India

India is the world’s most populous democracy, religiously pluralistic, and for many years, in the main, proud of its secular Constitution.

According to the most recent census data available (2011), 79.8% of the population are Hindu, 14.2% are Muslim, 2.3% are Christian, 1.7% are Sikh, a further 2% belong to other religion or belief groups or failed to specify. The precise number of non-religious individuals is not known.[ref]https://censusindia.gov.in/census.website/data/census-tables#[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Preferential treatment is given to a religion or religion in general
Anomalous discrimination by local or provincial authorities, or overseas territories
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Some concerns about political or media freedoms, not specific to the non-religious
No formal discrimination in education
Constitution and government
Preferential treatment is given to a religion or religion in general
Anomalous discrimination by local or provincial authorities, or overseas territories
Education and children’s rights
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
No formal discrimination in education
Family, community, society, religious courts and tribunals
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

India is a secular republic and its Constitution[ref]https://www.india.gov.in/my-government/constitution-india/constitution-india-full-text[/ref] protects freedom of thought, conscience and religion, as well as freedom of expression, assembly and association.

According to the US State Department:[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/india/[/ref]

“Federal law provides official minority-community status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may grant minority status under state law to religious groups that are minorities in a particular region. Members of recognized minority groups are eligible for government assistance programs. The constitution states that the government is responsible for protecting religious minorities and enabling them to preserve their culture and religious interests.”

However, some laws and policies restrict these freedoms, and there continues to be some violence between religious groups and organized communal attacks against religious minorities.[ref]https://www.theguardian.com/world/2022/apr/18/hatred-bigotry-and-untruth-communal-violence-grips-india; https://thewire.in/communalism/attempt-to-erase-every-aspect-of-life-of-indian-muslims-bebaak-collective-on-communal-riots; https://www.hrw.org/world-report/2022/country-chapters/india[/ref]

Despite its famously secular Constitution, there are serious concerns about Hindu nationalism and interreligious tensions that have risen under the premiership of Narendra Modi. Modi’s presidency has been linked to a rise in Hindu nationalism—both socially and on the part of officials appearing to elevate and promote a politicized Hindu nationalist agenda. Several state or federal laws introduced by the ruling Bharatiya Janata Party (BJP) have been designed to promote patriotism—or Hindu national identity in particular—discriminating against religion or belief minorities in the process.[ref]https://www.hrw.org/news/2021/02/19/india-government-policies-actions-target-minorities[/ref] Along with a rise in Hindu nationalist rhetoric and state-sponsored religious fundamentalism, these developments have sparked deep concern for minorities and their right to freedom of religion and belief.[ref]https://www.hrw.org/news/2021/02/19/india-government-policies-actions-target-minorities; https://www.hrw.org/news/2022/03/31/human-rights-watch-submission-universal-periodic-review-india[/ref]

According to Human Rights Watch:[ref]https://www.hrw.org/news/2022/03/31/human-rights-watch-submission-universal-periodic-review-india[/ref]

“Such bigotry has infiltrated independent institutions like the police, who fail to properly prosecute these crimes, perpetuating further abuses.”

The legacy of rationalism

Rationalism as a belief system has a long and proud history throughout Indian culture; since the 6th century BCE. In contrast to the findings of the 2011 Census (mentioned above), the 2012 WIN-Gallup Global Index of Religion and Atheism report found that: 81% of Indians were religious; 13% were non-religious; 3% were convinced atheists; and 3% were unsure or did not respond.[ref]https://sidmennt.is/wp-content/uploads/Gallup-International-um-tr%C3%BA-og-tr%C3%BAleysi-2012.pdf; https://www.jagranjosh.com/current-affairs/global-index-of-religion-and-atheism-report-number-of-atheists-increased-on-global-level-1369644886-1[/ref]

