E/CN.4/1997/91/Add.1
page 8
24.
On the subject of untouchability, it is clear that the iniquitous system
of castes, legally abolished but maintained in practice, gives rise to
intolerance of this large category of Hindus. Some consider that this
intolerance is based on religious principles inherent in Hinduism, according
to which the untouchables are impure, whereas others consider that it reflects
purely social considerations. Regardless of its basis, specific cases of this
intolerance in the field of religion have been reported, particularly of
untouchables being refused access to temples in remote rural areas.
25.
Hindu extremism, on the other hand, is a flagrant manifestation of
intolerance which seems to be explained by the denaturalization of the Hindu
religion and its exploitation for political purposes.
26.
However, the Special Rapporteur notes not only the existence of
legislation and a policy resolutely directed at the abolition of
untouchability, which at the present time is more of a social and economic
problem, but also the fact that although Hindu extremism is certainly present,
it is marginal and political and not religious.
27.
The Jammu and Kashmir conflict has also, owing to anti-Hindu extremism,
resulted in the expulsion of Hindus and their settlement in refugee camps.
This conflict could affect Hindu tolerance of other communities.
28.
Apart from these problematical questions, it would seem that the
situation of Hindus and their relations with non-Hindus are in general
positive.
29.
The Special Rapporteur has in turn analysed the situation of the
Christian, Muslim and Sikh minorities in their relations with the State and
society, not only in the field of religion but also in other fields
(political, socio-cultural, educational, professional, etc.)
A.
Situation of Muslims
30.
Muslims constitute India's largest minority as well as the second
largest Muslim community in the world after that of Indonesia and before that
of Pakistan.
1.
The religious field
31.
The Special Rapporteur wanted to make an allowance, in analysing
information on Jammu and Kashmir - owing to the special nature of this State
which has the largest Muslim community - for the armed conflict which has been
raging there for a number of years. In any event, the situation of Muslims in
that State is clearly different from that of Muslims in other Indian States.
(a)
Religious practice and conduct of religious affairs
32.
Referring to Indian States other than Jammu and Kashmir, the religious
and lay representatives of the Muslim community as well as NGOs stated that
they had not observed any action on the part of the authorities designed to
restrict religious activities. They drew attention to their status as a
legally recognized minority and the rights to which such recognition gave