E/CN.4/1997/91/Add.1
page 13
cases foreign missionaries have encountered administrative obstacles when
seeking Indian entry visas. Finally, examples were quoted of restrictions on
transfers of foreign funds destined for Christian institutions in certain
States, including the State of Maharashtra.
59.
However, these manifestations of intolerance and discrimination based on
religion, which find their source in Hindu extremism and its increasing
influence on society and the authorities stand in contrast to the generally
satisfactory position of Christians (including foreign clergy) with regard to
proselytism and religious activities in general. The Special Rapporteur was
able to observe that foreign missionaries in India are proselytizing actively
and openly. As regards conversions, it should be observed that the majority
of cases occurred in the past, some of them entailing changes of religion in
exchange for material benefits.
60.
In this connection the Special Rapporteur also wishes to describe the
situation of the untouchables converted to Christianity. Although there is no
general tendency at the present time for Hindu untouchables to convert to
Christianity (conversions are by isolated individuals, mainly to escape the
iniquitous caste system), an active lobby of converted Dalits is protesting
against the withdrawal of State measures benefiting untouchables (reservation
of positions in the public education system, reserved jobs in State
enterprises as part of a “positive discrimination” programme designed to
facilitate the economic and social integration of untouchables) when they
convert to a non-Hindu religion; they consider that this practice constitutes
an obstacle to conversions.
61.
According to the information received, the State appears to be
endeavouring to improve the situation of converted untouchables, while paying
due regard to the concept of citizenship. The Secretary of the Ministry of
Law in Delhi, in particular, has pointed out that the conversion of a Hindu
untouchable to another religion gives rise to the loss, not of rights, but of
privileges. The National Human Rights Commission explained that the demands
of the Christian Dalits were of recent origin inasmuch as previously, by
rejected their former status as untouchables, they had declined all State aid.
It added that the Government was prepared to meet this demand at a future date
and that an appropriate proposal was before Parliament.
62.
The Special Rapporteur was also informed of the situation of Christians
in Kashmir. In the context of the armed conflict which affects every Indian
citizen, regardless of his religion, isolated cases of intolerance on the part
of Muslim extremists punishing the very few Muslims who do convert to
Christianity did occur; nevertheless, it appears that the Christian minority
can carry on its religious activities freely.
(b)
Religious instruction
63.
In accordance with the provisions of the Constitution, the public
schools provide education which is secular and non-religious but respectful of
religions, particularly in the context of courses on general ethical
principles. Minorities can establish their own schools; these include schools