Between 2013 and 2015, three prominent rationalists were assassinated apparently because of their work combating superstition or Hindu nationalism (see “Highlighted cases” below). The authorities were quick to promise action, but were also accused of prematurely ruling out links to Hindu nationalist extremist groups. Government officials refrained from forcefully condemning the killings. Whilst India’s Minister for Minorities, Mukhtar Abbas Naqvi, has said that “you cannot judge the government with isolated incidents of violence or isolated statements by some ministers,”[ref]https://www.bbc.com/news/magazine-33241100[/ref] this violence has happened against a backdrop of a number of BJP politicians making deeply derogatory remarks about minorities—including, Niranjan Jyoti who implied that non-Hindus were bastards by telling attendees at a rally that they would have to decide between a government led by ‘sons of Ram or by bastards.’[ref]https://time.com/3619564/niranjan-jyoti-racist-india-bjp/[/ref]

Education and children’s rights

Article 28(1) of the Constitution states:[ref]https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf[/ref]

“[n]o religious instruction shall be provided in any educational institution wholly maintained out of State funds.”
However, state-owned institutions established by an endowment or trust that requires religious instruction are exempt from this rule (Article 28(2) of the Constitution of India).

Clause 3 of the same article states that:[ref]https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf[/ref]

“[n]o person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.”

There are a mixture of state and private schools, and some disparity between different states in this large and varied democracy. There has been debate for decades about whether India’s famous constitutional secularity, in a socially very religious country, should mean the exclusion of religion from the classroom, or its inclusion either with instruction for all, or under a comparative framework, and there were even experiments with a secular moral education.

In 2002, the Supreme Court ruled that:[ref]Ms. Aruna Roy And Others vs Union Of India And Others on 12 September 2002, https://indiankanoon.org/doc/509065/[/ref]

“[S]tudents have to be made aware that the basic concept behind every religion is common, only the practices differ. Even if there are differences of opinion in certain areas, people have to learn to co-exist and carry no hatred against any religion.”

Today, generally, the religious affiliation of children may be obvious from symbolic religious attire, and this is not discouraged or unlawful, but in this religiously diverse society the placing of undue influence on children through religious instruction is usually avoided in favor of inclusive secular norms, and parents who felt that their children were being wrongfully exposed to unwanted religious instruction would have legal recourse.

In March 2022, Gujarat State announced that the Bhagavad Gita—a seminal Hindu text—will be a compulsory part of the school syllabus for classes 6 to 12 across the state from the academic year 2022-23.[ref]https://thewire.in/education/gujarat-govt-makes-bhagavad-gita-part-of-school-syllabus-for-classes-6-to-12[/ref] The State is the second to introduce the Gita into the curriculum, with mixed reception. While the States argue that the Gita is a means to introduce moral education, critics have argued that the promotion of this text to the exclusion of texts from other belief systems is discriminatory and contrary to the secular nature of education in the country.[ref]https://thewire.in/education/bhagvad-gita-religious-education-government-schools; https://theleaflet.in/why-religion-has-no-place-in-educational-institutes/ [/ref]

The law permits some Muslim, Christian, Sindhi (Hindu refugees), Parsi, and Sikh educational institutions that receive government support to set quotas for students belonging to the religious minority in question.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/india/[/ref]

In February 2022, Karnataka State—a state governed by a BJP majority—authorities banned the hijab in government-run educational institutions. The move sparked protests by some who highlighted its discriminatory nature, and forecast adverse affects on girls’ education.[ref]https://www.devex.com/news/in-india-hijab-ban-threatens-access-to-education-for-muslim-girls-103114; https://www.hrw.org/news/2022/02/09/hijab-ban-india-sparks-outrage-protests[/ref] Other states announced that they would consider similar moves. While the ban was upheld by the Karnataka High Court,[ref]https://www.aljazeera.com/news/2022/3/16/india-hindu-groups-muslims-wider-ban-hijab-karnataka-court-verdict; https://www.reuters.com/world/india/india-court-upholds-karnataka-states-ban-hijab-class-2022-03-15/; https://www.nytimes.com/2022/03/15/world/asia/india-hijab-ban-schools.html [/ref] it is expected that an appeal against the ban will be considered by the Supreme Court.[ref]https://www.thehindu.com/news/national/hijab-row-petitions-filed-by-students-in-limbo-in-supreme-court/article65542379.ece[/ref]

