The term “religious minorities” encompasses a wide array of religious groups, both traditional and non-traditional, whether officially recognized by the State or not. These groups vary in size and nature, all seeking protection of their rights under the framework of minority rights standards. It is important to acknowledge the inherent diversity within these religious minority communities. Additionally, religious minorities can also intersect with national, ethnic, or linguistic minority classifications.
The groups classified as religious minorities include Muslims, Sikhs, Christians, Buddhists, Jains, and Zoroastrians (commonly known as Parsis). These communities have been designated as minority groups according to Section 2 (c) of the National Commission for Minorities Act, 1992 1. According to the Census of 2011, approximately 19.3% of the nation’s total population falls under the category of religious minorities. The Muslim population constitutes 14.2%, Christians comprise 2.3%, Sikhs make up 1.7%, Buddhists account for 0.7%, Jains constitute 0.4%, and Parsis represent 0.006%.2
Prejudice against Muslims: In December 2019, the Citizenship Amendment Act was approved by the Parliament and signed by the Prime Minister, Shri Narendra Modi. This law expedites the citizenship process for migrants from Afghanistan, Bangladesh, and Pakistan who belong to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religions. Critics argue that the law is biased as it leaves out Muslims and introduces a religious criterion for citizenship for the first time.
Moving back to 1992, the Babri Masjid issue has led to fatal conflicts in Ayodhya. Additionally, the Gujarat riots of 2002 saw nationwide clashes erupt after a train carrying Hindu pilgrims caught fire, resulting in numerous deaths. Blaming Muslims for the fire, Hindu mobs carried out extensive violence against Muslims in Gujarat. This included killings, sexual assaults of Muslim women, and the destruction of Muslim-owned businesses and places of worship. The frequency of Hindu mob attacks has grown so much that India’s Supreme Court cautioned that they might become a regular occurrence.3
Discrimination against Christians: In 2015, a report by the Catholic Secular Forum highlighted it as the worst year for Indian Christians post-Independence, documenting 365 major attacks on them. In 2021, over 305 incidents of violence were recorded in the first nine months, with notable incidents in states like Karnataka and Madhya Pradesh. In October 2021, a prayer house in Roorkee was allegedly vandalized by a mob accusing individuals of illegal conversions. The next month, a newly established church in Delhi was reportedly vandalized by members of right-wing groups. In December 2021, Hindu right-wing groups allegedly set fire to Christian religious books in Karnataka’s Kolar district. A year later, during Christmas 2022, a man dressed as Santa Claus was beaten up by a mob in Vadodara, Gujarat, raising concerns over attacks on Christians.4
Horrifying incidents encountered by Sikhs: During the early 1980s, Sikh separatists in Punjab were responsible for severe human rights violations, including civilian massacres, attacks on Hindu minorities, and indiscriminate bombings. In response, the government deployed troops to remove militants from the Golden Temple in Amritsar in 1984, resulting in damage and casualties. Subsequently, after Indira Gandhi’s assassination, mobs incited by Congress Party leaders carried out violent assaults on Sikhs, resulting in numerous deaths, property destruction, and sexual violence against women. Seeking justice has been impeded by time, deaths of individuals, witness intimidation, inadequate investigations, and evidence tampering. This
discrimination against minority groups leads to fear, isolation, reduced nationalism, and mental health issues like depression, fostering conflicts among communities.5
The Council of Minority Rights in India (CMRI) published a report in November 2022, shedding light on the social and religious dynamics affecting minority communities during 2021. The report exposes the escalating hate crimes, religious extremism, and socio-cultural issues that have marred their well-being.
The report highlights a disturbing surge in calls for genocides, economic boycotts, and threats against Muslim women. It points to the rise of Hindu vigilante groups responsible for lynching incidents and disrupting Christian prayer gatherings. This alarming extremism stifles the ability of these communities to freely express themselves. The report also documents instances of genocidal hate speeches against minorities and records anti-Sikh sentiments during the farmers’ protest.
Furthermore, the report delves into the manipulation of emotions and information by the right-wing ecosystem, leading to the propagation of misinformation and state complicity. This blend is exploited for political motives and perpetuates fear among minorities through targeted campaigns and various media platforms. The report also brings to light the legal gaps in addressing hate crimes, as India lacks specific legislation. Hate crime cases are generally filed under sections of the Indian Penal Code, but the report exposes the reluctance of law enforcement and issues of impunity that plague minority communities.
