social activist, on sedition charges in connection with a violent demonstration that resulted in several deaths. NIA officers arrested him on October 8 at his residence on the outskirts of Ranchi, Jharkhand, and his communication with others during detention was strictly regulated. Swamy remained in jail at year’s end.

On July 28, according to media reports, the BJP-controlled Karnataka State government removed some lessons on Christianity and Islam from middle school social science textbooks, stating that the move was intended to shorten the curriculum while school sessions were limited due to pandemic restrictions. After strong reaction from the state’s opposition parties, the state government agreed to review the decision. As of the end of the year, the review was pending.

On October 19, the Allahabad High Court in Uttar Pradesh ruled that the state’s Prevention of Cow Slaughter Act “was being misused against innocent persons” and granted bail to a Muslim arrested under the act. Uttar Pradesh police had filed charges in 1,716 cases of cow slaughter and made more than 4,000 arrests under the Prevention of Cow Slaughter Act as of August. According to Uttar Pradesh State government data, the National Security Act (NSA) was also used in some cow slaughter cases; observers said this was to make the charges more serious. Persons detained under the NSA may be held up to 12 months without formal charges.

On March 9, the Gujarat High Court overruled a lower court’s order and allowed two Hindus to sell their property to a Muslim under the terms of the Gujarat Disturbed Areas Act, which mandates that property buyers and sellers of different religions receive prior permission for transactions in specified neighborhoods. The State of Gujarat has the only such law in the country. The court decision was significant, according to the Gujarat Minority Coordination Committee, which monitors human rights in the area, because the Gujarat law in practice often restricted Muslims to buying and selling property in low-income areas.

On August 30, a Hindu man in Gujarat filed a complaint with police objecting to his Parsi neighbor’s selling land to a Muslim and alleging the buyer concealed his religion and forged documents to evade provisions of the Gujarat Disturbed Areas Act. The complaint remained under police investigation at year’s end.

In July, Minister for Minority Affairs Mukhtar Abbas Naqvi stated that cases of triple talaq (the practice by which a Muslim man may immediately divorce his wife by saying the Arabic word talaq three times) had declined by 82 percent since the government passed a bill in 2019 criminalizing the practice. He said the law had nothing to do with religion and had been passed to ensure gender equality by ending an “inhuman, cruel, and unconstitutional practice.”

In February, Chief Justice Sharad Arvind Bobde referred to a seven-judge panel for action a 2016 challenge to a Supreme Court ruling that recognized the minority status of Islamic educational institutions, including Aligarh Muslim University, and their independence in hiring and curriculum decisions. The panel had not ruled on the petition by the end of the year.

On September 15, Uttar Pradesh Chief Minister Adityanath announced that a new museum in Agra would be renamed after the Hindu warrior-king Chhatrapati Shivaji Maharaj instead of in honor of the nation’s historic Muslim Mughal rulers, as had been announced by the previous government in Uttar Pradesh. Adityanath said that the Muslim rulers “cannot be our heroes.”

In September, the national parliament amended the FCRA to prohibit NGOs registered under the act from using more than 20 percent of the foreign funding they receive for administrative expenses. Previously, this limit was 50 percent. The amendment also prohibited FCRA-registered NGOs from transferring their foreign funding to a third party. Opposition parties and NGOs, including faith-based organizations, criticized the amendment and said it was an attempt to muzzle civil society voices. According to HRW, the amendments “added onerous governmental oversight, additional regulations and certification processes, and operational requirements, which would adversely affect civil society groups, and effectively restrict access to foreign funding for small nongovernmental organizations.” The government defended the amendment, stating it strengthened the regulatory mechanism that governs use of foreign funding by NGOs in the country and that NGOs were required to comply with relevant laws.

On February 5, the Ministry of Home Affairs suspended the FCRA licenses of Ecreosoculis North Western Gossner Evangelical in Jharkhand, the Evangelical Churches Association (ECA) in Manipur, the Northern Evangelical Lutheran Church in Jharkhand, and the New Life Fellowship Association Mumbai, preventing the organizations from receiving funds from outside of the country. The ministry said these organizations were engaged in proselytizing, which is a violation for organizations registered under the FCRA.

On September 29, Amnesty International India announced that it was ceasing operations in the country after the government froze its bank accounts in response to an FCRA investigation. The NGO said the government had accused it of violating foreign funding laws in reprisal for its human rights advocacy. In 2018 and 2019, the NGO had documented what were described as numerous hate crime incidents against Christians and Muslims in the country.

On September 15, in response to a petition filed by Jamia Milia Islamia, the Supreme Court suspended broadcasts of a news serial program, Bindas Bol, on the grounds that it was prejudiced against the notion of Muslims joining the Indian civil services and that it “vilified” the Muslim community. The court upheld the suspension in subsequent hearings.

Former Jammu and Kashmir Chief Minister Farooq Abdullah told the media in September that as a result of the central government’s ending the special constitutional status of the territory in 2019 and assuming responsibility for government personnel decisions, an unknown number of Muslim civil servants had been removed from their positions in the territory and replaced by Hindus.

