Context

The Uttarakhand High Court has issued a 6–week notice to the State government and the Centre to file their responses to the petitions challenging the provisions of the Uttarakhand Uniform Civil Code (UCC). Further, in a move to provide temporary relief, the Uttarakhand High Court has asked the affected individuals to approach the court in cases of penal actions, as reported by LiveLaw.

On January 27, 2025, Uttarakhand became the first Indian state to implement a Uniform Civil Code (UCC). However, the law has come under the scrutiny of the Uttarakhand High Court as a result of various writ petitions filed challenging multiple provisions of the UCC. The law makes it mandatory for individuals in live–in relationships to register their relationship with the registrar within whose jurisdiction they reside. Further, the law deliberately targets the minority communities, such as Muslims, and prescribes procedures to be followed in religious matters which is completely contrary to the holy Quran.

For a more comprehensive understanding of the provisions challenged in the impugned UCC, the article published by CJP may be referred to.

Challenges to provisions governing live–in relationships

The mandatory registration of live–in relationships and the penal provisions for non–compliance of the same have been challenged before the High Court. The petitioners have contended that these provisions are against the Fundamental Right to privacy protected under Article 21 of the Constitution of India. While addressing these contentions, Solicitor General (SG) Tushar Mehta appearing for the Government mentioned that “Experience has shown that having lived in live–in relationships without any commitment – which results from marriage only – generally, the man deserts the woman, leaving her destitute and leaving the children born out of such relationships illegitimate.” He further argued that the law aims to regulate live–in relationships, not prohibit the same while stating that “On such a registration, the child born out of such a live–in relationship is considered under the UCC to be a legitimate child, and the deserted woman is given a right to approach the competent court seeking maintenance for herself and her child,” as reported by the Times of India.

While hearing the batch of petitions, Chief Justice of the Uttarakhand High Court G Narendar questioned as to what the problem is with regulating live–in relationships while orally remarking that “There is also a fallout of this. What happens if this relationship breaks up? What if there is a child out of this relationship? In respect of marriage, there is a presumption regarding paternity but in a live-in relationship, where is that presumption? In the garb of invasion of your privacy, can the self-respect of another person be sacrificed, that too when he is your child and there is no proof of marriage… or paternity,” as reported by the Indian Express.

This debate underscores the necessity of striking a balance between the fundamental right to privacy and protecting the rights of children born out of live–in relationships and providing recognition to them.

Targeting minorities

The law has come under heavy criticism for particularly targeting religious minority communities, such as Muslims. The petitioners have contended that the UCC significantly impacts the Muslim community as it prescribes procedures to be followed which are completely against the principles laid down in the Quran. The petitioners argued that “We have pleaded before the court that the law prescribed in the Quran and its verses is an essential religious practice for every Muslim. UCC prescribes the procedure for religious matters which is absolutely contrary to the verses of the Quran. We have pleaded that to remain a Muslim, a person has to follow the Quran and its Verses.” The petitioners have further stated that “following the verses of the Quran is a mandatory practice for a Muslim and by making a civil law, the state government cannot direct a Muslim person to do anything which is contrary to the verses of Quran,” as reported by the Hindustan Times.

The petitioners cited that by banning the mandatory practice of Iddat that is followed by a divorced Muslim woman, the UCC violates the religious practice of Muslims. The petitioners have further contended that these provisions of the impugned law violate Article 25 of the Constitution of India which protects the freedom of practice and profession of religion. It has also been argued by the petitioners that the UCC is violative of the Preamble of the Indian Constitution as the liberty of expression, belief, faith and worship have been guaranteed under the Preamble.

It should be noted here that while the basis for the Uttarakhand UCC is Article 44 (Uniform civil code for the citizens), which is only a directive principle and not binding and non–justiciable in nature, Articles 25 (Freedom of conscience and free profession, practice and propagation of religion), 26 (Freedom to manage religious affairs) and 29 (Protection of interests of minorities) which guarantee freedom of religion have been blatantly ignored. The petitioners have contended that the impugned law strikes at the fundamental principle of Secularism that has been provided in the Constitution of India

The petition also stresses that the impugned law is not Uniform as it excludes the Scheduled Tribes from its purview. The petitioners have argued that the UCC creates “an arbitrary and artificial discrimination, impermissible in law, amongst citizens by not applying it to the Scheduled Tribes” and that such UCC “is not a Uniform Civil Code as directed under Article 44 of the Constitution of India, hence, deserves to be declared void.”

