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Bangladesh

Section II. Status of Government Respect for Religious Freedom

Legal Framework

According to the constitution, “the state religion of the Republic is Islam, but the State shall ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian, and other religions.”  The constitution also stipulates the state should not grant political status in favor of any religion.  It also provides for the right to profess, practice, or propagate all religions “subject to law, public order, and morality” and states religious communities or denominations have the right to establish, maintain, and manage their religious institutions.  The constitution stipulates no one attending any educational institution shall be required to receive instruction in, or participate in ceremonies or worship pertaining to, a religion to which he or she does not belong.

Under the penal code, statements or acts made with a “deliberate and malicious” intent to insult religious sentiments are subject to fines or up to two years in prison.  Although the code does not further define this prohibited intent, the courts have interpreted it to include insulting the Prophet Muhammad.  The criminal code allows the government to confiscate all copies of any newspaper, magazine, or other publication containing language that “creates enmity and hatred among the citizens or denigrates religious beliefs.”  The law applies similar restrictions to online publications.  While there is no specific blasphemy law, authorities use the penal code as well as a section of the Information and Communication Technology Act to charge individuals.  The Digital Security Act, passed by parliament in September, criminalizes publication or broadcast of “any information that hurts religious values or sentiments.”

The constitution prohibits freedom of association if an association is formed for the purpose of destroying religious harmony or creating discrimination on religious grounds.

Individual houses of worship are not required to register.  Religious groups seeking to form associations with multiple houses of worship, however, must register with either the NGO Affairs Bureau (NGOAB) as an NGO if they receive foreign assistance for development projects or with the Ministry of Social Welfare if they do not.  The law requires that the NGOAB approve and monitor all foreign-funded projects.  The NGOAB director general has the authority to impose sanctions on NGOs for violating the law, including fines of up to three times the amount of the foreign donation or closure of the NGO.  NGOs also are subject to penalties for “derogatory” comments about the constitution or constitutional institutions (i.e., the government).  Expatriate staff must receive a security clearance from the National Security Intelligence Agency, Special Branch of Police, and Directorate General of Forces Intelligence.

Registration requirements and procedures for religious groups are the same as for secular associations.  Registration requirements with the Ministry of Social Welfare include submission of certification that the name being registered is not taken; provision of the bylaws/constitution of the organization; a security clearance for leaders of the organization from the national intelligence agency; minutes of the meeting appointing the executive committee; list of all executive committee and general members and photographs of principal officers; work plan; copy of the deed or lease of the organization’s office and a list of property owned; budget; and a recommendation by a local government representative.

Requirements to register with the NGOAB are similar.

Family law concerning marriage, divorce, and adoption has separate provisions for Muslims, Hindus, and Christians.  These laws are enforced in the same secular courts.  A separate civil family law applies to mixed faith families or those of other faiths or no faith.  The family law of the religion of the two parties concerned governs their marriage rituals and proceedings.  A Muslim man may have as many as four wives, although he must obtain the written consent of his existing wife or wives before marrying again.  A Christian man may marry only one woman.

Hindu men may have multiple wives.  Officially, Hindus have no options for divorce, although informal divorces do occur.  Women may not inherit property under Hindu law.  Buddhists are subject to Hindu law.  Divorced Hindus and Buddhists may not legally remarry.  Divorced men and women of other religions and widowed individuals of any religion may remarry.  Marriage between members of different religious groups is allowed and occurs under civil law.  To be legally recognized, Muslim marriages must be registered with the state by either the couple or the cleric performing the marriage; however, some marriages are not.  Registration of a marriage for Hindus and Christians is optional, and other faiths may determine their own guidelines.

Under the Muslim family ordinance, a Muslim man may marry women of any Abrahamic faith; however, a Muslim woman may not marry a non-Muslim.  Under the ordinance, a widow receives one-eighth of her husband’s estate if she is his only wife, and the remainder is divided among the children; each female child receives half the share of each male child.  Wives have fewer divorce rights than husbands.  Civil courts must approve divorces.  The law requires a Muslim man to pay a former wife three months of alimony, but these protections generally apply only to registered marriages; unregistered marriages are by definition undocumented and difficult to substantiate.  Authorities do not always enforce the alimony requirement even in cases involving registered marriages.

Alternative dispute resolution is available to all citizens, including Muslims, for settling family arguments and other civil matters not related to land ownership.  With the consent of both parties, lawyers may be identified to facilitate the arbitration, the results of which may be used in court.

