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Religious Freedom and Conversion Laws in India: A Report on Discrimination and Arrests, Exams of Religion

An overview of the religious freedom situation in India, focusing on the ten states with laws restricting religious conversions. It includes reports of arrests under these laws, inflammatory remarks by religious leaders and activists, and the US embassy's engagement with Indian authorities and religious communities on religious freedom issues. The document also discusses the constitutional provisions regarding religious freedom and the penalties for violating conversion laws.

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2021/2022

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INDIA 2021 INTERNATIONAL RELIGIOUS FREEDOM REPORT
Executive Summary
The constitution provides for freedom of conscience and the right of all individuals
to freely profess, practice, and propagate religion; mandates a secular state;
requires the state to treat all religions impartially; and prohibits discrimination
based on religion. It also states that citizens must practice their faith in a way that
does not adversely affect public order, morality, or health. Ten of 28 states have
laws restricting religious conversions. Four state governments have laws imposing
penalties against so-called forced religious conversions for the purpose of marriage
although some state high courts have dismissed cases charged under this law. In
August, two Muslim men from Jamshedpur in Jharkhand State filed a complaint
against local police alleging that seven police officers sexually abused them during
interrogation and used anti-Islamic slurs. According to media, police took no
action on the complaint by year’s end. Police made several arrests during the year
under laws that restrict religious conversion, and several state governments
announced plans to strengthen existing legislation or develop new legislation
restricting religious conversion. According to the United Christian Forum (UCF),
a Christian rights nongovernmental organization (NGO), in the period between
January and June, 29 Christians were arrested in three states on suspicion of
forceful or fraudulent religious conversions under the laws restricting religious
conversions in those states. Some NGOs reported that the government failed to
prevent or stop attacks on religious minorities. A faith-based NGO stated in its
annual report that out of 112 complaints of violence filed by Christian victims from
January to August, police filed official reports (First Information Report or FIR) in
25 cases. There were no updates on these cases by the end of the year. Police
arrested non-Hindus for making comments in the media or on social media that
were considered offensive to Hindus or Hinduism. NGOs, including faith-based
organizations, continued to criticize 2020 amendments passed to the Foreign
Contributions Regulation Act (FCRA) as constraining civil society by reducing the
amount of foreign funding that NGOs, including religious organizations, could use
for administrative purposes and adding onerous oversight and certification
requirements. The government continued to say the law strengthened oversight
and accountability of foreign NGO funding in the country. According to media
reports, FCRA licenses of 5,789 NGOs, including hundreds of faith-based
organizations, lapsed after the government said the organizations did not apply for
renewal in time. In addition, during the year the government suspended FCRA
licenses of 179 NGOs, including some that were faith-based. The states of Assam
and Karnataka enacted legislation imposing strict penalties for killing cattle; 25 of
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INDIA 2021 INTERNATIONAL RELIGIOUS FREEDOM REPORT

Executive Summary

The constitution provides for freedom of conscience and the right of all individuals to freely profess, practice, and propagate religion; mandates a secular state; requires the state to treat all religions impartially; and prohibits discrimination based on religion. It also states that citizens must practice their faith in a way that does not adversely affect public order, morality, or health. Ten of 28 states have laws restricting religious conversions. Four state governments have laws imposing penalties against so-called forced religious conversions for the purpose of marriage although some state high courts have dismissed cases charged under this law. In August, two Muslim men from Jamshedpur in Jharkhand State filed a complaint against local police alleging that seven police officers sexually abused them during interrogation and used anti-Islamic slurs. According to media, police took no action on the complaint by year’s end. Police made several arrests during the year under laws that restrict religious conversion, and several state governments announced plans to strengthen existing legislation or develop new legislation restricting religious conversion. According to the United Christian Forum (UCF), a Christian rights nongovernmental organization (NGO), in the period between January and June, 29 Christians were arrested in three states on suspicion of forceful or fraudulent religious conversions under the laws restricting religious conversions in those states. Some NGOs reported that the government failed to prevent or stop attacks on religious minorities. A faith-based NGO stated in its annual report that out of 112 complaints of violence filed by Christian victims from January to August, police filed official reports (First Information Report or FIR) in 25 cases. There were no updates on these cases by the end of the year. Police arrested non-Hindus for making comments in the media or on social media that were considered offensive to Hindus or Hinduism. NGOs, including faith-based organizations, continued to criticize 2020 amendments passed to the Foreign Contributions Regulation Act (FCRA) as constraining civil society by reducing the amount of foreign funding that NGOs, including religious organizations, could use for administrative purposes and adding onerous oversight and certification requirements. The government continued to say the law strengthened oversight and accountability of foreign NGO funding in the country. According to media reports, FCRA licenses of 5,789 NGOs, including hundreds of faith-based organizations, lapsed after the government said the organizations did not apply for renewal in time. In addition, during the year the government suspended FCRA licenses of 179 NGOs, including some that were faith-based. The states of Assam and Karnataka enacted legislation imposing strict penalties for killing cattle; 25 of