In November, Karnataka member of the legislative council Shantaram Siddi said that members of his Siddi minority group, who are descended from African slaves in Goa, should not be considered members of the Scheduled Tribes, and thus eligible for government benefits, if they converted from Hinduism to Islam or Christianity. He stated that those who converted and received benefits were putting Hindu Siddis at a disadvantage.

Organizations representing members of Dalit communities continued to challenge at the Supreme Court the practice of denying members of lower castes eligibility for educational and job placement programs for those who convert from Hinduism to another religion.


Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares the country to be a secular state but defines secularism as “protection of the age-old religion and culture and religious and cultural freedom.” The constitution stipulates every person has the right to profess, practice, and protect his or her religion. While exercising this right, the constitution bans individuals from engaging in any acts “contrary to public health, decency, and morality” or that “disturb the public law and order situation.” It also prohibits converting “another person from one religion to another or any act or conduct that may jeopardize other’s religion,” and states that violations are punishable by law.

The criminal code sets five years’ imprisonment as the punishment for converting, or encouraging the conversion of, another person via coercion or inducement (which officials commonly refer to as “forced conversion”) or for engaging in any act, including the propagating of religion, that undermines the religion, faith, or belief of any caste or ethnic group. It stipulates a fine of up to 50,000 Nepali rupees ($430) and subjects foreign nationals convicted of these crimes to deportation. The criminal code also imposes punishments of up to two years’ imprisonment and a fine of up to 20,000 rupees ($170) for “harming the religious sentiment” of any caste, ethnic community, or class, either in speech or in writing.

The law does not provide for registration or official recognition of religious organizations as religious institutions, except for Buddhist monasteries. It is not mandatory for Buddhist monasteries to register with the government, although doing so is a prerequisite for receiving government funding for maintenance of facilities, skills training for monks, and study tours. A monastery development committee under the Ministry of Culture, Tourism, and Civil Aviation oversees the registration process. Requirements for registration include providing a recommendation from a local government body, information on the members of the monastery’s management committee, a land ownership certificate, and photographs of the premises.

Except for Buddhist monasteries, all religious groups must register as NGOs or nonprofit organizations to own land or other property, operate legally as institutions, or gain eligibility for public service-related government grants and partnerships. Religious organizations follow the same registration process as other NGOs and nonprofit organizations, including preparing a constitution and furnishing information on the organization’s objectives as well as details on its executive committee members. To renew the registration, which must be completed annually, organizations must submit annual financial audits and activity progress reports.

The law prohibits the killing or harming of cattle. Violators are subject to a maximum sentence of three years in prison for killing cattle and six months’ imprisonment and a fine of up to 50,000 rupees ($430) for harming cattle.

The law requires the government to provide protection for religious groups carrying out funeral rites in the exercise of their constitutional right to practice their religion, but it also states the government is not obligated to provide land grants for this purpose. There is no law specifically addressing the funeral practices of religious groups.

The constitution establishes the government’s authority to “make laws to operate and protect a religious place or religious trust and to manage trust property and regulate land management.”

The law does not require religiously affiliated schools to register, but Hindu, Buddhist, and Islamic religious schools must register as religious educational institutions with local district education offices (under the Ministry of Education, Science, and Technology) and supply information about their funding sources to receive funding at the same levels as nonreligious public/community schools. Religious public/community schools follow the same registration procedure as nonreligious public/community schools. Catholic and Protestant groups must register as NGOs to operate private schools. The law does not allow Christian schools to register as public/community schools, and they are not eligible for government funding. Hindu, Buddhist, and Muslim groups may also register as NGOs to operate private schools, but they too are not eligible to receive government funding.

The law criminalizes acts of caste-based discrimination in places of worship. Penalties for violations are three months’ to three years’ imprisonment and a fine of 50,000 to 200,000 rupees ($430 to $1,700).

The country is a party to the International Covenant on Civil and Political Rights.

According to members of civil society groups, on August 27, one man was killed by police in Jhapa during a confrontation between police and the Muslim community after two persons were arrested for slaughtering cows.

Police clashed with approximately 1,000 protestors on September 3 when they gathered in Lalitpur District to celebrate the Buddhist festival of Rato Machindranath in contravention of the government’s COVID-19 restrictions against festivals, large gatherings, or any nonessential activities. According to media reports, the crowd began to throw rocks and debris and to fire slingshots when police tried to stop them from pulling a five-story high ceremonial chariot through the streets. Approximately 650 Nepal Police and Armed Police Force officers responded with water cannons and tear gas and arrested nine protestors. The two sides clashed for four hours until community leaders and the Lalitpur Chief District Officer agreed on a compromise. District authorities imposed a day-long curfew enforced by armed police on September 5, the first unrest-related curfew in the Kathmandu Valley since November 2009.

On March 23, according to media reports and religious groups, police in Pokhara arrested Christian preacher Keshav Raj Acharya for spreading misinformation about COVID-19. A February 21 YouTube video showed Acharya praying to “damn” the virus and stating that those who follow Christ would not become infected. The Kaski District Administration Office released Acharya with a 5,000-rupee ($43) fine for the COVID-19 related charges, but police kept him in jail and subsequently charged him with religious conversion and offending religious sensibilities. On April 19, the administration office set bail for these charges at 500,000 rupees ($4,300). On May 13, when Acharya was released on bail, he was immediately rearrested at the courthouse and transferred 400 miles to Dolpa District to face additional charges of religious conversion. On June 30, Acharya was released on 300,000 rupees bail ($2,600). Multiple religious groups stated that local police prejudice continued to factor heavily in the selective enforcement of the vague criminal code provision against “forced conversion.” In a July 18 letter to Nepal’s Attorney General, the International Religious Freedom Roundtable described Acharya’s arrest as “arbitrary” and “discriminatory” and called for charges against him to be dropped.

