The plural nature of Indian society in the 3rd century BC was encapsulated in an inscription of Ashoka:
King Priyadarshi (Ashoka) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, One must not exalt one's creed discrediting all others, nor must one degrade these others Without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.
Emperor Kharvela (born in the family of Rajarshi Vasu) declares himself in his inscription (approximately 2nd century BCE):[10]
sava pasa-nd-a-puujako, sava devaayatan-sanskaarako
I am worshipper of all sects, restorer of all shrines.
Kharvela's self-description must be contrasted with other rulers around the world, who took pride in calling themselves "but-shikan" or "defender of the (only true) faith".
Badayuni in his Muntakhab-ut-Tawáríkh reports that the Mughal Emperor Akbar, who had established the Din-i-Ilahi faith, decreed the following in AH 1000 (1551–1552 CE):
Hindus who, when young, had from pressure become Musalmans, were allowed to go back to the faith of their fathers. No man should be interfered with on account of his religion, and every one should be allowed to change his religion, if he liked. ...People should not be molested, if they wished to build churches and prayer rooms, or idol temples, or fire temples.
The Sikh Gurus built freedom of religion in their faith to such an extent that while being a persecuted minority themselves under many Mughal rulers like Aurangzeb, Sikhs felt obliged to fight for the religious freedom of others. The sixth Guru of Sikhs, Guru Hargobind, even had a mosque built for his Muslim disciples, instead of putting them under any pressure to adopt the Sikh faith.[11] The tradition of religious freedom continued under Sikh Empire, and other Sikh Principalities where Sikh rulers commissioned several Gurdwaras, Temples and Mosques for their subjects of various faiths.
Refuge from religious persecution
India, with its traditional tolerance, has served as a refuge for groups that have encountered persecution elsewhere.
Jews: Jews in India were granted lands and trading rights. The oldest of the three longest-established Jewish communities in India, traders from Judea and Israel arrived in the city of Cochin, in what is now Kerala, 2,500 years ago and are now known as Cochin Jews. According to recordings by Jews, the date of the first arrival is given at 562 BC. In 68 AD, more Jews fled to Kerala to escape attacks by the Romans on Jerusalem..
Christians: Christianity is believed to have come to India in the 1st century through Saint Thomas who formed the Saint Thomas Christians in Kerala. Later in the 15th and 16th centuries European Missionaries brought in Christianity in places such as Goa and Mangalore. Protestant Missionaries came in 18th and 19th centuries to North-East India.
Parsi: The Zoroastrians from Greater Persia arrived in India fleeing from religious persecution in their native land in the 9th century. They flourished in India and in 18–19th centuries intervened on behalf of their co-religionists still in Greater Persia. They have produced India's pioneering industrialist house of Tata and one of the only two Indian Field Marshals in Sam Manekshaw.
Tibetan Buddhists: Apart from sheltering Tibetan Buddhist refugees who fled their country after it was occupied by China in 1959, India is now home to the Dalai Lama, a high lama of the Gelug school of Tibetan Buddhism.
Baháʼí: As of 2011[update], India had world's largest Baháʼí population of 4,572 Baháʼís,[12] who took refuge in India from religious persecution in Iran.