International Religious Freedom Report for 2021

28 states now have similar restrictions. The most recent National Crime Record Bureau (NCRB) report, Crime in India for 2020 , released in September, said that the violence in New Delhi in February 2020 following passage of the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) resulted from a “feeling of discrimination” among the Muslim community. During the year, Delhi courts acquitted some of those arrested on charges related to the protests and convicted one Hindu participant. Various courts criticized the Delhi police for inadequate investigation of the protests. Politicians made inflammatory public remarks or social media posts about religious minorities. For example, Mandan Kaushik, president of the Bharatiya Janata Party (BJP) in Uttarakhand State, told the media in October that “Our party line is clear that no [religious] conversion [from Hinduism] will be tolerated.” In May, the Assam government removed theological content from the curriculum of more than 700 state-run madrassahs and state-run Sanskrit schools, which converted them into regular public schools. Analysts indicated that madrassahs were impacted in greater numbers.

Attacks on members of religious minority communities, including killings, assaults, and intimidation, occurred throughout the year. These included incidents of “cow vigilantism” against non-Hindus based on allegations of cow slaughter or trade in beef. According to the UCF, the number of violent attacks against Christians in the country rose to 486 during the year from 279 in 2020. According to Catholic news agency Agenzia Fides , Hindus committed 13 instances of violence and threats against Christian communities in Uttarakhand, Haryana, Uttar Pradesh, Chhattisgarh, Madhya Pradesh, and Delhi. According to UCF, most of the incidents were reported in states ruled by the BJP and included attacks on pastors, disruption of worship services, and vandalism. The NGOs United Against Hate, the Association for Protection of Civil Rights, and UCF released a joint report that noted more than 500 incidents of violence against Christians reported to UCF’s hotline during the year. Suspected terrorists targeted and killed civilians and migrants from the Hindu and Sikh minorities, including Hindu migrant laborers from Bihar, in the Union Territory of Jammu and Kashmir. As of December, alleged terrorists had killed 39 civilians including two schoolteachers from the Hindu and Sikh communities. According to media reports, the killings caused widespread fear among Hindus and Sikhs in the Kashmir valley, leading hundreds of migrants to depart Jammu and Kashmir. There were reports of vandalism against Muslim facilities during the year, including by Hindu nationalist groups damaging mosques, shops, and houses belonging to the Muslim community across Tripura State in October. Media reports said these attacks occurred in retaliation for attacks on minority Hindus in Bangladesh during the Durga Puja festival in that country. A mob killed four Muslim men on June 20 in Tripura on

International Religious Freedom Report for 2021

The U.S. government estimates the total population at 1.3 billion (midyear 2021). According to the 2011 national census, the most recent year for which disaggregated figures are available, Hindus constitute 79.8 percent of the population, Muslims 14.2 percent, Christians 2.3 percent, and Sikhs 1.7 percent. Groups that together constitute fewer than 2 percent of the population include Buddhists, Jains, Zoroastrians (Parsis), Jews, and Baha’is. In government statistics, the Ministry of Tribal Affairs officially identifies as Hindus more than 104 million members of Scheduled Tribes – indigenous groups historically outside the caste system who often practice indigenous religious beliefs – although an estimated 10 million of those listed as Scheduled Tribe members are Christians according to the 2011 census.

