International
Religious Freedom Report 2006
Released by the Bureau of Democracy,
Human Rights, and Labor
http://www.state.gov/g/drl/rls/irf/2006/71440.htm
Despite the UPA Government's rejection
of "Hindutva," the ideology that
espouses politicized inculcation of Hindu religious
and cultural norms
above other religious norms, the ideology continued
to influence
governmental policies and societal attitudes in
some regions at the state
and local levels.
Released on September 15, 2006
The constitution provides for freedom of religion,
and the Government generally respected this right
in practice. However, the Government sometimes
did not act swiftly enough to counter effectively
societal attacks against religious minorities
and attempts by some leaders of state and local
governments to limit religious freedom. This resulted
in part from legal constraints on national government
action inherent in the country's federal structure
and from shortcomings in its law enforcement and
justice systems, although courts regularly upheld
the constitutional provision of religious freedom.
Despite Government efforts to foster communal
harmony, some extremists continued to view ineffective
investigation and prosecution of attacks on religious
minorities, particularly at the state and local
level, as a signal that they could commit such
violence with impunity, although numerous cases
were in the courts at the end of the reporting
period.
While the National Government took positive steps
in key areas to improve religious freedom, the
status of religious freedom generally remained
the same during the period covered by this report.
The United Progressive Alliance (UPA) continued
to implement an inclusive and secular platform
based on respect for the country's traditions
of secular government and religious tolerance,
and the rights of religious minorities. Terrorists
attempted to provoke religious conflict by attacking
Hindu Temples in Ayodhya and Varanasi. The Government
reacted in a swift manner to rein in Hindu extremists,
prevent revenge attacks and reprisal, and assure
the Muslim community of its safety. The Government
also quelled religious violence in Vadodara, Gujarat,
after protests over the demolition of a Muslim
shrine threatened to spark Hindu-Muslim violence.
The National Human Rights Commission (NHRC) continued
monitoring ongoing legal battles surrounding the
2002 Gujarat riots.
Despite the Government's 2005 action to withdraw
controversial textbooks espousing a Hindu nationalist
agenda, continuing problems with biased textbooks
in some states led the Government to take further
action by recommending the formation of a National
Textbook Council to ensure such books no longer
appear in the curriculum.
Despite the UPA Government's rejection of "Hindutva,"
the ideology that espouses politicized inculcation
of Hindu religious and cultural norms above other
religious norms, the ideology continued to influence
governmental policies and societal attitudes in
some regions at the state and local levels. However,
"Hindutva"-based policies could not
be implemented without passing court review to
determine whether they were consistent with the
principles enshrined in the country's secular
constitution.
In March 2006, the Government of Rajasthan passed
an anti-conversion bill. However, by the end of
the period covered by this report, it had not
taken effect, since it was not approved by the
governor and continued to await presidential review.
In August 2005, the Nanavati commission, tasked
with conducting a re-inquiry into the anti Sikh
riots of 1984, released its report. The report
cited several prominent Congress party leaders
for complicity in the violence and implicated
law enforcement personnel in the deaths, accusing
them of refusing to perform their duty to maintain
law and order. Minister Jagdish Tytler and Member
of Parliament Sajjan Kumar were indicted in the
report for purportedly leading the rioters. After
the report's release, Tytler resigned from his
post in the Ministry of Overseas Affairs and Kumar
resigned from the Delhi Rural Development Board,
but no formal punishment had been handed down
by the end of the period covered by this report.
The Government also set up two committees to disburse
financial compensation promised by Prime Minister
Singh to the victims' families. The Government
approved an extra $158 million (7 billion INR)
in compensation: $7,800 (350 thousand INR) for
every family member killed and $2,800 (125 thousand
INR) for those injured.
A formal judicial resolution to the 2002 Gujarat
violence remained uncertain. However, there were
significant developments during the period covered
by this report, most notably convictions in the
Best Bakery case. In February 2006, a Mumbai court
gave life sentences to nine persons convicted
for their role in the death of fourteen persons
who took refuge in the bakery. All nine were among
twenty-one individuals acquitted by a Vadodara
fast-track court almost three years ago. Of the
remaining twelve, eight were acquitted and four
were "in hiding". In response to a supreme
court mandate, in February 2006, the Gujarat police
stated that it would reinvestigate 1,600 of the
approximately 2,000 cases that were filed and
closed in 2002. In March 2006, the Banarjee Commission
report stated that the Godhra train fire was an
accident.
The vast majority of Indians of every religious
faith lived in peaceful coexistence; however,
tensions between religious groups were a problem
in some areas. While the Government took some
steps, violence directed against minorities by
both state and non-state actors occurred in several
states.
Terrorists continued deadly attacks against religious
targets. In July 2005, they attacked the Ram Hindu
temple complex in Ayodhya. In October 2005, terrorists
attacked markets throughout Delhi on the eve of
the Hindu festival of Diwali and the Muslim Eid
festival. In March 2006, terrorists also bombed
Delhi's Jama Masjid mosque, injuring five, and
a prominent Hindu temple in Varanasi, killing
at least twenty-one and injuring sixty-two others.
Terrorists also killed thirty-five Kashmiri Hindus
in two massacres in May 2006.
Hindu-Muslim tension continued over disputed places
of worship claimed by both groups to be sacred
sites. There were instances of politically-manipulated
religious tension in Aligarh, Uttar Pradesh and
Vadodara, Gujarat in early 2006. Police and state
authorities took appropriate steps to end the
violence and curb mob actions.
Conversion continued to be a highly contentious
issue. Some Hindu organizations and others frequently
alleged that Christian missionaries lured converts,
particularly from the lower castes, with offers
of free education and healthcare, and equated
such actions with forced conversions. Some Christian
groups alleged that Hindu groups forcibly "reconverted"
those who had embraced Christianity. Several state
governments, most recently the Government of Rajasthan,
enacted laws to criminalize coerced and/or fraudulent
conversions. Some nongovernmental organizations
(NGOs) claimed some state governments used these
laws to restrict voluntary conversions and to
harass religious minorities.
The U.S. government discussed religious freedom
issues with the Government as part of its overall
policy to promote human rights. The U.S. Embassy
and its consulates promoted religious freedom
in their discussions with the country's senior
leadership, as well as with state and local officials,
and supported initiatives to encourage religious
and communal harmony. During meetings with key
leaders of all significant religious communities,
U.S. officials discussed reports of ongoing harassment
of minority groups, converts, and missionaries,
explained U.S. government policies around the
world, and endeavored to better understand Indian
religious attitudes towards the United States.
Embassy officers continued to investigate and
discuss religious freedom incidents of concern
such as violence in Gujarat, the implementation
and reversal of anti-conversion legislation, attacks
on places of worship, caste-based discrimination,
and the plight of internally displaced Hindu Kashmiris.
