Key legislation in India

Constitution of India (79kb)
Several articles relating to freedoms of religion and the rights of Scheduled Castes (Dalits) are included here. For example, Article 14 provides for "equality before the law" for all citizens. Article 15(1) refers to non-discrimination on the basis of caste and gender. Article 17 bans untouchability, a symptom of caste, but not the caste system itself. Article 25 guarantees that every Indian citizen can "profess, practise and propagate religion". Article 46 relates to the protection of Dalits from "social injustice and all forms of exploitation".

Indian Penal Code (153kb)
Many sections are used to deal with the violation of rights of minority faiths and oppressed castes. We have also listed a few of the codes that can be used when filing FIRs after an attack occurs. For example, if someone has stopped a vehicle and beaten a Christian literature team, they could possibly file a case under section 283. Or if a Hindutva group interrupts a prayer meeting by invading the church, the pastor could file a case under section 296.

Code of Criminal Procedure (126kb)
This law gives detailed directions on how police, judges, and courts are to conduct themselves. We have selected a few codes that apply to situations often faced during and after incidents of religious or caste violence.

India laws dealing with religious freedoms

1. Anti-Conversion or "Freedom of Religion" Laws
   
   Note that both conversion activities and willful trespass by missionaries upon the sacred spaces of other faiths can be prosecuted under Section 295A of the Indian Penal Code, so many experts believe there is no need for anti-conversion laws by individual states and they should be repealed. Others note several of the laws mention Scheduled Castes and Scheduled Tribes and discriminate by attempting to limit the freedom of conscience for members of those groups. For an excellent analysis on the current status of each law or a compiled collection of the laws below, visit "resources" at Christian Solidarity Worldwide.
   • Arunachal Pradesh Freedom of Religion Act, 1978, No. 4 (34kb)
   • Chhattisgarh Freedom of Religion Amendment, 2006, No. 18 (36kb)
   • Gujarat Freedom of Religion Act, 2003, No. 24 (45kb)
   • Gujarat Freedom of Religion Amendment, 2006, No. 30 (38kb)
   • Himachal Pradesh Freedom of Religion Act, 2006, No. 31 (34kb)
   • Madhya Pradesh Freedom of Religion Act, 1968, No. 27 (35kb)
   • Madhya Pradesh Freedom of Religion Rules, 1969 (45kb)
   • Madhya Pradesh Freedom of Religion Amendment, 2006, No. 15 (38kb)
   • Orissa Freedom of Religion Act, 1967, No. 21 of 1968 (30kb)
   • Orissa Freedom of Religion Rules, 1989, No. 8 (51kb)
   • Rajasthan Freedom of Religion Act, 2006, No. 12 (34kb)
   • Tamil Nadu Freedom of Religion Ordinance, 2002, No. 9 (37kb)
   • Tamil Nadu Freedom of Religion repeal, 2006, No. 10 (29kb)
   
   
   • Andhra Pradesh Propagation of Other Religions in Places of Worship or Prayer (Prohibition) Ordinance, 2007 (34kb)

     Although not technically an anti-conversion law, this law forbids the distribution of literature or other propagation of one religion within the vicinity of designated places of worship of a different religion. Note that an act modeled on this ordinance was passed on July 23, 2007 by the Andhra Pradesh assembly. The list of affected worship places hasn't been released.

2. Union (Federal) Acts, Bills, and Orders
   • Charitable and Religious Trusts Act, 1920, No. 14 (44kb)
   • Foreigners Act, 1946, No. 31 (71kb)
   • Foreigners Amendment Act, 2004, No. 16 (29kb)
   • Foreign Contribution (Regulation) Act, 1976, No. 49 (95kb)
   • Foreign Contribution (Regulation) Bill, 2006, No. 112 (118kb)

     This is a draft which hasn’t been passed by the Indian Parliament. For a critique by a human rights group, see http://www.hrdc.net/sahrdc/hrfeatures/HRF156.htm or for analysis by a policy group, see http://www.prsindia.org/legis_page.php?bill_id=87.

   • Hindu Marriage Act, 1955, No. 25 (118kb)
   • Hindu Succession Act, 1956, No. 30 (85kb)

     This act says that if a spouse converts to a religion other than Hinduism, Jainism, Sikhism or Buddhism, that spouse may lose guardianship of their children, inheritance, and more.

   • Indian Christian Marriage Act, 1872, No. 15 (187kb)
   • Indian Divorce Act, 1869, No. 4 (190kb)
   • Indian Divorce (Amendment) Act, 2001, No. 51 (48kb)
   • Indian Succession Act, 1925, No. 39 (679kb)
   • Indian Succession (Amendment) Act, 2002, No. 26 (22kb)
   • Indian Trusts Act, 1882, No. 2 (191kb)
   • Marriage Laws (Amendment) Act, 2001, No. 49 (32kb)
   • National Commission for Minorities Act, 1992, No. 19 (50kb)

     This Commission investigates and protects the rights of religious minorities in India.