According to government estimates, there are large Muslim populations in the states of Uttar Pradesh, Bihar, Maharashtra, West Bengal, Telangana, Karnataka, Kerala, and the Union Territories of Lakshadweep and Jammu and Kashmir. In Lakshadweep and Jammu and Kashmir, Muslims account for 95 percent and 68. percent of the population, respectively. Slightly more than 85 percent of Muslims are Sunni, with the remainder mostly Shia. According to media reports during the year, there are an estimated 150,000 Ahmadi Muslims in the country. According to government estimates, Christian populations are distributed throughout the country but in greater concentrations in the northeast as well as in the states of Kerala, Tamil Nadu, and Goa. Three northeastern states have majority Christian populations: Nagaland (90 percent), Mizoram (87 percent), and Meghalaya ( percent). Sikhs constitute 54 percent of the population of Punjab. The Dalai Lama’s office states there are significant resettled Tibetan Buddhist communities in Himachal Pradesh, Karnataka, and Uttarakhand States, and Delhi. According to the Office of the United Nations High Commissioner for Refugees (UNHCR) and media reports, there are approximately 100,000 Tibetan Buddhists in the country. According to media reports, approximately 40,000 Muslim Rohingya refugees from Burma live in the country. UNHCR estimated it received 1,800 requests for refugee registration since August 2021 and projects it will receive 3,500-5, refugee registration requests by the end of 2022.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

International Religious Freedom Report for 2021

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 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 States prohibit religious conversion by “force,” “allurement,” or “fraudulent means” including marriage “with the intention of conversion” and require district authorities to be informed of any intended conversions one month in advance. Himachal Pradesh and Odisha States maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” which would include the provision of any gifts, promises of a better life, free education, and other standard charitable activities, and bar individuals from abetting such conversions. Odisha State requires individuals wishing to convert to another religion and clergy intending to officiate at a conversion ceremony to submit formal notification to the government. The notification procedures state that police must ascertain if there are objections to the conversion. Any person may object. Four state governments have laws imposing penalties against “forced” religious conversions for the purpose of marriage (Uttar Pradesh, Himachal Pradesh, Uttarakhand, and Madhya Pradesh), although some state high courts have dismissed cases charged under this law. By year’s end, four other state governments announced plans to enact similar legislative measures: Haryana, Karnataka, Gujarat, and Assam. Since March, Madhya Pradesh has required prior permission from a district official to convert to a spouse’s faith in case of interfaith marriage, has permitted the annulment of a fraudulent marriage, and set the penalties for violators at a prison term of up to 10 years without bail and fines up to 100,000 rupees ($1,300).

International Religious Freedom Report for 2021

judges the recipient to be acting against “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

NGOs, including religious organizations, may use 20 percent of their funding for administrative purposes and are prohibited from transferring foreign funds to any other organization or individual.

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 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.

International Religious Freedom Report for 2021

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-five 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 most of the states where bovine slaughter is banned, penalties include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($13-$130). Since August, when the Assam state government enacted new legislation, penalties have included minimum imprisonment of three years or a fine between 300,000 and 500, rupees ($4,000-$6,700) or both, without being eligible for bail prior to trial, for slaughtering, consuming, or transporting cattle. Since February, the slaughter of all cattle, except for buffalo older than age 13, has been illegal in Karnataka, with violators subject to imprisonment of between three and seven years and penalties between 500,000 and 1,000,000 rupees ($6,700-$13,500). 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 and a maximum sentence of life imprisonment for killing cows, selling beef, and illegally transporting cows or beef.

One state, Madhya Pradesh, imposes fines of 25,000 to 50,000 rupees ($340-$670) 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 only 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

International Religious Freedom Report for 2021

allegation. On August 27, the two men — Mohammad Arzoo and Mohammad Aurangzeb — filed a complaint with Jamshedpur police that they were tortured by seven police personnel. According to a media report, no action was taken against the accused police officers by year’s end.