Fatwas may be issued only by Muslim religious scholars, and not by local religious leaders, to settle matters of religious practice.  Fatwas neither may be invoked to justify meting out punishment, nor may they supersede existing secular law.

Religious studies are compulsory and part of the curriculum for grades three through 10 in all public government-accredited schools.  Private schools do not have this requirement.  Muslim, Hindu, Buddhist, and Christian students receive instruction in their own religious beliefs, although the teachers are not always adherents of the students’ faith.

The code regulating prisons allows for observance of religious commemorations by prisoners, including access to extra food on feast days or permission to fast for religious reasons.  The law does not guarantee prisoners regular access to clergy nor regular religious services, but prison authorities may arrange special religious programs for them.  Prison authorities are required to provide prisoners facing the death penalty access to a religious figure from a religion of their choice before execution.

A 2001 law allows the government to return property confiscated from individuals, mostly Hindus, whom it declares to be an enemy of the state.  In the past, authorities used it to seize property abandoned by minority religious groups, especially Hindus, who fled the country, particularly following the Indo-Pakistani War of 1965.

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

Government Practices

In March police completed the investigation of the case involving the July 2016 killing of 22 persons, most of them non-Muslims, at the Holey Artisan Bakery in Dhaka and forwarded it for prosecution.  The attackers singled out non-Muslims and killed the victims with machetes and firearms.  In August a Dhaka court accepted the charges against the attackers.  At year’s end, six of the attackers remained in jail, while another two fled the country.  Legal proceedings against the attackers continued through the end of the year.

On May 8, prosecutors announced the conviction of five suspects, two of whom received the death penalty, for killing Rajshahi University professor Reazul Karim Siddique in a 2016 machete attack.  Prosecutor Entajul Haque stated the five suspects belonged to terrorist organization Jamayetul Mujahideen Bangladesh, also known as a Jamaat-ul Mujahideen Bangladesh or ISIS-B, a militant Islamic group outlawed by the government.  Law enforcement officials stated the killing of Siddique was one of many attacks on individuals espousing secular beliefs in the last three years.

The government’s investigation into the 2016 killings of six secular bloggers, online activists, writers, and publishers remained inconclusive, according to press reports.  Police had not charged any individuals by year’s end.

Legal proceedings against the three suspects allegedly involved in the killing of atheist blogger Avijit Roy continued at year’s end.  In 2017, police announced they had detained Abu Siddiq Sohel, whom they said admitted to involvement in the 2015 killing of Roy, a critic of religious extremism.  Also in 2017, police said they arrested two other individuals, Arafat Rahman and Mozammel Hossain, in connection with Roy’s killing.  Machete-wielding assailants hacked to death Roy, a U.S. citizen of Bangladeshi origin, while he accompanied his wife home from a Dhaka book fair.  The press reported police suspected Ansarullah Bangla Team, a militant Islamic organization claiming association with AQIS – accused of other acts of violence and banned by the government – was involved in Roy’s killing.  A police official identified Rahman as a member of Ansrarullah Bangla Team.  The press also reported Rahman confessed to involvement in the killings of four other secular activists.

According to media reports, on March 30, approximately 80 armed members of the Muslim community in Jamalpur District attacked members of the Ahmadiyya Muslim community at an Ahmadiyya mosque, injuring 22 Ahmadis.  Ahmadiyya Muslim imam SM Asaduzzaman Razib stated Awami League Religious Affairs Secretary for Madarganj Upazila Monirul Islam Monir instigated the attack.  When police responded to the incident, both sides agreed to refrain from any further violence.  Members of the Ahmadiyya Muslim community said the attack was a result of leaders of Jamalpur District’s Muslim congregation’s Waz Mahfil (religious discussion) attempt to provoke its members to support turning the country into a fundamentalist and militant state.

By year’s end, the government stated it had compensated and otherwise assisted 70 Santal Christian families who were victims of attacks, arson, and gunshot wounds allegedly involving local authorities and law enforcement in 2016.  According to media reports, at year’s end, the Police Bureau of Investigation (PBI) had not filed charges against a parliamentarian from the ruling Awami League party and a local civil servant reportedly involved in the attacks.  Three Santal Christians were killed in the 2016 attack; in 2017, the government removed the superintendent of police of Gaibandha District and the entire police force from the Govidaganj Sub-District to comply with a High Court order.  In 2017 personnel from the PBI detained Shah Alam, a Union Council member and one of the 33 accused in the case.

