A/53/279
indicate your comments as well as measures undertaken
and/or envisaged by your Government.
Comments and measures
Electoral reforms have been a continued feature of the
Indian polity. India has an independent constitutional body,
the Election Commission of India, to supervise elections both
at the Federal and state levels. Its impartial and strict handling
of elections is widely recognized. The Representation of
Peoples Act, 1951, is the major law governing elections in
India. The Government is committed to the scrupulous
implementation of this Act. Whenever a need has been felt to
amend certain sections/provisions of the Act, the Election
Commission has made suitable recommendations and new
provisions have been brought in or existing ones amended.
For example, the Act underwent significant changes in August
1996. The Supreme Court has also contributed to the process
of electoral reforms through a number of landmark
judgements (e.g. Civil Petition No. 24 of 1995 on election
expenditure).
Appeal to religion is prohibited under the Indian
election laws and the case law on this is well-established.
There is a related legislation to prevent the misuse of religious
places for political purposes (discussed later). While existing
election laws are deemed by the Government of India to
provide sufficient safeguards, legislation in all important
areas including elections is under the constant scrutiny of the
Parliament.
Recommendations
Taking into account paragraph 93 of the report, “The
Special Rapporteur also considers that places of worship
should be used exclusively for religious, and not political,
purposes. As places for prayer and meditation, they should
be protected against tension and partisan struggle. The State
should therefore ensure that places of worship remain neutral
ground and are sheltered from political currents and
ideological and partisan controversy. In this connection the
Special Rapporteur urges that the dispute concerning
Ayodhya should be settled on terms acceptable to the Muslim
and Hindu communities. Although the Babri Masjid case can
be partially settled by legal means, it must be approached with
an exceptional degree of caution and an equally exceptional
degree of wisdom. Calling into question situations and rights
that are rooted in the distant past is likely to open the door to
a sequence of events which could have unforeseeable
consequences and in particular lead, through acts of violence
performed in the name of an extremist conception of religion,
to disorders in various parts of India, the news of which, as
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it spreads internationally and, more especially, throughout the
region, may affect peace and security within the region. The
most logical solution would seem to be to restore these places
of worship as they were before the riots occurred – unless the
religious communities concerned decide to effect a symbolic
exchange as a means of cooling passions and reducing
tensions. The authorities must remain on the watch to prevent
the recurrence of such traumatic incidents, which are sources
of division and hate between communities. It is important that
the Indian authorities should be fully aware that the dangers
in this area are not purely theoretical”, the Special Rapporteur
would appreciate if you could indicate your comments as well
as measures undertaken and/or envisaged by your
Government.
Comments and measures
The Special Rapporteur has rightly observed that places
of worship should be used exclusively for religious purposes.
In the light of serious incidents of abuse of religious places,
the Religious Institutions (Prevention of Misuse) Act, 1988,
was enacted with a view to maintaining the sanctity of
religious places and to prevent their misuse for political or
criminal activities. It, inter alia , casts responsibility on the
management of the concerned institution to inform the police
in the event of misuse of the place of worship. The Act also
prohibits storage of arms and ammunition inside any place of
worship. The Government of India is committed to ensuring
that religious places are not misused for the promotion of
intolerance.
Ayodhya issue
By the Supreme Court judgement of 24 October 1994,
the pending suits and other proceedings relating to the
disputed Ram Janma Bhoomi-Babri Masjid area have been
consolidated for final adjudication of the dispute by the
Allahabad High Court. The role of the central Government,
which was vested with the control of the disputed area by an
earlier ordinance, has been limited by this judgement to that
of a statutory receiver with the duty to maintain the status quo
till the adjudication of the title suits. Thus, the disputed area
cannot be handed over to anybody for construction of a
temple, mosque or any other structure except as decided by
the High Court in the title suits. In compliance with the above
judgement, the central Government has made all appropriate
arrangements to maintain the status quo in the disputed area.
As regards the observation made by the Special
Rapporteur that the dispute be settled on terms acceptable to
the Muslim and Hindu communities, it may be mentioned that
prior to the demolition of the disputed structure on 6