A/HRC/10/8/Add.3
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conversion4 or submit a related intimation.5 In other states with such laws, anyone intending to
change his or her religion needs to give prior notice6 or intimation after the conversion
ceremony.7
12. The Constitution (Eighty-Ninth) Amendment Act 2003 established a National Commission
for the Scheduled Tribes and a separate National Commission for Scheduled Castes. The latter’s
duties include investigating and monitoring all matters relating to the safeguards provided for the
Scheduled Castes under the Constitution or under any other law or order of the government. For
example, article 17 of the Constitution states that “untouchability” is abolished and that its
practice in any form is forbidden and punishable in accordance with the law. Furthermore, the
Protection of Civil Rights Act 1955 specifically provides for the punishment of anyone who, on
the ground of “untouchability”, prevents any person from entering a place of public worship
which is open to other persons professing the same religion or any section thereof.
13. A new Ministry of Minority Affairs was created on 29 January 2006 to ensure a more
focused approach towards issues relating to the minorities and to facilitate the formulation of
overall policy and planning, coordination, evaluation and review of the regulatory framework
and development programmes for the benefit of the minority communities, including religious
ones. The Ministry of Minority Affairs is responsible for the administration and implementation
of the National Commission for Minorities Act 1992, the Wakf Act 1995 and the Durgah
Khwaja Saheb Act 1955.
IV. RESPECT FOR FREEDOM OF RELIGION OR BELIEF IN INDIA
A. Religious demography
14. India is the second most populous country in the world with more than 1.1 billion
inhabitants estimated in 2008. According to the latest official census of 2001, the population
of India comprised about 80.5 per cent Hindus, 13.4 per cent Muslims, 2.3 per cent Christians,
1.9 per cent Sikhs, 0.8 per cent Buddhists and 0.4 per cent Jains. About 0.7 per cent either did
4
See section 5 of the Gujarat Freedom of Religion Act 2003; sections 3 and 4 of the Gujarat
Freedom of Religion Rules 2008; section 5 of the Chhattisgarh Freedom of Religion
(Amendment) Act 2006.
5
See section 5 of the Arunachal Pradesh Freedom of Religion Act 1978; section 5 of the
Orissa Freedom of Religion Rules 1989.
6
See section 4 of the Himachal Pradesh Freedom of Religion Act 2006; section 3 of the
Himachal Pradesh Freedom of Religion Rules 2007.
7
See section 5 of the Madhya Pradesh Freedom of Religion Act 1968; section 3 of the Madhya
Pradesh Freedom of Religion Rules 1969 (“within seven days after the date of such ceremony”);
section 5 of the Gujarat Freedom of Religion Rules 2008 (“within ten days from the date of such
conversion ceremony”).