Human rights organizations reported that, despite longstanding government orders to the contrary, village community leaders, often together with local religious leaders, continued to use extrajudicial fatwas to punish individuals, mostly women, for perceived “moral transgressions,” such as adultery and other illicit sexual relations.  From January to December the human rights organization Ain o Salish Kendra documented seven incidents of punishments under fatwas, including societal shunning, whipping, and forced interim marriages (a formality enabling a couple to remarry one another after the wife briefly marries and then divorces a new “interim” spouse), compared with 10 in 2017.  In 2017, the High Court ordered a local government entity to report on action it had taken against the perpetrators of the extrajudicial punishment meted out to a man and woman in 2016 in Komolganj Upazila of Maulvibazar District for reported moral transgressions.  No new developments regarding the case were reported at year’s end.

In October unidentified individuals destroyed a Buddhist monastery and statue in Khagrachhari District.  According to press reports, no eyewitnesses were present during the destruction of the structures; however, community members said local individuals were responsible for the destruction.  The local governmental administration told members of the community it would rebuild the monastery and statue.  The army supervised the reconstruction of the monastery.  The Chittagong Hill Tracts commission condemned the incident and demanded the perpetrators be brought to justice.  A police investigation continued through the end of the year.

Although most mosques were independent of the state, the government continued to influence the appointment and removal of imams and provide guidance to imams throughout the country through the Islamic Foundation on some aspects of the content of their sermons, for example by issuing written instructions highlighting certain Quranic verses and quotations of the Prophet Muhammad.  Religious community leaders said imams in all mosques usually continued to avoid sermons that contradicted government policy.

Early in the year, the government granted the Allama Fazlullah Foundation the requisite registration to work in Cox’s Bazar.  Two other religiously affiliated organizations that applied for registration to work in Cox’s Bazar for Rohingya relief in 2017, Muslim Aid Bangladesh and Islamic Relief, remained banned throughout the year.  In 2017, parliamentarian Mahjabeen Khaled stated to media, “It is believed they were running other operations under cover of relief efforts.”

The government continued to prohibit transmission of India-based Islamic televangelist Zakir Naik’s Peace TV Bangla, stating the program spread extremist ideologies, and closed “peace schools,” which the government said reflected his teachings.

A government-run media monitoring cell established in 2016 with the stated intention of helping maintain religious harmony in the country by tracking media and blogs that write negatively about Hindu, Muslim, and other religious beliefs continued to function.

According to the Ministry of Land, authorities adjudicated approximately 15,224 of 118,173 property restitution cases filed under the Vested Property Return Act during the year.  Of these judgements, the owners, primarily Hindus, won 7,733 of the cases, recovering 8,187.5 acres of land, while the government won the remaining 7,491 cases.  Media reports, rights activists, and the Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC) attributed the slow return of land seized under relevant legislation from Hindus who had left for India to judicial inefficiency and general government indifference.

Religious minorities continued to state minority students sometimes were unable to enroll in religion classes of their faith because of an insufficient number of minority teachers for mandatory religious education classes.  In these cases, school officials generally allowed local religious institutions, parents, or others to hold religious studies classes for such students outside of school hours and sometimes exempted students from the religious education requirement.

The Ministry of Religious Affairs had a budget of 11.68 billion taka ($139.05 million) for the 2018-19 fiscal year, which covers June 2018-July 2019.  The budget included 9.21 billion taka ($109.64 million) allocated for development through various autonomous religious bodies.  The government provided the Islamic Foundation, administered by the Ministry of Religious Affairs, 8.24 billion taka ($98.1 million).  The Hindu Welfare Trust received 780.8 million taka ($9.3 million), and The Buddhist Welfare Trust received 37.5 million taka ($446,000) of the total development allocation.  While the Christian Welfare Trust did not receive development funding from the 2018-19 budget, it received 2.8 million taka ($33,300) to run its office.

In April the government announced it would fund an approximately 76 billion taka ($904.76 million) project to construct madrassahs in every electoral constituency in the country.  Under the two-year project, 300 members of parliament would receive funding to construct a five-story building in each electoral constituency.  According to press reports, the project was in response to parliamentarians citing the dilapidated conditions of madrassah structures in their constituencies.  A combination of news reports and think tanks criticized the project, stating the government’s use of public funds for such projects was a political tactic by the government to use religion to influence voters prior to national parliamentary elections in December.