This legal void fosters underreporting of hate crimes. Data from 2021 reveals a distressing tally of 294 incidents targeting religious minorities. The victims, primarily Muslims, Christians, and Sikhs, often find themselves facing allegations of interfaith relationships, forced conversions, and other biases. These hate-driven acts manifest in multiple forms, encompassing attacks on religious sites, hate speech, harassment, and more. The report accentuates the need for urgent interventions to address the complex social and religious factors driving such behavior.6
India’s constitution characterizes the nation as secular and upholds religious freedom; however, concerns persist about mistreatment of religious minorities and marginalized groups. Human rights organizations criticize the ruling Bharatiya Janata Party (BJP), which has been in power since 2014, for insufficiently protecting minorities and enabling mob attacks orchestrated by BJP supporters against religious minorities. The Citizenship Amendment Act (CAA) of 2019 has raised apprehensions regarding religious liberty as it eliminates citizenship for non-Muslims from specific countries, leading to concerns of Muslim marginalization and human rights violations.7 Additional unease for India’s Muslim community arises from mob violence directed at individuals accused of harming cows, which hold religious significance in Hinduism. Furthermore, anti-conversion laws in several Indian states target religious conversions, particularly affecting non-Hindus, often resulting in misuse for harassment and violence against non-Hindus, especially Christians.
Sikh-Hindu tensions trace back to colonial times, with the 1984 anti-Sikh riots emphasizing the need for government accountability and inclusive laws for Sikh reconciliation. The Dalit minority faces significant challenges, as documented by Human Rights Watch, persisting with ongoing violence against Dalits and caste-based discrimination affecting over 160 million individuals.8 Despite legal efforts, such discrimination continues in some villages with “hidden apartheid,” curbing Dalits’ rights and perpetuating their marginalization.
The Indian constitution incorporates legal provisions to uphold equality and prevent discrimination. Article 14 mandates equal treatment under the law, symbolized by the impartial Lady Justice. Article 15 prohibits bias based on religion, race, caste, sex, or birthplace. Article 16
ensures equal employment opportunities regardless of these factors. Cultural and educational rights, such as Article 29, safeguard minority interests by permitting language, cultural preservation, and non-discriminatory access to education. Article 30 grants minority groups the right to establish and manage educational institutions. While Article 30 pertains to religious and linguistic minorities, Article 29 encompasses all citizens. Articles 25-28 guarantee freedom of religion, highlighting equality among faiths and the right to practice one’s chosen belief.9
But, the cow slaughter issue in India reflects constitutional and legal shortcomings. Vigilante attacks linked to beef consumption and cattle trade have caused deaths, especially among Muslims, between May 2015 and December 2018. Some BJP politicians support these attacks, while police often delay prosecutions. Persistent violence against minorities like Muslims, Sikhs, and Christians has garnered international concern, with the UN forum highlighting collapsing minority rights. The Supreme Court also recognized wrongful arrests. Torture in police custody affects around 1.8 million minority individuals yearly, undermining the rule of law.
Cow sanctity in Hinduism is echoed in Article 48 of the Indian Constitution and state laws curbing cow slaughter. Tensions arise between Hindu, Muslim, and Dalit communities due to these laws. Political slogans, sometimes laced with anti-Muslim sentiment, center on cow protection. The 2015 killing of Mohammad Akhlaq over beef rumors underscores the issue.10 Vigilante groups, such as Gau Raksha Dal, target cattle traders and beef activities. Despite legal provisions, India’s Constitution lacks a precise “minority” definition, categorizing them by religion and language, leading to inadequate protection and insensitivity by the judiciary, police, and prosecution. Constitutional amendments are essential to address these concerns and safeguard minority rights effectively.11
To address shortcomings, India has enacted the following policy reforms:
In India, addressing the challenges faced by religious and social minorities is essential for fostering national integration and unity. Despite existing provisions and schemes, there has been limited progress in improving the conditions of minority communities. To address this, the
government should establish a dedicated committee responsible for regularly assessing the status of minorities and enhancing their support systems. This proactive approach would ensure that minority concerns are consistently addressed and that their contributions to the nation are acknowledged.13 Additionally, regular assessment increased funding, enhanced minority participation in politics, and effective policy execution should be ensured for significant impact.
