A/HRC/10/8/Add.3 page 2 Summary The Special Rapporteur on freedom of religion or belief undertook a country visit to India from 3 to 20 March 2008, upon the invitation of the Government. The present report gives an overview of the international legal standards and the domestic legal framework on freedom of religion or belief. The Special Rapporteur refers to the religious demography and highlights selected aspects of the status of freedom of religion or belief in India. She focuses on the following issues of concern: the situation of religious or belief minorities; justice for victims and survivors of communal violence; freedom of religion or belief in Jammu and Kashmir; the negative impact of laws on religious conversion in several states; and implications of religion-based personal laws. In the last part of the report, the Special Rapporteur presents her conclusions and recommendations. She notes the religious diversity of society in India and the positive impact of secularism as embodied in the Constitution, as well as the high degree of human rights activism in the country. Even though a comprehensive legal framework to protect freedom of religion or belief does exist, many of her interlocutors, especially from religious minorities, remain dissatisfied with its implementation. Owing to the federal nature of the political system, Indian states have wide powers, including in the field of law and order. While recognizing the efforts and achievements of the central Government, the Special Rapporteur focuses on issues of concern with regard to intolerance and discrimination based on religion or belief, especially in certain states. Organized groups claiming adherence to religious ideologies have unleashed an all-pervasive fear of mob violence in many parts of the country. Referring to her predecessor’s report on his visit to India (E/CN.4/1997/91/Add.1), the Special Rapporteur stresses the need to prevent political exploitation of communal distinctions effectively and to address adequately advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence. The Special Rapporteur appeals to the 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. Any specific legislation on communal violence should take into account the concerns of religious minorities and must not reinforce impunity of communalized police forces at the state level. While inquiries into large-scale communal violence should not be performed hastily, they should be accorded the highest priority and urgency by the investigation teams, the judiciary and any commission appointed to study the situation. Furthermore, the laws and bills on religious conversion in several Indian states should be reconsidered since they raise serious human rights concerns, in particular because of the use of vague or overbroad terminology and discriminatory provisions. In addition, the eligibility for affirmative action benefits should be restored to those members of scheduled castes and scheduled tribes who have converted to another religion. Finally, religion-based personal laws should be reviewed to prevent discrimination based on religion or belief and to ensure gender equality.