E/CN.4/1997/91/Add.1
page 17
in the administration of justice were also described, but they appear to have
been connected with the anti-terrorist campaign rather than the Sikh beliefs
of the accused persons.
III.
CONCLUSIONS AND RECOMMENDATIONS
80.
The Special Rapporteur first of all considered the legislation in the
field of tolerance and non-discrimination based on religion or belief
(sect. 1), and secondly the implementation of that legislation and the policy
in force (sect. 2). His analysis covered the Christian, Muslim and Sikh
minorities in the religious and non-religious fields and their relationships
with society and the State.
81.
After careful thought, and on completion of the study and his
consultations, the Special Rapporteur considers that the situation in India
with regard to tolerance and non-discrimination based on religion is,
generally speaking, satisfactory. He also considers that the democratic
functioning of political institutions, notwithstanding objective difficulties
and a few setbacks, remains a fundamental element making for tolerance and
non-discrimination. While the situation is generally favourable, exceptions
do exist and should be prevented and remedied.
82.
The Special Rapporteur has sought to shape his conclusions and
recommendations by identifying the factors that prevent or create
manifestations of intolerance and discrimination in the religious field.
83.
The maintenance of tolerance and non-discrimination in India cannot be
dissociated from the implementation of human rights in general. The promotion
of human rights is impossible in the absence of democracy and development.
84.
The promotion of human rights, including the right to freedom of
religion, tolerance and non-discrimination, therefore entails simultaneous
action on two fronts: firstly, action to consolidate and protect democracy as
an expression of human rights in the political field, and secondly, action to
contain and gradually eradicate extreme poverty and to promote the right to
development as an expression of human rights and of solidarity among human
beings in the economic, social and cultural fields.
85.
As regards the first aspect, the economic and social structure of India
is not always conducive to religious tolerance. Indian society is marked by a
rigid hierarchical social stratification which divides the country into two
nations: the one comprising the majority, who are poor, uneducated and
illiterate, particularly in rural areas, and the other, consisting of the
minority which holds the reins of power and forms the economic, social and
cultural élite. Notwithstanding the formal abolition of castes under the
Constitution and legislative instruments, this iniquitous system seems in
general to persist in practice on account of domestic factors reflecting the
weight of history and resistance to change, and also of international factors
deriving from a world economic order which leaves the Indian authorities
little freedom of action. Admittedly, the great economic and social
disparities in India are not based on religion and affect everybody,
irrespective of belief. However, the economic and cultural poverty of the
most disadvantaged is a fertile breeding-ground for the development of