Child marriage

In June 2021, it was reported that the incidence of child marriage had soared across India owing to the impact of COVID-19 on household finances. The problem disproportionately affects girls. According to 2011 census data, one in every three girls is married under the age of 18. The issue is reportedly particularly acute in rural areas, where poverty and poor enforcement of the law permits custom to prevail.[ref]https://www.dw.com/en/covid-india-sees-a-surge-in-underage-marriages/a-57992104[/ref]

Family, community and society

Rise of violence against religious minorities

As noted above, the presidency of Narendra Modi has been linked to a significant rise in Hindu nationalism. According to the BBC, statistics on inter-communal violence from 2015 showed a 30% increase in the first half of 2015 with a total of 330 attacks, of which 51 were fatal, compared with 252 attacks, 33 of which were fatal in the same period of 2014.[ref]bbc.co.uk/news/magazine-33241100[/ref] However, these statistics pale in comparison with the anti-Muslim riots in 2002 in Gujarat, with more than 1,000 people killed in violent clashes after 60 Hindu pilgrims died in a fire on a train.[ref]bbc.co.uk/news/magazine-33241100[/ref] According to statistics published in 2021, inter-communal violence has continued to grow.[ref]https://www.business-standard.com/article/current-affairs/communal-religious-rioting-cases-nearly-doubled-in-2020-ncrb-121091601629_1.html[/ref] In 2020, 857 cases of communal or religious rioting were recorded despite the imposition of lockdown measures to curb the spread of the COVID-19 pandemic.[ref]https://ncrb.gov.in/sites/default/files/CII%202020%20Volume%201.pdf[/ref] This figure was double that of the previous year.

Since the re-election of Modi in 2019, his government has implemented a raft of discriminatory legislation specifically targeting religious minorities, most profoundly affecting Muslims.[ref]https://www.aljazeera.com/opinions/2022/1/13/no-respite-in-sight-for-indias-persecuted-religious-minorities; https://www.cfr.org/backgrounder/india-muslims-marginalized-population-bjp-modi[/ref]

In December 2019, the government passed the Citizenship (Amendment) Act,[ref]https://egazette.nic.in/WriteReadData/2019/214646.pdf[/ref] which establishes a new route to citizenship for irregular migrants of various religions originating from Pakistan, Bangladesh and Afghanistan, but does not offer the same path to Muslim or humanist migrants. The passage of the act led to sweeping protests and counter protests have turned increasingly violent, with the vast majority of victims being Muslims.[ref]https://www.npr.org/2019/12/16/788366565/indias-citizenship-law-triggers-mass-protests-and-violence-as-modi-calls-for-pea?t=1661854321577; https://www.hrw.org/news/2020/04/09/india-protests-attacks-over-new-citizenship-law[/ref]

Critics of the government are often told that they should “go to Pakistan,” or more recently, to “go to Afghanistan.”[ref]https://www.dawn.com/news/11010990; https://www.dawn.com/news/1101099;  https://indianexpress.com/article/india/afghanistan-bjp-petrol-price-inflation-7463109/; https://theprint.in/go-to-pakistan/how-gotoafghanistan-overtook-gotopakistan-for-many-in-india/719758/ [/ref]

Bans on interfaith marriage

Since 2019, several states governed by the BJP have sought to regulate interfaith marriages.[ref]https://www.hrw.org/news/2021/02/19/india-government-policies-actions-target-minorities[/ref]

According to the BBC:[ref]https://www.bbc.co.uk/news/world-asia-india-56330206[/ref]

“In November 2020, Uttar Pradesh became the first state to pass a law – Prohibition of Unlawful Religious Conversion Ordinance – banning “unlawful conversion” by force, fraudulent means, or marriage. It was in response to what right-wing Hindu groups call “love jihad”, an Islamophobic term denoting a baseless conspiracy theory that accuses Muslim men of seeking to make Hindu women fall in love with them with the sole purpose of converting them to Islam.”