According to press reports, in November the government delayed national student examinations so Prime Minister Sheikh Hasina could attend a Qawmi madrassah rally in favor of the Awami League and chaired by Hefazat-e-Islam Bangladesh Chief Shah Ahmed Shafi.  Hefazat-e-Islam is a self-defined Islamist advocacy group including madrassah teachers and students.  According to press reports, the Hefazat-e-Islam rally was conducted to express gratitude for the government’s formal recognition of the Qawmi madrassah education system in 2017.  The Qawmi madrassahs are independent community madrassahs with their own governing boards and are commonly viewed as more conservative than government-run madrassahs.

In September the Daily Star newspaper reported government involvement, through a local teachers’ association, in the seizure of a Hindu temple and its surrounding land in Tangail District, in contravention of a court order and without requisite building permits.  The report stated the association wanted to construct a multistory building on the site of the temple that many in the community said would be used for commercial purposes.  The Daily Star reported that in January a court in Tangail District issued an order ordering a halt to the construction, but construction on the temple’s site continued, in what the press report said was due to the ruling Awami League’s alleged involvement in the project.

Hindus, Buddhists, Christians, and members of other minority religious communities, who are also sometimes members of ethnic minority groups, continued to report several property and land ownership disputes and forced evictions, including by the government, which remained unresolved at year’s end.  According to minority religious associations, such disputes occurred in areas near new roads or industrial development zones, where land prices had recently increased.  They also stated local police, civil authorities, and political leaders sometimes enabled property appropriation for financial gain or shielded politically influential property appropriators from prosecution.  Some human rights groups, including Odhikar, continued to attribute the lack of resolution of some of these disputes to ineffective judicial and land registry systems and the targeted communities’ insufficient political and financial clout rather than government policy disfavoring religious or ethnic minorities.

According to religious rights groups, in April local Awami League politicians seized and illegally occupied one acre of land from a Christian family in Bagerhat District.  Those allegedly responsible donated a portion of the land for local school use in an effort to conceal the illegal seizure and occupation, and they threatened the family with physical harm if members of the family pursued legal proceedings against the alleged culprits.  Members of civil society attributed the alleged illegal seizure and occupation to a pending 1984 legal case between feuding family members over the land, which the occupiers allegedly exploited.

The government continued to place law enforcement personnel at religious sites, festivals, and events considered potential targets for violence, including the Hindu festival of Durga Puja, Christian holidays of Christmas and Easter, and the Buddhist festival of Buddha Purnima.

According to religious advocacy groups, the government provided extra security to protect Buddhist monasteries in Chittagong and Dhaka in anticipation of possible retaliation for the actions against the majority Muslim Rohingya by the military and civilians in Burma’s Rakhine State.  No attacks occurred during the year.

President Abdul Hamid continued to host receptions to commemorate each of the principal Muslim, Hindu, Buddhist, and Christian holidays and emphasized the importance of religious freedom, tolerance, and respect for religious minorities.

India

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 with regard to employment, as well as any religion-based restrictions on individuals’ access to public or private facilities or establishments open to the general public.  The constitution states 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 compelling anyone to pay taxes to promote or maintain any specific religion.  National and state laws make freedom of religion “subject to public order, morality, and health.”  The constitution stipulates 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.

Nine of the 29 states have laws restricting religious conversion:  Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, and Uttarakhand.  The legislation in Rajasthan, passed in 2008, was reviewed by the central government to ensure its provisions were in alignment with existing national laws and the constitution, and has not yet received the approval from the country’s president that is required for the law to go into effect.  In March Uttarakhand became the latest state to pass an anti-conversion law, making it a non-bailable offense.  The law came into effect in April and was strengthened in August with the addition of provisions that allow the state to cancel the registration of institutions involved in forced conversions.  Only five states have implemented rules that are required for these laws to be enforced.

Chhattisgarh, Madhya Pradesh, and Uttarakhand prohibit religious conversion by the use of “force,” “allurement,” or “fraudulent means,” and require district authorities 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 in a conversion ceremony to submit formal notification to the government.  Violators, including missionaries and other religious figures who encourage conversion, 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 the converts are minors, women, or members of government-designated, historically disadvantaged groups (known as 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’ imprisonment and a fine up to 50,000 rupees ($720).  In Himachal Pradesh, penalties include up to two years’ imprisonment and/or fines of 25,000 rupees ($360).  Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may consist of jail sentences rather than fines.