   • National Commission for Minority Educational Institutions Act, 2004, No. 2 of 2005 (57kb)
   • National Commission for Minority Educational Institutions (Amendment) Act, 2006, No. 18 (54kb)
   • Places of Worship (Special Provisions) Act, 1991, No. 42 (36kb)

     Prohibits the conversion of any place of worship into a place of worship of a different religion.

   • Religious Institutions (Prevention of Misuse) Act, 1988, No. 41 (Download from Ministry of Home Affairs website, 36kb)

     Prohibits the use of any religious institution for any action that might promote disharmony or hatred between different religious, racial, language or regional groups.

   • Representation of the People Act, 1951, No. 43 (496kb)

     Prohibits the use of religion or religious symbols to promote one's political candidacy or to harm the election efforts of another candidate. For example, see sections 123 and 125.

   • Representation of the People (Second Amendment) Act, 2003, No. 2 of 2004 (25kb)
   • Societies Registration Act, 1860, No. 21 (64kb)
   • Unlawful Activities (Prevention) Act, 1967, No. 37 (81kb)
   • Unlawful Activities (Prevention) Amendment Act, 2004, No. 29 (104kb)

India laws dealing with caste and untouchability

• Caste Disabilities Removal Act 1850, No. 21 (29kb)
• Constitution (Scheduled Castes) Order, 1950 (88kb)

  Also called the 1950 Presidential Order, this law included a clause that restricted government benefits for Scheduled Castes (also called Dalits) to people from the Hindu faith. It was later amended to include Buddhists and Sikhs. See below for the amendments.

• Constitution (Scheduled Castes) Order (Amendment) Act, 1990, No. 15 (334kb)

  This granted Dalit Buddhists their rights to government benefits.

• Protection of Civil Rights Act, 1955, No. 22 (99kb)

  This was originally called the Untouchability (Offences) Act 1955.

• Protection of Civil Right Rules, 1977 (45kb)
• Protection of Human Rights Act, 1993, No. 10 of 1994 (151kb)

  This established the National Human Rights Commission of India. To see complete brochure including act and amendment, go to http://nhrc.nic.in/Publications/HRAct.pdf (110kb).

• Protection of Human Rights Act, amendment 2006, No. 43 (53kb)
• National Commission for Backward Classes Act, 1993, No. 27 (49kb)
• National Commission for Scheduled Castes Rules, 2004 (40kb)

  The National Commission for Scheduled Castes and Scheduled Tribes existed for many years but became a body with Constitutional authority when India passed the Constitution (Sixty Fifth Amendment) Act, 1990, which modified article 338 of the Constitution of India. In 2004, as a result of the Constitution (Eighty-Ninth Amendment) Act, 2003, article 338 was amended and the Commission was split into The National Commission for Scheduled Castes and a separate National Commission for Scheduled Tribes.

• Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956, No. 63 (120kb)

  This granted Dalit Sikhs their rights to government benefits.

• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, No. 33 (105kb)
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (90kb)

India laws dealing with specific forms of exploitation

• Bonded Labour System (Abolition) Act, 1976, No. 19 (78kb)
• Child Labour (Prohibition and Regulation) Act, 1986, No. 61 (63kb)
• Child Labour (Prohibition and Regulation) Rules, 1988 (65kb)
• Children Pledging of Labour Act, 1933, No. 2 (28kb)
• Commission of Sati (Prevention) Act, 1987, No. 3 of 1988 (57kb)
• Commission of Sati (Prevention) Rules, 1988 (32kb)
• Commissions for Protection of Child Rights Act, 2005, No. 4 of 2006 (84kb)
• Commissions for Protection of Child Rights (Amendment) Act, 2006, No. 4 of 2007 (23kb)
• Dowry Prohibition Act, 1961, No. 28 (49kb)
• Dowry Prohibition Rules, 1985 (28kb)
• Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, No. 46 (73kb)

  Manual scavenging is an occupation primarily of Dalits and involves cleaning human excrement from dry toilets, usually with bare hands or minimal tools.

• Juvenile Justice (Care and Protection of Children) Act, 2000, No. 56 (145kb)
• Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, No. 33 (58kb)
• National Commission for Protection of Child Rights Rules, 2006 (Download from Ministry of Women & Child Development website, 919kb)
• National Commission for Safai Karamcharis Act, 1993, No. 64 (49kb)

  This act established a government commission to supervise the care and rehabilitation of manual scavengers. Manual scavenging was banned under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, listed above.

