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V. CONCLUSIONS AND RECOMMENDATIONS
59. Historically, India has been home to believers of a whole range of religions and beliefs
and India’s society is still characterized by a remarkable religious diversity. The Supreme
Court has recently emphasized that “India is a country of people with the largest number
of religions and languages living together and forming a Nation”. The Special Rapporteur
would like to acknowledge that such diversity poses particular challenges for the executive,
legislative and judicial branches. There are democratic safeguards within the political
system and the institutions have accumulated a vast experience in protecting human rights.
Many of the Special Rapporteur’s interlocutors have pointed to the positive impact of
Indian secularism as embodied in the Constitution as well as to the high degree of human
rights activism in India.
60. The central Government has developed a comprehensive policy pertaining to
minorities, including religious ones. In this context, the Special Rapporteur would like to
laud the Prime Minister’s New 15 Point Programme for Welfare of Minorities as well as
various reports on religious minorities, for example the reports issued by the committees
headed by Justice Rajinder Sachar in 2006 and by Justice Renganath Misra in 2007. Such
committees mandated by the Government are good examples of mechanisms put in place to
analyse the situation and put forward recommendations for Government action. Concrete
follow-up to such recommendations both at the national and at the state levels seems vital
in order to address the problems identified in these reports.
61. The National Commission for Minorities, too, has taken up several challenges. Their
members took prompt action and issued independent reports on incidents of communal
violence with concrete recommendations. However, the performance of various state
human rights commissions depends very much on the selection of their members and the
importance various governments attach to their mandates. It is vital that members of such
commissions have acute sensitivity to human rights issues and they must reflect the
diversity of the state, particularly in terms of gender, since women are often subject to
religious intolerance. The inclusion of women in such commissions would be welcomed by
the Special Rapporteur as she noticed that women’s groups across religious lines were the
most active and effective human rights advocates in situations of communal tension in
India.
62. All of the Special Rapporteur’s interlocutors recognised that a comprehensive legal
framework to protect freedom of religion or belief exists, yet many of them - especially
from religious minorities - remained dissatisfied with its implementation. Since the political
system of India is of a federal nature and states have wide powers, including in the field of
law and order, the level of action of the Government to protect its citizens in terms of
freedom of religion or belief varies from state to state. The Special Rapporteur would like
to recognize the efforts and achievements of the central Government. However, several
issues of concern with regard to intolerance and discrimination based on religion or belief
remain pertinent, especially in the context of certain states.