Centre, Supreme Court must ensure state governments crack down on communal violence, rescind 'Freedom of Religion Acts'
- The All India Christian Council (AICC) -

New Delhi - May 1, 2011

Centre, Supreme Court must ensure state governments crack down on communal violence, rescind 'Freedom of Religion Acts'
International reviews an opportunity for India to improve human rights record

The All India Christian Council (aicc) called upon the Union Government and the Supreme Court to ensure that governments and ruling parties in India's states and Union Territories improve their religious freedom record by cracking down on communal violence and rescinding the controversial Freedom of Religion laws. These issues seriously injure India's reputation at a time it is seeking a permanent seat in the United Nations Security Council and a place in the comity of advanced and developed nations. Aicc leaders also called for an end to the environment of impunity in which politicians, bureaucracy, and police escape culpability in communal violence.

The United States Commission for International Religious Freedom (USCIRF) put India on its Watch List for the third year in a row, and Indian groups recently denounced the human rights record of the world's largest democracy as part of the upcoming United Nations Human Rights Council's Universal Periodic Review. Both reports were published last week.

'Indian political reactions condemning the USCIRF report simply indicate a denial about the ground reality in various states, especially Orissa, Karnataka, and Gujarat. The USCIRF faulted state authorities for not ensuring prompt justice to the communal pogroms against Sikhs in 1984, Muslims in Gujarat in 2002, and Christians in Orissa in 2007 and 2008. The USCIRF and the UN human rights and freedom of faith apparatus also rightly faulted India for laws in six states which curb religious freedom under the guise of stopping illegal conversions,' said John Dayal, aicc Secretary General.

Joseph D'souza, aicc President, said, 'The US Commission correctly lauded the role of the Union government whenever it acted to prevent communal violence, as in the wake of the Allahabad High Court judgment on Ayodhya which raised religious passions. We are encouraged that when there is the political will, India takes speedy and proactive action to stop inter-faith problems.'

The USCIRF is an independent, advisory body to the US government and makes a yearly report on dozens of countries. Officials tried to visit India in 2009 but were denied visas. 'Countries of Particular Concern' are countries with 'particularly severe' violations of religious freedom. The 'Watch List' is countries with 'serious violations of religious freedom engaged in or tolerated by the governments'. Separately, India is scheduled for the UN UPR in the 2012 session.

D'souza said, 'As a signatory to many international covenants, India must not shy away from its duty to its religious minorities and must guarantee the rights of all citizens enshrined in the Constitution. India, quite correctly, faulted other governments whenever they transgressed religious freedoms, be it in France, Pakistan, or Bangladesh. As a mature democracy, we should not shun criticism but use it to improve ourselves.'

Dayal said, 'The Union and state governments must show political will and take proactive measures to redress outstanding grievances such as the restoration of the rights and privileges of Dalit Christians and abrogation of the so called 'Freedom of Religious Acts'. These laws precipitate vigilante action against Christians in several states by fundamentalist groups. The authorities must also ensure there will be no dilution of the Article 30, which guarantees the freedom of minority educational institutions, in the guise of implementing the Right to Education laws.' Dayal testified before the USCIRF at Washington, D.C. in September 2000 during the only hearing on India til date.

Other outstanding issues include the miscarriage of justice in the fast track courts of Kandhamal where there are no convictions in the dozens of murder cases and punishments only for minor offenses. For example, in the brutal killing of one Christian, the main accused was sentenced for an offence other than murder.

Orissa has been tardy in rehabilitating more than 50,000 people affected in the 2008 violence. About 2,000 families remain without adequate accommodations. Most men are without adequate employment, many youth have given up education, and women and young girls suffer from acute post-trauma ailments. Several victims have committed suicide.

The situation of religious freedom in Karnataka, ruled by the BJP, is critical with the state government and the ruling party protecting perpetrators in the 2008 wave of attacks. 'We are worried by an emerging pattern of impunity which must end,' said Dayal.

Released by
Madhu Chandra
PRO - aicc, New Delhi

The All India Christian Council (www.christiancouncil.in), birthed in 1998, exists to protect and serve the Christian community, minorities, and the oppressed castes. The aicc is a coalition of thousands of Indian denominations, organizations, and lay leaders.