The Indian government has recently rejected the 2023 report issued by the US Commission on International Religious Freedom (USCIRF), branding it as biased and motivated. The USCIRF, an independent, bipartisan commission established by the US Government following the enactment of the International Religious Freedom Act (IRFA) in 1998, serves to defend the universal right to freedom of religion abroad.
Its main function is to act as an advisory body to the US Congress and while it is headquartered in Washington DC, its recommendations hold no binding effect on state departments. Despite its standing, India traditionally does not acknowledge USCIRF’s viewpoints.
India’s Controversial Laws and Policies
The report issued by USCIRF has raised several concerns pertaining to specific laws and policies in India. These laws and policies in question, such as those about religious conversion, interfaith relationships, hijab and cow slaughter, have the potential to discriminate on the basis of religion. In addition, legislation such as the Citizenship (Amendment) Act of 2019 and the National Register of Citizens (NRC) is criticized for its adverse effects on minorities.
Suppression of Freedom of Expression
Another pivotal concern cited in the USCIRF report is the alleged suppression of freedom of expression, particularly for religious minorities. The report alleges that the Indian government has taken measures including surveillance, harassment, property demolition, and detention under the Unlawful Activities Prevention Act (UAPA) of 1967 against these groups. Non-governmental organizations (NGOs) have also been placed under scrutiny under the Foreign Contribution Regulation Act (FCRA) of 2010.
Non-Recognition of India as a Country of Particular Concern (CPC)
The USCIRF report condemns the US State Department for not recognizing India as a CPC, proposing sanctions against Indian government agencies and officials. Despite USCIRF recommending India as a CPC since 2020, this suggestion has not been acknowledged by the US government.
Recommendations of USCIRF
For 2023, based on its evaluation of religious freedom in 2022, USCIRF recommends that the State Department redesignate certain countries as CPCs or include others on the Special Watch List (SWL). Notably, it recommends the addition of India to the list of CPCs alongside Afghanistan, Nigeria, Syria, and Vietnam.
Criteria for Designation of Countries
According to USCIRF, criteria for designating countries under different categories include scrutiny of whether a government engages in or tolerates “systematic, ongoing, and egregious violations” of the right to freedom of religion, as outlined by IRFA 1998.
Freedom of Religion in India
In India, freedom of religion is recognized as a basic right, as detailed in Articles 25-28 of the Indian Constitution. These Articles cater to various aspects of religious freedom, from freedom of conscience and free profession to aspects of taxation and educational institutions related to religion. Moreover, Articles 29 and 30 aim to protect the interests of minorities in the country.