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68. While inquiries into large-scale communal violence should not be done in indecent
haste, they should be accorded the highest priority and urgency by the investigation teams,
the judiciary and any commission appointed to study the situation. Furthermore, the State
could envisage setting up of truth and reconciliation commissions to create a historical
account, contribute to healing and encourage reconciliation in long-standing conflicts, such
as the one in Jammu and Kashmir.
69. Concerning vote-bank politics and electoral focus on inter-communal conflicts, the
Special Rapporteur would like to reiterate her predecessor’s suggestion to debar political
parties from the post-election use of religion for political ends. In addition, the
Representation of the Peoples Act 1951 should be scrupulously implemented, including the
provision on disqualification for membership of parliament and state legislatures of
persons who promote feelings of enmity or hatred between different classes of the citizens
of India on grounds of religion, race, caste, community or language.
70. The laws and bills on religious conversion in several Indian states should be
reconsidered since they raise serious human rights concerns, in particular due to the use of
discriminatory provisions and vague or overbroad terminology. A public debate on the
necessity of such laws, more information on their implementation and safeguards to avoid
abuse of these laws seem vital to prevent further vilification of certain religious
communities. The Special Rapporteur is concerned that such legislation might be perceived
as giving some moral standing to those who wish to stir up mob violence. She would like to
emphasize that the right to adopt a religion of one’s choice, to change or to maintain a
religion is a core element of the right to freedom of religion or belief and may not be
limited in any way by the State. She also reiterates that peaceful missionary activities and
other forms of propagation of religion are part of the right to manifest one’s religion or
belief, which may be limited only under restrictive conditions.
71. The Special Rapporteur would like to recall the recommendation by the Committee
on the Elimination of Racial Discrimination (A/62/18, para. 179) to restore the eligibility
for affirmative action benefits of all members of Scheduled Castes and Scheduled Tribes
having converted to another religion. The Special Rapporteur recommends that the
Scheduled Caste status be delinked from the individual’s religious affiliation.
72. With regard to religion-based personal laws, the Special Rapporteur would like to
recommend that such laws be reviewed to prevent discrimination based on religion or
belief as well as to ensure gender equality. Legislation should specifically protect the rights
of religious minorities and of women, including of those within the minority communities.
73. In order to protect and empower members of religious minorities, the State should be
proactive and take appropriate measures against all forms of intolerance and
discrimination based on religion or belief which manifest themselves in school curricula,
textbooks and teaching methods as well as those disseminated by the media and the new
information technologies, including Internet. Also in line with the Final Document of the
International Consultative Conference on School Education in Relation to Freedom of
Religion or Belief, Tolerance and Non-Discrimination (E/CN.4/2002/73, appendix), the