INDIA
Legal framework on freedom of religion and actual application
The constitution of the Republic of India[1] guarantees religious freedom, and the country has a distinct form of secularism that was designed to treat religious traditions equally. However, since Prime Minister Narendra Modi and the Bharatiya Janata Party (BJP) came to power in 2014, Indian secularism has not adequately protected the religious freedom of minority communities.
With more than 2000 ethnic groups, over three thousand caste groups, at least six religions and over 122 spoken languages,[2] India has a long history of interreligious conflicts. These stem back to pre-colonial times when wars between the Muslim Mughal Empire and the Hindu Marathas were as religious as they were political.[3] During the subcontinent’s independence movement and the 1947 partition that created the independent nations of India and Pakistan, Hindu nationalist groups emerged with strong political, social and cultural influence. These are collectively known as Sangh Parivar (family organisation or association), include the Rashtriya Swayamsevak Sangh (National Volunteer Organisation, RSS), and have grown dramatically since Narendra Modi’s election. Members of various Sangh Parivar organisations now hold senior positions in the government, the armed forces, and academia.
Religious freedom is guaranteed under Article 25 of the constitution, which states that “all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate religion.” Article 27 states that no one may be compelled to pay taxes intended for the promotion or financing of a particular religious denomination, while Article 26 safeguards the freedom of “every religious denomination” to “establish and maintain institutions for religious and charitable purposes” and to “manage its own affairs in matters of religion”. Article 30 defines the right of minorities, including religious minorities, to establish and administer their educational institutions.
Despite India’s official secular status, various federal and state governments have enacted laws restricting the religious freedom of individuals, institutions and groups. In December 2024, the Places of Worship Act of 1991 became prominent because Hindu interest groups had submitted numerous petitions to survey Muslim religious buildings to ascertain whether they were once the sites of Hindu temples. To prevent disputes, the act aimed to maintain the religious identity of places of worship as they were in 1947. It came under scrutiny by the Supreme Court after police in Uttar Pradesh killed five Muslim men who protested a court-sanctioned survey of the Shahi Jama Masjid Mosque in the town of Sambhal.[4] On 12 December 2024, the Supreme Court prohibited civil courts from filing new lawsuits challenging the ownership and title of any place of worship or from ordering surveys of disputed sites.[5]
In November 2024, the Ministry of Home Affairs issued a notice stating that any NGO whose acceptance of foreign funding affected social or religious harmony would “face cancellation of its Foreign Contribution Regulation Act (FCRA) licence”. Such a cancellation renders NGOs unable to receive foreign donations, and many have been forced to end their operations. In 2024, there were only 15,947 active FCRA licences while 35,488 licences had been cancelled or had expired and not been renewed.[6]
With increasing frequency since 2014, the authorities have frozen the bank accounts of organisations, using the 2010 FCRA. Many observers believe that the current government has used the act selectively to target NGOs affiliated with minority religious communities, restricting, for example, the work of Christian humanitarian and development organisations.[7] In January 2024, World Vision’s FCRA licence was cancelled after being suspended for three years. This means that World Vision India is no longer permitted to receive international funding, which will greatly impact its development and humanitarian efforts.[8]
State regulation of both majority and minority religious institutions has impacted religious freedom. Since independence, a vast number of Hindu temples have been regulated by state and central governments. Article 25 (2) of the constitution says that the State may pass laws which regulate religious activity and ensure the opening of Hindu institutions to all classes of Hindus.[9] In September 2024, the Vishwa Hindu Parishad (VHP), a large nationalist Hindu organisation, demanded that the ruling Bharatiya Janata Party (BJP) “free Hindu temples” from government control. The demand came after the Chief Minister of Andhra Pradesh accused the previous government of having allowed one of the largest temples in India to use animal fats to prepare temple food.[10]
In 2024, the High Court of Tamil Nadu ruled that minority educational institutions, which include Christian and Muslim schools and colleges, should establish an open recruitment process in which individuals from all religions can apply for jobs, particularly if the government aids the institution. The court was responding to the Catholic Diocese of Tirunelveli, which was appointing people based on diocesan seniority. The court said that it would exercise powers of judicial review under Article 226 of the constitution if there was any violation of the rights of eligible candidates.[11] Also in 2024, high courts called for the formation of a state-run body in Tamil Nadu to manage Christian properties and recruitment procedures.[12]
On a more positive note, in 2024, the Supreme Court upheld the Uttar Pradesh Board of Madrasa Education Act of 2004 (ensuring that madrasa education - Islamic schools - meet the required educational standards while respecting their religious nature), which the Allahabad High Court had struck down. The High Court said that madrasas “made it compulsory for students to study Islam” and that some modern subjects were made optional. It ruled that the state could not “discriminate” by providing education based on religion.[13] But the Supreme Court ruled that according to Article 30 of the constitution, minority institutions had the right to establish and administer institutions to impart both religious and secular education. Furthermore, Article 28 did not prohibit educational institutions which had been established by an endowment or trust but were maintained by state funds from providing religious education.[14]
In 2024, Parliament passed the Waqf Amendment Act, which concerns properties donated by Muslims. It allows non-Muslims to be appointed to waqf boards and to even comprise a majority among the eleven members. Muslims expressed concern that non-Muslim board members could determine the future of waqf endowments. A similar concern was expressed regarding religious representation on community boards governing Hindu and Sikh endowments.[15] Opponents of the law argue that the act violates the religious freedom of institutions as outlined in Article 26 of the constitution.