Section I. Religious Demography
The country has an area of 1.3 million square
miles and a population of 1.03 billion. According
to the 2001 Government census, Hindus constituted
80.5 percent of the population, Muslims 13.4 percent,
Christians 2.3 percent, Sikhs 1.8 percent, and
others, including Buddhists, Jains, Parsis (Zoroastrians),
Jews, and Baha'is, 1.1
percent. Slightly more than 90 percent of Muslims
were Sunni; the rest were Shi'a. Buddhists included
followers of the Mahayana and Hinayana schools,
and there were both Roman Catholic and Protestant
Christians. Tribal groups (members of indigenous
groups historically outside the caste system),
which in government statistics generally were
included among Hindus, often practiced traditional
indigenous religions (animism). Hindus and Muslims
were spread throughout the country, although large
Muslim populations were found in the states of
Uttar Pradesh, Bihar, Maharashtra, West Bengal,
Andhra Pradesh, Karnataka, and Kerala, and Muslims
were the majority in Jammu and Kashmir. Christians
were concentrated in the northeast, as well as
in the southern states of Kerala, Tamil Nadu,
and Goa. Three small northeastern states (Nagaland,
Mizoram, and Meghalaya) had large Christian majorities.
Sikhs were a majority in the state of Punjab.
The country's 200 million dalits (formerly called
"untouchables"), constituted 21-25 percent
of the population. However, it was difficult to
accurately determine how many Indians fell within
this category, since the Indian census did not
ask respondents for caste status. Over the years,
many lower caste Hindus, dalits, and non-Hindu
tribal groups converted to other faiths to escape
widespread discrimination and achieve higher social
status. However, those from lower castes and dalits
often continued to be viewed by both their new
coreligionists and by Hindus through the prism
of caste. Converts were regarded widely as retaining
the caste of their ancestors, and caste identity,
whether or not acknowledged by a person's own
religion, had an effect on marriage prospects,
social status, and economic opportunity. Historical
stratification structures in the country also
affect Muslims, Christians, and Sikhs, resulting
in discrimination between coreligionists based
on caste.
Immigrants, primarily from Bangladesh, Sri Lanka,
and Nepal, practiced various religions and tended
to concentrate in the border regions near these
countries.
According to the Catholic Bishop's Conference
of India, there were approximately one hundred
registered foreign Christian missionaries (both
Catholic and Protestant) in the country, most
over the age of seventy. Buddhist, Muslim, and
Hindu missionaries also operated. Foreign rabbis
also regularly visited and participated in religious
ceremonies for the very small Jewish population,
estimated at fewer than 5 thousand individuals.
Section II. Status of Religious Freedom
Legal/Policy Framework
The constitution provides for freedom of religion,
and the National Government generally respected
this right in practice; however, some state and
local governments restricted this freedom.
The country is a secular state with no official
religion. The country's political system is federal,
according state governments exclusive jurisdiction
over law enforcement and the maintenance of order,
which has limited the national government's capacity
to deal directly with abuses of religious freedom.
The country's national law enforcement agency,
the Central Bureau of Investigation (CBI), cannot
investigate a crime committed in a state without
the state government's permission. However, the
national government's law enforcement authorities,
in some instances, have intervened to maintain
order when state governments were reluctant or
unwilling to do so.
The opposition Bharatiya Janata Party (BJP) held
power in eight states. Its political platform
called for the construction of a Hindu temple
on the site of a mosque in Ayodhya destroyed by
a Hindu mob in 1992; the repeal of Article 370
of the constitution, which grants special rights
to the state of Jammu and Kashmir, the country's
only Muslim majority state; the enactment of a
Uniform Civil Code that would apply to members
of all religious groups; and the enactment of
state-level anti-conversion legislation in all
states in the country. The BJP was one of a number
of offshoots of the Rastriya Swayamsevak Sangh
(RSS), a Hindu nationalist organization. The BJP,
the RSS, and other affiliated organizations (collectively
known as the Sangh Parivar) claimed to respect
and tolerate other religious groups; however,
the RSS in particular opposed conversions from
Hinduism and believed that all citizens, regardless
of their religious affiliation, should adhere
to Hindu cultural values. The RSS has been implicated
in incidents of violence and discrimination against
Christians and Muslims.
The NHRC and the National Commission for Minorities
(NCM) are governmental bodies created to investigate
allegations of discrimination and make recommendations
for redress to the relevant local or national
government authorities. Although NHRC recommendations
do not have the force of law, central and local
authorities generally follow them.
In January 2006, in an effort to build bridges
with minority communities, the UPA Government
set up a Ministry for Minority Affairs and appointed
former Maharashtra Chief Minister, A. R. Antulay,
as its first minister. The ministry's charter
included overall policy planning, coordination,
evaluation and review of the Government's regulatory
and developmental programs intended to benefit
minority communities.
The NCM and NHRC intervened in several high profile
cases, including the 2002 anti-Muslim violence
in Gujarat and other instances of communal tension,
the enactment of anti-conversion legislation in
several states, and incidents of harassment and
violence against minorities.
Although religious groups were not required to
register with the Government, all foreigners,
including missionaries, must register with the
local police station before working in the country.
A number of federal and state laws regulate religious
life in the country. These include the Foreign
Contribution Regulation Act (FCRA) of 1976, several
state anti-conversion laws, the Unlawful Activities
Prevention Act of 1967, the Religious Institutions
(Prevention of Misuse) Act of 1988, India's Foreigners
Act of 1946, and the Indian Divorce Act of 1869.
The Government may ban religious organizations
that provoke intercommunity friction, have been
involved in terrorism or sedition, or have violated
the FCRA, which restricts the disbursement of
foreign funds to missionaries and religious organizations,
both foreign and local. Some organizations complained
that the FCRA prevented them from properly financing
humanitarian and educational activities.
The states of Arunchal Pradesh, Chattisgarh, Madhya
Pradesh, and Orissa have laws against forcible
conversions. Gujarat and Tamil Nadu have inactive
anti-conversion laws or bills awaiting accompanying
regulations needed for enforcement. In 2006, the
Rajasthan state assembly passed a law against
forcible conversion, which is pending approval
by the governor and cabinet. However, the National
Government can intervene to prevent states from
taking action if it determines that such moves
pose a threat to national integrity and communal
harmony or violate the spirit of the constitution.
The Orissa Freedom of Religion Act of 1967 requires
the state government to submit a monthly report
specifying the number of conversions that have
taken place in the state. It also requires that
potential converts inform the district magistrate
of pending conversions and that local police officers
conduct an inquiry to determine whether a proposed
conversion is legitimate and submit a report to
state authorities. There were no reports of district
magistrates denying permission for conversions
or of convictions under OFRA during the period
covered by this report.
Under current provisions in Chattisgarh and Madhya
Pradesh, a conversion offense is punishable with
imprisonment for a maximum of two years, and a
maximum fine of $220 (10 thousand INR).
The Gujarat anti-conversion law prohibits conversion
by force or allurement; however, the law had not
been implemented by the end of the period covered
in this report.
On March 26, 2006, the Rajasthan State Assembly
passed an anti-conversion bill, which continued
to await approval by the state governor and ratification
by the state cabinet. At the end of the reporting
period, the bill could not be implemented since
the governor had sent the bill to the president
of the country for comment. The
proposed law prohibits "conversion from one
religion to another by the use of force or allurement
or by other fraudulent means," and defines
allurement as "any gift or gratification,
either cash or kind."
