India is the world’s largest democracy, with a rich tradition of secular pluralism. Its estimated population exceeds 1.3 billion: 79.8 percent Hindu, 14.2 percent Muslim, 2.3 percent Christian, and 1.7 percent Sikh. Smaller religious groups include Buddhists, Jains, Baha’is, Jews, Zoroastrians (Parsis), and nonreligious persons. India’s constitution establishes the nation as secular, and Article 25 grants all individuals freedom of conscience, including the right to practice, profess, and propagate religion. Yet, in recent years, the BJP-led government has challenged the secular principles of the constitution by implementing laws and policies at the national and state levels promoting Hindu nationalism, thereby posing severe challenges to freedom of religion or belief and related rights. Throughout 2020, the national and state governments’ perpetration and toleration of these systematic, ongoing, and egregious violations led to increasing repression of religious freedom and a growing climate of hostility and violence toward religious minorities, human rights advocates, and others speaking out against such violations. Anti-Conversion Laws Despite India’s constitutional protections for religious freedom, approximately one-third of India’s 28 states limit or prohibit religious conversion to protect the dominant religion from perceived threats from religious minorities. While the new legislation in Uttar Pradesh and Madhya Pradesh targets interfaith marriage in particular, several other states prohibit conversion based on vague criteria, including force, inducement, allurement, coercion, fraud, or misrepresentation. These anti-conversion laws are too often the basis for false accusations, harassment, and violence against non-Hindus that occur with impunity. In 2020, for example, mobs—fueled by false accusations of forced conversions—attacked Christians, destroyed churches, and disrupted religious worship services. In many cases, authorities did not prevent these abuses and ignored or chose not to investigate pleas to hold perpetrators accountable. This contributed to increased mob attacks and a fear of reprisal against those coming forward. Religious minorities remain concerned about the potential for a national anti-conversion law and additional state-level statutes. Disinformation and Incitement of Violence Targeting Religious Minorities Government officials and nonstate actors continued to use social media and other forms of communication to harass and spread hatred and disinformation against minority communities, including Muslims, Christians, and Dalits. Experts suggest that in 2020, pervasive disinformation about the CAA protests and the COVID-19 pandemic specifically targeted religious minorities and marginalized communities, disproportionately affecting women. Dalits, who have long faced religious-based discrimination in all aspects of life, experienced heightened harassment and discrimination during the COVID-19 pandemic. Additionally, false information—aided with images sent via social media—have implicated religious communities in cow slaughter and other alleged offenses, resulting in more than 120 cases of significant violence. The fervor around cow slaughter continues to take root in policy: in December, the state of Karnataka revised an earlier bill to impose fines and imprisonment for the transport, sale, and purchase of cattle for slaughter. Religious Freedom in Jammu and Kashmir In Muslim-majority Jammu and Kashmir, restrictions on freedom of movement and assembly negatively impacted religious freedom, including the observance of religious holy days and the ability to attend prayers. The shutdown of the internet for nearly 18 months— the longest-ever shutdown in any democracy—and other restrictions on communications caused significant disruption and limited religious freedom. Closing Space for Civil Society through the FCRA and Other Laws Throughout 2020, members of civil society, including human rights advocates and media reporting on religious freedom violations, faced intimidation and harassment. Government officials used the Unlawful Activities Prevention Act (UAPA) and other statutes to detain advocates, media, and academics, including religious minorities. The national government has taken several steps to limit engagement and support of NGOs, especially religious and human rights organizations. The FCRA regulates the inflow of foreign funds to NGOs. In September, the FCRA was amended to place further restrictions on NGOs, including reducing the amount of foreign funds that could be used for administrative expenses and requiring that accounts be held in a government-designated bank. In recent years, government officials have revoked or suspended the FCRA licenses of thousands of NGOs, including numerous Christian and other religious and human rights organizations. Key U.S. Policy In 2020, the United States and India strengthened their relationship, especially in security and defense. In February, then President Donald J. Trump visited India, highlighting the growing relationship. In October, then Secretary of State Michael R. Pompeo traveled to India for the third U.S.-India 2+2 Ministerial Dialogue, where the two governments signed the Basic Exchange and Cooperation Agreement. Several members of Congress have expressed concern about the CAA and other human rights-related issues in India. For example, Senator Robert Menendez (D-NJ), Ranking Member of the Senate Foreign Relations Committee, urged the administration to “engage the Indian government at the highest levels on these concerns, press for a swift reversal of these policies and practices, and ensure protection of the human rights of all persons in India regardless of their religion.” KEY USCIRF RESOURCES & ACTIVITIES • • • • Hearing: Citizenship Laws and Religious Freedom Hearing: Combatting Online Hate Speech and Disinformation Targeting Religious Communities Issue Brief: The Religious Freedom Implications of the National Register of Citizens in India Factsheet: The Citizenship (Amendment) Act in India U S C I R F – R E C O M M E N D E D F O R C O U N T R I E S O F PA R T I C U L A R C O N C E R N ( C P C ) 23 INDIA Background