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

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