• National Commission for Safai Karamcharis (Amendment) Act, 2001, No. 55 (23kb)
• National Commission for Women Act, 1990, No. 20 (Download from the Ministry of Women & Child Development website, 1.96MB)
• Prohibition of Child Marriage Act, 2006, No. 6 of 2007 (54kb)
• Protection of Women from Domestic Violence Act, 2005, No. 43 (90kb)
• Protection of Women from Domestic Violence Rules, 2005 (81kb)
• Suppression of Immoral Traffic in Women & Girls, 1956, No. 104 (106kb)

  This is sometimes referred to as the Immoral Traffic (Prevention) Act, 1956.

India Policies

National Commission on Linguistic & Religious Minorities report excerpts, May 2007
Also known as the Justice Misra Commission, after two years of investigation the panel delivered a report to the Indian Government which concluded that caste permeates all Dalit communities. They recommended that affirmative action (reservations) should be given to Christian, Muslim and other Dalits. The Constitution (Schedule Castes) Order 1950 only grants these benefits to Hindu, Sikh, and Buddhist Dalits.

Election Commission of India Moral Code of Conduct, 2007 (Download from EC website, 456kb)
This document from the powerful Election Commission guides political parties and candidates on appropriate actions. The first point (1.1) outlaws activities which would increase tensions or hatred between castes or religious communities, and 1.3 says places of worship can’t be used for election propaganda.

Press Council of India Norms of Journalistic Conduct, 2005 (76kb)
The principles in this document require reporters to write responsibly about religious or caste issues so that conflicts are not increased. Principle 22 specifically addresses this, but other principles also warn against biased or unbalanced reporting. And editors are required to take complaints from citizens who feel treated unfairly. This Council was established by Press Council Act, 1978, and is governed by the Press Council (Procedure for Inquiry) Regulations, 1979.

International Treaties and Documents

UN Universal Declaration of Human Rights, 1948
Website version | Download PDF (50kb)
Articles 6, 7, and 26 deal with common problems faced by Dalits. Articles 2 and 18 are especially relevant to religious freedom struggles.

UN International Covenant on Economic, Social and Cultural Rights, 1966
Website version | Download PDF (50kb)
India acceded on July 10, 1979.

UN International Covenant on Civil and Political Rights, 1966
Website version | Download PDF (104kb)
India acceded on July 10, 1979. Grants right to freedom of thought, conscience, and religion.

UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979
Website version | Download PDF (90kb)
India ratified in August 8, 1993. Many Dalit women face the problems discussed in this document.

UN Convention on the Elimination of All Forms of Racial Discrimination, 1965
Website version | Download PDF (92kb)
India ratified in January 4, 1969. Sections especially relevant include Article 4 which says India must prevent and eliminate discrimination on the grounds of religion or belief, make all efforts to enact or rescind legislation where necessary, and combat intolerance on the grounds of religion or other beliefs.

UN CERD, Recommendation on Descent-Based Discrimination, 2002
Download PDF (61kb)
The UN Committee on Elimination of Racial Discrimination (CERD) decided that descent-based discrimination (i.e. of Dalits) was within their authority and needed action.

UN CERD, Concluding Observations: India, 2007
Download Doc from UN website (120kb)
The UN Committee on Elimination of Racial Discrimination (CERD) heard testimony from India during their 70th Session and recommended specific corrective actions to deal with the challenge of caste discrimination.

UN SCPPHR, Proposed Appointment of Investigators on Work & Descent-Based Discrimination, 2004
Download PDF (42kb)
The UN Sub-Commission on the Promotion and Protection of Human Rights (SCPPHR) appointed two rapporteurs to investigate and report on work & descent-based discrimination (i.e. Dalits). This edited version of the decision shows it was a historic recognition that there was a problem in countries practicing this type of discrimination in the 21st century.

UN CHR, Appointment of Investigators on Work & Descent-Based Discrimination, 2005
Download PDF (38kb)
The UN Commission on Human Rights approved the proposal (from 2004) to appoint rapporteurs to investigate this type of discrimination (i.e. against Dalits).

UN Convention on the Rights of the Child, 1989
Website version | Download PDF (131kb)
India acceded on January 11, 1993.

UN Committee on the Rights of the Child, Concluding Observations: India, 2004
Download from UN website
The UN recommended that India take specific action to protect children from trafficking, forced labour and other problems after a hearing in the Committee’s 35th Session.

Policies for Multinational Corporations & the Private Sector

The Ambedkar Principles, 2005
Website version | Download PDF (59kb)
These principles are modeled on similar documents used in countries where large-scale discrimination has occurred. The International Dalit Solidarity Network continues to urge multinational companies with operations in India to sign this document.

The Global Sullivan Principles, 1999
Website version | Download PDF (43kb)
These principles helped the international corporate community deal with apartheid in South Africa.

The MacBride Principles, 1984
Website version | Download PDF (52kb)
These principles helped the international corporate community deal with the Catholic-Protestant conflict in Northern Ireland.

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