The government did not release data on communal violence during the year. Government data from 2020 reported a large increase in communal violence compared to 2019, largely due to the February 2020 violence and protests following passage of the Citizenship Amendment Act (CAA). The CAA provides an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Afghanistan, and Bangladesh who had entered the country on or before December 31, 2014. Similarly situated Muslims, Jews, members of other faiths, and atheists from these three countries were not included. The government argued the law was necessary to provide protections for religious minorities from those countries.

The National Crimes Record Bureau reported 857 instances of communal violence in 2020 compared to 438 in 2019. According to both media and the Crime in India for 2020 report, released in September, police arrested 1818 individuals throughout 2020 for the protests in Northeast Delhi. The report said that 53 persons including two security personnel were killed in the protests, and 581 individuals, including 108 police personnel, were injured. Of those killed, 35 were Muslim and 18 Hindu. Of those arrested, 956 were Muslim and 868 Hindu. By the end of the year, 1204 individuals remained in jail, 544 individuals had been released on bail, various courts in Delhi were processing 250 outstanding criminal complaints, and Delhi police were investigating an additional 350 criminal complaints related to the riots. Those numbers continued to fluctuate due to the ongoing hearings. The first conviction was a Hindu male in December for setting a Muslim resident’s house on fire as part of a mob.

The Crime in India for 2020 report said the riots resulted from the Muslim community’s “feeling of discrimination” due to the NRC and the CAA, and certain groups with “vested interests capitalized on this feeling and further aroused the sentiments of this community against the central government.” The Assam State government published its NRC in 2018 to define citizenship, and any Assamese resident who did not appear on the list would need to go before the Foreigners’ Tribunal, a quasi-judicial body, which would declare them a foreigner or citizen. An estimated one-third of Assam’s 33 million residents are Muslim. The Muslim community and media expressed concern that the NRC, a proposed list of all citizens being implemented only in the state of Assam, coupled with the national

International Religious Freedom Report for 2021

CAA, could result in Muslims being determined to be “illegal immigrants” and detained or deported. None had been deported by the end of the year.

Opposition parties and civil society members continued to criticize the probe into the riot cases and accused Delhi police of targeting minorities, a charge Delhi police and the national Home Ministry (responsible for police oversight) denied. In a press conference on September 13, several prominent civil society members and activists said Delhi police were responsible for “derailing” the probe and demanded release of individuals arrested for the rioting or protesting against the CAA. Various courts also criticized the Delhi police for inadequate investigation of the riots, which Muslim academics, human rights activists, former police officers, and journalists said reflected police anti-Muslim bias, while deflecting the investigation away from those responsible. A lower court in Delhi imposed a fine of 25,000 rupees ($340) on the Delhi police for “callous” investigation into the case of one man who said police shot him in the eye during the riots. The judge said the police had “miserably failed” their duty in that case. The Delhi High Court stayed the fine but upheld the lower court judge’s criticism of the riot investigation. Critical court rulings led to the Delhi police setting up a Special Investigation Cell to monitor progress of the Delhi riots investigation.

During the year, Delhi courts released some of those arrested during the 2020 riots. In July, for example, a court dropped charges against a Hindu man who was held for over a year in pretrial custody after being accused of joining a mob that burned and looted a shop the mob thought was Muslim-owned, according to media reports.

The case against activist and former Jawaharlal Nehru University student Umar Khalid, a Muslim, who told a court in 2020 he had spent time in solitary confinement after being arrested during the riots, remained ongoing at year’s end and he remained in custody. Media reported that during a bail hearing, Khalid’s lawyer argued the police officer who originally filed charges against his client had been influenced by the communal tension during the riots and the charges were fabricated. In September, prominent civil society groups demanded Khalid’s release, describing him a “defender of human rights” and a “peace activist.”

By year’s end, the government had not enacted rules to implement the CAA, and the Supreme Court had not heard any of the more than 100 legal challenges to the act.

International Religious Freedom Report for 2021

accusations by the various Hindu nationalist affiliates of the BJP and the Hindu nationalist organization RSS.

