Section II. Status of Government Respect for Religious Freedom
The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health. It prohibits government discrimination based on religion, including for employment, as well as religiously based restrictions on access to public or private establishments. The constitution states that religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property. It prohibits the use of public funds to support any religion. National and state laws make freedom of religion “subject to public order, morality, and health.” The constitution stipulates that the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.
Federal law empowers the government to ban religious organizations that provoke intercommunal tensions, are involved in terrorism or sedition, or violate laws governing foreign contributions.
Ten of the 28 states in the country have laws restricting religious conversion: Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh and Uttarakhand. Chhattisgarh, Madhya Pradesh, Uttarakhand, and Uttar Pradesh prohibit religious conversion by “force,” “allurement,” or “fraudulent means” and require district authorities to be informed of any intended conversions one month in advance. Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions. Odisha requires individuals wishing to convert to another religion and clergy intending to officiate at a conversion ceremony to submit formal notification to the government.
Violators, including missionaries, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if converts are minors, women, or members of Scheduled Castes or Scheduled Tribes. Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes “forced” conversions with up to three years of imprisonment and a fine up to 50,000 rupees ($680). In Himachal Pradesh, penalties include up to two years’ imprisonment, fines of 25,000 rupees ($340), or both. Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may include prison sentences.
Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near places of worship. Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($68).
The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and their members. The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both. If the offense is committed at a place of worship, imprisonment may be for up to five years.
There are no requirements for registration of religious groups unless they receive foreign funding, in which case they must register under the FCRA. Federal law requires religious organizations registered under the FCRA to maintain audit reports on their accounts and a schedule of their activities and to provide these to state government officials upon request.
Organizations conducting “cultural, economic, educational, religious, or social programs” that receive foreign funding are required to obtain a license under the FCRA. The federal government may also require that licensed organizations obtain prior permission before accepting or transferring foreign funds. The central government may reject a license application or a request to transfer funds if it judges the recipient to be acting against “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”
Legislation passed in September reduces the amount of funding that NGOs, including religious organizations, may use for administrative purposes from 50 to 20 percent and prohibits NGOs from transferring foreign funds to third parties.
The constitution states that any legal reference to Hindus is to be construed to include followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act. Subsequent legislation continues to use the word Hindu as a category that includes Sikhs, Buddhists, Baha’is, and Jains, but it identifies the groups as separate religions whose followers are included under the legislation.
Federal law provides official minority-community status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may grant minority status under state law to religious groups that are minorities in a particular region. Members of recognized minority groups are eligible for government assistance programs. The constitution states that the government is responsible for protecting religious minorities and enabling them to preserve their culture and religious interests.
Personal status laws establish civil codes for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture. Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable. Personal status issues that are not defined for a community in a separate law are covered under Hindu personal status laws. These laws, however, do not supersede national and state legislation or constitutional provisions. The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define their customary practices. If law boards or community leaders are not able to resolve disputes, cases are referred to the civil courts.
Interfaith couples and all couples marrying in a civil ceremony are generally required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment, although this requirement varies across states. Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions face the possibility of losing their property inheritance rights under those communities’ personal status laws.
The law recognizes the registration of Sikh marriages but does not include divorce provisions for Sikhs. Other Sikh personal status matters fall under Hindu codes. Under the law, any person, irrespective of religion, may seek a divorce in civil court.
The constitution prohibits religious instruction in government schools; the law permits private religious schools. The law permits some Muslim, Christian, Sindhi (Hindu refugees), Parsi, and Sikh educational institutions that receive government support to set quotas for students belonging to the religious minority in question. For example, Aligarh Muslim University must admit at least 50 percent Muslims. St. Stephen’s College in Delhi and St. Xavier’s in Mumbai must admit at least 50 percent Christians.
Twenty-four of the 28 states apply partial to full restrictions on bovine slaughter. Penalties vary among states and may vary based on whether the animal is a cow, calf, bull, or ox. The ban mostly affects Muslims and members of Scheduled Castes and Scheduled Tribes that traditionally consume beef. In the majority of the states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14-$140). Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years. Gujarat state law mandates a minimum 10-year sentence (the punishment for some counts of manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.
One state, Madhya Pradesh, sets fines of 25,000 to 50,000 rupees ($340 to $680) and prison sentences of six months to three years for “cow vigilantism,” i.e., committing violence in the name of protecting cows. This is the first law of its kind in the country.
The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination. The Ministry of Minority Affairs may also conduct investigations. These agencies have no enforcement powers but conduct investigations based on written complaints of criminal or civil violations and submit findings to law enforcement agencies. Eighteen of the country’s 28 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.