Cow vigilantism

One recurring social and legal issue is the slaughter of Indian cows for beef. Millions of Indians do eat beef, especially members of the so-called Dalit “caste,” as well as Muslims and Christians. It is often an important source of protein and, for many, income. However, many Hindus regard the Indian cow as a sacred creature, which is worshiped and decorated during festivals. The slaughter of cows is a highly sensitive issue across much of India and a source of violence.

Accusations of keeping and slaughtering cows for beef have resulted in many riots. The beginning of the most recent wave of mob violence may be associated with the well-publicized case of the brutal killing of Mohammed Akhlaq in Dadrri on 28 September 2015, following a rumor that his family was in possession of cow meat.[ref]https://cjp.org.in/mohammed-akhlaq-lynching-case-timeline/[/ref] There were further incidents over the following years and in 2017, an increasing number of attacks by self-declared gau rakshaks (cow vigilantes) spurred nationwide protests under a campaign called “Not in My Name.”[ref]https://www.bbc.com/news/world-asia-india-40428067[/ref] Attacks have included mob lynching and gang attacks on individuals and families. In July 2017 a mob lynched a man who was accused of carrying beef in his car in Jharkhand, and a local BJP leader was among the two people that were arrested in the case.

According to Human Rights Watch World Report 2021:[ref]https://www.hrw.org/world-report/2021/country-chapters/india#7ebcf0[/ref]

“In Uttar Pradesh, authorities continued to use allegations of cow slaughter to target Muslims. By August, the Uttar Pradesh government had arrested 4,000 people over allegations of cow slaughter under the law preventing it, and also used the draconian National Security Act against 76 people accused of cow slaughter. The NSA allows for detention for up to a year without filing charges.”

Freedom of expression, advocacy of humanist values

Freedom of expression is protected by the Constitution and there is a vigorous and diverse range of media outlets. Despite the vibrant media landscape, journalists continue to face a number of constraints. The government has used security laws, criminal defamation legislation, hate-speech laws, and contempt of court charges to curb critical voices.[ref]https://pen-international.org/app/uploads/PEN-Int-India-Report-2018.pdf[/ref]

Internet shutdowns

Internet access is largely unrestricted, although some states have passed legislation that requires internet cafés to register with the state government and maintain user registries. Under Indian internet crime law, the burden is on website operators to demonstrate their innocence. Potentially inflammatory books, films, and internet sites are occasionally banned or censored.

Internet shutdowns have become an easy way for those in power to curtail protest, despite access to the internet being protected by Article 19 of the Constitution and being declared as a fundamental right by the Supreme Court.[ref]https://www.indiatoday.in/news-analysis/story/internet-access-fundamental-right-supreme-court-makes-official-article-19-explained-1635662-2020-01-10[/ref]

“Religious insult” and “blasphemy”

The Indian Penal Code provides an array of vaguely-worded or overbroad laws, which enable complainants to stifle criticism of religion.[ref]https://pen-international.org/app/uploads/Imposing-Silence-FINAL.pdf[/ref] Among them, “blasphemy” laws are being increasingly used and cited.