Conversion history
After the advent of Islam, when religious bias against the non-Islamic sects began to get severe [citation needed], Hinduism began to take on a distinctive identity. During the 16th century, Sikhism also arose and drew into its fold a number of people in Punjab. Christianity has a history that traces back to the advent of Saint Thomas the Apostle in India around 48 AD. He is said to have been followed by Bartholomew around 55 AD. It is reported that when Vasco Da Gama visited Calicut in 1498 AD, he found over 2 lakh[clarification needed] Christians in the Kerala area.[13] The British Government in the beginning discouraged any missionary work; however, in 1837, it permitted entry of white missionaries in its territory because of the pressure from the evangelical lobby in the British parliament.[citation needed]
Religious conversion has sparked a lot of attention and has caused hostilities in Indian families. Though conversion resolved the pre-conversion crisis, it resulted in more troubles in the convert's life. Different kinds of hostilities were: being killed, threatened with death, fear of future troubles or being disowned by parents and friends.[14]
BJP government
In 2019, Human Rights Watch stated that dozens of vigilante killings against religious minorities in India have gone unpunished due to inertia or collusion, mostly in BJP-run states.[15]
In 2020, the United States Commission on International Religious Freedom (USCIRF) stated the BJP government under Prime minister Narendra Modi "allowed violence against minorities and their houses of worship to continue with impunity and also engaged in and tolerated hate speech and incitement to violence". The commission recommended India be labeled a "country of particular concern" which is the lowest of categories on the basis of religious freedom.[16] In 2023, the USCIRF again recommended the US Department of State to designate India as a “country of particular concern” for the fourth year in a row.[17] According to the commission, the Indian government “at the national, state and local levels promoted and enforced religiously discriminatory policies” that included “laws targeting religious conversion, interfaith relationships, the wearing of hijabs and cow slaughter, which negatively impact Muslims, Christians, Sikhs, Dalits and Adivasis (indigenous peoples and scheduled tribes)”.[17]
On 21 June 2022, Rep. Ilhan Omar (D-MN) introduced a resolution (H.Res.1196) to condemn human rights violations and violations of international religious freedom in India, including those targeting Muslims, Christians, Sikhs, Dalits, Adivasis, and other religious and cultural minorities. The resolution calls on the U.S. Secretary of State to designate India as a Country of Particular Concern under the International Religious Freedom Act, which has been recommended by the independent, bipartisan USCIRF for the past three years.[18]
In February 2023, Justice For All, a Chicago-based human rights organization released a report titled 'The Nazification of India' which draws one on one parallels between Nazi Germany and India under the BJP-RSS regime.[19] The report alleges that BJP-RSS are establishing the ideology of Hindu supremacy called “Hindutva" which draws inspiration from Nazism and has led to the persecution of religious minorities including Muslims, Christians, Dalits and Sikhs. The report, however, focuses on Indian Muslims, who are the prime target.
Laws and Indian Constitution
The Preamble of the Indian Constitution has the word "secular", and articles 25 to 28 implying that the State will not discriminate, patronise or meddle in the profession of any religion.[20] However, it shields individual religions or groups by adding religious rights as fundamental rights. Article 25 says "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health".[21] Further, Article 26 says that all denominations can manage their own affairs in matters of religion. All these rights are subject to be regulated by the State.[22]
Article 25 (2b) uses the term "Hindus" for all classes and sections of Hindus, Jains, Buddhists and Sikhs.[23] Sikhs and Buddhists objected to this wording that makes many Hindu personal laws applicable to them.[23] However, the same article also guarantees the right of members of the Sikh faith to bear a Kirpan.[24] Religions require no registration. The government can ban a religious organisation if it disrupts communal harmony, has been involved in terrorism or sedition, or has violated the Foreign Contributions Act. The government limits the entry of any foreign religious institution or missionary and since the 1960s, no new foreign missionaries have been accepted though long term established ones may renew their visas.[25]Many sections of the law prohibit hate speech and provide penalties for writings, illustrations, or speech that insult a particular community or religion.[citation needed]
Some major religious holidays like Diwali (Hindu), Christmas (Christian), Eid (Muslim) and Guru Nanak's birth anniversary (Sikh) are considered national holidays. Private schools offering religious instruction are permitted while government schools are non-religious.[26]
The government has set up the Ministry of Minority Affairs, the National Human Rights Commission (NHRC) and the National Commission for Minorities (NCM) to investigate religious discrimination and to make recommendations for redressal to the local authorities. Though they do not have any power, local and central authorities generally follow them. These organisations have investigated numerous instances of religious tension including the implementation of "anti-conversion" bills in numerous states, the 2002 Gujarat violence against Muslims and the 2008 attacks against Christians in Orissa.[27]
For Shia Muslims, the Grand Ashura Procession In Kashmir where they mourn the martyrdom of Husayn ibn Ali has been banned by the Government of Jammu and Kashmir from the 1990s. People taking part in it are detained, and injured[28] by Jammu and Kashmir Police every year.[29] According to the government, this restriction was placed due to security reasons.[29] Local religious authorities and separatist groups condemned this action and said it is a violation of their fundamental religious rights.[30]
Post-independence state laws
The Article 25 of the Indian Constitution is a basic human right guarantee (see Articles 18 and 19 of the Universal Declaration of Human Rights) that cannot be subverted or misinterpreted in any manner.[31] Anti-conversion laws are promulgated on the premise that forced or induced conversions happen and need to be prevented.