The constitution establishes the legal basis for preferential public benefit programs for Scheduled Caste or Scheduled Tribe communities and members of the “Other Backward Classes,” a category for groups deemed to be socially and educationally disadvantaged. The constitution specifies only Hindus, Sikhs, or Buddhists are eligible to be deemed members of a Scheduled Caste. As a result, Christians and Muslims qualify for benefits if deemed to be members of “backward” classes due to their social and economic status.
The government requires foreign missionaries to obtain a missionary visa.
The country is a party to the International Covenant on Civil and Political Rights.
Section III. Status of Societal Respect for Religious Freedom
International media reported that Hindus led violent attacks against Muslims during February riots in East Delhi. In one case reported by The Guardian, Muhammed Zubar said he was beaten with clubs by a group chanting Hindu slogans. The Guardian also reported the case of Imran Khan, who said a mob surrounded him on the street, identified him as Muslim, and beat him unconscious with iron rods, crowbars, and metal pipes before dragging him into a gutter with a rope tied around his neck.
According to the NGO Centre for Study of Society and Secularism (CSSS), national media reported 23 incidents of mob lynching during the year, compared with 107 incidents in 2019. The CSSS said the decline was attributed to the COVID-19 lockdowns around the country. Twenty-two individuals were killed in the attacks, including Muslims, Christians, and Hindus, according to the CSSS. Seven of the incidents were directly linked to cow vigilantism. For example, on January 31, a mob in the Bhiwandi District of Maharashtra State attacked Muslims Nafees Qureshi, Aamir Khan, and Aakib Aalam, who were loading a buffalo into their vehicle. Police arrived to break up the attack, but Qureshi died in the hospital from injuries inflicted by the mob. Police later filed a murder case against six of the attackers.
On April 16, according to media reports, a mob in Palghar, Maharashtra, lynched Hindu monks Kalpavrukshagiri Maharaj and Sushilgiri Maharaj along with their driver, accusing them of being child kidnappers. The mob pulled the three monks from a police vehicle and killed them, also injuring two police officers. Opposition party members in Maharashtra said the killings were motivated by the religious identity of the victims and that the perpetrators were Christian, but the Maharashtra government stated the incident was due to general fear and suspicion of child kidnapping in the area.
The NGO United Christian Forum’s violence monitor stated that attacks on Christians and their places of worship continued to escalate in both number and severity during the year. According to the NGO, COVID-19 lockdowns did not lessen attacks on religious minorities. However, the monitor recorded 200 attacks against Christians as of November 12, compared to more than 300 cases reported in all of 2019.
Tehmina Arora, the director of ADF India, said attacks against Christians happened “nearly every day.” In its annual report, the ADF documented 279 instances of violence against Christians in 2020, with Uttar Pradesh reporting 70 incidents and Chhattisgarh 66. On November 16, a group of individuals described as religious extremists disrupted a wedding ceremony at a church in Gorakhpur, Uttar Pradesh, and threatened the pastor. The protesters also prevented the pastor from holding prayer services, according to the ADF. The ADF report also said that the Uttar Pradesh law against unlawful religious conversions targeted Christians and restricted their individual freedom to convert to another faith.
The Christian NGO Persecution Relief reported 293 cases of attacks on or harassment of Christians in the country in the first half of the year, despite the widespread pandemic lockdown. The incidents included six rapes and eight killings, according to the NGO. During the same period in 2019, Persecution Relief recorded 208 incidents. The NGO also reported an increase in social media posts by Hindus accusing Christians of forced conversions that included footage of attacks on Christians.
In July, the Evangelical Fellowship of India (EFI) stated there had been 135 attacks against Christian churches, homes, or individuals across the country in the first six months of the year. EFI general secretary Vijayesh Lal said attacks increased during the pandemic lockdown. In September, however, EFI reported 32 incidents of religiously motivated violence against Christians in Uttar Pradesh in the first six months of 2020, compared with 86 recorded incidents in the state in all of 2019. According to the NGO International Christian Concern, the COVID-19 lockdowns likely reduced persecution in Uttar Pradesh, but reported attacks against Christians increased once pandemic restrictions eased.
In its World Watch List 2020 report, the NGO Open Doors stated that Hindu extremists, who believed the country should “be rid of Christianity and Islam,” used extensive violence, particularly targeting Christians from a Hindu background. According to the NGO, Christians were often accused of following a “foreign faith” and physically attacked in their villages.
Unlike previous years, the government did not present statistics on religious violence to parliament during the year.