Reportedly, there were approximately twenty arrests
in Madhya Pradesh under the state's anti-conversion
law during the reporting period. There were no
convictions and all those arrested were released
on bail. There were no available official figures
for other states; however, reports from faith-based
NGOs and the media indicated that there were four
arrests in Andra Pradesh, fourteen in Chhattisgarh,
twenty-eight in Madhya Pradesh, two in Orissa,
and one in Uttar Pradesh during the period covered
by this report.
In November 2004, the Government amended the Unlawful
Activities Prevention Act (UAPA) of 1967 to correct
excesses contained in the controversial Prevention
of Terrorism Act (POTA), often criticized by Muslim
groups as a tool used to target them. Despite
its 2004 repeal, POTA contains a sunset feature,
which gives the Central POTA Review Committee
a year to review all existing POTA cases. This
clause allows the Government to make new arrests
if they are tied to existing POTA cases. The Government
can issue a new indictment on a case opened years
ago under POTA, even against a person never previously
associated with the case. It can also extend the
one-year limit for reviews. The UAPA empowers
the Government to ban religious organizations
that provoke intercommunity friction, have been
involved in terrorism or sedition, or violated
the 1976 FCRA. The UAPA was applied intermittently
and no religious organizations were banned under
UAPA during the reporting
period.
The Religious Institutions (Prevention of Misuse)
Act of 1988 makes it an offense to use any religious
site for political purposes or to harbor persons
accused or convicted of crimes.
Since 2000, Uttar Pradesh's "Religious Buildings
and Places Bill" has required a permit endorsed
by the state government before the construction
of any religious building.
Legislation in West Bengal requires a district
magistrate's permission before the construction
of a place of worship.
The Tamil Nadu Government continued to actively
work to strengthen Hindu institutions. In 2005,
Chief Minister Jayalalithaa extended the government-aided
free meal program to include Christian churches.
Previously, it was limited to Hindu temples and
mosques.
There is no national law barring a citizen or
foreigner from professing or propagating religious
beliefs; however, speaking publicly against other
beliefs is deemed dangerous to public order and
is prohibited by the country's Foreigners Act.
This act strictly prohibits visitors on tourist
visas from religious preaching without permission
from the Ministry of Home Affairs. The Government
forbids foreign missionaries of any faith from
entering the country without prior clearance,
and expels those who perform missionary work without
the correct visa. Long-established foreign missionaries
generally can renew their visas, but the Government
has not admitted new resident foreign missionaries
since the mid-1960s.
A number of cable and satellite television networks
dedicated to religious programming operated in
the country without difficulty.
In an attempt to combat communal violence, the
Government introduced the Communal Violence (Prevention,
Control and Rehabilitation of Victims) Bill of
2005 on November 26. If passed, the bill would
double fines and prison terms, allocate funds
for rehabilitation, and provide compensation to
victims.
On May 5, 2005, to prevent communal forces from
upsetting peace and harmony, parliament amended
the Code of Criminal Procedure, Section 144 to
allow district magistrates to ban the use of trishuls
in any procession or gathering. In 2003, the Congress-led
government in Rajasthan banned trishul distribution,
while allowing their use in religious places and
functions.
The Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act of 1989 lists offenses against
disadvantaged persons and provides for stiff penalties
for offenders; however, this act has had only
a modest effect in curbing abuse due to victims'
fears of retaliation if they accused high-caste
members of committing atrocities. Intercaste violence
was especially pronounced in Uttar Pradesh, Bihar,
Rajasthan, Madhya Pradesh, Tamil Nadu, and Andhra
Pradesh, and reportedly claimed hundreds of lives.
Human rights NGOs alleged that caste violence,
which crossed religious lines, remained at prior
years' levels.
Article 17 of the constitution outlawed untouchability
in 1950 and the Government continued to implement
"reservations" for dalits in public
sector employment and education. There were more
than 50 percent "reservation" in some
areas.
According to a 2004 NCM report, 24 percent of
government jobs were reserved for members of Scheduled
Castes and Scheduled Tribes, including dalits.
Benefits accorded dalits were revoked once they
converted to Christianity or Islam, but not to
Buddhism or Sikhism.
Christian groups filed a court case demanding
that converts to Christianity and Islam enjoy
the same access to "reservations" as
other dalits. The case was appealed to the supreme
court, which had not ruled by the end of the period
covered by this report.
On January 4, 2006, the supreme court upheld an
earlier high court decision to provide a five
percent quota for Muslims in education and government
jobs in Andra Pradesh. The new "reservations"
increased the number of reserved jobs and positions
in educational institutions to 51 percent and
excluded Muslims who had already benefited from
"reservations" or who were successful
in their own right. Previously, the state had
added Muslims to its list of backward classes,
which included castes and classes not included
in the constitution that,
while not subject to systematic caste discrimination,
have less social mobility and economic advantages
than other castes. This category included former
untouchables who converted from Hinduism to other
religions, nomads, and tribes people.
Although the constitution specifies that the Buddhist,
Jain, and Sikh faiths are different from the Hindu
religion, interpretations by Hindu nationalist
groups have defined them as Hindu sects. Such
interpretations have been contentious, particularly
for the Sikh community, many of whose leaders
viewed Sikhism as a unique religion,
distinct from Hinduism. Sikhs have sought a separately
codified body of law to recognize this distinction
legally and preclude ambiguity. The supreme court
rejected the inclusion of Jains under the NCM
Act, stating that the practice of adding new religious
groups as minorities should be discouraged, although
the NCM in May 2006 stated again that Jains and
Kashmiri Pandits should be accorded minority status.
The court decreed that increasing social divisions
along religious lines would be detrimental, and
the country, which was already heavily stratified
by class, should attempt to move away from such
separation.
There are different personal status laws for the
various minority religious communities, and the
legal system accommodates religion-specific laws
in matters of marriage, divorce, adoption, and
inheritance. Muslim personal status law governs
many non-criminal matters, including family law
and inheritance.
On May 2, 2005, in response to concerns about
the improper use of the triple talaq (the ability
of a husband to divorce his wife by repeating,
"I divorce thee" three times), the All-India
Muslim Personal Law Board (AIMPLB) adopted new
talaq guidelines, stating that men should use
a reversible single talaq followed by a three-month
waiting period known as the iddat. The guidelines
also call for the husband to pay compensation
to the wife's family in case of divorce, equality
in property rights, protection against physical
and emotional abuse of wives by their husbands,
and assurances that remarried women will be able
to maintain contact with their families.
In April 2006, the supreme court overruled a fatwa
(decree) issued by local clerics which demanded
that, against their will, a couple live separately
after an inebriated husband gave talaq to his
wife. The Jamiat ul Ulema (religious leaders)
threatened to excommunicate the couple if they
remained together, and criticized the supreme
court for hurting Muslim religious sentiments
after it intervened in the case.
The AIMPLB asserted that fatwas are only opinions
and therefore are not binding on any person in
an attempt to convince the supreme court that
a legal prohibition against the issuance of fatwas
was not necessary.