Restrictions on marriage

The list of “prohibited relationships” provided in the UCC has also been challenged by the Petitioners on the grounds that not only do the impugned provisions hinder the Muslims’ right to marry but also declares such marriage void and criminalizes the same. The petitioners have argued that the impugned legislation is “discriminatory in nature since it takes away the customs and usage of the Muslim community by providing for restrictions to marry in ‘degrees of prohibited relationship’ as defined in the UCC.” The petitioners further contended that such restrictions do not exist in the Muslim community and that marriage among relatives is permitted as per the Muslim law.

Conclusion

In conclusion, significant constitutional debates have been sparked by the Uttarakhand High Court’s assessment of the state’s proposed Uniform Civil Code (UCC). Privacy, religious freedom, and equal protection under the law are among the issues raised by the forced registration of live-in relationships, the purported targeting of religious minorities, and limitations on marital customs. The problem is further complicated by the Scheduled Tribes’ exclusion and the possibility of the UCC’s extraterritorial application. The High Court’s decision will be a turning point in determining how to strike a balance between individual laws, cultural autonomy, and the movement for a uniform civil framework, since Uttarakhand’s transition to a UCC is unprecedented in India.

(The legal research team of CJP consists of lawyers and interns; this legal resource has been worked on by Yukta Adha)

Related:

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Destroying the basic standards of legislation- the Uttarakhand Model of UCC

Uttarakhand’s UCC seen through a Muslim women’s political perspective

The post Petitions against Uttarakhand UCC draw attention to Constitutional issues regarding personal autonomy and minority rights appeared first on SabrangIndia.

The appeal focuses attention on a recent incident in Chhattisgarh where Kunika Kashyap, a six-month pregnant Tribal woman, suffered a miscarriage after being attacked for her Christian faith. The incident occurred on January 2, 2025, when she was assaulted by the village headman and his family members for praying for a sick relative.

The letter documents numerous cases of violence against Christian women across several states:

• In Chhattisgarh: Multiple incidents of physical violence, including killings and false accusations leading to judicial remand
• In Jharkhand: Cases of ostracism, isolation, and forced religious conversions
• In Manipur: Ongoing crisis since May 2023, with documented cases of murder, sexual violence, and displacement
• In Punjab and Tamil Nadu: Reports of forced sex work, family abuse, and community ostracism

The appeal emphasizes that these attacks represent a deliberate campaign of persecution that threatens both religious freedom and constitutional rights. The signatories have requested the President’s intervention to ensure:

• Prompt investigation of all reported cases
• Protection for vulnerable Christian women
• Action against perpetrators
• Implementation of constitutional safeguards

Prominent signatories include Mrs. Tingneviah Lotzem, Virginia Saldanha (Indian Women Theologians’ Forum), Dr. Anitha Chettiar (Institute of Social Service), Dr. Vandana Benjamin (National Women’s President, Alpha Omega Christian Mahasangh), Fr. Cedric Prakash SJ (Human Rights and Peace Activist/Writer), Dr. John Dayal (Former Member, Prime Minister National Integration Council), Rev. Dr. Richard Howell (Chairman, Evangelical Church of God), Bishop Akhilesh Edgar (General Secretary, Council of Evangelical Churches in India), and Rev. Vijayesh Lal (General Secretary, Evangelical Fellowship of India), among other distinguished leaders. The appeal has been endorsed by over 460 Christian leaders, community members, and civil society representatives from across the nation.

“These systematic attacks demonstrate an alarming pattern of targeted violence that threatens our community’s existence. This cannot be dismissed as merely an ethnic conflict – the coordinated destruction of religious institutions and organized attacks on Christians reveals a deliberate campaign of persecution that strikes at the heart of our constitutional guarantees of religious freedom,” the appeal states.

Related:

Christians face escalating attacks as far-right Hindu groups intensify persecution

Tensions rise as Chhattisgarh sees frequent attacks on Christians

United Christian Forum: Average two Christians attacked in India every day, 287 incidents reported from UP itself

The post Persecution of Christians: Women leaders appeal to President Murmu appeared first on SabrangIndia.

Despite comprising a significant portion of India’s population, Muslims continue to be side-lined in various aspects of national life. Their democratic representation, share in government employment, and inclusion in decision-making processes are all disproportionately low compared to other religious groups. India, a country founded on the principle of Vasudhaiva Kutumbakam—”The world is one family”—has seen its Muslim population increasingly alienated, becoming the ‘black sheep’ of this family.