According to the Supreme Court, converting from Hinduism to another religion ordinarily “operates as an expulsion from the caste” since caste is a structure affiliated with Hindu society.  Societal definitions of caste affiliation are determinative of a person’s eligibility for government benefits.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near another religion’s place of worship.  Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($72).

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 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, although federal law requires religiously affiliated organizations to maintain audit reports on their accounts and a schedule of their activities, and to provide these to state government officials upon request.

A federal law regulates foreign contributions to NGOs, including faith-based organizations.  Organizations with “definite cultural, economic, educational, religious, or social programs” must receive a federal government certificate of registration to receive foreign funds.  The federal government may also require that certified organizations obtain prior permission before accepting or transferring foreign funds.  The federal government may reject an application for a certificate of registration or a request for prior permission to transfer funds if it judges the recipient to be prejudicially affecting “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

The constitution states any reference to Hindus in law is to be construed as containing a reference to 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 blanket category that includes Sikhs, Buddhists, Baha’i, and Jains, but clarifies these are separate religions whose followers are included under the legislation.

Federal law provides minority community status to six religious groups:  Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists.  State governments may grant minority status to religious groups that are minorities in a particular region and designate them as minorities under state law.  Minority status makes these groups eligible for several government assistance programs.  The constitution states the government will protect the existence of religious minorities and encourage conditions for the promotion of their individual identities.

Personal status laws determine rights 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 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-level legislation or constitutional provisions.  The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define customary practices.  If the law board or community leaders cannot offer satisfactory solutions, the case is referred to the civil courts.

Federal law permits interfaith couples to marry without religious conversion.  Interfaith couples, and all couples marrying in a civil ceremony, are required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment.  Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions, however, face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages.  There are no divorce provisions for Sikhs under personal status laws.  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.

Twenty-four of the 29 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 other Scheduled Castes and Scheduled Tribes.  In the majority of the 24 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 to $140).  Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years.  The law in Gujarat 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.

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 bodies have no enforcement powers, but launch investigations based on written complaints by plaintiffs charging criminal or civil violations and submit their findings to law enforcement agencies for action.  Eighteen of the country’s 29 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution allows for a form of affirmative action for Scheduled Caste or Scheduled Tribe communities, and the “Other Backward Class,” a category for groups deemed to be socially and educationally disadvantaged.  Since the constitution specifies only Hindus, Sikhs, or Buddhists shall be deemed a member of a Scheduled Caste, the only means through which Christian and Muslim individuals may qualify for affirmative action benefits is if they are considered members of the “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.

Government Practices

On June 22, the government charged two police officers with culpable homicide after a Muslim cattle trader, Mohammad Salim Qureshi, died of injuries sustained while being questioned by police in Bareilly, Uttar Pradesh.  The accused officers were suspended following a police inquiry.

On May 11, a Muslim youth died in a police shooting and a Hindu shopkeeper died in his burning shop following communal clashes in Maharashtra’s Aurangabad city.  These events followed allegations that authorities were conducting a civic crackdown on illegal water connections in a discriminatory manner, possibly triggered by the removal of water connection of four Muslim residents.  In the immediate aftermath of the violence, in which seven officers were injured, Aurangabad police arrested 14 persons.  With families of both victims alleging partisan policing and video footage of the clashes receiving wide coverage on social media, police ordered an investigation.

A court in Jharkhand sentenced 11 individuals, including a local BJP official, to life in prison for beating to death Alimuddin Ansari, a Muslim, in June 2017.  Ansari’s killers said they believed he was trading in beef.

On August 13, the Supreme Court ordered Uttar Pradesh authorities to reinvestigate and submit a report on the June 18 killing of Qasim Qureshi, a Muslim cattle trader attacked by a mob while transporting cows through Harpur.  The order came after multiple online videos surfaced casting doubt on the initial police report, which described the assault as an incident of “road rage.”  In one video, a bloodied Qureshi is seen refuting claims that he was transporting the cows for slaughter.  Police arrested and filed murder charges against nine individuals in connection with the attack.

