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Predictable counter: On India’s reaction to U.S. reportage on religious persecution

Context

• The government of India rejected the recommendations of the US Commission on International Religious Freedom’s (USCIRF) 2023 report, calling it biased and motivated.

Right to Freedom of Religion

The Constitution of India guarantees the right to freedom of religion to not only individuals but also religious groups in India. This is enshrined in Articles 25 to 28.

• Article 25: It guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens.
• Article 26: This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.
• Article 27 : According to Article 27 of the Constitution, there can be no taxes, the proceeds of which are directly used for the promotion and/or maintenance of any particular religion/religious denomination.
• Article 28: This article permits educational institutions that are maintained by religious groups to disseminate religious instruction

USCIRF

• USCIRF is an independent, bipartisan US federal government commission, dedicated to defending the universal right to freedom of religion or belief abroad.
• It is an advisory body to the US Congress.
• It is Headquartered in Washington DC.
• Established by the US government after the inaction of the International Religious Freedom Act (IRFA), 1998 the recommendations of USCIRF are non-binding on the state department.
• Traditionally, India does not recognize the view of USCIRF.

Concerns Raised About India

• Concerns About Certain Laws and Policies: The report highlights concern regarding certain laws and policies in the country that have been criticized for their potential to discriminate on the basis of religion.
• These include laws related to conversion, interfaith relationships, hijab, and cow slaughter, as well as the Citizenship (Amendment) Act, 2019 and the National Register of Citizens (NRC) All of these, it alleges, have not impacted minorities in a favorable way.
• Measures Affecting Freedom of Expression: It raises concerns about alleged measures that may have impacted critical voices, particularly those belonging to religious minorities.
• These include surveillance, harassment, property demolition, and detention under the Unlawful Activities Prevention Act (UAPA), 1967. Some Non-Governmental organizations (NGOs) have also been subject to scrutiny under the Foreign Contribution Regulation Act (FCRA), 2010.
• India as a CPC: It has criticized the US State Department for not having designated India as a Countries of Particular Concern (CPC) and has called for sanctions on Indian government agencies and officials.

Impact on India

• Since the recommendations of USCIRF are not completely binding on the State Department of the USA, it does not directly affect India. But it certainly maligns India’s image at international level regarding the religious freedom to its citizens.
• So far, the State Department of the USA has remained silent on such recommendations. India may face increased pressure as a result of its disagreement with the US on Russia’s Ukraine Invasion and refusal to support US-backed UN resolutions against Russia.

Way ahead

• All the convergent opinions of the world run through Indian society – Hindu, Muslim, Christian, Secular, Stalinist, Liberal, Moist, Democratic, Socialist and Gandhian. India’s massive population is diverse as well as devout.
• Not only do most of the world’s Hindus, Jains and Sikhs live in India, but it also is home to one of the world’s largest Muslim populations and to millions of Christians and Buddhists.
• The role of the courts in India in determining the ambit of the right to freedom of religion is more active as compared to that in the United States.
• The multiplicity of religions in India warrants the need for an exhaustive enumeration of restrictions to the right to religion as compared to the United States where the society is comparatively less diverse.
• The government must find more comprehensive ways to repudiate any unfounded and incorrect challenges to India’s reputation, and remediate in the areas it is found wanting.