One paramount aspect is education, which plays a pivotal role in empowering minority communities. Supporting institutions that promote minority education by providing financial aid and quality faculty can lead to improved educational outcomes. Moreover, increasing the budget allocation for minorities and encouraging their participation in legislative bodies can help amplify their voices and concerns. By fostering an environment of equal representation and active engagement, India can strengthen its social fabric and build a more inclusive and harmonious society.14
Religious minorities in India are granted legal safeguards through constitutional provisions like Articles 29 and 30. Yet, the actual enforcement of these rights hinges on widespread awareness and societal embrace of minority rights. However, fostering acceptance is a gradual endeavor, especially through the education of the younger generation. A considerable amount of prejudice and cultural bias stems from a lack of knowledge or unfamiliarity with other religions and cultures. The isolation of religious groups from each other, coupled with closed-door policies regarding festivals and social gatherings, often contributes to a lack of interfaith understanding and harmonious interaction. This situation breeds unwarranted biases and cultural misconceptions among individuals with varying religious affiliations, leading to intolerance and discord.
To combat this, introducing individuals to the rich cultural values associated with diverse religions and emphasizing shared human emotions manifested in different celebrations can
1THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992 (ACT 19 of 1992) [enforced on 17th May, 1992]https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_41_69_00001_199219_1517807322944§ionId=24656§ionno=2&orderno=2&orgactid=AC_CEN_41_69_00001_199219_1517807322944
2Government of India Ministry of Minority Affairs (May 22, 2023, 3:47 PM)https://www.minorityaffairs.gov.in/WriteReadData/RTF1984/1659697873.pdf
3Lindsay Maizland, India’s Muslims: An Increasingly Marginalized Population, Counsel on Foreign Relations (May 20, 2023, 11:36 AM)https://www.cfr.org/backgrounder/india-muslims-marginalized-population-bjp-modi
4A Look at Recent Attacks against Christians in India, OUTLOOK (May 20, 2023, 11:43 AM)https://www.outlookindia.com/national/a-look-at-recent-attacks-against-christians-in-india-news-269813
5India: No Justice for 1984 Anti-Sikh Bloodshed, Human Rights Watch (May 20, 2023, 11:50 AM)https://www.hrw.org/news/2014/10/29/india-no-justice-1984-anti-sikh-bloodshed
6India has chosen a path of exclusion and persecution for religious minorities: CMRI report, SabrangIndia (May 20, 2023, 3:07 PM)https://sabrangindia.in/india-has-chosen-path-exclusion-and-persecution-religious-minorities-cmri-report/#_ftn1.
7Persecution of Christians and religious minorities in India, House of Commons Library (May 20, 2023, 10:54 AM)https://commonslibrary.parliament.uk/research-briefings/cdp-2022-0042.
8Caste Discrimination : A Global Concern , A Report by Human Rights Watch Durban, South Africa, September 2001 ( May 20. 2023, 4:00 PM)https://www.hrw.org/reports/pdfs/g/general/caste0801.pdf
9Srijita Adak, Minority rights in the Constitution of India, iPleaders (May 20, 2023, 1:09 PM)https://blog.ipleaders.in/minority-rights-constitution-india/
10Why India Man was Lynched over Beef Rumours, BBC (May 20, 2023, 12:30 PM)https://www.bbc.com/news/world-asia-india-34409354
11India: Vigilante ‘Cow Protection’ Groups Attack Minorities, Human Rights Watch (May 20, 2023, 1:31 PM)https://www.hrw.org/news/2019/02/19/india-vigilante-cow-protection-groups-attack-minorities
12Saurabh Yadav, Human Rights Of Minorities In India, Legal Service India (May 20, 2023, 2:42 PM)https://www.legalserviceindia.com/legal/article-9539-human-rights-of-minorities-in-india.html#:~:text=Therefore%2C%20minority%20rights%20guarantee%20non,with%20other%20communities%20and%20organizations..
13Supra Note,12.
14Sunil Rajpurkar, Fostering Religious Harmony through Education – As Enshrined in the Great Pervasive Indian Culture, St. Andrews College of Arts, Science and Commerce (May 22, 2023, 3:32 PM)https://standrewscollege.ac.in/wp-content/uploads/2019/11/Fostering-Religious-Harmony-through-Education-As-Enshrined-in-the-Great-Pervasive-Indian-Culture.pdf
Tanvi Mishra
4th year law student,
Army Institute of Law, Mohali
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