A consolidation of various anti-conversion or so-called "Freedom of Religion" Laws has been done by the All Indian Christian Council.[32][33] Several Indian states passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. Orissa was the first state to bring such law named as 'Orissa Freedom of Religion Act, 1967'.[34] It was followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978.[35]:385 Christians protested against this saying that propagation of their faith was an important part of Christianity. Both laws enacted by the Orissa and Madhya Pradesh high courts were challenged stating Article 25 of the Constitution. The Supreme Court supported the laws saying, "What is freedom for one is freedom for the other in equal measure and there can, therefore, be no such thing as a fundamental right to convert any person to one's own religion".
Chhattisgarh in 2000 and Gujarat State in 2003 passed anti-conversion laws that prohibit forced or money induced conversions.[35]:385[36][37] In July 2006, the Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one month's notice, or face fines and penalties.[38] In August 2006, the Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate.[39] In February 2007, Himachal Pradesh became the first Congress Party-ruled state to adopt legislation banning illegal religious conversions.[40] It was followed by Rajasthan in 2008, but it has still not become an act. So total there are 10 states where freedom of religion bill has become an act- Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana,Himachal Pradesh, Uttarakhand, Uttar Pradesh and Jharkhand.
In 2013, the Bharatiya Janata Party general secretary Venkaiah Naidu has declared that his party would bring anti-conversion laws nationwide if his party is elected to power in 2014.[35]:385 However, as of January 2018, the party does not yet have a majority in the Upper House of the Parliament. The president of party Amit Shah has challenged the opposition parties to support it in enacting such a law.[41] The US State Department has said that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual increase in ideological Hindu nationalism (Hindutva).[42]
Madhya Pradesh Freedom of Religion Act of 1968
The Niyogi Committee (1954) set up by the Congress government in Madhya Pradesh alleged that Christian missionaries were creating 'a state within a state' and observed that the 'philanthropic activities of Christian missionaries are a mask for proselytization.'[43] Missionary work was also opposed by the Sangh Parivar. The Madhya Pradesh Assembly rejected the Freedom of Religion Bills of 1958 and 1963. However, this bill was passed in 1968 as 'The Freedom of Religion Act.' The Madhya Pradesh 'Freedom of Religion Act' requires that a convert produce a legal affidavit that s/he was not under any pressure, force, or allurement to convert but was converting by own will and desire after evaluating the religion properly. Also according to this law, anyone who writes or speaks or sings of 'divine displeasure' (with an intention to induce forced conversion by means of threat) can be imprisoned for a period of up to two years and fined up to five thousand rupees.