The Indian Divorce Act of 2001 limits inheritance,
alimony payments, and property ownership of persons
from interfaith marriages and prohibits their
use of churches to celebrate marriage ceremonies
in which one party is a non-Christian. Clergymen
who contravene its provisions could face up to
ten years' imprisonment. However, the act does
not bar interfaith marriages in other places of
worship.
The Government permits private religious schools,
but does not permit religious instruction in government
schools. The supreme court ruled that the Government
can prescribe merit-based admission for religious
colleges that receive public funding, while those
that do not may use their own criteria, including
religious affiliation.
Many Hindu sects have established their own schools,
although they did not receive aid from the state.
Most Islamic madrassahs did not accept government
aid, alleging that it would subject them to stringent
security clearance requirements.
In 2003, the West Bengal Government brought the
undergraduate and post-graduate sections of madrassahs
under the higher education department of the state
while promising to extend college status to the
Calcutta Madrassah. The Government also decreed
that the state's Public Service Commission would
hire madrassah teachers and introduced new subjects
like economics, computer science, and political
science into their curriculum.
In the country, school textbooks were published
by the Government's National Council of Education
Research and Training (NCERT) and were uniformly
used in government and private schools and printed
in various languages. In March 2005, the Government
released new NCERT textbooks which they asserted
were more accurate and restored the secular character
of education.
In June 2004, an NCERT panel reviewed forty-seven
new textbooks prepared by the Directorate of Education
in Delhi and determined that they had poor content,
shoddy presentation, and significant amounts of
irrelevant information. It recommended that the
books not be introduced until the defects were
corrected, which, according to NCERT, would be
ready by the 2007-2008 academic year. NCERT, upon
a recommendation from the NCM, also withdrew four
textbooks during the year for "factual distortions."
In July 2005, the Central Advisory Board of Education
(CABE) released a report on textbooks used in
schools that did not follow the Central Board
of Secondary Education (CBSE) syllabus and were
not approved by NCERT. The report stated that
some textbooks used in private schools affiliated
with religious bodies propagated a narrow, often
communal view of the world. In October 2005, the
Human Resource Development Ministry proposed the
creation of a National Textbook Council to monitor
school textbooks produced outside of the NCERT
system. By the end of the reporting period, the
council had not been formed.
On December 16, 2004, parliament passed a bill
creating the National Commission for Minority
Education Institutions to resolve disputes involving
allegations of discrimination against minority
schools. In March 28, 2006, a legislative act
empowered the commission to investigate complaints
regarding violations of minority rights, including
the right to establish and administer educational
institutions.
The Government maintained a list of banned books
that may not be imported or sold in the country
because they contain material that governmental
censors deem inflammatory and could provoke communal
or religious tensions. In March and April 2006,
the Rajasthan Government banned the books Haqeeqat
(The Truth) and Ve Sharm Se Hindu Kahate Hain
Kyon? (Why do they say with shame they are Hindus?)
because they disparaged Hinduism.
In September 2005, the Calcutta High Court lifted
the ban on Split in Two in response to a petition
by the Association for Protection of Democratic
Rights (APDR).
The board continued to refuse a censor certificate
to the film Chand Buz Gaya, featuring a character
resembling controversial Gujarat Chief Minister
Narendra Modi.
The major holy days of the country's major religious
groups are considered national holidays, including
Good Friday and Christmas (Christian); the two
Eids (Muslim); Lord Buddha's birthday (Buddhist);
Guru Nanak's Birthday (Sikh); Dussehra, Diwali
and Holi (Hindu); and the Birthday of Lord Mahavir
(Jain).
Restrictions on Religious Freedom
No religious organizations were banned under UAPA
during the reporting period. The Government renewed
the ban on the Student Islamic Movement of India
in February 2006 for the third time. In 2001,
the Government banned the Muslim group Deendar
Anjuman for "fomenting communal tension"
and actions "prejudicial to India's security."
In 2003, the Government extended the ban for another
two years, and in 2005, extended it until 2007.
In April 2006, the Government of Gujarat refused
to renew the service contract of five Catholic
nuns, whose order had been caring for lepers in
a government hospital for fifty-seven years.
Legislation in West Bengal requires a district
magistrate's permission before construction of
a place of worship. Anyone intending to convert
a personal place of worship into a public one
is also required to obtain the district magistrate's
permission.
Unlike in previous years, there were no reports
of widespread distribution of trishuls, a Hindu
symbol that was sometimes used to intimidate non-Hindus.
In May 2005, the Vishwa Hindu Parishad (VHP) and
Bajrang Dal handed out approximately 500 trishuls
at a ceremony in Nimapara, Orissa.
In 2005, the Kerala Bar Council's Enrollment Committee
denied membership to two nuns and a priest, arguing
that it could not grant membership to those in
religious vocations. The Kerala High Court ruled
against the committee on November 7, 2005, stating
that religious vocation could not disqualify an
individual from practicing law.
The Congress Party of Assam set aside thirty-four
state assembly tickets for Muslim candidates during
the period covered by this report. In January
2005, the Assam Congress Minority Cell demanded
that the party allot at least three additional
tickets to Christian candidates. Christians comprised
4 percent of Assam's population and had no "reservations."
In 2003, the Tamil Nadu Government ordered the
Christian Medical College of Vellore to accept
government-sponsored candidates into 40 percent
of its school seats, in violation of constitutional
guarantees given to unaided minority institutions.
The supreme court, while permitting the hospital
to follow its prior admission policy, directed
the Government of Tamil Nadu to form a committee
to look into the question of admission procedures
followed by privately funded minority education
institutions. In 2004, the state government constituted
a committee, but the supreme court had not issued
a verdict by the end of the reporting period.
In January 2005, the Gujarat Charity Commissioner
sent letters mainly to Christian faith-based charities
asking for their financial statements from the
preceding ten years, claiming that he was acting
at the behest of the Government of Gujarat. The
law governing charities only requires the submission
of annual reports. Most charities objected to
the measure and were excused.
Unlike in previous years, the Gujarat police conducted
no illegal surveys of Christians during the period
covered by this report.
During the period covered by this report, press
reports documented the activities of Christian
missionaries who entered on tourist visas and
illegally proselytized. Their activities led to
a public outcry and calls for the Government to
enforce existing laws more rigidly. U.S. citizens
accused of religious preaching while visiting
the country as tourists were expelled and faced
difficulties obtaining permission to return for
up to a decade after the event.
On June 11, 2005, residents of a slum in a Mumbai
suburb assaulted four missionaries leading a vacation
Bible school. The four departed the country on
June 12. No formal charges were filed for the
assault or against the missionaries for violating
the FCRA. On June 13, four other missionaries
with tourist rather than missionary visas were
deported for conducting religious activities.
On October 18, 2005, the Times of India reported
that a mob attacked two Americans in the Antantnag
district of Kashmir who were preaching Christianity.
Police intervened and rescued them.
Workers from Christian relief organizations continued
to report that bureaucratic obstacles prevented
them from renewing their visas.
Missionaries and foreign religious organizations
must comply with the FCRA, which limits overseas
assistance to certain NGOs, including ones with
religious affiliations. There were no reports
of religious-based relief operations related to
the 2004 tsunami being hampered by the requirement.