According to media reports, police arrested two pastors on March 28, charging them with holding worship services in violation of COVID-19 restrictions. In the first case, Pastor Mohan Gurung was arrested in the Surkhet District of Karnali Province while he was talking with family members and assistant pastors who lived on church property with him. Gurung said “police jumped over the church gate, barged inside the premises, and accused [him] of holding a worship service” while he “was having family time, chatting, and studying the Bible.” In the second case, Pastor Prem Bahadur Bishwakarma was arrested in his church building, also in Surkhet District, while telling members of his congregation not to gather because of pandemic restrictions and showing them pictures depicting COVID-19 health precautions. Bahadur told the media that police officers using lathis (clubs) “charged at us” before arresting him. The two pastors were charged with violating the lockdown, disturbing the peace, and putting public health at risk. Both were released on bail on March 29.

According to a Christian news portal, in February, the government deported two Japanese and three Taiwanese individuals for spreading Christianity on tourist visas. The local NGO INSEC (Informal Sector Service Center) stated that four Japanese and two Taiwanese were transferred to the Department of Immigration in Kathmandu in late February, but it could not confirm their deportations.

According to civil society sources, during the year police arrested seven Jehovah’s Witnesses on two separate occasions in Pokhara for proselytizing. Two were U.S. citizens and five were Nepali citizens. The Nepali citizens were arrested on February 1 and released February 27 on 200,000 rupees ($1,700) bail per person. The U.S. citizens were arrested on March 17 and charged with religious conversion while they were visiting the house of friends, who were also Jehovah’s Witnesses. They were detained in police custody pending investigation for 11 days. On March 27, police released them due to COVID-19 protocols on 230,000 rupees ($2,000) bail each. On April 24, police recalled them and detained them until April 26, when the district court released them on an additional 200,000 rupees ($1,700) bail each, pending trial. The original 230,000 rupee bail was refunded to the U.S. citizens after they paid the second bail. As of the end of the year, their case was pending in Kaski District Court.

According to the Society for Humanism Nepal, 35 individuals were arrested for cow slaughter in nine separate incidents through October. These arrests took place in eight different districts throughout the country.

The government continued deepened restrictions on Tibetans’ ability to publicly celebrate the Dalai Lama’s birthday on July 6, stating the religious celebrations represented “anti-China” activities. Although authorities allowed small private celebrations of the Dalai Lama’s birthday in July, security personnel around these events outnumbered the Tibetan attendees. Similarly, Tibetans could only conduct other ceremonies with cultural and religious significance in private, such as Losar, the Tibetan New Year, and World Peace Day, which commemorates the Dalai Lama receiving the Nobel Peace Prize.

Tibetan leaders urged Tibetans to respect government-imposed restrictions on public gatherings to combat the spread of COVID-19 by celebrating days of religious significance in private. Tibetan leaders organized small “official” commemorations of these occasions, which were subjected to heightened scrutiny from security personnel despite compliance with government-imposed COVID-19 restrictions. Civil society organizations said this scrutiny was the result of the government’s policy to treat all religious programs associated with the Dalai Lama as constituting “anti-China activities.”

Abbots of Buddhist monasteries reported that monasteries and their related social welfare projects generally continued to operate without government interference, but they and other monks said police surveillance and questioning increased significantly during the year. Police continued to gather information from a 2019 circular sent to Tibetan institutes about Tibetan refugees studying in monasteries and nunneries. Tibetan Buddhist business owners also reported what they termed unwarranted police questioning about religious and social affiliations in their businesses and homes.

Human rights lawyers and leaders of religious minorities continued to express concern that the constitution’s and criminal code’s conversion bans could make religious minorities subject to legal prosecution for actions carried out in the normal course of their religious practices, and also vulnerable to prosecution for preaching, public displays of faith, and distribution of religious materials in contravention of constitutional assurances of freedom of speech and expression.

Human rights experts continued to express concern that a provision in the criminal code prohibiting speech or writing harmful to others’ religious sentiments could be misused to settle personal scores or target religious minorities arbitrarily. According to numerous civil society and international community legal experts, some provisions in the law restricting conversion could be invoked against a wide range of expressions of religion or belief, including the charitable activities of religious groups or merely speaking about one’s faith. Media and academic analysts continued to state that discussions on prohibiting conversion had entered into religious spheres in the country and that those seeking political advantage manipulated the issue, prompting religious groups to restrict some activities.

According to legal experts and leaders of religious minority groups, the constitutional language on protecting the “age-old religion” and the prohibition on conversion was intended by the drafters to mandate the protection of Hinduism. Christian religious leaders continued to state that the emphasis of politicians in the RPP on re-establishing the country as a Hindu state continued to negatively affect public perception of Christians and Christianity. The RPP currently holds one seat in Parliament and civil society sources stated that it uses anti-Christian sentiment to garner populist support. (The country was a Hindu monarchy until 2007, when the interim constitution established a secular democracy.)