March 2024 saw the government issue rules on the implementation of the Citizenship Amendment Act (CAA) of 2019, which was designed to help minorities fleeing persecution, but which has led to the discriminatory exclusion of Sri Lankan Tamils, Bhutanese, and Muslim groups such as Rohingya, Hazaras, Shi‘a and Ahmadiyyas. While excluding these groups, the CAA removed barriers to acquiring Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who had arrived from Afghanistan, Bangladesh and Pakistan before the end of 2014. It did not, however, remove barriers from members of these religious groups living in tribal areas such as Mizoram. Critics of CAA see it as a “weaponisation against the minority Muslim population in India”.[16] Also, under the new CAA rules, the government can cancel the Overseas Citizenship of India (OCI) registration of individuals if they break the law or participate in protests.[17]
Anti-conversion legislation continued to be implemented furthering social restrictions on religious freedom. Several states have passed Freedom of Religion Acts (or, as their critics call them, “anti-conversion laws”), which are designed to regulate religious conversions allegedly brought about through forcible or fraudulent means.
In December 2024, the cabinet of the north-western state of Rajasthan approved the Prohibition of Unlawful Conversion of Religion Bill.[18] The State Legislative Assembly passed it into law in February 2025,[19] making Rajasthan the twelfth Indian state with an anti-conversion law. The other states are Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Uttarakhand, and Uttar Pradesh.[20]
The prejudicial intent of these laws is evident in the fact that they have rarely if ever been used to investigate or prosecute Hindus, even in situations where the Sangh Parivar has been criticised for raising money to fund “reconversion” to Hinduism.[21] The laws disadvantage minority faiths, as evidenced in 2015 when the Supreme Court ruled that a person who “reconverts” from Christianity to Hinduism is entitled to recover certain benefits which they lost on conversion. Reconverting individuals are entitled to these benefits if their forefathers belonged to a Scheduled Caste and the community accepts them back.
Anti-conversion laws are often passed at the behest of Hindu nationalist groups who fear that India’s Hindu character is under siege due to the growth of competing faiths. Muslims and Christians are especially affected because both faith communities engage in missionary activity. The prohibitions provide opportunities for local officials and Hindu supremacist organisations to harass and intimidate members of minority communities.[22]
In 2024, Uttar Pradesh passed an amendment to its anti-conversion law, permitting anyone to register a case accusing persons or groups of unlawful conversions. Until then, only close relatives of minors, women, or individuals who were regarded as “unlawfully converted” could register a case. Critics fear that this new provision could be susceptible to misuse. The law builds on an earlier one which was passed in 2021 to combat “love jihad”, a theory promoted by Hindutva groups seeking to establish the cultural dominance of Hinduism. The theory proposes that Muslim men lure Hindu women into marriage to convert them to Islam.[23] Under the amended law, anyone who threatens, conspires or promises marriage to bring about conversion can be sentenced to life imprisonment. The offence was also made unbailable. To convert to marry, individuals must provide the magistrate with an affidavit at least two months in advance. Uttar Pradesh is the first state to institute a law against religious conversion for marriage.[24]
The Indian Penal Code (IPC)[25] includes a blasphemy provision. Section 295A penalises outraging religious feelings if this is done with “deliberate and malicious” intent. The law has been applied against Christians, both Indian and foreign, who have allegedly criticised Hinduism in the course of evangelism.[26]
In December 2023, Parliament passed the Telecommunications Act, increasing the powers of the government to order internet shutdowns. India shuts down the internet far more than any other democratic country.[27] In April of the same year, information technology rules were introduced which critics fear weaken encryption, restrict online freedom of expression, and threaten democracy and individual liberty.[28]
In February 2024, the state of Uttarakhand enacted the Uniform Civil Code (UCC), a measure aimed at standardising legal provisions concerning marriage, divorce, adoption and inheritance across all communities, irrespective of religious affiliation. The law also introduced a requirement for couples to register cohabiting relationships within one month or face up to three months in prison. While framed as a step towards legal equality and social uniformity, the UCC has faced criticism from Muslim leaders, who argue that it undermines religious pluralism by banning practices permitted under Islamic law, such as polygamy and divorce. Critics raise concerns about the erosion of constitutionally protected cultural and religious diversity.[29]
In December 2024, Parliament passed three criminal laws to replace the Penal Code of Criminal Procedure and the Indian Evidence Act, which were inherited from the British at independence in 1947. Lawyers and activists who oppose the laws fear that the changes, such as increasing the duration of police custody from 15 to 60 days and, in special cases, 90 days, could lead to abuse.[30] Another change which could be used to quash dissent and increase state repression is the admission of electronic records, such as text messages and Facebook posts, as evidence. Meanwhile, the Bharatiya Nyaya Sanhita (BNS) law which replaced the old sedition law added a provision criminalising “acts endangering the sovereignty, unity, and integrity of India”.[31] Critics fear that the broad scope of this new provision could be used to repress criticism of the government and violate the rights of those who wish to exercise the right protest.