In Uttar Pradesh, between November 2020 and November 2021, police filed 148 cases against 359 persons for violating laws restricting conversion. According to state police records, the police completed investigations in 113 cases and filed charges in 90, but media reported that no case had been decided by the courts in Uttar Pradesh by year’s end. Media reported that 72 of the 359 had charges dropped against them for lack of evidence. According to a faith-based NGO, between June and September, at least 71 Christian leaders were arrested in Uttar Pradesh after Hindu nationalists accused them of carrying out illegal conversions.

In June, the Uttar Pradesh Anti-Terrorism Squad (ATS) arrested Muslim clerics Mohammad Umar Gautam and Mufti Qazi Jahagir Alam Qasmi for performing illegal conversions. Police told media the two had been running a “huge conversion racket.” The ATS later arrested eight more individuals whom police said were performing conversions at the Islamic Dawah Centre by offering “education, marriage, and jobs” to poor people. According to media reports, eight of those arrested, including the two clerics, were charged in September with “illegal conversions” and “waging war against India.”

On October 7, the Uttar Pradesh ATS arrested a Muslim man in connection with his activities as a member of a WhatsApp group that encouraged individuals to convert to Islam. ATS told media that the man had been involved in illegal conversion activities since 2016 and that he and others “spread religious hatred” by inducing people to convert to Islam.

On October 10, seven Protestant pastors in Mau District in Uttar Pradesh were taken into judicial custody pending a police investigation after being arrested on charges of unlawful religious conversions.

In March, Uttar Pradesh police detained two nuns and two postulants from the Sacred Heart convent of the Syro-Malabar Church in Kerala after Hindu activists riding with them on a passenger train said the nuns were forcibly converting the postulants to Christianity, according to media reports. According to the Evangelical Fellowship of India’s (EFI) report covering January-June, police immediately arrested the four and took them to the local police station followed by a crowd of 150 “religious radicals.” The police released the four after five hours of questioning and did not press charges. In a statement, the Church said the four continued their journey with police protection.

International Religious Freedom Report for 2021

In January, according to the EFI report, police in Malkangiri District of Odisha arrested Raja Kartami for violating the state’s conversion restriction laws following a complaint from his Hindu in-laws that he was forcing his wife to become a Christian. As of year’s end, Kartami was in jail awaiting trial.

In August, Haryana Chief Minister Manohar Khattar announced that the state would consider drafting legislation to stop forced religious conversions in response to incidents of “love jihad” (a derogatory term referring to Muslim men seeking to marry women from other faiths to convert them to Islam). Such legislation had not been introduced by year’s end.

On September 21, Karnataka Home Minister Araga Jnanendra announced that his government would propose legislation to prevent forced religious conversions in the state. Following this announcement, a delegation of Karnataka-based Catholic bishops, led by Archbishop of Bengaluru Peter Machado, met with state Chief Minister Basavaraj Bommai to discuss the proposed legislation. The delegation expressed concern, should the legislation become law, about the potential misuse of the law to falsely accuse the Christian community of engaging in forced conversions. On December 23, the Karnataka State Legislative Assembly passed the “anti-unlawful conversion bill,” which would prohibit forced religious conversion in the state. At year’s end, the bill was pending approval by the State Legislative Council.

In October, the Uttarakhand government stated it intended to amend existing law and empower police to register cases based on allegations of forced religious conversion. The existing state law requires such allegations to be handled directly by the courts. Madan Kaushik, the BJP’s president in Uttarakhand, told media in October that “Our party’s line is clear that no conversion will be tolerated.” A civil rights attorney in the state expressed concern that such a change in the law could lead to abuse. She said, “A citizen is somewhat protected if the court hears the complaint and proceeds with the matter. However, if the state police are given the power to register FIRs [in forced conversion cases], there is no protection from misuse.”

In February, the Supreme Court declined to hear petitions from NGOs and activists challenging the constitutionality of the conversion restriction laws in Uttar Pradesh and Uttarakhand, deferring the challenges first to the respective state high courts.

International Religious Freedom Report for 2021

Teresa’s Missionaries of Charity. The MHA reversed the denial several weeks later. The original MHA announcement of the action cited unnamed “adverse inputs” against the NGO. Some media reports noted that the government decision came days after police filed a complaint against the director of a children’s home run by the Missionaries of Charity in Gujarat state for attempting to convert young girls to Christianity although the Ministry of Home Affairs did not attribute a linkage between the two events.

