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RELIGIOUS FREEDOM IN INDIA

7th October, 2024

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Picture Courtesy: https://nagalandpost.com/index.php/2024/10/04/india-rejects-malicious-report-by-uscirf-on-religious-freedom-abuses/

Context:

India has rejected the US Commission on International Religious Freedom (USCIRF) Report.

About USCIRF Report

  1. The USCIRF Report highlighted the “severe violations of religious freedom” in India, mentioning incidents of violence against religious minorities, arbitrary arrests of religious leaders, and the demolition of houses and places of worship. 
  2. The report criticized India’s legal framework, including the Citizenship Amendment Act (CAA) and state-level anti-conversion laws, suggesting these are used to disenfranchise religious minorities.
  3. The report recommended that India to be designated as a “Country of Particular Concern” due to the alleged violations.

United States Commission on International Religious Freedom (USCIRF)

  1. It was established by the International Religious Freedom Act (IRFA) in 1998 by the U.S. Congress, to monitor, analyze, and report on religious freedom conditions worldwide.  It publishes annual reports that highlight the status of religious freedom in various countries. 
  2. USCIRF Commissioners are appointed by the US President. The commission reviews the facts and circumstances of violations of religious freedom internationally and creates policy recommendations to the President, the Secretary of State, and Congress.
  3.  It specifies countries with extreme violations of religious freedom and recommends them for designation as Countries of Particular Concern.
  4. It also maintains a Special Watch List for countries that require close monitoring due to significant religious freedom issues.

Response of India

The Ministry of External Affairs (MEA) rejected the report, labelling it as “biased” and accusing the USCIRF of promoting a “motivated narrative”.

Concern

  • Such reports and the following responses can impact diplomatic relations between India and the United States, especially in the context of human rights and religious freedom.
  • Within India, these reports fuel debates on the state of religious freedom and the treatment of minorities, influencing public opinion and policy discussions.

Religious freedom in India

The secular nature of the country is highlighted in the Preamble; introduced through the 42nd Amendment in 1976.  

Indian Constitution guarantee religious freedom

  • Article 25 ensures freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.
  • Article 26 grants every religious sect the right to manage its own religious affairs.
  • Article 27 prohibits the state from forcing any citizen to pay taxes for the promotion or maintenance of any particular religion or religious sect.
  • Article 28 prohibits religious instruction in any educational institution maintaining out-of-state funds.

India regulates religion in several ways

  • Different religious communities are governed by their own personal laws in matters like marriage, divorce, and inheritance.
  • Religious minority educational institutions have certain protections and regulations.
  • There are laws in some states regulating religious conversions to prevent forced or fraudulent conversions.

Way Forward

Despite constitutional guarantees, instances of religious intolerance and violence continue to pose challenges. Efforts to promote interfaith dialogue and understanding are crucial for maintaining India’s secular and pluralistic fabric. 

Must Read Articles: 

FREEDOM OF RELIGION

Source: 

Hindustan Times

Wikipedia

Wikipedia

PRACTICE QUESTION

Q.In the context of religious freedom in India, which of the following statements is incorrect ?

A) Religious sections have the right to manage their religious affairs under Article 26.

B) The state can interfere in religious practices if they conflict with public health.

C) The Constitution allows for complete separation of religion and state.

D) Article 28 prohibits religious instruction in institutions maintained by state funds.

Answer: C

Explanation: 

The Indian Constitution does not advocate for a complete separation of religion and state. It adopted a model of secularism where the state maintains a distance from all religions but can intervene in religious matters to ensure equality and prevent discrimination.