Section 295 of the Indian Penal Code criminalizes “insulting religious beliefs;” allowing up to three years’ imprisonment and fines for “whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of a class.”[ref]https://indiankanoon.org/doc/305995/[/ref]

In January 2015, the well-received and record-breakingly high-grossing Bollywood film titled “PK,“ satirized problems with religion through the eyes of an alien in human form. It was criticized by Hindu nationalists who disliked its satire on “godmen;” they called for a ban on the film and the arrest of its star Aamir Khan and the filmmakers.[ref]https://www.theguardian.com/film/2015/jan/02/bollywood-film-pk-hindu-nationalist-protests-india-aamir-khan[/ref]

Director and writer Rajkumar Hirani responded by explaining, “In fact, with PK, I am saying that we are humans first and not Hindus or Muslims. Everyone should have the freedom to live and get settled with whoever they want to.”[ref]financialexpress.com/article/lifestyle/showbiz/aamir-khans-pk-is-saying-we-are-not-hindus-or-muslims-first-director-rajkumar-hirani/30791/[/ref]

On 1 January 2021, Munawar Faruqi—a stand-up comedian known for his observational style that is typically topical and/or political—had barely begun his set, when members of right-wing group, Hind Rakshak Dal—including the son of the current mayor of Indore—stormed the stage and argued that Faruqui had hurt their sentiments, seeking a promise that he would refrain from cracking jokes about Hinduism in future. Shortly after, the group forced Faruqui and others performing—ncluding, Nalin Yadav, Prakhar Vyas, Priyam Vyas, Edvin Anthony and Sadakat Khan—to a local police station where they filed a complaint against them for violating Sections 269, 295-A, 298, 188 & 34 of Indian Penal Code (IPC). The complainants alleged that the group had violated COVID-19 guidance, did not have the proper permissions to hold the event, and had hurt religious sentiments. On 5 February 2021, the Supreme Court ordered his temporary release on bail and stayed a production warrant issued against him in connection with a separate case filed at George Town police station.[ref]https://end-blasphemy-laws.org/2021/02/supreme-court-grants-bail-to-comedian-accused-of-hurting-religious-sentiments/[/ref] He remained under investigation.

Following his release on bail, Faruqui saw several of his shows being canceled following ultimatums by right-wing groups.[ref]https://www.independent.co.uk/asia/india/munawar-faruqui-mumbai-shows-cancelled-b1949009.html[/ref] These included shows in Surat, Ahmedabad, Vadodara, Mumbai and Raipur. In December that year, Faruqui was dropped from the bill of Gurgaon Comedy Festival citing “public safety” concerns following pressure.[ref]https://www.thequint.com/entertainment/celebrities/dont-want-to-put-public-in-danger-munawar-faruqui-dropped-from-gurgaon-fest; https://indianexpress.com/article/cities/delhi/bjp-files-fresh-complaint-munawar-faruqui-dropped-from-gurgaon-comedy-festival-7659857/[/ref] The decision followed the filing of an additional complaint against Faruqui, accusing him of insulting Hindu gods and goddesses and asking police to ensure that he didn’t perform.

On 3 July 2022, a performance of a Kannada-language adaptation of Fiddler on the Roof was disrupted by a right-wing Hindu vigilante group because it contained Muslim characters and showed a Hindu-Muslim relationship.[ref]https://thewire.in/rights/karnataka-bajrang-dal-interrupts-play-performance-because-it-showed-interfaith-couple[/ref]

Freedom of assembly and association

There are some restrictions on freedoms of assembly and association. Section 144 of the Criminal Procedure Code empowers the authorities to restrict free assembly and impose curfews whenever “immediate prevention or speedy remedy” is required.[ref]https://www.icj.org/hrc44-india-foa/[/ref] State laws based on this standard are often abused to limit the holding of meetings and assemblies. Nevertheless, protest events take place regularly in practice.