Orissa Freedom of Religions Act of 1967
The Orissa Freedom of Religions Act of 1967 states that "no person shall convert or attempt to convert either directly or otherwise any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion". Contravention of this law was punishable with imprisonment of up to one year and/or a fine of up to Rs 5,000. In the case of a minor, a woman, or a person belonging to a Scheduled Caste or Tribe, the punishment was up to two years of imprisonment and the limit of the fine raised to Rs. 10,000. The Orissa High Court, however, struck down the Act as ultra vires of the Constitution on the ground that the state legislature did not have the right to legislate matters of religion. The same year, the state of Madhya Pradesh also enacted the Madhya Pradesh Freedom of Religion Act as seen above. However, the Madhya Pradesh High Court, in contrary to the Orissa High Court, negated the challenge of some Christians that the Act violated their fundamental right as provided under Article 25 of the Constitution. The decisions of both the Courts were challenged before the Supreme Court. The Supreme Court upheld the decision of the Madhya Pradesh High Court and reversed the decision of the Orissa High Court.[44]
Arunachal Pradesh Freedom of Religion Act of 1978
The Arunachal Pradesh government enacted this Act to protect the tribals of Arunachal Pradesh from forced conversions of any kind. It reads:
3) Prohibition of forcible conversion. No person shall convert or attempt to convert, either directly or otherwise any person from indigenous faith by use of force or by inducement or any fraudulent means nor shall any person abet any such conversion. 4) Punishment of Contravention of the Provision of Section. Any person contravening the provisions contained in Section 2, shall without prejudice to any civil liability, be punishable with imprisonment to the extent of two (2) years and fine up to ten thousand (10, 000) rupees. (i) whoever converts any person from his indigenous faith to any other faith or religion either by himself performing the ceremony for such conversion as a religious priest or by taking part directly in such ceremony shall, within such period after the ceremony as may be prescribed, send an intimation to the Deputy Commissioner of the District to which the person converted belongs, of the fact of such conversion in such forms as may be prescribed.[45]
Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002
The Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002 stated that 'No person shall convert or attempt to convert directly or otherwise any person from one religion to another either by use of force or by allurement or by any fraudulent means.' However, soon after the defeat of the Bharatiya Janata Party-led coalition in the 2004 elections, the Tamil Nadu Government led by Jayalalitha repealed the law in June.[44]
The Gujarat Assembly passed the Freedom of Religion Act in March 2003. It was called the Dharam Swatantrata Vidheya (Freedom of Religion Act). Narendra Modi, the Chief Minister of the State, called the Act as one of the main achievements of his government's one year in office. The law prohibited conversion by force or inducement.[44]
Himachal Pradesh Freedom of Religion Act 2006
Himachal Pradesh Freedom of Religion Act 2006 is a bill unanimously passed by the Legislature of Himachal Pradesh state in India on 19 December 2006. According to Chief minister Virbhadra Singh, "The Bill was intended to prevent forcible conversions. Conversions created resentment among several sections of the society and also inflame religious passions leading to communal clashes," he said. He claimed the Bill was meant to prevent exploitation of the depressed classes. On 20 February 2007, Governor Vishnu Sadashiv Kokje gave his assent to the Himachal Pradesh Freedom of Religion Bill 2006.[46]
Jharkhand Freedom of Religion Act, 2017
Jharkhand passed an anti-conversion law in 2017.[47]
Uttarakhand Freedom of Religion Act, 2018
Uttarakhand passed an anti-conversion law in 2018.[48]
The Haryana Prevention of Unlawful Conversion of Religion Bill-2022
The Haryana State Assembly passed the Haryana Prevention of Unlawful Conversion of Religion Bill, 2022, against religious conversion by allurement, coercion or fraudulent means.[51]
2020s
According to a Pew Research report from 2021, across India, most people (84%) say that to be “truly Indian” it is very important to respect all religions, and that respecting other religions is an important part of being a member of their own religious community (80%). Further, people in all six major religious groups (Hindus, Muslims, Christians, Sikhs, Buddhists, Jains) overwhelmingly said they are very free to practice their faiths, and most say that people of other faiths also are very free to practice their own religion.[52]
In 2022, the country was scored 2 out of 4 for religious freedom.[53]
Further reading
Madhya Pradesh (India)., & Niyogi, M. B. (1956). Vindicated by time: The Niyogi Committee report on Christian missionary activities. Nagpur: Government Printing, Madhya Pradesh.