Incidents and developments
In the period under review, violence against religious minorities continued across various parts of India. The most common, and destructive, of these was mob related violence. In 2023, there were 32 recorded riots and 21 incidents of mob killing. Eleven of the 32 riots took place in Maharashtra. The riots claimed 15 lives (four Hindu and five Muslim), and the mob violence 16 lives (all Muslim).[32] The most common trigger for mob violence were allegations of cow slaughter. There were 33 recorded incidents of hate speech in 2023, but this did not cover hate speech delivered in certain vernacular media. 2024 saw an increase of 84 percent in riots, with 59 recorded incidents. Most of the riots took place during religious festivals or processions.[33] In March 2023, a procession in Gujarat led by the nationalist organisation Vishwa Hindu Parishad (VHP), altered its regular route marching past a mosque and a Muslim shrine. The marchers vandalised the shrine as multiple processions of Hindus marched through the Muslim section of town. Riots broke out, and numerous people, mostly Muslims, were arrested.[34]
As the nation prepared for general elections in April and May 2024, there was a spike in riots and violence against Muslims and Christians. Prime Minister Narendra Modi used anti-Muslim rhetoric during the election campaign, employing words such as “infiltrators”.[35] He claimed that opposition parties planned to take away funds from Dalits, Adivasis and other groups and give them to Muslims. The Election Commission of India asked X to take down an anti-Muslim video which the BJP had created, and which was exacerbating tensions.[36]
Following the much-awaited consecration of the Ram Temple in Ayodhya in January 2024, there was a rise in attacks on religious minorities.[37] In the state of Maharashtra, violence erupted on Mira Road in the far north of Mumbai after a Hindu procession allegedly came under attack, which led to Muslim-owned businesses being burned and Muslim youth being arrested and attacked. Less than 48 hours after the violence, local authorities bulldozed Muslim-owned buildings they termed “illegal structures”,[38] a case of the growing “bulldozer justice” which state authorities have used to demolish Muslim-owned properties. In February 2024, the Delhi Development Authority demolished the 600-year-old Akhoondiji Mosque, claiming it owned the land on which the building had been erected.[39]
The reporting period saw numerous attacks by Hindus on Muslims as part of so-called cow-vigilantism - violence related to suspicion of smuggling and slaughter of cows and eating of beef. One of the most shocking incidents took place in August 2024, when a 72-year-old man was attacked on a train in Mumbai on suspicion of carrying beef.[40] A month later in Haryana, a group of “cow vigilantes” chased and then shot dead a young Hindu man after mistaking him for a Muslim cow smuggler.
