A/HRC/10/8/Add.3
page 8
not state their religious affiliation or belonged to other religions or beliefs, including Bahai’s,
Jews and Zoroastrians (Parsis).8 The next official census, which will again include disaggregated
data on religious demography, is scheduled to take place in 2011.
15. In 1993, the Indian Central Government notified Muslims, Christians, Sikhs, Buddhists
and Zoroastrians (Parsis) as “minority” communities under section 2(c) of the National
Commission for Minorities Act 1992. The National Commission for Minorities is mandated to
make recommendations for the effective implementation of safeguards for the protection of the
interests of “minorities” by the Central Government or the State Governments as well as to look
into specific complaints regarding deprivation of rights and safeguards of the “minorities” and
take up such matters with the appropriate authorities. In 1997, an organization representing a
section of the Jain community sought issuance of a direction to the Central Government to also
notify Jains as a “minority” community under this provision. However, the Supreme Court in
2005 emphasized that before the Central Government can take decision on claims of Jains as a
“minority” community, the identification has to be done on a state basis, also considering the
social, cultural and religious conditions of the community in each state.9
B. Issues of concern
16. The Special Rapporteur would like to highlight selected aspects of the status of freedom of
religion or belief in India. She will focus on the following issues of concern: (1) the situation of
religious or belief minorities; (2) justice for victims and survivors of communal violence; (3)
freedom of religion or belief in Jammu and Kashmir; (4) the negative impact of laws on religious
conversion in several states; and (5) implications of religion-based personal laws.
1. Situation of religious or belief minorities
17. Before and during her mission, the Special Rapporteur received numerous reports of
attacks on religious minorities and their places of worship as well as of discrimination against
the disempowered sections of the Hindu community. Organised groups claiming adherence to
religious ideologies have unleashed an all-pervasive fear of mob violence. Furthermore, concerns
have been raised with regard to the social, economic and educational status of minority
communities. In order to illustrate the situation of religious minorities, the Special Rapporteur
wishes to briefly give some examples.
8
It is not possible to compare these 2001 figures directly with the data provided in Mr. Amor’s
report (E/CN.4/1997/97/Add.1, paras. 18-20) since the 1981 official census was not conducted in
Assam and the 1991 official census was not conducted in Jammu and Kashmir. The Special
Rapporteur would also caution against improper utilization and communal interpretations of the
respective communities’ growth rates which may ultimately lead to a more polarized and
intolerant society.
9
Supreme Court of India, Bal Patil and Another v. Union of India and Others, judgement
of 8 August 2005.