INDIA
USCIRF–RECOMMENDED FOR COUNTRIES OF PARTICULAR CONCERN (CPC)
KEY FINDINGS
I
n 2020, religious freedom conditions in India continued their
negative trajectory. The government, led by the Bharatiya Janata
Party (BJP), promoted Hindu nationalist policies resulting in systematic, ongoing, and egregious violations of religious freedom. In
early 2020, the passage of the religiously discriminatory Citizenship
(Amendment) Act (CAA)—a fast track to citizenship for non-Muslim
migrants from Afghanistan, Bangladesh, and Pakistan residing in
India—led to nationwide protests against the CAA and spurred
state and nonstate violence, largely targeting Muslims.
In February, the worst Hindu-Muslim mob violence in more
than three decades erupted in Delhi. More than 50 people died
and 200 others were injured, mostly Muslims. Mobs sympathetic
to Hindu nationalism operated with impunity, using brutal force
to single out Muslims, attack mosques, and destroy homes and
businesses in majority-Muslim neighborhoods. The Delhi Minorities
Commission investigated and found that the violence and allegations of police brutality and complicity were “seemingly planned
and directed to teach a lesson to a certain community which dared
to protest against a discriminatory law.” Citing COVID-19 concerns,
in March police cleared the Shaheen Bagh protest in Delhi—a
peaceful sit-in that had lasted more than 100 days and was led by
Muslim and non-Muslim women protesting the CAA.
In conjunction with a proposed National Register of Citizens
(NRC) requiring all residents to provide documentation of citizenship, the CAA could subject Muslims, in particular, to “statelessness,
deportation or prolonged detention.” The northeastern state of
Assam provides a chilling example: in 2019, a statewide NRC was
implemented in Assam that ultimately excluded 1.9 million residents (both Muslims and Hindus) from the citizenship register.
In some cases, families who had resided in India for generations
were excluded; in other cases, a family member was included on
the citizenship register while another was not. The consequences
of exclusion—as exemplified by a large detention camp being built
in Assam—are potentially devastating and underscore concerns
about the impact such laws may have if extended to other states or
nationwide. USCIRF highlighted this weaponization of citizenship
laws and the potential for atrocities in a March hearing.
Another set of policies raising significant concerns—and too
often resulting in violence—are the efforts to prohibit interfaith
marriages or relationships using the false narrative of “forced conversion.” In late 2020, Uttar Pradesh, India’s most populous state,
passed an ordinance voiding any marriage conducted for the “sole
purpose of unlawful conversion or vice-versa.” Similar legislation
was approved in Madhya Pradesh and is being pushed in several
states, including Haryana, Assam, and Karnataka. Hindu nationalist
groups also launched inflammatory campaigns decrying interfaith
relationships or engagements, including calling for boycotts and
censorship of media depictions of interfaith relationships. These
efforts targeting and delegitimizing interfaith relationships have led
to attacks and arrests of non-Hindus and to innuendo, suspicion,
and violence toward any interfaith interaction.
In September, the Indian Parliament amended the Foreign
Contribution Regulation Act (FCRA) to increase restrictions on
nongovernmental organizations (NGOs), further stifling civil society
and forcing religious organizations and human rights organizations,
including those advocating for religious freedom, to shut down.
Amnesty International India closed operations in October after
authorities froze its bank account.
At the beginning of the COVID-19 pandemic, disinformation and hateful rhetoric—including from government
officials—often targeted religious minorities, continuing familiar
patterns. Disinformation and intolerant content have emboldened
intimidation, harassment, and mob violence in recent years, including numerous instances of violence mainly against Dalits, Muslims,
Christians, Adivasis, and other religious communities.
Government action—including the acquittal of all individuals
accused of demolishing the Babri Masjid mosque—as well as government inaction to address religious violence contributed to a culture of
impunity for those promulgating hate and violence toward religious
minorities. At the same time, the government cracked down on those
expressing dissent, including detaining and even accusing individuals
of sedition for their actual or perceived criticism of the CAA and other
governmental (in)actions. United Nations (UN) officials expressed
concern over the government’s repression of criticism.
RECOMMENDATIONS TO THE U.S. GOVERNMENT
• Designate India as a “country of particular concern,” or CPC, for engaging in
and tolerating systematic, ongoing, and
egregious religious freedom violations,
as defined by the International Religious
Freedom Act (IRFA);
• Advance human rights of all religious communities in India and promote religious
freedom and dignity and interfaith dialogue through bilateral and multilateral
forums and agreements, such as the ministerial of the Quadrilateral; and
• Impose targeted sanctions on individuals
and entities responsible for severe violations of religious freedom by freezing
those individuals’ or entities’ assets and/or
barring their entry into the United States;
• Condemn ongoing religious freedom
violations and support religious organizations and human rights groups being
targeted for their advocacy of religious
freedom.
22 U S C I R F | A N N U A L R E P O R T 2 0 2 1
The U.S. Congress should:
• Continue to raise religious freedom
concerns in the U.S.-India bilateral relationship and highlight concerns through
hearings, briefings, letters, and congressional delegations.
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