In an example of the sectarian violence sparked by continued protests over the CAA, CNN reported that an armed crowd stormed a mosque in the Ashok Nagar area of New Delhi on January 25, killed the muezzin, beat the imam, scattered worshippers, and set the building on fire.
On September 25, according to media reports, Priya Soni, a Hindu, was beheaded for refusing to convert to Islam after marrying Muslim Ajaz Ahmed in a civil ceremony. Ahmed and Shoaib Akhtar, also a Muslim, were arrested for the crime and were in custody while the police investigation continued at year’s end. According to media, Ahmed and Akhtar were part of an organized group that lured Hindu women into marriage and then forced them to convert.
On October 26, Nikita Tomar, a Hindu, was killed by a Muslim outside her college in Faridabad, Haryana State. Tomar’s family said that she had resisted pressure by her killer to convert to Islam and marry him. In January, the Syro-Malabar Church in Kerala issued a statement that 12 Christian women had been forcibly converted to Islam and taken to Syria to join ISIS and that some may have been killed.
On June 4, 14-year-old Samaru Madkami was abducted and killed in the Malkangiri District of Odisha. Police said they suspected he was killed because the attackers believed he had been practicing witchcraft, but Christian organizations attributed the killing to his family’s conversion to Christianity three years earlier. Police arrested two suspects, while four remained at large at year’s end. A church source stated that 14 Christians had been killed in Malkangiri District in the previous two years.
On August 12, according to media reports, police in Bangalore fatally shot three persons during violent protests by Muslims regarding a Facebook post they said denigrated the Prophet Mohammed. Sixty police were also injured. Bangalore police arrested the nephew of a Karnataka State legislator from the Congress Party for posting the item on Facebook.
The NGO Persecution Relief reported that on January 12, Hindu activists attacked several Christian homes in Banni Mardatti village in Karnataka State, which led Christian families to move away from the village. On March 1, a Karnataka pastor was attacked by Hindu activists as he led church services. Persecution Relief reported that the pastor was dragged out of his house church, tied to a tree, and beaten with sticks.
Morning Star News reported that a crowd of more than 200 attacked a house church in Haryana State on January 5, beating and kicking the pastor, whom they accused of forcibly converting Hindus to Christianity. Police officers took the pastor to a hospital for treatment of a broken leg before detaining him for forcible conversion. He was released on bail on January 7.
The NGO ICC reported that a crowd disrupted a prayer service being hosted in a local home on March 11, then returned to beat the leader of the service and ransack his home when he and his family would not renounce their faith. The victim was hospitalized for a week. Local police declined to take action against the assailants, according to the NGO.
On September 16, assailants in Jharkhand State’s Simdega District reportedly beat seven tribal Christians, partially shaved their heads, and forced them to chant Hindu invocations. The assailants alleged the Christians had slaughtered a cow. Police arrested four of the nine assailants.
In March, the Juvenile Justice Board in Alwar, Rajasthan State handed down the first punishment in the 2017 mob killing of Muslim cattle trader and dairy farmer Pehlu Khan. The board sentenced two minor defendants to three years in a juvenile home.
Several Muslim leaders and activists in Telangana State said local BJP leaders and other Hindu activists encouraged Hindus not to buy from Muslim merchants following media reports that many attendees of the Tablighi Jamaat conference in New Delhi in March, who had been accused of spreading COVID-19, were from Telangana.
In April, a leading Urdu-language newspaper warned against a “new wave of hatred against Muslims” created under the pretext of the Tablighi Jamaat’s “so-called civic irresponsibility amid the lockdown.” The newspaper stated, “The assumption that the [Tablighi] Jamaat and Muslims are solely responsible for the spread of coronavirus in India is very dangerous.”
In June, the ICC stated that local Hindu groups in charge of food aid distribution during the pandemic lockdown denied aid to Christian groups unless they renounced their faith. In at least one instance, according to the ICC, Hindus and police attacked a pastor and his congregation, saying the aid was not meant for Christians.
On March 5, a group of Hindu activists prevented a Christian evangelist and his wife from distributing Bible literature in Vellore District, Tamil Nadu State. The activists then assaulted the couple and smeared Hindu sacred ash on their foreheads.
On March 2, Hindu activists entered the Catholic Sanjo Hospital in Karnataka State and assaulted staff for keeping copies of the Bible in hospital rooms and holding prayer services. Police subsequently arrested one hospital employee for proselytizing.
According to Persecution Relief, a Dalit Christian family was prevented from obtaining water from a local well by Hindu groups in a village in Karnataka State. Local police were called to resolve the matter, and the family was permitted to retrieve water.