Leaders of the RPP outside of Parliament continued their calls for the reestablishment of Hindu statehood and advocated strong legal action against those accused of killing cows. Kamal Thapa, chairman of the RPP, tweeted praise for the Prime Minister’s efforts to control conversion, criticized the government for not doing more, and likened conversion to an epidemic. Civil society leaders said pressure from India’s ruling party, the Bharatiya Janata Party (BJP), and other Hindu groups in India continued to push politicians in Nepal, particularly from the RPP, to support reversion to a Hindu state.

Civil society leaders said what they characterized as right-wing religious groups associated with the BJP in India continued to provide money to influential politicians of all parties to advocate for Hindu statehood. According to NGOs and Christian leaders, small numbers of Hindutva (Hindu nationalist) supporters were endeavoring to create an unfriendly environment for Christians on social media and occasionally at small political rallies and encouraging “upper-caste” Hindus to enforce caste-based discrimination.

Religious leaders said the requirement for NGOs to register annually with local government authorities placed their organizations at political risk, and one source reported their religious group was denied reregistration. Christian leaders expressed fears that changing obligations could potentially limit the establishment of churches, which must be registered as NGOs.

As in recent years, the government did not recognize Christmas as a public holiday. The government, however, allowed Christians and Muslims time off from work to celebrate major holidays such as Christmas and Eid al-Adha, and continued to recognize Buddha’s birthday as public holiday.

Christian leaders said the government-funded Pashupati Area Development Trust continued to prevent Christian burials in a common cemetery behind the Pashupati Hindu Temple in Kathmandu while allowing burials of individuals from other non-Hindu indigenous faiths. According to Christian leaders, the government continued its inconsistent enforcement of a court ruling requiring protection of congregations carrying out burials. Protestant churches continued to report difficulties gaining access to land they bought several years prior for burials in the Kathmandu Valley under the names of individual church members. According to the churches, local communities continued to oppose burial by groups perceived to be outsiders but were more open to burials conducted by Christian members of their own communities. As a result, they reported, some Protestants in the Kathmandu Valley continued to travel to the countryside to conduct burials in unpopulated areas.

Catholic leaders reported that despite their general preference for burials, almost all Catholic parishioners continued to choose cremation due to past difficulties with burials. Many Christian communities outside the Kathmandu Valley said they continued to be able to buy land for cemeteries, conduct burials in public forests, or use land belonging to indigenous communities for burials. They also said they continued to be able to use public land for this purpose.

Muslim groups stated Muslim individuals in the Kathmandu Valley continued to be able to buy land for cemeteries but said they sometimes faced opposition from local communities.

According to Hindu, Buddhist, and Muslim groups, the government continued to permit them to establish and operate their own community schools. The government provided the same level of funding for both registered religious schools and public schools, but private Christian schools were not legally able to register as community schools. Although religious education is not part of the curriculum in public schools, some public schools displayed a statue of Saraswati, the Hindu goddess of learning, on their grounds.

According to the Center for Education and Human Resource Development (previously the Department of Education), which is under the Ministry of Education, Science, and Technology, the number of gumbas (Buddhist centers of learning) registered rose from 111 in 2019 to 114. The department had 104 gurukhuls (Hindu centers of learning) registered during the year, up one from 2019.

According to the Center for Education and Human Resource Development, 911 madrassahs were registered with district education offices, representing an increase of four from the previous year. Some Muslim leaders stated that as many as 2,500 to 3,000 full-time madrassahs continued to be unregistered. They again expressed apprehension that some unregistered madrassahs were promoting the spread of less tolerant interpretations of Islam. According to religious leaders, many madrassahs, as well as full-time Buddhist and Hindu schools, continued to operate as unregistered entities because school operators hoped to avoid government auditing and having to use the Center for Education and Human Resource Development’s established curriculum. They said some school operators also wished to avoid the registration process, which they characterized as cumbersome.

Many foreign Christian organizations had direct ties to local churches and continued to sponsor clergy for religious training abroad.

Sri Lanka

Section II. Status of Government Respect for Religious Freedom

Legal Framework

According to the constitution, every person is “entitled to freedom of thought, conscience, and religion,” including the freedom to choose a religion. The constitution gives citizens the right to manifest their religion or belief in worship, observance, practice, or teaching, both in public and in private. The constitution accords Buddhism the “foremost place” among the country’s religious faiths and requires the government to protect it, although it does not recognize it as the state religion. According to a 2003 Supreme Court ruling, the state is constitutionally required to protect only Buddhism, and other religions do not have the same right to state protection. The same ruling also holds that no fundamental right to proselytize exists or is protected under the constitution. In 2017, the Supreme Court determined the right to propagate one’s religion is not protected by the constitution.

The law recognizes four religions: Buddhism, Islam, Hinduism, and Christianity. There is no registration requirement for central religious bodies of these four groups. New religious groups, including groups affiliated with the four recognized religions, must register with the government to obtain approval to construct new places of worship, sponsor religious worker (missionary) visas/immigration permits, operate schools, and apply for subsidies for religious education. Religious organizations may also seek incorporation by an act of parliament, which requires a simple majority and affords religious groups state recognition.

