E/CN.4/1997/91/Add.1 page 5 removed from his office or post and will be disqualified for appointment in any religious institution as manager or in any other capacity for six years. 4. The Places of Worship (Special Provisions) Act, 1991 13. This Act inter alia provides for prohibition of conversion of any place of worship of any religious denomination into a place of worship of a different religious institution and for the maintenance of the religious character of places of worship as it existed on 15 August 1947. Violations under the Act are punishable with imprisonment for a term of up to three years and also a fine. A person convicted of an offence under the said Act shall be disqualified for being chosen as, and for being, a Member of either House of Parliament or of the Legislative Assembly or Legislative Council of a state. 5. The Representation of the People Act, 1951 14. Under this Act, no member of a religious order may stand for election. The fact that a candidate or one of his agents calls upon someone to vote or to abstain from voting by playing on his religion, or using religious symbols as a means of promoting that candidate's election prospects or of adversely influencing the election of a candidate constitutes a corrupt practice that debases the election and an offence punishable under the law. 15. The Special Rapporteur was also informed by the Secretary of the Ministry of Home Affairs that a bill was being drafted to prevent political parties from turning religion to political account after the elections. 16. Most of the officials and non-government representatives with whom the Special Rapporteur spoke emphasized that India had no need of additional laws in the field of religion although they recognized that the application of existing legislation did raise problems. II. IMPLEMENTATION OF LEGISLATION AND POLICY IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION BASED ON RELIGION OR BELIEF 17. The Special Rapporteur had talks with various persons about the situation of the minorities officially recognized by the Indian Government namely, Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis). 1 Government of India, Ministry of Welfare, Shastri Bhavan, New Delhi, dated 23 October 1993, Notification: S.O.NO.816 (E). In exercise of the powers conferred by clause (c) of section 2 of the National Commission for Minorities Act, 1992 (19 of 1992), the Central Government hereby notifies the following communities as “the minority communities” for the purposes of the said Act, namely: 1. 2. 3. 4. 5. Muslims Christians Sikhs Buddhists Zoroastrians (Parsis) 1

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