Violations of Freedom of Religion

IPT 2.3 | June 2023 | Section 5
  • Police in Uttar Pradesh’s Lakhimpur Kheri registered a complaint for ‘rioting’ and ‘criminal trespass’ against twenty-eight Muslims on April 9th for offering namaz (prayer) in a building allegedly on state land. Three of those men have been named in the complaint, which was lodged by a local Hindu activist Ramgopal Pandey. 
  • On April 11th, three churches were demolished in BJP ruled Manipur in Imphal East district. Manipur has a 41% Christian population and the three churches: Evangelical Baptist Convention Church, Evangelical Lutheran Church Manipur and Catholic Holy Spirit Church were demolished days after the Manipur High Court vacated its order for a status quo on an order for eviction with the government claiming they were built on state land without permission. 
  • A wall of a 250-year-old mosque, along with a madrasa, were demolished by the New Delhi’s North Delhi Municipal Council, the Land and development Office and the Central Public Works Department on April 11th in New Delhi. The mosque officials have claimed that they received no prior notice about the demolition, violating due process. 
  • Indian Muslims have long celebrated the festival of Eid by offering congregational prayers in open spaces. However, these prayers are increasingly coming under attack by the state and non-state actors. In April, in various parts of Uttar Pradesh police registered cases against over 1000 Muslims who were offering namaz in open spaces, allegedly for damaging public property or under the Epidemic Act. 
  • The Jammu and Kashmir administration on April 14 disallowed congregational noon prayers on the occasion of Jummat-ul-alvida, the last friday of Ramadaan, at the historic Jamia Masjid in Srinagar. No statement was issued by the police on the closure of the mosque, but attendees said they were not allowed to pray in the mosque by security forces, and shopkeepers around the mosque were also told to shut down their shops. 
  • On April 26th, the shrine and grave of Sufi saint Syed Nanhe Miyan Chishti was demolished at New Delhi’s Mandi House. The caretaker said that he was informed of the demolition the prior night, which violates the due process to give adequate notice prior to a demolition. The caretaker said that he had all the requisite permissions for the shrine. Delhi, a UNESCO Heritage City, has many such historic shrines peppered along its roads and localities.  
  • In May, the Chief Minister of Assam, Himanta Biswa Sarma, claimed that his BJP government had closed 600 madarsas in the state. He added that his government intends to close all of them. Madarsas provide religious and secular education to Muslim students, which is a constitutional right guaranteed under Article 30. 

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The international borders between India, Pakistan and China are disputed and this map is for reference purposes only.

Sustained anti-minority rhetoric is leading to multiple attacks by private groups, on minority communities’ right to profess and practice their beliefs, as well as establish religious institutions. This includes rallies against churches and speeches against mosques. The incitement and impunity have led to attacks on minority institutions, some of which are mentioned below: 

  • Over a 120 churches were burned in the ethnic violence in Manipur in May. The violence has disproportionately targetted Christian Kukis, who protested against a High Court ruling allowing Hindu majority Meiteis scheduled tribe status and affirmative action benefits. 
  • A mosque was vandalised by an armed mob in village Sandal Kalan in Haryana’s Sonipat district on April 9th. A witness described a mob of over 30-35 people running towards the mosque with sticks and knives. The Rashtriya Sawayamsevak Sangh and the Vishwa Hindu Parishad are stoking religious animosity in the region, according to this report, with their leaders offering protection to the 19 people accused in the case. 
  • On April 9th, Muslims offering namaz in a mosque in Haryana’s Sonipat district were attacked unprovoked by Hindutva actors with sticks, injuring at least 9 people.   
1 – Arbitrary Deprivation of Life
2 – Arbitrary Detentions
3 – Torture and cruel, inhuman or degrading treatment
4 – Incitement to Discrimination, Hostility and Violence
5 – Violations of Freedom of Religion
6 – Discrimination in Access to Economic, Social, Cultural Rights
7 – Violations of the Right to Fair Trial
8 – Violations of the Right to Remedy
Conclusion