Rising Polarisation and the threat of majoritarianism

The rising tide of polarisation in India has created an environment where Muslims are often targets of discrimination and hate. Recently, Justice Srishananda of the Karnataka High Court made headlines when he referred to a locality in Bengaluru as “Pakistan,” simply due to its predominantly Muslim population. Such remarks, especially from someone holding a constitutional position, raise serious concerns about the impartiality of the judicial system. A judge with inherent biases against a community cannot be expected to dispense justice fairly, especially when those individuals face legal challenges. This not only undermines the trust in the judiciary but also jeopardises its integrity.

In a speech delivered by J. Sekhar Kumar Yadav during a VHP event, he declared that India should function only according to the “majority”—the Hindu community. He also used derogatory terms like “kathmulla” to refer to a section of Muslims, disparaging their religious practices. Such rhetoric plays a dangerous role in normalising hate and deepening societal divisions.

Polarisation is evident not only on the streets but even in the chambers of government. Prime Minister Narendra Modi’s reference to Muslims as “ghuspathiya” (infiltrators) and his statement that “Those who are creating violence can be identified by their clothes” reflects a deep-seated animosity towards the community. These inflammatory statements contribute to a culture of intolerance, further marginalizing Muslims in Indian society.

The Discrimination Muslims face

The systematic discrimination faced by Muslims in India has become all too visible. According to reports, 75% of hate speech incidents occur in BJP-ruled states, with 36% directly inciting violence against Muslims and 25% targeting Muslim places of worship. Approximately 46% of these incidents are organized by the RSS, while 15% are perpetrated by BJP leaders. The increase in hate crimes, particularly lynchings targeting Muslims, paints a bleak picture of the societal climate.

The imposition of a single culture, language, and religion by right-wing groups, what has been termed ‘Hinduisation’ or ‘Saffronisation’, has only exacerbated the situation. Muslims are frequently subjected to public humiliation, including being forced to chant religious slogans like “Jai Shree Ram” or “Vande Mataram,” under threat of violence. This not only violates their religious freedoms but also highlights the growing intolerance in India’s public life.

Ghettoization of Muslims: social, political, and religious marginalisation

As political, social, and religious ghettoization takes hold, Muslims have been pushed into isolated communities. As scholars Gayer and Jaffrelot have noted, Muslim-majority neighbourhoods have increasingly come to be referred to as “Muslim ghettos,” a term that underscores the growing segregation of Muslims in India. This process of ghettoization is reflected not only in their physical isolation but also in their lack of access to basic amenities like infrastructure, water, sanitation, and education.

Muslims who attempt to migrate to better areas often face discrimination in the housing market. A woman from Bengaluru revealed on social media that she was denied a rental home solely because of her Muslim identity. She expressed, “It’s ironic that I’m struggling to find a ‘home’ in my own country.” This is not an isolated incident. Similar discrimination is reported across India, from Gujarat to Maharashtra and Delhi. The barriers to mobility for Muslims—both social and economic—are stark, as they are often prevented from settling in more prosperous areas.

The community has also been unjustly scapegoated during moments of crisis. During the COVID-19 pandemic, members of the Tablighi Jamaat were unfairly blamed for spreading the virus. They were labelled as “corona criminals” and “corona jihadis,” leading to calls for boycotts of Muslim vendors and the relocation of their businesses. Similarly, during the Kawar Yatra, many Muslim vendors were forcibly displaced.

Identity- based violence

Identity-based violence has become disturbingly normalized. One such incident occurred when a CRPF officer killed three Muslim men on a train, simply because of their religious identity. The officer reportedly said, “If you want to live in Hindustan, I am telling you, it’s only Modi and Yogi.” This justification of violence based on communal identity is a growing concern in a country that prides itself on its democratic values.

Muslim girls in India have faced protests and harassment for wearing the hijab. During protests in Karnataka, Hindu students appeared in large numbers with saffron scarves, targeting their Muslim peers and trying to humiliate them for their religious practices. Such incidents underscore the rising intolerance in educational institutions, and it becomes impossible for Muslims to expect justice from a system where judges like Justice Srishananda preside.

A disturbing trend emerged when an app called Bulli Bai was used to auction Muslim women online. This incident exposed the vulnerability of Muslim women to digital harassment, with many being targeted because of their religious identity.

Economic discrimination and exclusion

Muslims face significant economic challenges, both in terms of employment and entrepreneurship. The “India Discrimination Report 2022” by Oxfam India revealed that urban Muslims face 68.3% discrimination in employment, up from 59% in 2004-05. Non-Muslims earn, on average, 49% more than Muslims in regular employment. Self-employed non-Muslims also earn significantly more than their Muslim counterparts. Despite their overrepresentation in urban self-employment, Muslims face a disproportionate wage gap and limited opportunities for economic advancement. Moreover, only 2.67% of executives in BSE 500 companies are Muslims, highlighting their underrepresentation in corporate leadership.

