A/HRC/10/8/Add.3
page 5
II. INTERNATIONAL LEGAL STANDARDS
6.
The right to freedom of religion or belief are enshrined in various international legal
instruments.2 These include articles 2, 18-20 and 26-27 of the International Covenant on Civil
and Political Rights; article 13 of the International Covenant on Economic, Social and Cultural
Rights; article 2 of the Convention on the Elimination of All Forms of Discrimination against
Women;3 article 5 of the International Convention on the Elimination of All Forms of Racial
Discrimination; articles 2, 14 and 30 of the Convention on the Rights of the Child and article 12
of the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. Apart from the latter, India has ratified all of the other
above-mentioned human rights treaties.
7.
Furthermore, the Special Rapporteur is guided in her mandate by other relevant
declarations, resolutions and guidelines of various United Nations bodies, including those issued
by the General Assembly, the Human Rights Committee, the former Commission on Human
Rights and the Human Rights Council. Of these instruments, of particular relevance for the
mandate are articles 2, 18 and 26 of the Universal Declaration of Human Rights as well as
the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief.
III. DOMESTIC LEGAL FRAMEWORK ON
FREEDOM OF RELIGION OR BELIEF
8.
The Special Rapporteur would like to refer to her predecessor’s country report concerning
India’s legislation in the field of tolerance and non-discrimination based on religion or belief
(E/CN.4/1997/91/Add.1, paras. 5-16). In his report, Mr. Amor discussed various provisions of
the Constitution of India; the Penal Code; the Unlawful Activities (Prevention) Act 1967; the
Religious Institutions (Prevention of Misuse) Act 1988; the Places of Worship (Special
Provisions) Act 1991; and the Representation of the People Act 1951.
9.
Since 1996, a number of laws pertaining to freedom of religion or belief have been
amended and new ones adopted, both at the central and state levels. According to the Unlawful
Activities (Prevention) Amendment Act 2004, members of an “unlawful association”, which for
2
For an overview of the Special Rapporteur’s legal framework, see her reports to the
Commission on Human Rights (E/CN.4/2005/61, paras. 15-20 and E/CN.4/2006/5, annex)
as well as the online digest of her framework for communications (www2.ohchr.org/english/
issues/religion/standards.htm).
3
Upon ratification of the Convention on the Elimination of All Forms of Discrimination against
Women, the Government of India declared that it shall abide by and ensure the provision on
marriage and family relations (article 16 (1) of the Convention) “in conformity with its policy of
non-interference in the personal affairs of any Community without its initiative and consent”.
With regard to the principle of compulsory registration of marriages according to article 16 (2) of
the Convention, the Government declared that this is “not practical in a vast country like India
with its variety of customs, religions and level of literacy”.