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