Abuses of Religious Freedom
While the National Government has not been implicated
in abuses of religious freedom, human rights activists
criticized it for alleged indifference and inaction
in the face of abuses committed by state and local
authorities and private citizens. Weak enforcement
of laws protecting religious freedom was partly
due to an overburdened, outmoded, and corrupt
judiciary. The legal system had many years of
backlog, and all but the most prominent cases
moved slowly.
A federal system in which state governments have
jurisdiction over law and order within their borders
contributed to the National Government's ineffectiveness
in combating religiously based violence directly.
The
only national law enforcement agency, the CBI,
is required to secure state government permission
before investigating a crime in the affected state.
States often delayed or refused to grant such
permission.
Although discrimination based on caste is officially
illegal, it remained ubiquitous, stratifying almost
every segment of society. Many members of lower
castes were relegated to the most menial of jobs
and had little social mobility, although a segment
of the lower castes had achieved success in many
fields of endeavor. Some dalits and other low
caste members converted in an attempt to escape
caste-based discrimination.
In October 2004, Amnesty International (AI) called
for the perpetrators of the 1984 anti-Sikh violence
that occurred after the assassination of then
Prime Minister Indira Gandhi by her Sikh bodyguards
to be brought to justice. AI stated that only
a small minority of police officers responsible
for the 1984 human rights violations had been
prosecuted.
In 2004, persons involved in the 1984 riots were
sentenced to three years' imprisonment for looting.
In May 2005, a Delhi court sentenced five individuals
to life imprisonment for murder and, also in May,
the Delhi High Court ruled that the Government
was liable for its failure to "protect the
life and liberty of its citizens" and must
pay $2,860 (123,000 INR) to all persons injured
during the riots, an increase from the previous
amount of $46 (2,000 INR) per victim. In another
riot-related case which had not come to trial
by the end of reporting period, on June 28, 2005,
a Delhi city court charged five men for stabbing
a Sikh policeman, his son, and another relative.
The Nanavati commission, tasked with conducting
a re-inquiry into the massacre, released its report
in August 2005. It cited several prominent Congress
party leaders for complicity in the violence and
highlighted law enforcement culpability in the
deaths due to a deliberate lack of action. It
noted that only one policeman was convicted for
committing atrocities during the riots. Minister
Jagdish Tytler and Member of Parliament Sajjan
Kumar were indicted in the report. Tytler resigned
from parliament and Kumar resigned from the Delhi
Rural Development Board after its release, but
at year's end no formal punishment resulted from
the report. The Government set up two committees
to provide compensation to the victims' families.
However, during the reporting period, the NCM
criticized the Government for failure to open
cases against Tytler, Kumar, or any police officers
on duty during the riots.
The Home Ministry reported that a communal riot,
which took place between May and October 2005
in Mau, Uttar Pradesh, left seven persons dead
and thirty-six injured, including eight police
officers. On October 17, 2005, the Uttar Pradesh
Government convened a three-member committee to
determine the cause of the riots. On October 19,
2005, the police filed charges against BJP politicians
Mukhtar Ansari and Ramji Singh for inciting communal
discord. The Government instituted a curfew on
the town and directed paramilitary forces to the
area to stop the violence. On November 20, 2005,
the committee reported that BJP Member of Parliament
Yogi Adityanath had a role in instigating the
communal clashes, but no charges were filed against
him by the end of the period covered by this report.
Outbreaks of politically-manipulated religious
tension in Uttar Pradesh and Vadodara, Gujarat,
in early 2006 did not spread after police and
state authorities took timely steps to end the
violence and curb mob actions.
In April 2006, communal clashes between Hindu
and Muslim residents of Aligarh, Uttar Pradesh,
stemming from the use of loudspeakers during a
religious festival resulted in two deaths and
eight injuries. An NCM investigation determined
that the Uttar Pradesh administration initially
did not take appropriate steps to prevent the
violence. The police have launched a judicial
inquiry.
On May 1, 2006, despite the Muslim community's
request that authorities preserve a 300-year-old
shrine in Vadodara, Gujarat, and declare it a
heritage site, the Vadodara Municipal Corporation
demolished the shrine, alleging that it obstructed
traffic. While attempting to disperse a mob that
had gathered to protest the demolition, the Gujarat
police killed two Muslims. In reaction, members
of the Muslim community threw stones and set four
shops on fire. On May 1, 2006, the Home Ministry
asked the Gujarat Government to control the situation,
and deployed paramilitary forces to assist local
security personnel. On May 3, 2006, the Government
applied a curfew and deployed the army. The NCM
urged the state government to ascertain if police
firing was
unavoidable and if the decision to destroy the
shrine was justified. The media reported that
six persons were killed and forty-two injured,
sixteen as a result of police fire, and that on
May 3, 2006, a crowd defying the curfew killed
a Muslim man by setting him on fire.
In February 2005, activists from the Hindu nationalist
Bajrang Dal attacked and beat a group of Christians
in Kota, Rajasthan, while attending a Christian
graduation ceremony, and subsequently set up checkpoints
to harass Christians attempting to leave by bus.
The victims claimed that the local government
sided with the attackers, and allowed assaults
against 275 persons. The district government stated
it ended the harassment and arrested thirty-seven
Bajrang Dal members. A two-person NCM team investigated
the incident and negotiated a peace agreement.
In February 2006, members of the Bajrang Dal and
Shiv Sena forced their way into a church belonging
to Emmanuel Ministries International (EMI), a
Christian charitable institution, in Kota, Rajasthan,
and burned an
effigy of its founder on the rooftop. Local Hindus
alleged that EMI used monetary inducements and
charity to encourage conversions and distributed
the book, Haqeeqat, (The Truth) to denigrate Hinduism.
Hindu nationalists in Rajasthan publicized the
alleged connection between EMI, the offensive
book, and conversions, and pressed for anti-conversion
legislation in the state assembly.
EMI officials asserted that, while their library
had a copy of Haqeeqat , they did not condone
its offensive message and have since removed the
book. Numerous sources in Rajasthan contradicted
EMI's claim regarding
the book and asserted that EMI deliberately distributed
it widely. Authorities held EMI President Samuel
Thomas in judicial custody from March 17 to May
2, 2006, when he was released on bail, under a
law that criminalizes hurting the religious sentiments
of any religion. Thomas was later charged with
sedition on May 14, 2006, for the use of a map
on an EMI affiliated website that did not include
Jammu and Kashmir as part of the country. EMI
asserted that the charges constituted ongoing
harassment by the state government.
In February 2006, the Rajasthan state Government
froze all EMI assets, citing the group for its
failure to properly file its tax documents. However,
on June 26, 2006, the Jaipur High Court overturned
the state government's actions and ruled that
all EMI bank accounts be opened. Human rights
groups noted that such tax errors were commonplace.
Religious press outlets reported that on June
15, 2006, in Kasa, Maharashtra, policemen verbally
and physically abused four tribal Christians who
tried to follow up on a First Information Report
(FIR) lodged on June 8, 2006. The FIR alleged
that members of the local Tribal Welfare Committee
assaulted Christians. Subsequently, the four were
charged with breach of the peace. Following a
complaint by a human rights organization, a police
inquiry into the case was ordered, resulting in
the removal of one police officer. No further
action had been taken by the end of the period
covered by this report.