On April 20, the Gujarat High Court acquitted former Gujarat Minister of State for Women and Child Development Maya Kodnani and upheld the conviction of former Bajrang Dal leader Babu Bajrangi related to the 2002 Naroda Patiya communal riots in Gujarat.  Kodnani had been charged with provoking a Hindu mob.  Bajrangi was accused and convicted of criminal conspiracy, collecting weapons, and leading a violent mob.  In March the Supreme Court stated it would not give the Gujarat government further extensions to meet its request for a status report on disciplinary action taken against police officers convicted in the gang rape of a pregnant 19-year-old woman, Bilkis Bano, during the 2002 riots.  On June 25, the Gujarat High Court sentenced P. Rajput, Rajkumar Chaumal, and Umesh Bharwad to 10 years of imprisonment for their involvement in a mob that killed 96 Muslims during the 2002 riots, reversing the judgment of a lower court.  The court upheld the acquittals of 29 others in the case.

On April 1, Hyderabad police arrested four Christians for “hurting religious sentiments” for handing out Christian tracts during an Easter procession.  Christian news website World Watch Monitor said the charges against Rayapuri Jyothi, Meena Kumari, Mahima Kumari, and Bagadam Sudhakar were spurious, and came following a complaint from activists of the Hindu nationalist organization Hindu Jana Shakti.  Authorities released the individuals on bail on April 3.  According to other news reports, however, the police also filed charges against four activists of the Hindu Jana Shakti in the same case, charging them with “outraging the modesty” of the Christian women and forcing them to wear the traditional Hindu vermilion mark on their foreheads.

The NGO Alliance Defending Freedom India (ADFI) stated authorities pursued charges against members of the minority Christian community in several states under religious conversion laws.

On September 12, police in Uttar Pradesh’s Jaunpur District charged 271 Christians with “spreading lies about Hinduism” and allegedly drugging people to try to convert them to Christianity.  The police action came after a local Hindu group filed a complaint with the court alleging the Christians refused to stop conducting Sunday prayer services and spread misinformation about Hinduism.  Deputy Police Superintendent Anil Kumar Pandey said the individuals were “accused of various criminal offenses like fraud, defiling places of worship, and prejudice against national integration.”

On January 10, Jammu and Kashmir police arrested eight Hindu men, including four police personnel and a retired government official, in connection with the kidnapping, gang rape, and killing of 8-year-old Asifa Bano.  The victim belonged to a Muslim tribal community in Kathua District and was kidnapped while grazing her horse in a meadow.  The men allegedly took Bano to a nearby Hindu temple where they drugged and raped her over the course of several days.  According to media reports, the men raped and murdered Bano to drive her nomadic Muslim community out of the area.  The Jammu High Court Bar Association joined several Hindu groups and two BJP state government ministers in a protest to demand the release of the accused, saying it was an anti-Hindu move by police and prosecutors in the Muslim-majority state.  On May 7, the Supreme Court ordered the transfer of the trial to Punjab’s Pathankot District.  The two state BJP ministers who attended the rally supporting the suspects resigned their positions.

In September Uttar Pradesh authorities suspended three police officers after video surfaced of one of the officers slapping a Hindu woman for reportedly consorting with a Muslim man while two other officers taunted her.  Media reported police were dispatched to rescue the interfaith couple, both medical college students, whom members of a Hindu nationalist organization had attacked in protest of so-called “love jihad,” a term used to accuse Muslim men of converting Hindu women by seducing them.

On December 9, police in Bakhitayrpur village, Patna District, Bihar State, arrested and detained a local Christian pastor for attempted forced conversions after he showed a film about Jesus.  Local residents reportedly tried to stop the pastor from showing the film and said they wanted him removed from the village.  According to media reports, the police detained the pastor but did not arrest him, and told him to return to his home village and not return to Bakhitayrpur.

In May the Global Council of Indian Christians (GCIC) reported police in Uttar Pradesh arrested Rev. Gyan Singh and another Pentecostal Christian in the village of Bugauliya Block, Basti District for forced conversions.  Police told GCIC that they would release the two without charges.  In June authorities arrested an Uttar Pradesh pastor, Dependra Prakash Maleywar, after he was accused of the forced conversion of 16 persons.  Police originally arrested Maleywar after a local Hindu activist accused him of an assault against some activists of the Bajrang Dal Hindu group.  A judge ordered Maleywar to 14 days of judicial custody pending investigation; after a week, authorities released him on bail.  Police in Jharkhand arrested Dalu Soren, a Christian veterinarian, on October 16, after a 13-year-old girl’s father filed a complaint charging forced conversion.