Highlighted cases

In July 2022, atheist filmmaker Leena Manimekalai[ref]For a detailed account of the case as it develops, see: https://humanists.international/case-of-concern/leena-manimekalai/[/ref] faced accusations of “hurting religious sentiments.”[ref]https://www.theguardian.com/world/2022/jul/06/indian-director-facing-threats-over-film-poster-of-goddess-with-pride-flag[/ref] Manimekalai—an Indian film-maker based in Canada—reportedly received thousands of threats of violence after the poster for her short film Kaali, which was aired in the Canadian city of Toronto at the weekend, went viral on social media. In the film—part of her graduate film studies at Toronto University—the goddess Kaali inhabits Manimekalai’s body and wanders the city streets in a search for belonging. In a scene pictured on the film’s poster, she shares a cigarette with a homeless man while dressed as the goddess. A hashtag reading “arrest Leena Manimekalai” began trending, and on 5 July two police cases—one in Delhi and another in Uttar Pradesh—were filed against the director and others involved in the film for a “disrespectful depiction” of a Hindu god and allegedly “hurting religious sentiments.” The Indian High Commission in Canada reportedly said it had received complaints from members of the Hindu community over the poster and it “urged Canadian authorities and the event organizers to withdraw all such provocative material.”

Respected and well-known leader of the Indian rationalist community, Narendra Nayak[ref]https://humanists.international/case-of-concern/narendra-nayak/[/ref]—with an academic scientific background—lives under police protection owing to persistent threats to his life as a result of a career spent challenging superstition in the country. In 2019, it was revealed that Rajesh Bagera—an individual implicated in the murder of journalist and rationalist Guari Lankesh—admitted that his group of assassins had also conducted surveillance of the movements of Narendra Nayak, the current president of Federation of Indian Rationalist Associations (FIRA) (following the murder of his predecessor, Narendra Dabholkar—see below).[ref]https://scroll.in/latest/908884/gauri-lankesh-murder-sanatan-sanstha-also-tracked-rationalist-narendra-nayak-say-police[/ref] Nayak is prominently featured on all known “hit-lists” against rationalists.

In March 2017, the Times of India reported that an atheist and ex-Muslim, H Farook (aged 31), had been killed by four assailants in Tamil Nadu state. He was apparently targeted due to his participation in an atheistic WhatsApp group and his Facebook page, where he posted “rationalist” messages including views critical of religion. A realtor named as “Ansath” of Muslim background reportedly surrendered before the judicial magistrate court in connection with the murder. A police spokesperson said: “Farook’s anti-Muslim sentiments had angered people, which could be the possible motive for murder.” As of July 2019, six individuals had reportedly been identified to have links to the crime.[ref]https://www.thehindu.com/news/national/tamil-nadu/duo-held-for-attempt-to-disturb-communal-harmony-had-role-in-sensational-cases-say-police-sadam-hussain-faizal-rahman-aka-auto-faizal-kichan-buhari-al-umma-dravidar-viduthalai-kazhagam-h-farook/article28494593.ece[/ref]

In September 2017, journalist and self-identified rationalist Gauri Lankesh was shot dead by at least two assailants outside her home in Bangalore.[ref]https://www.cjr.org/special_report/gauri-lankesh-killing.php, https://www.freepressjournal.in/india/thousands-bid-tearful-farewell-to-journalist-gauri-lankesh-in-bengaluru[/ref] She had been an ardent critic of Hindu nationalism, extremism and caste-based discrimination. At the time of her death, Lankesh was in the process of appealing her 2016 conviction for defamation after publishing an article in 2008 in which she alleged that members of the BJP had committed theft. State police say it is widely suspected that the murder is linked to her work. As a result of the investigations into Lankesh’s murder, the Karnataka Police Special Investigation team submitted a 9,235 page report to the Karnataka Court where a confession by accused Rajesh Bagera is recorded.[ref]https://scroll.in/latest/908884/gauri-lankesh-murder-sanatan-sanstha-also-tracked-rationalist-narendra-nayak-say-police[/ref]