Religious press outlets reported that on April
16, 2006, in Bathinda, Punjab, a group of approximately
five Hindu extremists led by the RSS broke up
an Easter Day event at the home of a member of
the "House of Prayer," an independent
Christian denomination, warning its members not
to hold further meetings and vandalizing some
of the property. When the pastor attempted to
register a FIR, the Senior Superintendent of Police
(SSP) reprimanded him for his Christian activities
and told him that he required permission from
the district magistrate to hold this event. On
May 4, 2006, after Delhi All-India Christian Council
(AICC) leaders contacted the superintendent, he
recanted and permitted the services. Two Shiv
Sena members and another man were arrested for
the raid, but were released the same day.
In the Balmikinagar jungles bordering Nepal, police
and the RSS accused missionaries and Oraon tribal
Christians of "links" with the Maoist
Communist Center (MCC). As a result, in June 2005,
police detained and questioned two priests regarding
alleged MCC ties, while ordering others to leave
the area. During the previous reporting period,
police detained more than one hundred Oraon tribespeople,
expelling a number of them from the area. There
were no reports of further detentions during the
year.
There was continued concern about the failure
of the Gujarat Government to arrest and convict
those responsible for the widespread communal
violence in 2002 following the burning in Godhra
of the Sabarmati Express train, in which fifty-nine
men, women, and children died. Home Ministry figures
released in May 2005 indicated that, in the days
following the train burning, 790 Muslims and 254
Hindus were killed, and 2,500 others were injured.
Some NGOs maintained the number of Muslims killed
was higher than official estimates, with figures
ranging anywhere from 1,000 to 2,500 dead. There
were also reports that Muslim women were subjected
to rape, gang rape, and molestation. Reportedly,
approximately 10 thousand families continued to
be internally displaced and government-provided
services remained inadequate.
In March 2006, a government-established commission
headed by Justice Banerjee determined that the
train fire was an accident rather than a criminal
conspiracy, as alleged by the Government of Gujarat.
The report categorically ruled out a Muslim conspiracy,
noting that local Muslims helped douse the fire.
The commission also reported that the then railway
minister and the Railway Safety Commission failed
to adequately investigate the possibility that
the fire was accidental. The Gujarat Government
rejected the report, and the VHP accused the
Banerjee Commission of political bias. Legal challenges
to the commission still pending in the Gujarat
High Court have prevented the release of its report
to parliament.
The Government of Gujarat established the Nanavati-Shah
judicial commission to investigate the train fire
and the subsequent violence, but the supreme court
stayed its report in May and by the end of the
period covered by this report, the report had
not been made public.
In February 2006, in response to a supreme court
inquiry, the state government ordered the reopening
of 1,242 of 2,108 cases that the Government had
dropped because it could not substantiate the
charges. The Gujarat police pledged to reinvestigate
1,600 cases. The total number of cases registered
in connection with the Gujarat violence was 4,256.
According to the Gujarat police chief, the Gujarat
police registered 13 new riot-related cases and
arrested 640 accused between August 2004 and February
2006. However, accused individuals were acquitted
in several more cases during the reporting period
because of lack of evidence or changes in testimony.
In 2005, the Government of Gujarat established
"fast track" courts to overcome delays
and ensure access to justice for riot victims,
resulting in some convictions. On October 24,
2005, five persons were sentenced to life imprisonment
for the murder of a Muslim youth in Halol and
for the murder of eleven Muslims in the Panchmahal
district of Gujarat during the riot period. Others
were sentenced to three years' imprisonment and
ordered to pay a fine of $11 (500 INR) each. A
local court acquitted 107 of 113 persons arrested
for killing 2 Muslims in the post-Godhra riots
and, in February 2006, a local court indicted
39 police officers for riot-related conduct.
In April 2004, the supreme court ordered the retrial
of the Bilkis Bano case and Best Bakery case in
Mumbai courts outside the purview of the Government
of Gujarat. It also stayed the trial of ten other
major cases until the two retrials were completed.
There were no developments in the Bilkis Bano
case during the period covered by this report
and on February 24, 2006, a special court in Mumbai
convicted nine persons of the murder of fourteen
Muslims in the Best Bakery case and sentenced
them to life in prison. The court acquitted another
eight accused in connection with the case.
Many human rights groups continued to argue that,
despite the Best Bakery verdict, those responsible
for the 2002 Gujarat violence would go unpunished.
On June 22, 2005, Central POTA Review Committee
recommended that POTA charges be dropped against
many Muslims in connection with the Gujarat violence
due to insufficient evidence; however, at the
end of the reporting period the charges were still
in effect.
Unlike in previous years, there were no reports
of intimidation and harassment of witnesses during
the reporting period.
In March 2005, Gujarat police detained at least
400 persons to prevent Hindu-Muslim clashes during
the Shi'ite Muslim day of mourning (Muharram);
the same month, Muslims called off a Muharram
procession in Vadodara to prevent potential clashes
with Hindus. No updates on these events were available
during the reporting period.
Since an organized insurgency erupted in Jammu
and Kashmir in 1989, there have been numerous
reports of human rights abuses by security forces
and local officials, including execution-style
killings, beatings, rapes, and other physical
abuse. Terrorist groups have also perpetrated
atrocities against civilians, including car bombings,
forced housing of terrorists, executions, and
sexual assaults. Retaliatory killings by terrorists
were also common. Terrorists have also routinely
targeted and killed minority Hindu members of
the Pandit (Hindu Brahmin) community since 1989,
resulting in their mass exodus from Kashmir to
refugee camps in Jammu or other parts of the country.
On April 30 and May 1, 2006, terrorists rounded
up and shot thirty-five Hindu residents of remote
Jammu villages. The executions were allegedly
punishment for the villagers' participation in
the April 24, 2006, state assembly elections.
Government forces denied allegations of excessive
use of force and asserted that they targeted persons
not on the basis of religion but of involvement
in terrorist activity or suspicion of terrorist
links. For their part, terrorists killed and otherwise
attacked hundreds of Hindu and Muslim civilians,
including Kashmiri Muslims and Hindus, during
the period covered by this report.
It remained difficult to separate religion and
politics in Kashmir; Kashmiri separatists were
predominantly Muslim, and almost all the higher
ranks as well as most of the lower ranks in the
Indian military forces stationed there were non-Muslim.
The vast majority of the Jammu and Kashmir police
force of 61 thousand was Muslim. Kashmiri Hindus
remained vulnerable to violence. Most lived in
refugee camps outside of the valley awaiting safe
return. In 2003, for the first time in fourteen
years, the Jammu and Kashmir Government allowed
a procession of separatist groups to mark the
anniversary of the Birth of the Prophet Muhammad.
It was held again in May 2004 and 2005.
Forced Religious Conversion
Four states have laws in place banning forced
religious conversion. Three other states have
inactive laws or bills that await accompanying
regulations before they can be enforced. Some
NGOs claimed state governments used these laws
to restrict voluntary conversions and to harass
religious minorities. The issue of conversion,
especially to Christianity, was highly contentious
in the country. Hindu nationalist organizations
frequently alleged that Christian missionaries
lured Hindus, particularly from lower castes,
with offers of free education and healthcare and
equated such actions with forced conversions.