The government adheres to a 2008 ministerial circular, introduced by the Ministry of Buddha Sasana, Religious, and Cultural Affairs (Ministry of Buddha Sasana), the cabinet ministry responsible for oversight of what the constitution describes as the country’s foremost religion, Theravada Buddhism, requiring all groups, regardless of their religion, to receive permission from the ministry to register and construct new places of worship. A 2017 Supreme Court ruling upholds the registration requirements. In 2018, the Ministry of Buddha Sasana ruled that the 2008 circular on registration and construction of religious facilities only applied to Buddhist religious sites.

Starting in 2020, specific noncabinet departments under the Ministry of Buddha Sasana are responsible for addressing the concerns of each major religious community. The Prime Minister heads this ministry. Previously, individual cabinet ministries handled religious affairs with each of the four recognized religions.

Religion is a compulsory subject at the primary and secondary levels in public and private schools. Parents may elect to have their children study Buddhism, Islam, Hinduism, or Christianity, provided enough demand (at least 15 students) exists within the school for the chosen subject. Students may not opt out of religious instruction even if instruction in their religion of choice is not available, or if they do not choose any religion. All schools teaching the Sri Lankan Ordinary Level syllabus, including private schools founded by religious organizations, must use the Ministry of Education curriculum on religion, which covers the four main religions and is compulsory for the General Certificate Education Ordinary Level exams (equivalent to U.S. grade 10). International schools not following the Sri Lankan Ordinary Level syllabus are not required to teach religious studies.

Matters related to family law, including divorce, child custody, and property inheritance, are adjudicated either under customary law of the ethnic or religious group in question or under the country’s civil law. According to the 1951 Muslim Marriage and Divorce Act, Islamic personal law governs marriages and divorces of Muslims, while civil law applies to most property rights. In the Northern Province, civil law governs marriages, while the Thesawalamai (Tamil customary law) often governs the division of property. For some Sinhalese, Kandyan personal law (based on the traditions of the Sinhalese Kandyan kingdom that proceeded British colonial rule) governs civil matters, such as inheritance issues, and works within the caste system. Civil law governs most marriages of Sinhalese and Tamils of various religions, including mixed marriages or those of individuals who state no religious affiliation. Religious community members report practices vary by region, and numerous exceptions exist.

The Muslim Marriage and Divorce Act of 1951 does not stipulate a minimum age for marriage, permitting Islamic religious court judges to allow children as young as 12 to be married. Written consent from the bride is not required. The religious marriage ceremony and marriage registration do not have to take place concurrently, which can complicate divorce and child support cases.

There is no national law regulating ritual animal sacrifice, but there are laws prohibiting animal cruelty that are used to prevent religious ceremonies involving animal sacrifice.

The country is a party to the International Covenant on Civil and Political Rights (ICCPR). The country’s ICCPR Act, which is designed to incorporate the international covenant into domestic law, criminalizes propagating or advocating religious or racial hatred. Punishment ranges from fines to up to 10 years’ imprisonment.

In his February 24 report to the UN Human Rights Council, UN Special Rapporteur on Freedom of Religion or Belief Shaheed said that during his 2019 visit to Sri Lanka, he observed that “significant gaps exist, particularly in upholding accountability and access to justice as well as ensuring non-recurrence of human rights violations.” He said that, despite Sri Lanka’s civil war ending over a decade ago, “Reverberations of the ethnic conflict remain apparent in the political, social and economic life of the country and impact the enjoyment of human rights, including the right to freedom of religion or belief.” Shaheed stated that religious minorities also faced restrictions in the manifestation of their religion or belief, such as proselytization, conversion, and building of places of worship in addition to numerous incidents of violent attacks. He noted the importance of analyzing and identifying the root causes of religious intolerance and tensions that lead to violations of freedom of religion or belief to better address these challenges.

NCEASL said evangelical Christian groups continued to report that police and local government officials were complicit in the harassment of religious minorities and their places of worship. Christian groups said officials and police often sided with the religious majority. NCEASL said police often attempted to coerce Christians into signing statements absolving those harassing them and accused them of breaching the peace if they filed complaints about police behavior.

According to police, 2,299 individuals were arrested in the aftermath of the 2019 Easter Sunday attacks that targeted Christian churches and luxury hotels, killing 268 persons, including five U.S. citizens, and injuring more than 500. As of December, the government’s investigation continued and 135 suspects remained in custody, including three men charged by the United States with providing material support to a designated foreign terrorist organization (ISIS). Hejaaz Hizbullah, a Muslim lawyer, was arrested in April under the Prevention of Terrorism Act. The government publicly stated that Hizbullah was arrested because of his interactions with the bombers and their family, though he was never charged. He was being held without bail at year’s end. Civil society regularly engaged the international community on his behalf and NGOs and diplomatic missions called upon the government to grant Hizbullah due process under the law.

According to NCEASL, on September 17, a plainclothes officer from the Criminal Investigation Department attached to the Gampola police station visited the Foursquare Church in Nawalapitiya, Kandy District, and questioned the pastor regarding the registration status, number of congregants, and locations of all churches in the fellowship. He told the pastor that he collected details in accordance with an unspecified government circular.

