A/HRC/10/8/Add.3
page 4
I. INTRODUCTION
1.
Following an invitation by the Government of India, the Special Rapporteur on freedom of
religion or belief carried out a country visit to India from 3 to 20 March 2008. During her
mission, the Special Rapporteur met with Government officials and political leaders as well as
representatives of religious or belief communities, members of civil society and academics. She
travelled to Amritsar, Delhi, Jammu, Srinagar, Ahmedabad, Mumbai, Thiruvananthapuram,
Bhubaneswar and Lucknow.
2.
During her country visit, the Special Rapporteur had the opportunity to meet with several
Government officials, including the Ministers of External Affairs, of Minority Affairs and of
Culture as well as with the Chief Ministers of Delhi, Jammu and Kashmir, Gujarat, Kerala and
Orissa. She also met with the Solicitor General, several Supreme Court Justices and High Court
Judges. In Delhi, the Special Rapporteur met with the chairperson and members of the National
Commission for Minorities as well as of the National Human Rights Commission. Officials met
in Jammu and Kashmir, Gujarat, Maharashtra, Kerala and Uttar Pradesh also included
representatives of the states’ human rights or minority commissions.
3.
In addition, the Special Rapporteur was able to collect first hand information and
documents on the state of freedom of religion or belief in India. During her visit, the Special
Rapporteur spoke with representatives of various religious or belief communities, including
Baha’is, Buddhists, Christians, Hindus, Humanists, Jains, Muslims, Sikhs and Zoroastrians
(Parsis). Additional civil society meetings were held with academics, journalists, human rights
activists, lawyers and professionals from the visual arts industry. The Special Rapporteur was
impressed by the vigour with which many members of civil society organizations and artists,
particularly by those affiliated with the film industry, are challenging discrimination based on
religion or belief and are proposing concrete means how to overcome religious intolerance.
4.
The Special Rapporteur also met with representatives of the United Nations Development
Programme; the United Nations Population Fund; the United Nations Development Fund for
Women; and the International Labour Organization. The Special Rapporteur is grateful for the
logistical support provided by the office of the United Nations Resident Coordinator. She also
would like to acknowledge the high level of cooperation received from both the Government and
from the people of India.
5.
Mr. Abdelfattah Amor, the second mandate-holder, undertook a mission to India in 1996.
Therefore, the Special Rapporteur perceived her country visit and this report as an opportunity to
follow-up on her predecessor’s recommendations1 and to analyze developments over the past
twelve years. In the present report, the Special Rapporteur first outlines the relevant international
legal standards and then gives an overview of the domestic legal framework on freedom of
religion or belief. The third part refers to the religious demography and highlights selected
aspects of the status of freedom of religion or belief in India. Finally, the Special Rapporteur
presents her conclusions and recommendations.
1
See Mr. Amor’s report (E/CN.4/1997/91/Add.1) and the reply by the Government of India
(A/53/279, annex).