Christians denied this, responding that low-caste
Hindus convert of their own free will and that
efforts by Hindu groups to "re-convert"
these new Christians to Hinduism were themselves
coercive. Arrests under these laws occurred during
the reporting period in several states. All arrested
were Christians. The Christian community contended
that the anti-conversion laws were applied in
a discriminatory manner and only enforced when
a person converted from Hinduism to another religion.
Religious press outlets reported that, in August
2004, Pastor Subas Samal and an associate were
arrested under Orissa's anti-conversion law and
spent six weeks in jail after leading a group
of Christians in Orissa back to their village,
from which they had been expelled by their non-Christian
neighbors. The pastor claimed he had attempted
to end the conflict and had never forced anyone
to convert.
In February 2005, the NCM urged the Governments
of Rajasthan and Maharashtra to immediately stop
forced reconversions of Christians and to protect
Christians and their property. The action was
in response to an attack on Christians in Kota
and calls by "Hindutva" supporters for
a social boycott against Christians who refused
to reconvert.
On May 1, 2005, the press reported that the VHP
in Bargarh, Orissa, reconverted 567 Christians.
The reconverted reportedly had signed affidavits
declaring their intention to change their faith
in keeping with the provisions of the Orissa Freedom
of Religion Act. A Christian community leader
in Orissa asserted that the reconversion was not
genuine and was staged by the VHP to keep the
communal issue alive. Religious press reported
that approximately 600 Christian dalit tribespeople
converted to Hinduism in Bijepur, Orissa, due
to VHP pressure.
On May 14, 2005, four Christian missionaries were
arrested in Brajarajnagar, Orissa, and charged
with forced conversion. They accused the missionaries
of using offers of financial assistance to propagate
Christianity. The missionaries had not received
permission to perform conversions in the area,
but were released the following day.
Religious press outlets reported that on July
10, 2005, police detained thirty-five members
of the Gosner Evangelical Lutheran Church in Ambikapur,
Chhattisgarh, for performing forced conversions.
All were released on July 11, 2005, but a FIR
was filed against two women.
Religious press outlets reported that on July
19, 2005, police arrested a Christian couple under
the Madhya Pradesh Freedom of Religion Act (MPFRA)
after their neighbors accused them of engaging
in "fraudulent conversion" activities.
They released the couple on bail within twenty-four
hours and were awaiting trial at the end of the
period covered by this report. On August 21, 2005,
a mob targeting the couple injured approximately
ten persons, including women and a two-year old
child.
Religious press outlets reported that on September
26, 2005, the pastor and eight members of a church
in Durg, Chhattisgarh, were convicted of fraudulent
conversion activities for offering money to Hindus
willing to convert.
Religious press outlets reported that on October
11, 2005, police arrested Sunny John under MPFRA
for allegedly engaging in fraudulent conversions
of children from poor Hindu families. John, who
runs three schools, was accused of converting
eleven children between the ages of five and ten.
Religious press outlets reported that on October
15, 2005, Hindu extremists attacked the annual
convention of a church in Raipur, Chhattisgarh,
alleging that the organizers had kidnapped tribespeople
for conversion. Police interrogated the tribespeople,
who denied the reports. Police did not press charges.
Religious press outlets reported that on November
18, 2005, police arrested Pastor Masih Das Rai
under the Freedom of Religion Act for performing
forcible conversions in Raipur, Chhattisgarh.
Members of a Hindu extremist group attacked the
pastor and twelve members of his church prior
to the arrest. Despite two applications for bail,
Pastor Rai remained in police custody at the end
of the period covered by this report.
Religious press outlets reported that on January
16, 2006, approximately fifteen Hindu extremists
attacked Pastor Kulamani Mallick, his wife, and
child, and set fire to their home in Matiapada,
Orissa. The extremists beat other Christians in
the village and destroyed seven houses, six of
which belonged to Christians. Pastor Mallick and
his cousin were subsequently arrested under the
Orissa Freedom of Religion Act. Five men were
charged with starting the fires and destroying
property.
Religious press outlets reported that on January
24, 2006, a group of up to 200 Hindu extremists
assaulted Pastor Ram Prakash and a number of others
for allegedly converting local persons to Christianity
in Ramchandrapur, Uttar Pradesh. Prakash was arrested
when he called the police to report the attack.
Reportedly, he was beaten while in police custody.
Prakash was released on bail, but was rearrested
for encouraging communal tension.
Religious press outlets reported that on January
26, 2006, police arrested three Christian leaders
belonging to the Church of the Nazarene in Jabalpur,
Madhya Pradesh, under MPFRA, and charged them
with forced conversion of tribespeople. According
to an NGO, the arrests were based on the affidavits
of twenty-three non-Christian tribespeople asserting
that they were forced by the leaders to attend
a Christian convention. The NGO contended that
the affidavits were themselves coerced by the
police.
Religious press outlets reported that on March
17, 2006, a group of men interrupted a prayer
meeting in Jabalpur, Madhya Pradesh, reportedly
questioning the participants, injuring six and
"sexually molesting" female trainees.
The attackers were also alleged to have destroyed
Bibles and damaged property. Police detained five
attackers, who were later released on bail, and
registered a case against the sponsor under MPFRA.
Religious press outlets reported that on April
5, 2006, in Naudara Bridge, Madhya Pradesh, a
Methodist high school was attacked by extremists
who accused the staff of forced conversions after
a former teacher filed a case of forcible conversion
against three staff members. The Madhya Pradesh
State Minorities Commission determined the accusation
to be false.
Religious press outlets reported that on April
7, 2006, in Jabalpur, Madhya Pradesh, extremists
beat approximately twenty-five Christians protesting
the arrest of seven Christians under MPFRA. The
attackers reportedly injured at least seven Christians
while police watched. No action was taken against
the perpetrators.
The AICC reported on April 20, 2006, that police
arrested two Christian women for attempting to
convert persons in the Jabalpur district of Madhya
Pradesh. The local superintendent of police alleged
that the two women were distributing material
urging Hindus to follow the Bible. The Christian
press also reported that on April 18, 2006, police
arrested Avinash Lal, an independent Pentecostal
pastor, and six other Christian leaders in the
same Madhya Pradesh district for conversion by
allurement and conducting illegal religious gatherings.
Religious press outlets reported that on May 1,
2006, in Gwarighat, Madhya Pradesh, police arrested
a social worker, Sunil Kumar Rao, of forcibly
converting children to Christianity in violation
of the state anti-conversion law. He was released
on bail.
Religious press outlets reported that on May 2,
2006, in Jabalpur, Madhya Pradesh, assailants
attacked Pastor Andreas Soni, a Pentecostal pastor,
as he distributed Christian literature. Subsequently,
the police arrested him under the state anti-conversion
law. He was later released on bail.
Religious press outlets reported that on May 14,
2006, in Gaur Nadi, Madhya Pradesh, approximately
fifty members of the Dharam Jagran Sena attacked
a church, beat a church member who had just converted
to Christianity, assaulted the pastor, and ordered
him to stop converting persons to Christianity.