NGOs, including faith-based organizations, continued to criticize the requirements of the FCRA as constraining civil society and religious organizations. Opponents of the FCRA amendments called the requirements onerous and a barrier to organizations continuing to work in the country. The government continued to say the FCRA law strengthened oversight and accountability of foreign NGO funding in the country.

In a July virtual session hosted by the U.S.-based nonprofit Indian American Muslim Council on Religious Freedom in India, Amnesty International USA said the organization was forced to halt all operations in the country in 2020 because of the FCRA requirements. The Amnesty representative said the FCRA requirements were one example of “the Indian government activating their overall governmental framework” to crush opportunities for upholding religious freedom.

In March, the MHA stated 22,678 NGOs had been granted registration under the FCRA during the last five years. The government also reported the registrations of 2,742 NGOs had been revoked from 2018 to 2020 for noncompliance, the most recent data available.

In its annual report, international NGO Human Rights Watch (HRW) said the government adopted laws and policies that discriminated against religious minorities, especially Muslims. HRW also said some BJP leaders vilified Muslims and police failed to act against some BJP supporters who committed violence, a combination that emboldened some Hindu nationalist groups to attack Muslims and government critics with impunity.

On January 4, police officials in Karnataka’s Hassan District banned a Christian prayer service, according to media reports. A senior police officer asked the worshippers, who included 50 individuals from 15 families, to show proof they were Christians; he later accused them of having been converted to Christianity and misrepresenting their religion by claiming they had been Christian from birth.

International Religious Freedom Report for 2021

Police did not charge the families and warned the worshippers against conducting prayer gatherings without permission.

According to ICC, police shut down a house church in Dharmapuri, Telangana on February 28 following a complaint from a local Hindu group, which had also disrupted the church service there. The NGO stated that the police invoked a 2007 Andhra Pradesh state law, later adopted by the state of Telangana, to close down the church because Dharmapuri is designated by the law as a “temple town.” The pastor told ICC he had been leading worship in his home for five years without problems. While the town of approximately 78,000 persons is overwhelmingly Hindu, there are more than 300 Christians and more than 2,000 Muslims living there.

On July 24, Tamil Nadu police arrested Father George Ponnaiah, a Catholic priest based in Nagercoil, south Tamil Nadu, for alleged hate speech against Hindu gods, the Prime Minister, the Home Minister, and the state government in Tamil Nadu. Ponnaiah was in custody for 16 days. At year’s end, Ponnaiah was released on bail, awaiting trial. If convicted, he could face a prison term up to five years. Archbishop of Madurai Antony Pappusamy publicly criticized Ponnaiah for his statements.

On January 1, police in Indore, Madhya Pradesh, arrested stand-up comedian Munawar Faruqi and five associates after Eklavya Gaur, the son of state Member of Legislative Assembly Malini Gaur and the head of a local Hindu nationalist group, filed a police complaint stating he overheard the comedian and his associates using religiously offensive language during rehearsal. On February 6, Indore prison authorities released Faruqi after the Supreme Court granted him bail. The Madhya Pradesh High Court later granted bail to Faruqui’s five associates.

On January 14, Andhra Pradesh police arrested nondenominational Christian pastor Praveen Chakravarthi for “disturbing communal harmony” after one of his videos from 2013 circulated on social media. In the video, in a conversation with the head of a U.S.-based NGO, Chakravarthi discussed his evangelism in the country. After his arrest, Chakravarthi’s bank accounts were frozen. He was later released on bail, and no further action was reported by the end of the year.

On August 19, Hyderabad police arrested Pastor Honey Johnson from Visakhapatnam in Andhra Pradesh on the charge of making derogatory remarks against Hinduism and Hindu deities on his YouTube channel. Members of his

International Religious Freedom Report for 2021

FCRA law strengthened oversight and accountability of foreign NGO funding in the country.

