E/CN.4/2001/0063
page 19
54.
India replied:
“The notification No. 63286 dated 26 November 1999 issued by the Government
of Orissa relating to the Orissa Freedom of Religion Amendment Rules, 1999, does not
require a citizen wishing to convert to seek permission of the local police and the district
magistrate. As per the amendment rule, only an intimation is required by way of prior
information to the district magistrate. The purpose of the amended rule is to restrict
forcible, unlawful, immoral and fraudulent inducement for conversion.”
55.
While recalling that freedom of religion does not justify the exploitation of social
instability and poverty for purposes of conversion, the Special Rapporteur wishes to reiterate the
observations made with regard to Georgia (see para. 46 above) by referring to the Human Rights
Committee’s General Comment No. 22 of 20 July 1993, concerning article 18 of the
International Covenant on Civil and Political Rights, which deals with restrictions that may be
placed on the freedom to manifest religion or belief.
56.
According to another communication from the Special Rapporteur, on 20 March 2000 in
the village of Chatisinghpura, south of Srinagar, 36 Sikhs were reportedly murdered by Muslim
extremists. In New Delhi, the Prime Minister’s security advisor identified two extremist groups
that may have been involved in this massacre, namely the Lashkar-e-Toiba and the
Hizb-ul Mujahideen.
57.
India replied:
“A group of approximately 20 heavily armed terrorists carried out a massacre
of 30 Sikhs in Chatisinghpura village of Anantnag district in Jammu and Kashmir
on 20 March 2000. After entering the village, the terrorists segregated the male Sikhs
from their women and children and massacred them. The terrorists, who belonged to
the Lashkar-e-Toiba and the Hizb-ul Mujahideen, were wearing military combat
fatigues. The Indian investigating agencies made a breakthrough by arresting
Mohammad Yakub Wagey, a terrorist of Hizb-ul Mujahideen who is a resident of outer
Chatisinghpura. Wagey revealed that the terrorist group involved in the massacre
included some local Hizb-ul Mujahideen terrorists but the overwhelming majority were
foreign terrorists belonging to the Lashkar-e-Toiba. He confirmed that the terrorists,
after reaching the village, called all male Sikhs from their houses and divided them into
two groups. Both the groups were subsequently fired upon and killed. The security
forces succeeded in carrying out an operation on 25 March during which five foreign
mercenaries were killed in Anantnag district. These mercenaries were also wearing
combat uniforms. Five AK series rifles, two wireless sets and several grenades were
found in their possession. Investigations and further operations have continued in terms
of case No. 85/2000 under relevant provisions of the law. The allegations that this was
the first attack on the Sikhs is totally false. More than 40 Sikhs have been killed in
Jammu and Kashmir between 1995 and the incident in question. In fact, one of the aims
of this brutal massacre of innocent Sikhs was to cause an exodus of Sikhs from Kashmir,
as has been the case with Hindus. Crime No. 85/2000 has been registered in the
Anantnag police station and investigation of the case is going on.”