Shourie, Arun. (2006). Missionaries in India: Continuities, changes, dilemmas. New Delhi: Rupa. ISBN9788172232702
Shourie, A. (2006). Harvesting our souls: Missionaries, their design, their claims. New Delhi: Rupa.
Shourie, A. (2006). Indian controversies: Essays on religion in politics. New Delhi: Rupa & Co. ISBN978-8190019927
Shourie, A. (2012). World of fatwas or the sharia in action. Harpercollins India.
Swarup, D. (1986). Politics of conversion. Delhi: Deendayal Research Institute.
Sharma, A. (2014). Hinduism as a missionary religion. New Delhi: Dev Publishers & Distributors.
Related Research Articles
Religious conversion is the adoption of a set of beliefs identified with one particular religious denomination to the exclusion of others. Thus "religious conversion" would describe the abandoning of adherence to one denomination and affiliating with another. This might be from one to another denomination within the same religion, for example, from Protestant Christianity to Roman Catholicism or from Shi'a Islam to Sunni Islam. In some cases, religious conversion "marks a transformation of religious identity and is symbolized by special rituals".
Religious intolerance is intolerance of another's religious beliefs, practices, faith or lack thereof.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
Freedom of religion in Pakistan is formally guaranteed by the Constitution of Pakistan for individuals of various religions and religious sects.
Pakistan has five major ethno-regional communities in Pakistan: Baloch, Muhajir, Punjabis, Pushtuns and Sindhis, as well as several smaller groups. There are also religious and sectarian groups such as Ahmadis, Christians, Hindus, Kalasha, Parsis and Sikhs, and Shia Muslim sects including Ismailis and Bohras.
Forced conversion is the adoption of a religion or irreligion under duress. Someone who has been forced to convert to a different religion or irreligion may continue, covertly, to adhere to the beliefs and practices which were originally held, while outwardly behaving as a convert. Crypto-Jews, Crypto-Christians, Crypto-Muslims and Crypto-Pagans are historical examples of the latter.
Jainism is considered to be a legally distinct religion in India. A section of scholars earlier considered it as a Hindu sect or a Buddhist heresy, but it is one of the three ancient Indian religions. On 27 January 2014, the Government of India explicitly awarded the status of a "minority religion" to the Jain community in India, as per Section 2(c) of the National Commission for Minorities (NCM) Act (NCM), 1992.
Religion in India is characterised by a diversity of religious beliefs and practices. Throughout India's history, religion has been an important part of the country's culture and the Indian subcontinent is the birthplace of four of the world's major religions, namely, Buddhism, Hinduism, Jainism, and Sikhism, which are collectively known as native Indian religions or Dharmic religions and represent approx. 83% of the total population of India.
Rev Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611, is a matter where the Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore upheld the constitutional validity of the laws enacted by Madhya Pradesh and Odisha legislatures prohibiting conversion by force, fraud or allurement.
Religious violence in India includes acts of violence by followers of one religious group against followers and institutions of another religious group, often in the form of rioting. Religious violence in India has generally involved Hindus and Muslims.
Anti-Christian violence in India is religiously motivated violence against Christians in India. Human Rights Watch has classified violence against Christians in India as a tactic used by the right-wing Sangh Parivar organizations to encourage and exploit communal violence in furtherance of their political ends. The acts of violence include arson of churches, conversion of Christians by force, physical violence, sexual assaults, murders, rapes, and the destruction of Christian schools, colleges, and cemeteries.
Religious violence in Odisha consists of civil unrest and riots in the remote forest region surrounding the Kandhamal district in the western parts of the Indian state of Odisha.
The Constitution of Bangladesh includes secularism as one of the four fundamental principles, despite having Islam as the state religion by 2A. Islam is referred to twice in the introduction and Part I of the constitution and the document begins with the Islamic phrase Basmala which in English is translated as “In the name of Allah, the Beneficent, the Merciful” and article (2A) declares that :"Islam is the state religion of the republic". Bangladesh is mostly governed by secular laws, set up during the times when the region was ruled by the British Crown.