In October, media reported Hindu protesters in Haryana said Muslims had been using public property to conduct daily prayers for four weeks without authorization from local authorities. The Muslim worshippers, who numbered 200 according to the media, had been praying outside in an area not designated for prayer. The protestors said they would continue to “protest peacefully” until the police took action. Haryana Chief Minister Khattar stated prayer in public spaces would be prohibited. Muslim groups representing the worshippers stated they were offering prayers at places designated by Haryana government officials. On December 16, Muslim former MP Mohammed Adeeb filed a petition in the Supreme Court seeking action against Haryana government officials for not following directions to allow Muslims to offer prayers at designated public spaces. The Supreme Court had not ruled on the matter at year’s end.

The government closed the 600-year-old Jamia Mosque, which serves the largest Muslim congregation in Jammu and Kashmir, for 45 of the 52 Fridays during the year. According to media reports, the chief imam of Jamia Mosque remained in home detention during closure of the mosque. Some other mosques in the region closed by the government in August 2019 when it abrogated Article 370 (state status) in Jammu and Kashmir were allowed to reopen during the year. Since 2019, the government has continued to close mosques in the area periodically, sometimes for long intervals.

In May, authorities in Uttar Pradesh bulldozed a 100-year-old mosque in Barabanki on the grounds that it was an illegal structure. The destruction followed a March 15 order from the state government to cease worship in the mosque so it could be demolished. The government also said it blocked traffic. Muslim leaders said the destruction violated a court order suspending destruction of all “illegal” structures until the end of May and said they would take the case to the Supreme Court. The government then tried to block access to the mosque by building a wall, which according to media led to public protests in which activist Syed Farooq Ahmad stated at least 30 persons were arrested and others were beaten. Two days after authorities demolished the mosque, the Sunni Waqf Board of Uttar Pradesh filed a petition in the Allahabad High Court demanding the government reconstruct the mosque. The court had not ruled on the matter at the end of the year.

On September 6, opposition legislative assembly members from the BJP in Jharkhand protested the state government decision to offer a room in the state

International Religious Freedom Report for 2021

assembly building for Muslims to pray. Media reported that BJP legislators loudly disrupted the assembly session that day with Hindu chants and instruments, calling for the prayer room decision to be rescinded or a separate Hindu prayer room also be designated in the building. In a media interview, BJP national vice-president Raghubar Das said that the [Muslim] members of the state assembly from the Jharkhand government “openly support the Taliban. A separate Namaz Hallim [Muslim prayer room] in the Jharkhand Legislative Assembly is a result of this ideology. Otherwise, any person who believes in Indian democracy would not do such an act.”

In January, two residents of Ayodhya, Uttar Pradesh, filed a petition in the Allahabad High Court challenging the Central Bureau of Investigation (CBI) court’s September 2020 acquittal of all 32 persons, including BJP politicians, charged in the 1992 demolition of the Babri Mosque in Ayodhya.

In May, the Assam government implemented the 2020 Assam Repealing Bill, which abolished the 1995 Assam Madrassa Education (Provincialization) Act and 2018 Assam Madrassa Education (Provincialization of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act. Implementation of the act resulted in removal of the theological content from the curriculum at 700 state- run madrassahs and converted them into regular public schools. Theological content was also removed from the state-run Sanskrit schools, but analysts indicated that madrassahs were impacted in greater numbers. Privately-run madrassahs and Sanskrit schools were not impacted by the state government measure.

On October 19, 2020, the Allahabad High Court in Uttar Pradesh ruled that the state’s Prevention of Cow Slaughter Act “was being misused against innocent persons” and granted bail to a Muslim arrested under the act. Uttar Pradesh police had filed charges in 1,716 cases of cow slaughter and made more than 4,000 arrests under the act as of August. According to Uttar Pradesh State government data, the National Security Act (NSA) was also invoked in some cow slaughter cases; observers said this was to make the charges more serious. Persons detained under the NSA could be held up to 12 months without formal charges. A media investigation revealed that between January 2018 and December 2020, the Allahabad High Court had annulled detention orders and freed those arrested under the NSA in 94 of 120 cases it heard under the Prevention of Cow Slaughter Act in Uttar Pradesh.