Section II. Status of Government Respect for Religious Freedom
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.