According to Christian, Hindu, and Muslim civil society groups, incidents of increased monitoring often occurred in concert with harassment by local Buddhist monks and Buddhist nationalist organizations.

According to members of Christian groups, local authorities sometimes demanded their groups stop worship activities or relocate their places of worship outside the local jurisdiction, ostensibly to maintain community peace. Local police and government officials reportedly continued to cite a government circular, revoked by the Ministry of Buddha Sasana in 2012, requiring places of worship to obtain approval to conduct religious activities. Police also reportedly cited a 2008 circular on the construction of religious facilities when they prohibited, impeded, or closed Christian and Muslim services and places of worship. According to some legal experts, however, there was no explicit basis in national law for such a requirement.

According to NCEASL, on January 18, a mob of approximately 150 individuals arrived at the King of Kings Gospel Church in Kalawanchikudy and demanded that the pastor stop conducting his religious worship activities in the village and close the church. The mob included members of the local government and a Hindu priest. The pastor went to the Kalwanchikudy Police Station on January 25 for an inquiry, where the senior officer there spoke in favor of the pastor, defending his religious rights and reiterating his freedom to conduct his religious activities. The senior officer further warned the others against harassing the pastor and said that he would place them all under arrest if they continued to cause trouble in the future.

On February 10, according to NCEASL, the pastor and nine congregants of Good Shepherd Church at Sri Nissankamallapura met with local police, government officials and 12 Buddhist monks. The government officials and the monks demanded that the pastor stop religious activities immediately, reportedly saying Christians would not be tolerated in the village. The pastor refused and challenged them to take legal action. On February 16, a group led by a Buddhist monk went to the church and admonished the pastor for not stopping his religious activities as instructed. At the pastor’s request, local police personnel provided protection to the church. When the pastor went to lodge a complaint against the monks, however, a police headquarters inspector instructed him to sign a statement affirming that he had breached the peace. When the pastor refused, the inspector threatened to place him under arrest. Police accused the pastor of disturbing the peace. His case was taken before the Manampitiya Magistrates Court on February 17 and postponed until March 16. The magistrate ordered the pastor not to invite anyone to participate in religious activities at his premises for one month and imposed a bail bond of 500,000 rupees ($2,700) if he violated the order.

Writer Shakthika Sathkumara faced a criminal hearing on September 22 for charges stemming from his 2019 publication of a short story that a group of Buddhist monks said offended Buddhism. The story referred to homosexuality and child abuse at a Buddhist temple. The monks filed charges against Sathkumara under the ICCPR Act, accusing him of propagating religious hatred. He was detained four months, released in August 2019, and filed a fundamental rights petition in October 2019 challenging the constitutionality of his arrest. At his September hearing, the court postponed his case to February 2021, pending the Attorney General’s instructions on whether to file indictments.

According to Amnesty International, on April 9, police arrested Ramzy Razeek for violating the ICCPR Act by inciting religious hatred. The charge was based on his April 2 Facebook post calling for an “ideological jihad” through social and mainstream media “to help people understand the truth” in the context of rising “hate propagated against Muslims” during the COVID-19 pandemic. According to Razeek’s lawyers, in August, the Supreme Court agreed to hear his petition challenging the constitutionality of his arrest, but no date had been set for a hearing by the end of the year. On September 17, the Colombo High Court granted him bail on medical grounds.

On October 18, newspapers reported that police arrested a woman on charges of “spreading hate” between Buddhists and Catholics after she posted a video criticizing Catholic Cardinal Malcolm Ranjith of Colombo. The status of her case was unknown at year’s end.

On October 21, the Colombo High Court granted bail to BBS general secretary Galagoda Aththe Gnanasara Thero, who was charged with denigrating the religious beliefs of Muslims following statements he made in 2016 at the Kuragala Raja Maha Vihara Temple. Further proceedings of the trial, set for November 24, were postponed, and Gnanasara Thero remained free on bail at year’s end.

On August 18, the Mahiyanganaya Magistrate Court dismissed a 2019 case against a woman for wearing clothing decorated with the logo of a ship’s wheel, described as a Buddhist dharma chakra. She had been charged under the ICCPR Act for propagating religious hatred.

During the year, there were no prosecutions for the May 2019 anti-Muslim violence that led to the death of one Muslim and attacks on mosques and Muslim-owned homes and businesses. By year’s end, the government had not fully compensated owners for property damage they sustained during the violence across Northwestern Province.

According to a NCEASL report, on February 23, while a worship service was underway at Bethany Church in Tangalle, a group of approximately 100 individuals, including one Buddhist monk, forcibly entered the premises and questioned the legality of the place of worship. The group threatened the Christians, and one individual grabbed the pastor by his throat. They demanded that the Christians leave the village and never return and threw stones at the building, damaging the roof. Police arrived and insisted that the pastor and Christian congregants leave the church before dispersing the mob. The police inspector in charge said he had warned the pastor against conducting worship activities and accused him of breaching the peace. In response, the pastor said it was the mob who had breached the peace and that he had the right to conduct worship there. NCEASL said there were no arrests in this case.