According to the website AsiaNews and Catholic media outlet Crux, four men attacked a Catholic priest, Vineet Vincent Pereira, who was conducting a prayer service in Ghohana, Uttar Pradesh on November 14.  The four attackers were allegedly members of a Hindu group trying to “reconvert” Hindus who had earlier changed their religious beliefs.  After the attack, police took Pereira into protective custody, but charged him the next day with rioting and unlawful assembly.  The attackers were not charged.

In October Hyderabad police arrested well-known Muslim preacher Brother Imran after he allegedly made derogatory remarks against the Shia community and another Islamic group.  According to the complainants, Imran tried to create “communal animosity” and outraged the feelings of the Shia community, resulting in tension in the area.  He was released on bail and the court had not taken up his case by year’s end.

On August 27, a special court in Ahmedabad, Gujarat sentenced Farooq Bhana and Imran Sheru to life imprisonment and acquitted three others accused of setting fire to the Sabarmati Express train on February 28, 2002, that killed 59 Hindu pilgrims and led to large-scale intercommunal riots in the state of Gujarat in 2002.  By year’s end, courts convicted 33 suspects in the case and eight remained at large.

In its World Report covering 2018, Human Rights Watch (HRW) said the government failed to “prevent or credibly investigate” mob attacks on religious minorities, marginalized communities, and critics of the government.  At the same time, according to HRW, some BJP officials publicly supported perpetrators of such crimes and made inflammatory speeches against minority communities, which encouraged further violence.  According to HRW, mob violence against minority communities amid rumors that they traded or killed cows for beef, especially Muslims, by extremist Hindu groups continued throughout the year.  As of November, there had been 18 such attacks, and eight people killed during the year.

On December 15, police in Assam arrested two men who vandalized a Catholic church and a grotto in the village of Chapatoli.  Police stated they believed the two to be responsible for the desecration of the church’s crucifix and for toppling a statue.

In June media reported Arunachal Pradesh’s BJP Chief Minister Pema Khandu announced that his government would repeal the state’s 40-year-old anti-conversion law.

On September 18, media reported a village council in Haryana passed a decree urging Muslim residents to adopt Hindu names, refrain from such actions as growing beards or wearing traditional skullcaps, and avoid praying in public.  The announcement reportedly came a month after police arrested Yamin Khokkar, a Muslim villager, whom local authorities accused of illegally slaughtering a calf.  Subsequent media reports stated the village council denied it passed the decree.

According to NGO sources, authorities reportedly denied three U.S. citizens entry under non-missionary visas due to concerns they intended to engage in missionary activity, although the U.S. citizens denied that this was their intention.

On April 21, Bharat Singh, a BJP Member of Parliament from Uttar Pradesh, said, “Christian missionaries are a threat to the unity and integrity” of the country and the opposition Congress Party is “controlled by them [Christian missionaries].”  The president of the GCIC, citing a survey by news channel NDTV, stated that hate speech by BJP representatives had increased by 490 percent since 2014.

In August Catholic bishops in Jharkhand sent a memorandum to the state governor in response to perceived harassment and intense scrutiny of Christian organizations by government agencies after allegations emerged regarding a baby-selling scandal in a home for unwed mothers run by the Missionaries of Charity (MOC) in Ranchi.  Church leaders said the crackdown on the MOC by the Jharkhand government was a ploy to discredit the organization as part of the state government’s anti-Christian agenda.

On June 21, authorities transferred a regional passport official in Lucknow, Uttar Pradesh, after he reportedly refused to issue passports to an interfaith couple.  Media reported the official harangued Tanvi Seth for not adopting her husband’s surname, then later suggested her spouse, Mohammad Anas Siddiqui, convert to Hinduism.  The Ministry of External Affairs intervened after Seth went public with their story on social media.  Authorities issued the couple passports a day later.

On June 11, Hyderabad police charged a member of the Telangana legislative assembly, T. Raja Singh of the BJP, for making hateful and derogatory remarks against Muslims and the Quran.  The police arrested him on charges of promoting enmity between different groups.  This was the 19th case filed against Singh.  In a live Facebook video session, Singh allegedly demanded a ban on the Quran, stating that its verses called for killing Hindus.

On February 7, BJP Member of Parliament Vinay Katiyar said Muslims had “no business” staying in India.  Speaking to a media organization, Katiyar said Muslims should instead settle in Bangladesh and Pakistan since they were responsible for the partition of India.