The attackers accused the church of undertaking
forcible conversions and filed a formal complaint
against the pastor at the police station. He was
detained under MPFRA and was released after local
Christians paid his bail fee.
Religious press outlets reported that on June
18, 2006, in Kosa Nala, Chhattisgarh, approximately
twenty-five members of the Dharam Jagran Sena
raided the Hosanna Church during a service and
physically assaulted Pastor David Raj and his
wife. The assailants then took the pastor to the
police station where police detained him and arrested
his wife, charging them with forced conversions.
The couple was released on bail but had to report
regularly to the police for the duration of their
case, which was still pending by the end of the
period covered by this report.
Religious press outlets reported that on June
25, 2006, in Tirupati, Andhra Pradesh, a large
mob threatened four Missionaries of Charity nuns
distributing food to impoverished patients at
the Ruya Hospital and accused them of converting
persons to Christianity. Police subsequently arrested
the four nuns and released them after several
hours at the behest of the local diocesan bishop.
A case was registered against those who threatened
the nuns.
Persecution by Terrorist Organizations
Throughout the period covered by this report,
Jammu and Kashmir continued to be a focus of terrorist
violence. Terrorist adherents to a violent strain
of Islam committed atrocities against Hindus and
other Muslims, and security forces used targeted
but at times excessive force to suppress them,
with civilians frequently the main victims. The
deaths of suspected terrorists, almost all of
whom were Muslim, occurred frequently in police
custody, although the government of Chief Minister
Ghulam Nabi Azad was working to improve human
rights practices. Islamist terrorists forced the
overwhelming majority of Hindu Kashmiri Pandits
to flee their ancestral homes in the Kashmir Valley
in the late 1980s and early 1990s. Although 6,000
Pandits remained, more than several hundred thousand
have left since violence against Hindus began
in Jammu and Kashmir in the late 1980s. During
the conflict, terrorists demolished ancient Hindu
temples, destroyed religious artifacts, and desecrated
Hindu religious sites throughout the Kashmir valley.
In May 2005, terrorists threw grenades at a Christian
school in Srinagar, killing two women and wounding
sixty persons, including twenty-five children.
On May 22, 2005, militants detonated bombs at
two movie theaters in New Delhi, killing one and
injuring sixty during the screening of the Hindi
film Jo Bole So Nihal. Sikh groups objected to
the film, stating that it negatively portrayed
members of their religion. On May 31, 2005, police
announced the arrest of two Sikhs in Punjab on
suspicion of carrying out the attacks. Police
reported that the two men were members of the
Babbar Khalsa International (BKI) terrorist group.
On July 5, 2005, suspected Lashkar-e-Tayyiba (LET)
terrorists attacked a makeshift Hindu temple erected
amidst the ruins of the Babri Masjid in Ayodhya,
Uttar Pradesh. Indian security forces protecting
the site killed all the attackers.
Terrorists bombed the Jama Masjid, the country's
largest mosque located in Old Delhi, injuring
approximately a dozen persons in two explosions
that took place in quick succession on April 16,
2006. No group claimed responsibility.
LET terrorists killed at least thirty-five Hindus
on April 30 and May 1, 2006, in Jammu and Kashmir.
Terrorists struck two remote Hindu-dominated mountain
villages in Doda district, some 100 miles northeast
of Jammu, and shot and killed twenty-two Hindus.
On the same day, the bodies of nine Hindus were
recovered from neighboring Udhampur district.
Police stated the dead were Hindu cattle herders
reportedly kidnapped by suspected terrorists on
April 30, 2006.
Improvements and Positive Developments in Respect
for Religious Freedom
During the reporting period, the UPA introduced
legislation that would give New Delhi the power
to intervene in states in which the Government
refuses to take strong measures to end communal
outbreaks. The UPA also acted to increase the
powers of the human rights commission to investigate
abuse cases.
The Government acted forcibly to prosecute those
responsible for the Godhra attacks and win proper
compensation for the victims of the Delhi anti-Sikh
riots.
After the Mumbai terrorist attacks, the prime
minister and others deliberately stated that it
was not a case of "Muslim terrorism,"
told the nation to respect and protect innocent
Muslims, and praised Muslims for their patriotism.
The Government acted systematically to remove
"tainted" textbooks with communal bias
from schools and introduce secular, more objective
textbooks that seriously examine atrocities committed
against minorities in the country.
In Rajasthan, opposition parties marched with
Christians and Muslims to protest the BJP-sponsored
anti-conversion bill, and the Government condemned
it.
Speeches by the prime minister and some state
government officials promoted communal harmony
and the Government drafted a model comprehensive
law to deal with communal violence, appointed
activists to high-level positions responsible
for minority concerns, created a Commission for
Minority Educational Institutions to improve minority
access to education, established a national commission
to determine effective ways to improve the social
welfare of religious minorities, and created a
new Ministry for Minority affairs.
The UPA Government continued efforts to make statements
and implement campaign promises to improve religious
tolerance.
The NHRC and NCM continued to promote freedom
of religion during the period covered by this
report. Through their annual reports and investigations,
they focused attention on human rights problems
and, where possible, encouraged judicial resolutions.
In September 2005, the NCM convened a meeting
between prominent Hindu and Muslim leaders to
promote communal harmony and deepen understanding
and trust among their communities.
The NHRC also directed the Gujarat state Government
to entrust the investigation of certain Gujarat
cases to the CBI, to support NGOs working on behalf
of religious minorities and to reform the police.
On May 19, 2005, the Orissa High Court commuted
Dara Singh's death sentence to life imprisonment,
upheld the life sentence decision for one of his
accomplices, Mahendra Hembram, and acquitted the
other eleven defendants in the case of the killing
of Australian missionary Graham Staines and his
two minor sons. Singh has been charged with three
other murders and continued to face trial in those
cases. In October 2005, the supreme court accepted
an appeal by Dara Singh against his conviction
and life sentence, and also accepted the CBI's
appeal seeking capital punishment. The supreme
court had not heard either appeal by the end of
the period covered by this report.
In August 2005, the Government of Maharashtra
amended its 2000 State Minorities Commission Bill
to stipulate that the commission present its annual
report to the state parliament and required parliament
to report on actions taken as a result of the
commission's findings.
In response to the communal violence in Vadodara,
the supreme court on May 4, 2006, overturned a
Gujarat High Court order directing all municipal
corporations in the state to demolish places of
religious worship that were obstructing roads.
The supreme court's order stopped the ongoing
demolitions in Vadodara in order to prevent the
destruction of other mosques and the resulting
communal friction. The supreme court argued that
the Gujarat court had directed the police and
other authorities "to take immediate steps
to remove encroachments by religious structures
on public space without discrimination, and submit
their reports." The Government also noted
that the removal of religious structures was intrinsically
sensitive, and must be subjected to scrutiny and
classification before demolition.
Journalists and numerous NGOs noted that the Government's
response to the Vadodara violence was much improved
over its 2002 post-Godhra reaction. Journalists
noted that the Gujarat Government quickly appealed
for peace and local B |