Despite a public awareness campaign by the Department of Christian Religious Affairs underway since 2016 to encourage local congregations of nondenominational groups to register as religious organizations, the government had not registered any new groups by year’s end. According to some nondenominational groups, government officials threatened them with legal action if they did not register, but the process dragged on indefinitely if they tried to register. Instead, unregistered Christian groups continued to incorporate as commercial trusts, legal societies, or NGOs to engage in financial transactions, open bank accounts, and hold property. Without formal government recognition through the registration process, however, nondenominational churches said they could not sponsor religious worker visas for visiting clergy and faced restrictions on holding meetings or constructing new places of worship.

According to Christian groups, they experienced two major difficulties in complying with local officials’ registration requirements. First, rural congregations often could not obtain deeds to land due to the degradation of hard-copy Land Registry documentation and incomplete land surveys. Second, without the consent of the local community or the local Buddhist temple, local councils often opted not to approve the construction of new religious buildings. Church leaders said they repeatedly appealed to local government officials and the ministry responsible for religious affairs for assistance, with limited success.

On June 1, President Rajapaksa issued an official notification in the government gazette that created a 12-member Presidential Task Force for Archaeological Heritage Management in the Eastern Province composed exclusively of Sinhalese Buddhists and headed by Secretary of Defense Kamal Gunaratne. The task force’s mandate was to conduct archaeological site surveys in the heavily Tamil and Muslim Eastern Province, and to recommend measures to preserve religious heritage. The task force included six Buddhist monks but no representatives from other religious communities, despite the multiethnic nature of the province. On August 19, President Rajapaksa added four more monks to the task force, including two general secretaries of the Asgiriya and Malwatte chapters, the two main Buddhist sects in the nation, despite civil society and political leaders’ repeated calls for the inclusion of minority representatives.

Media reported that in June, an archeological task force surveyed 40 acres around the Muhudu Maha Viharaya in Pottuvil, Ampara District and evicted approximately 400 Muslim residents from land their families had inhabited since the colonial era. Tamil activists reported that in September, a Buddhist monk from Arisimalai, who was a member of the task force, threatened a group of Tamil farmers in the Thiriyai area in the Kuchchaveli Divisional Secretary’s Division in the Trincomalee District and prevented them from engaging in cultivation of more than 1,000 acres, including 400 acres without private deeds or government permits that had been cultivated by farmers for many decades. According to lawyers involved in the cases, by the end of the year, more than 40 Tamil and Muslim farmers had filed cases against the expulsions from their traditional lands. All cases remained pending at year’s end.

On August 20, presenting the government’s policy speech at the inaugural session of parliament, President Rajapaksa pledged to “protect and nurture the Buddha Sasana” and explained that he had established an advisory council of leading Buddhist monks to seek advice on governance. He also highlighted the Presidential Task Force for Archaeological Heritage Management, saying that it had been established to protect places of archaeological importance and to preserve the Buddhist heritage. He said that by “ensuring priority for Buddhism… the freedom of any citizen to practice the religion of his or her choice is better secured.” Tamil and Muslim activists in the Eastern Province predicted that the Task Force for Archaeological Heritage Management would use its authority to claim locations that possess ancient Buddhist relics as a pretext to force minorities off their lands.

Civil society groups and local politicians continued to state the military sometimes acted outside its official capacity and aided in the construction of Buddhist shrines in predominantly Hindu and Muslim areas, although there were few reports of this practice during the year due to movement restrictions imposed because of the COVID-19 pandemic. Reports published by various civil society groups indicated security forces involved in constructing Buddhist religious sites continued to cite archeological links in places where there were no Buddhist populations.

In January, the army completed construction of a Buddhist vihara (shrine) in Valikamam North on privately owned land occupied by the army and designated as a “high security zone” during the war. Journalists reported that residents lodged complaints with the Valikamam North divisional council regarding construction of the vihara, but the council did not have jurisdiction over military-controlled lands.

On March 8, student groups reported that a Buddhist vihara had been dedicated on Jaffna University’s Killinochchi Campus, whose student body is mostly Hindu. Students protested the rushed manner in which the vihara was constructed, in contrast with a Hindu temple and Christian church on the university grounds that had been abandoned with no renovations planned.

On July 10, newspapers reported that Buddhist monk Ellawala Medhananda, a member of the Presidential Task Force for Archaeological Heritage Management, said that up to 2,000 sites in the Eastern Province would be subject to examination, including in forests across Ampara, Batticaloa and Trincomalee. He specifically noted that if Buddhist artifacts were found at the historic Koneswaram Hindu Temple, they should be protected. Civil society groups said the effort was a Sinhala Buddhist land grab in the historically Tamil and Muslim province.

On October 9, the Vavuniya Magistrate Court granted bail to the administrators of the ancient Hindu Vedukkunari Hill Temple after local police and Archeology Department officials filed a case against them for damaging the temple, which had been declared a Buddhist archaeological site, by holding a Hindu festival there in September. At a November 6 hearing, the case was postponed until 2021. However, at the request of the lawyer representing the Archaeology Department and police, the court rescheduled the hearing to December 11. Because the temple administration was not aware of the change of date and missed the hearing, the magistrate revoked bail and issued an arrest warrant for the administrators of the temple. At year’s end, temple administrators remained at large, despite the arrest warrant.