The first half of 2023 saw violence against Christians in 23 states.[41] Christians are attacked primarily because of allegations of forced conversions. Christianity has grown among many different groups, but especially rural tribal communities. Alarmed by the growing numbers of converts to Christianity, Hindu extremists started campaigns to “reconvert” tribal Christians and began attacking Christian places of worship, often with the tacit support of local authorities. Critics allege, police have either downplayed the attacks or looked the other way. According to the United Christian Forum, attacks on Christians increased from 127 in 2014 to 834 in 2024. Uttar Pradesh, the most populous state, has had the most incidents with 209 and Chhattisgarh followed with 165.[42]
Although there are too many attacks on Christians to enumerate individually, representative cases include the following:
In January 2023, a couple from Kerala were accused and later imprisoned for five years for allegedly inducing Hindu Dalits to convert to Christianity in Uttar Pradesh. No Dalit had complained about the couple; rather, they said that the couple encouraged them to study and stay away from alcohol.[43]
In May 2023, ethno-religious violence broke out between the predominantly Hindu Meitei tribe and the Christian Kuki-Zo and Naga tribes after the Meitei sought scheduled status, which would give them a right to the land of the Christian tribes. Hundreds of people were killed and churches and homes burned. Entire villages were razed to the ground.[44] A group of 550 civil society groups[45] allege that the Chief Minister of Manipur protected the Hindu-majority Meitei community and accused Christian-majority Kuki tribes of engaging in drug trafficking and harbouring refugees from Myanmar.[46] In contrast to the Mizoram state government, which has welcomed refugees from Myanmar, the Manipur state government has aligned with the stance of central government and arrested and repatriated them. Archbishop Peter Machado of Bangalore said that the continuing violence in Manipur demonstrates “the danger faced by people who are being targeted for their religious beliefs and practices”.[47]
In May 2023, two Christian women from Manipur, Glory and Mercy, were stripped naked and paraded through the streets. One was raped and the other assaulted. The father and brother of the victims died trying to protect them.[48] [49] The two women and their brother had taken refuge in a police vehicle, with at least five policemen present, but these fled as a mob approached and dragged the young people from the vehicle.[50]
Fr Babu Francis, director of social work in the Diocese of Allahabad in Uttar Pradesh, was detained for three months and released in December 2023 after being accused of violating the state’s anti-conversion laws.[51]
In February 2024, also in Uttar Pradesh, Fr Dominic Pinto and nine lay Protestants were arrested for organising a gathering of evangelical pastors in a Catholic centre.[52]
In September 2024, a Pentecostal pastor in Maharashtra was beaten by a mob after conducting a housewarming ceremony. The house was next door to a Hindu temple, and 20 men watched Christians gather in the house, followed the pastor as he drove away and attacked him.[53]
In November 2024, a Baptist pastor, Pranjal Bhuyan, was arrested in Assam for violating the newly enacted Assam Magical Healing Act after he prayed for tribal people in a village. Archbishop Moolachira of Assam said that calling prayer “magical healing” was misleading and that healing was “not synonymous with proselytisation”.[54]
On Christmas Day 2024, a mob of right-wing Vishwa Hindu Parishad (VHP) disrupted a Church service in Mahuva chanting “Jai Shri Ram” and saying that the Church needed permission to conduct its service. The following day, in Odisha, two tribal women were beaten because of an allegation that they had forcibly converted an individual in their village. At the same time in Uttar Pradesh, members of the VHP tonsured a Christian Dalit man, plastered vermillion on his head, and paraded him through the village.[55]
Vandalism of Christian institutions and churches continued during the period under review. In August 2023 in Delhi, a mob belonging to a Hindu organisation ransacked the Zion prayer hall and vandalised the premises, chanting slogans.[56] Earlier in the year, in January, 18 crosses and tombstones in the cemetery of one of Mumbai’s oldest Catholic churches, St Michael’s, were vandalised.[57] In February 2024, in Telangana, a mob shouting “Jai Shri Ram” attacked a church destroying the crucifix, chairs and roof injuring 20 Dalit Christians.[58] In April, the Mother Teresa School in the southern state of Telangana was vandalised after teachers refused to allow students wearing saffron clothes instead of their uniforms to enter the classroom. Parents registered a case against the school under sections 153(A) (promoting enmity between different religious groups) and 295 (A) (insulting religious feelings) of the Penal Code.[59]
Prospects for freedom of religion
India’s democracy is the most vibrant in its South Asian neighbourhood, much stronger than that of Pakistan, Bangladesh, Sri Lanka, and certainly Myanmar. It is on the front lines of — and in a tense border stand-off with — the world’s most dangerous authoritarian power, China. Yet the rising level of restrictions on Christians and other non-Hindu religious minorities, accompanied by religiously motivated violence, impunity, intimidation, and growing restrictions on the freedom of individuals to practise a religion of their choice, is deeply disconcerting. India is an example of “hybrid persecution”, where both pseudo-legal measures and bloody attacks are perpetrated against those of the “wrong” religion. There is significant regional variation, with states like Uttar Pradesh, Chhattisgarh, and Maharashtra in the North and Karnataka in the South exhibiting the most social restrictions and non-state violence. Despite Prime Minister Narendra Modi’s party securing a reduced majority in the recent general elections, government restrictions, including new and more stringent anti-conversion laws and continued misuse of the FCRA to limit the operation of religious NGOs pose serious challenges. Thus, the prospects for religious freedom in India remain negative.
Sources
India