Nepal is a secular state under the Constitution of Nepal 2015, where "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial.
Love jihad is an Islamophobic conspiracy theory promoted by right-wing Hindutva activists. The conspiracy theory purports that Muslim men target Hindu women for conversion to Islam by means such as seduction, feigning love, deception, kidnapping, and marriage, as part of a broader demographic "war" by Muslims against India, and an organised international conspiracy, for domination through demographic growth and replacement.
Bal Patil was a Jain scholar, journalist, social activist and Jain minority status advocate from Mumbai, Maharashtra. He was appointed as a member of State Minority Commission by the Govt. of Maharashtra from 2001 to 2004. He was the Secretary-General of All India Jain Minority Forum, New Delhi—a position he held until his death—and was an ardent advocate of minority status for Jainism. The Jain minority cause gained prominence when he petitioned the Supreme Court of India for the recognition of Jain religious minority status on par with other Indian minorities as per the two recommendations by the National Minorities Commission. He was also the first non-medical President of the National Society for the Prevention of Heart Disease & Rehabilitation, Mumbai. He has also authored many books on Jainism and presented several papers at various seminars and conferences.
Religious discrimination in Pakistan is a serious issue for the human rights situation in modern-day Pakistan. Christians, Hindus, Sikhs, Shias, and Qadiyanis among other religious minorities often face discrimination and at times are even subjected to violence. In some cases Christian churches and the worshippers themselves have been attacked. Although, there is very little record of this. Khawaja Nazimuddin, the 2nd Prime Minister of Pakistan, stated: "I do not agree that religion is a private affair of the individual nor do I agree that in an Islamic state every citizen has identical rights, no matter what his caste, creed or faith be".
The status of religious freedom in Asia varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020, referred to as the Love Jihad law by most of the media, is an anti-conversion law enacted by the Government of Uttar Pradesh, India. The Uttar Pradesh state cabinet cleared the ordinance on 24 November 2020 following which it was approved and signed by state Governor Anandiben Patel on 28 November 2020.
Anti-conversion laws, or anti-conversion legislations, are a set of judicial rules that restrict or prohibit conversion of faith (proselytism) from one religion to another. It is a federal law in countries such as Algeria, Bhutan, Myanmar, and Nepal. They are meant to prevent forced conversion of individuals to different religions, and offences are punishable by imprisonment and fine. Sri Lanka has prepared its legislation, but has not yet enacted it. Pakistan had introduced the Prohibition of Forced Conversion Bill 2021 that was rejected by its Ministry of Religious Affairs in 2021.
↑ "Population Enumeration Data". Government of India, Ministry of Home Affairs. 2011. Archived from the original on 22 May 2016. Retrieved 17 December 2016.
↑ Sundar Raj, Ebe (1998). The Confusion Called Conversion. New Delhi: TRACI. p.4.
↑ Iyadurai, Joshua (28 May 2010). "the step model of transformative religious experiences: a phenomenological understanding of religious conversions in india". Pastoral Psychology. 60 (4): 505–521. doi:10.1007/s11089-010-0287-6. S2CID146562025.
↑ "Archived copy". www.constitution.org. Archived from the original on 18 January 2003. Retrieved 13 January 2022.{{cite web}}: CS1 maint: archived copy as title (link)
↑ The Constitution of India, Right to Freedom of religion, Article 25 | "Archived copy"(PDF). Archived from the original(PDF) on 9 September 2014. Retrieved 2011-09-03.{{cite web}}: CS1 maint: archived copy as title (link)
1 2 3 Osuri, Goldie (2013). "The Concern for Sovereignty in the Politics of Anti-conversion". Religion Compass. 7 (9): 385–393. doi:10.1111/rec3.12064.
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