On February 2, Jharkhand Disom Party (JDP) workers in West Bengal’s Malda District violently disrupted a Hindu mass wedding ceremony for 130 tribal couples organized by the Vishwa Hindu Parishad (VHP). A JDP leader told the media that the tribal individuals were being converted to Hinduism by being married in a Hindu ceremony. The leader also said that the VHP had enticed participants by promising each couple 12,000 rupees ($160). VHP representatives said they organized the wedding ceremony in line with tribal customs.
There were numerous acts of vandalism and arson targeting Christian sites and symbols during the year. The NGO Persecution Relief documented 49 cases of churches being vandalized, destroyed, or burned over six months, including in Belgaum District, Karnataka, where a church under construction was set on fire on December 17. The NGO said the pastor filed a complaint with police, but arsonists returned on December 22 and set the church on fire again. Police provided protection to the pastor and church members after the second incident.
On June 13, unidentified individuals burned down the Church of True Peace Pentecostal Church in Tamil Nadu’s Chengalpattu District. The pastor said he suspected arson and filed a report with local police. According to Persecution Relief, attacks on Christians in Tamil Nadu increased steadily in recent years, with 57 reported in 2017, 67 in 2018, and 75 in 2019.
In January, unknown individuals vandalized the St. Francis Assisi Catholic Church in a suburb of Bengaluru and ransacked the altar, according to media accounts. Police opened an investigation.
On March 3, police removed a statute of Jesus from a Christian cemetery in Doddasagarhalli, Karnataka, after local Hindus pressed local authorities to remove it, according to the Catholic news site Crux. Archbishop Peter Machado of Bangalore condemned the “forceful removal” of the statute from land that local Christians had used without incident as a cemetery for more than 30 years. He stated the site was not being used for forcible conversions, as alleged by Hindus from outside the village. Machado said the removal was a “violation of the religious freedom guaranteed to us by the Indian Constitution.”
Media reported that in Coimbatore, Tamil Nadu, a group threw a bottle filled with gasoline at one mosque and stones at another in retaliation for an attack made on a local Hindu leader during the protests against the CAA.
A Hindu temple in East Godavari District of Andhra Pradesh State was damaged by fire on September 6. In the protests that followed on September 8, a mob attacked a local church with stones, damaging its windows and compound wall. Police arrested 43 persons belonging to various Hindu organizations in connection with the attack on the church. Andhra Pradesh police opened an investigation into the church attack, but all suspects were free on bail at year’s end. On September 11, the state government ordered a separate probe by the CBI into the temple fire; the probe had not begun as of year’s end.
On September 1, unidentified persons demolished a church in Khammam District, Telangana State. The pastor said that Hindu nationalists carried out the attack in retaliation for a complaint he filed against them in 2019 for disturbing worship.
Section IV. U.S. Government Policy and Engagement
During the year, U.S. embassy and consulate officials met with government officials to discuss reports of religious freedom abuses. Embassy officials, including the Ambassador, engaged with members of parliament and politicians from the ruling and opposition parties on the CAA. They emphasized the importance the United States attaches to religious freedom and the responsibility of democracies to ensure the rights of religious minorities. Among the issues discussed were the Muslim community’s concerns about the CAA, difficulties faced by faith-based NGOs in the wake of amendments to the FCRA, and allegations that Muslims spread the COVID-19 virus.
Embassy and consulate officials met with political leaders from religious minorities, NGOs, civil society members, academics, and interfaith leaders to discuss the concerns of religious minorities and reports of religious persecution and religiously motivated attacks. Embassy representatives engaged civil rights NGOs, media representatives, interfaith groups, religious leaders, and politicians to discuss their perspectives on the CAA and its continued impact.
Throughout the year, the Ambassador engaged with religious communities, including representatives of the Buddhist, Christian, Hindu, Jain, Jewish, Muslim, and Sikh faiths. In May, the Ambassador organized a virtual interfaith dialogue during Ramadan in which he emphasized the importance the U.S. government attached to religious freedom in the country. Members of academia, media commentators on interfaith issues, NGO interfaith activists, and representatives of multiple faiths participated.
In January, a senior official from the Department of State Bureau of South and Central Asian Affairs held a roundtable on religious freedom issues with civil society members in Delhi. Also in January, the U.S. Consul General in Hyderabad hosted an interfaith event at his residence and discussed with representatives of principal faiths the rising trend of religious intolerance in the country and how to confront it. In March, embassy officers met with activists of a Dalit human rights network to discuss the perspectives of Dalits and other marginalized religious communities.