On July 31, the government of Assam published the final draft of the National Register of Citizens (NRC), a document intended to define individuals with a claim to citizenship in a state that experienced an influx of foreigners in 1971.  Authorities excluded more than 4 million individuals from the list, many of them Bengali-speaking Muslims.  The Supreme Court continued to oversee an appeals process at year’s end for those excluded.  The Citizenship (Amendment) Bill of 2016 that would allow certain Hindu, Sikh, Buddhist, Jain, Parsi, and Christian (but not Muslim) migrants from Afghanistan, Bangladesh, and Pakistan to become citizens continued to face strong criticism and was not taken up by the upper chamber of parliament during the year.

In January the Supreme Court ordered a newly-constituted Special Investigation Team (SIT) of law enforcement officials to assess 186 cases related to anti-Sikh riots in Delhi and Punjab in 1984.  In July media reports suggested the SIT failed to begin its work due to a member refusing to participate in its proceedings.

In April the central government removed its proposed ban on selling cattle for slaughter in animal markets that had been suspended by the Supreme Court.  Observers expressed concern the ban would most negatively impact Muslims, who dominate the country’s quarter trillion rupee ($3.58 billion) buffalo meat export industry.  Observers noted an increase in cow vigilantism hurt members of the Muslim, Dalit, and Adivasi communities who were economically dependent on the cattle trade and leather industries.  On July 17, the Supreme Court said violence in the name of cow vigilantism was unacceptable and the onus of preventing such incidents lay with the states.  The court ordered all state governments to designate a senior police officer in every district to prevent mob violence, ensure that the police act promptly against attackers, and asked the legislature to consider enacting a new penal provision to deal with mob violence by self-styled cow protectors and provide deterrent-level punishment to offenders.

On July 8, Union Minister Jayant Sinha came under public scrutiny after embracing individuals convicted of killing a Muslim trader in Jharkhand in 2017.  The eight men who met with Sinha were convicted of murder in the killing of Alimuddin Ansari, who they said was transporting beef.  Social commentators criticized Sinha, particularly for not speaking about the victim or about justice for his surviving family members.  Following the public backlash, he issued statements condemning violence and vigilantism.

On October 12, the Supreme Court stayed an order of the Uttarakhand High Court directing a blanket ban on fatwas by Islamic religious bodies.  The court acted in response to a rape victim’s complaint about a village council banishing her family from the village.

On September 19, the government issued an executive order to fine and imprison men who practice “triple talaq” – via which a Muslim man can divorce his wife instantly by saying the work “talaq” (Arabic for divorce) three times.  Muslim women’s groups have been central to efforts to end the practice, which is outlawed in many Muslim majority countries.  In 2017 the Supreme Court ruled that the practice was unconstitutional and inconsistent with Islamic law and urged parliament to draft a new provision.  The current executive order is scheduled to lapse if its provisions are not enacted into law by parliament before national parliamentary elections are held in 2019.

On August 28, the Punjab government passed an amendment to the federal penal code punishing the intentional desecration of certain religious texts – the Guru Granth Sahib (the Sikh holy book), the Bible, the Quran, and the Bhagwad Gita – with life imprisonment.  Media reports criticized the amendment as “excessive” and noted its potential misuse by authorities to restrict freedom of expression and silence political opponents.  As of September 25, the proposed amendment was under review by the central government, which must approve state-specific amendments to federal law.

On July 6, Gujarat became the third state, along with Maharashtra and West Bengal, to grant the Jewish community minority status, providing members with “benefits of welfare schemes formulated for religious minority communities within the jurisdiction” of the state.

The government continued its challenge, dating from 2016, of the Supreme Court ruling regarding the minority status of Muslim educational institutions that affords these institutions independence in hiring and curriculum decisions.  The central government continued to state that Aligarh Muslim University was a central university set up under an act of parliament, and therefore should not be considered a minority institution.

State and local jurisdictions submitted 25 proposals to the MHA during the year to rename cities across India, mirroring a similar trend of renaming train stations, islands, and roads that previously had British or Islamic names.  According to AsiaNews and Reuters, BJP leaders in Uttar Pradesh decided to rename some cities that “sounded too Islamic.”  In October Uttar Pradesh changed the name of Allahabad to Prayagraj.  In November authorities changed the name of the Faizabad District to Ayodhya, the place where Hindus believe Lord Ram was born.  Activists said these proposals were designed to erase Muslim contributions to Indian history and had led to increased communal tensions.

The Supreme Court in March overturned a 2017 Kerala High Court order that annulled the marriage of a Hindu woman and a Muslim man based on third-party allegations that she was forcibly converted to Islam, despite her denials.

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