On 16 February 2015, Govind Pansare and his wife, Uma, were shot at by two men on motorcycles outside their house in Kolhapur, Maharashtra state, having returned from a morning walk. Pansare later died of his injuries. He was a senior left-wing politician of the Communist Party of India (CPI), a writer and rationalist, having often spoken out against right-wing groups. Pansare was also a member of the Kolhapur Anti-Toll Committee having taken a lead in the campaign. Comparisons have been drawn between this attack and the earlier murder of anti-superstition activist Narendra Dabholkar (below). Raghunath Kamble, general secretary of CPI’s Kolhapur unit said that a few months before Pansare had received anonymous letters, which read, “Tumcha Dabholkar Karu [you would also be killed like Dabholkar].” Kamble said that Pansare had received threats several times in the past but that he would “ignore such threats and continued with his work.” Hamid Dabholkar (Narendra Dabholkar’s son) criticized those dismissing similarities in the two cases, pointing out that both Dabholkar and Pansare were rationalists and opponents of right-wing extremism, and had been threatened several times.[ref]https://indianexpress.com/article/india/politics/kolhapur-senior-cpi-leader-govind-pansare-wife-injured-in-firing/[/ref] To date, at least 12 individuals have been arrested in connection with the crime, including members of the right-wing Hindu nationalist group Sanatan Sanstha.[ref]https://www.ndtv.com/india-news/3-more-suspects-arrested-in-the-govind-pansare-murder-case-police-2096835[/ref] In November 2019, Pansare’s family reportedly filed an application seeking change of investigating officer due to their dissatisfaction with the manner in which he was handling the investigation.[ref]https://www.firstpost.com/india/govind-pansare-murder-case-unhappy-with-probe-slain-activists-family-demands-the-investigating-officer-be-changed-7688491.html[/ref]

In August 2015, M.M. Kalburgi, a 77 year old rationalist scholar and university professor, was shot dead at his home in the southern state of Karnataka. As in the case of Govind Pansare and Narendra Dabholkar, two unidentified male assailants on a motorbike were responsible. Kalburgi had received death threats following his criticism of idol worship during a seminar in 2014. In a statement to the Hindustan Times newspaper his daughter Roopadarshi said that “There was a threat to my father from groups that couldn’t digest his views on caste and communalism. The role of these groups should be probed…”[ref]https://time.com/4016747/mm-kalburgi-india-murder-rationalist-idol-worship-hindu-nationalism/[/ref] On 18 August 2019, police filed charges against six individuals, including the man accused of killing journalist Gauri Lankesh (see above).[ref]https://www.hindustantimes.com/india-news/sit-files-kalburgi-charge-sheet-finds-lankesh-link/story-pDOLmo59Yl6mBiYdPmFHnJ.html[/ref]

On 20 August 2013, leading anti-superstition campaigner Narendra Dabholkar was shot and killed in Pune, Maharashtra state, by two men on a motorcycle. The murder came just days after the state government pledged to re-introduce an anti-superstition bill,[ref]https://timesofindia.indiatimes.com/city/pune/In-18-mths-150-cases-filed-under-anti-superstition-Act-most-victims-women/articleshow/48567491.cms[/ref] aimed at making it an offense to exploit or defraud people with ‘magical’ rituals, charms and cures. This bill was closely associated with Dabholkar’s work, and was opposed by many right-wing and Hindu nationalist groups who labeled it “anti-Hindu.”[ref]https://www.theguardian.com/world/2013/aug/20/anti-superstition-narendra-dabholkar-shot-dead[/ref] Dabholkar was a long-time activist in India’s rationalist movement, founder-president of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), an anti-superstition organization. He was also a leader of the Federation of Indian Rationalist Association, a member organization of Humanists International. The anti-superstition bill was passed into law soon after Dabholkar’s assassination. In 2017, the state of Karnataka passed the ‘Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill,’ an anti-superstition bill, under pressure from civil society groups following the murders of Dr Dabholkar and Dr Kalburgi. Almost seven years since his murder, the trial of the accused had still not commenced as of March 2020.[ref]https://thewire.in/government/pistol-suspected-to-be-used-in-dabholkar-murder-recovered-from-arabian-sea-bed[/ref] In February 2020, the Bombay High Court expressed concern at the delay.[ref]https://www.newindianexpress.com/nation/2020/feb/13/hc-raps-cbi-cid-over-trial-delay-in-narendra-dabholkar-govind-pansare-murder-cases-2102937.html[/ref]