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63. Organised groups claiming roots in religious ideologies have unleashed an allpervasive fear of mob violence in many parts of the country. Law enforcement machinery
is often reluctant to take any action against individuals or groups that perpetrate violence
in the name of religion or belief. This institutionalised impunity for those who exploit
religion and impose their religious intolerance on others has made peaceful citizens,
particularly the minorities, vulnerable and fearful.
64. In this report the Special Rapporteur would also like to follow-up on her
predecessor’s country visit to India in 1996 and on his pertinent recommendations. As the
communal violence in Gujarat in 2002 evidences, Mr. Amor was unfortunately prophetic in
his country report, in which he expressed his fears that “something in the nature of the
Ayodhya incident will recur in the event of political exploitation of a situation”
(E/CN.4/1997/91/Add.1, para. 46). She is also very much concerned about the degree of
polarization in some pockets of different faith groups and about the danger of chain
reactions that can be triggered by communal tensions. The Special Rapporteur would like
to emphasize that there is at present a real risk that similar communal violence might
happen again unless political exploitation of communal distinctions is effectively prevented
and advocacy of religious hatred that constitutes incitement to discrimination, hostility or
violence is adequately addressed.
65. It is a crucial - albeit difficult - task for the State and civil society to challenge the
forces of intolerance. The Special Rapporteur would like to refer to encouraging examples
where private individuals have come to each other’s rescue during communal violence,
crossing all religious boundaries. Indeed, a large number of victims in Gujarat recognised
the positive role played by some national media channels and other courageous individuals
who effectively saved lives during the communal violence in 2002.
66. The visual arts industry in India has played an important role in public education
regarding religious tolerance and can contribute to the prevention of communal tensions.
However, due to its visibility and potential impact on the population, the visual arts
industry remains a target of mob pressure and intimidation by non-State actors. While any
advocacy of religious hatred that constitutes incitement to discrimination, hostility or
violence needs to be prosecuted, this subtle form of self-censorship begs the question how
the State could prevent the build-up of an atmosphere of fear of repercussions and mob
pressure.
67. The Special Rapporteur appeals to the Indian authorities to take quick and effective
measures to protect members of religious minorities from any attacks and to step up efforts
to prevent communal violence. Legal aid programmes should be made available to survivor
groups and minority communities in order to effectively prosecute and document cases of
communal violence. Furthermore, a central telephone hotline might be set up to accept
complaints and to register allegations concerning police atrocities. Any specific legislation
on communal violence should take into account the concerns of religious minorities and
must not reinforce impunity of communalised police forces at the state level.