Also in October, the mostly Hindu residents of Delft Island in Jaffna protested an effort of Jaffna-based Buddhist monks and Archaeology Department officials, who said that a Vedi Arasan fortress in Delft belonged historically to a Tamil Buddhist king. Monks also surveyed the area with the Archaeology Department using a drone camera.

According to press reports, on September 24, at the request of Buddhist monk Thilakawansa Nayaka, the Archaeology Department seized 358 acres of land between Panikkanvayal and Thennamaravadi in Trincomalee, including fields belonging to Tamil farmers. The farmers reported that Civil Defense Force guards posted at the site prevented them from cultivating their land and that monks had begun to build a Buddhist shrine at the site to prevent any alternative use for the land.

The Jehovah’s Witnesses community said it continued to have difficulty obtaining approval to build houses of worship. Local government officials cited the 2008 circular and forwarded all new Kingdom Hall construction applications to the Ministry of Buddha Sasana, Department of Christian Affairs. According to Jehovah’s Witnesses, during the year, the ministry again did not issue any approvals for building applications. Older applications, such as those submitted in 2015 to build houses of worship in Pugoda and Nattandiya, remained pending at year’s end.

During a July 24 meeting with the Buddhist Advisory Council, President Rajapaksa appointed a committee of Maha Sangha (senior Buddhist clergy) to study the Antiquities Ordinance and recommend amendments to strengthen the preservation of antiquities and national heritage. During this meeting, the Maha Sangha requested the President transfer cases relating to artifacts and historic places in the predominantly Hindu and Muslim Northern and Eastern Provinces to courts in Colombo.

On September 28, the cabinet announced it would amend national and local legislation to ban cattle slaughter, saying that such a ban would help the dairy industry and save money used to purchase imported milk powder, but by year’s end, the government had taken no action to introduce the ban for consideration by parliament.

In March, the MOH made cremation compulsory for all COVID-19 victims, thereby denying Muslims who died from the virus the Islamic tradition of burying the dead. International media reported that Muslims who had lost relatives due to COVID-19 described a traumatic rush by police and health authorities to cremate the bodies of their loved ones. Many family members said they were not provided a copy of the test results showing that their loved ones had tested positive, and that hospital officials refused their pleas to conduct second tests. Human rights activist Shreen Shahor told The Guardian, “The way (the government) is treating the Muslim community during this pandemic is clear-cut racism. The community is being forced to abandon their own dead in order to protect (others’) beliefs and traditions. There is not even a scientific justification for them being denied dignity in death.”

On April 8, four UN special rapporteurs, including the Special Rapporteur for Freedom of Religion or Belief, in addition to the Muslim Council of Sri Lanka (MCSL), wrote President Rajapaksa requesting the government reconsider its policy, in light of WHO COVID-19 guidelines that permitted either burial or cremation. The UN letter also stated that MOH guidelines were not sensitive to the religious and cultural practices of different communities. Similarly, the MCSL published a letter to the President on April 8 that highlighted WHO guidelines permitting burial. “Over 182 countries…have permitted (relatives) to bury or cremate the dead bodies of those infected with COVID-19,” MCSL stated. Also in April, the Government Medical Officers Association published a letter calling for the President to convene a panel of experts to examine the issue. On April 11, the MOH issued revised guidelines with no further explanation, reiterating that cremation was mandatory for COVID-19 victims of all faiths. In May, the two major Muslim political parties, the SLMC and the ACMC, as well as several civil society activists, filed petitions with the Supreme Court challenging the government’s COVID-19 cremation policy. By year’s end, the court had not heard the petitions to determine if the cases had standing to proceed. In a November 4 open letter, the Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation expressed deep concerns about the country’s policy of mandatory cremation for COVID-19 victims.

In November, Health Minister Wanniarachchi informed parliament that the government had appointed a committee to investigate the burial issue. Media reports that month said that Prime Minister Mahinda Rajapaksa had agreed to allow Muslim burials for COVID-19-related deaths and had asked health authorities to identify appropriate areas to use. In December, however, the Supreme Court refused to hear a petition against the mandatory cremation practice, separate from the SLMC and ACMC petition, filed by 11 Muslim and Christian activists. The petitioners said the practice violated their freedom of religion and their fundamental rights under the constitution. At year’s end, the government’s policy of mandatory cremation for all COVID-19 victims remained in force.

Although religious education remained compulsory in state-funded schools, not all schools had sufficient resources to teach all four recognized religions, and according to civil society groups, some students were required to study religions other than their own. Government schools frequently experienced a shortage of teachers, sometimes requiring available teachers to teach the curriculum of a faith different from their own.

Religious schools continued to receive state funding for facilities and personnel and to fall under the purview of the central government and/or the provincial ministry of education. The National Christian Council of Sri Lanka reported several dozen cases of schools refusing students admission on religious grounds during the year, even though the law required government and private schools receiving government funding, some religiously affiliated, to accept students of all faiths.

Religious rights advocates said that across all religious groups, traditional leaders charged with adjudication of religious law were poorly or completely untrained and issued inconsistent or arbitrary judgments.

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