E/CN.4/1992/52
page 32
of India. This includes the freedom of conscience and free profession,
practice and propagation of religion and freedom to manage religious affairs.
In India every religious denomination has the right to establish and maintain
institutions for religious and charitable purposes, to manage its own affairs
in matters of religion, to own and acquire movable and immovable property and
to administer such property in accordance with the law. The Government of
India, has, moreover, repeatedly reaffirmed its commitment to secularism, the
rule of law and the protection of the rights of religious freedom for all.
Furthermore, the Indian Constitution enjoins that it is the fundamental duty
of every citizen to promote harmony and the spirit of common brotherhood among
all the peoples of India transcending religious, linguistic and regional or
sectional diversities. Thus, India attempts to ensure that its citizens
remain committed to tolerance and allow others of different faiths and
persuasions to fully enjoy their rights and freedoms.
The Government of India has also repeatedly enjoined upon civil servants
and other public officials, including those entrusted with the maintenance of
law and order to ensure that in the course of their official duty they fully
respect different religions and beliefs and do not discriminate against
persons professing other religions or beliefs.
Despite the sincerity of the Government of India to preserve religious
harmony, instances of communal violence have occasionally occurred. Sometimes
these have been the result of the activities of misguided persons or
anti-social elements; at other times they have resulted from misunderstandings
and prejudices among members of different communities. However, even violent
incidents involving adherents of two different religions do not stem from
attempts to forcibly stop the practice of one religion by followers of another
religion, but due to a multiplicity of other reasons, many of which are often
local in nature. There are even instances when law and order situations have
been deliberately given a communal flavour by local vested interests.
Nonetheless, it is totally incorrect to think that the Government of India is
in any way responsible for or even encouraged such communal incidents or that
it brings them about because of any form of religious intolerance. As
outlined earlier, the Government of India has a completely secular approach.
Whenever incidents involving communal violence have regrettably taken place,
it has acted swiftly to bring the situation under control and punish those
found guilty. When governmental agencies anticipate such incidents,
pre-emptive action is taken to ensure that communal and religious peace is not
disturbed. In a country of over 800 million people belonging to a multitude
of religious faiths - Hindus, Muslims, Christians, Sikhs, Buddhists, Parsis,
etc. - the maintenance of religious harmony is a daunting challenge;
nonetheless, the challenge has been always met and tackled headlong.
As regards the allegations conveyed vide paragraph 1 of the annex to your
letter, it may be pointed out that the occurrence of incidents involving
communal clashes cannot in any way justify that the Government be blamed for
religious intolerance. Rather such incidents have taken place on account of
factors outlined above. As regards the incidents at Ayodhya referred to, the
police and paramilitary forces both acted to prevent any damage to the disputed
structure there. In the action taken by the police and paramilitary forces on
30 October 1990 and 2 November 1990 in this regard, 16 persons including a
member of the security forces lost their lives. The Permanent Mission wishes