E/CN.4/1997/91/Add.1
page 9
rise, particularly freedom of religious practice and freedom to organize their
services according to their codes, religious teachings and customs.
33.
They nevertheless stressed the upsurge of Hindu extremism to which
Christian representatives had also drawn attention (see paras. 56 to 62
below), and which takes the form of violence against places of worship (see
paras. 37 to 51 below).
34.
The Special Rapporteur received contradictory information concerning
Jammu and Kashmir. According to an initial source, the Indian authorities
were following a policy of intolerance, religious discrimination and even
religious repression against a Muslim population which was seeking
independence and/or union with Pakistan in order to be able freely to practise
Islam and manage its religious affairs.
35.
According to several non-government and official sources, the
authorities were trying to provide Muslims with guarantees of their freedom of
belief and religious practice. However, the religious situation was said to
be seriously affected by the armed conflict in Kashmir as a result of the
extremism of a minority of terrorists, Indians and foreigners, financed,
trained and supported by Pakistan in order to achieve union with the latter.
The conflict was said to be not religious but political, and one in which
religion was being manipulated to achieve ends that had absolutely nothing to
do with it.
(b)
Religious education
36.
In accordance with the relevant constitutional provisions on religious
minorities, the Muslim community has its own educational establishments,
including the madrasa religious schools responsible for disseminating the
teachings of Islam. Jammu's State authorities considered the situation as
regards religious instruction to be satisfactory, although they drew attention
to cases in which the madrasa had been officially closed for having promoted
extremism in Jammu and Kashmir.
(c)
Places of worship and religious property
37.
Muslims in the Indian States, apart from Jammu and Kashmir, possess a
large number of places of worship as well as a body called the Waqf Board
responsible for the management of property belonging to religious communities
and charitable institutions.
38.
However, it is said that more places of worship and/or their enlargement
is necessary, particularly in Bombay. The authorities have recognized the
Muslim community's need for mosques in Bombay - a need which is pointed up
during Friday prayers by the presence of the faithful praying in the streets
owing to the small size of places of worship. They admitted that this
shortcoming could be explained by the interminable administrative formalities
connected with the construction or enlargement of mosques, and noted that it
was basically due to red tape, demographic pressure and road traffic density
which aggravated the situation.