International criticism and India’s response

While India’s government is vocal about defending the rights of Hindus in countries like Bangladesh and Pakistan, it is quick to dismiss international criticism regarding its treatment of minorities. The Ministry of External Affairs routinely responds to questions about minority rights in India by warning foreign nations and human rights organizations not to interfere in its internal affairs. This defensive stance reflects a lack of accountability for the systemic discrimination faced by Muslims and other minority communities.

A call for reflection

Sardar Patel, in the Constituent Assembly, highlighted the responsibility of the majority to ensure the protection of minorities. He argued that the minority’s survival in India depended on the majority’s willingness to abandon discriminatory practices. DR. B.R. Ambedkar also warned that minorities could become an explosive force if their rights were not protected. Today, the question remains: Have we as a society truly reflected on what it means to be a Muslim in India?

The silence around this issue is deafening. The time has come for the majority to recognize the discrimination faced by Muslims and take meaningful action to uphold the principles of democracy, justice, and equality that India was founded upon. Until then, the question of whether Muslims will continue to exist as an integral part of India’s social fabric remains unanswered.

(The authors are fourth-year B.A.LL.B. students at the Faculty of Law, Aligarh Muslim University, Aligarh)

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

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Majoritarian agenda & Indian Muslims 

Persecuting Indian Muslims for crimes of ‘Muslim’ rulers

The post The Steady Marginalisation of Indian Muslims appeared first on SabrangIndia.

Citizens for Justice and Peace (CJP), which has long acted as a safeguarding organisation of human rights of the citizens of India, is the lead petitioner in the writ petitions, filed in January 2021, challenging anti–conversion laws of various states such as Uttar Pradesh, Uttarakhand, Madhya Pradesh and Himachal Pradesh. Subsequently in additional petitions, anti-conversion laws of Chattisgarh, Gujarat, Haryana, Jharkhand and Karnataka have also been challenged. The draconian laws have been challenged on various grounds such as for violating right to personal liberty and autonomy, right to freedom of speech and expression, right to privacy, freedom of faith, right against discrimination.

CJP has also explored the illusive concept of “love jihad” which is a sectarian concept and against the principles of pluralism and secularism adopted by India. The petition also challenges the law on the grounds of being anti–women and discriminatory against women, as it takes away the agency of women for making decisions of their own lives.

Content of the legislation

The Rajasthan government recently enacted the Prohibition of Unlawful Conversion of Religion Bill 2024, which aims to stop forced religious conversions and has sparked a lot of debate. Despite the bill’s claimed goal of preventing coerced religious conversion, its harsh provisions—such as 10-year prison sentences and penalties of up to 50,000—raise fundamental questions regarding individual liberties and the possibility of abuse. Critics contend that by targeting particular communities under the pretence of preventing forced conversions, such law not only violates individual liberty but also runs the risk of widening communal disparities. The Bill is available on the website of the Rajasthan Legislative Assembly.

Important Provisions

According to the Bill, religious conversion by compulsion, force, allurement, or deception is primarily considered prohibited. Allurements may include money, material rewards, employment, free education, etc.

As per the Bill, the individual who “caused” the conversion have the duty of proving that the religious conversion was not achieved by fraud, coercion, undue influence, allurement, or any other fraudulent means or methods.

The assumption of innocence principle, which often applies to the accused in a criminal proceeding, is being reversed here.

The offences covered by this Bill are classified as cognisable and non-bailable, which means that the accused may be arrested without a warrant and that obtaining bail may be difficult. Concerns regarding the possibility of misuse and the violation of individual liberties are raised by this classification.

The draft suggests harsh punishments for illegal conversions, such as fines of up to ₹50,000 and jail time of one to ten years. In particular, converting women, children, or members of Scheduled Castes and Scheduled Tribes can lead to a fine of ₹25,000 and two to ten years in prison. The penalty rises to three to ten years of imprisonment and a fine of ₹50,000 for mass conversions. Repeat offenders would be punished no more than twice the legal penalty for each additional offence. Concerns regarding possible abuse and the targeting of particular communities have been raised due to such severe penalties.

The Bill also includes “conversion by solemnisation of marriage or relationship in the nature of marriage,” in its list of offences.

The Bill states that “Any marriage done for sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself/herself before or after marriage, or by converting the woman before or after marriage, shall be declared void by the Family Court or where Family Court is not established, the Court having jurisdiction to try such case on a petition presented by either party.”

As per the Bill, blood relatives have the power to lodge an FIR in a suspected case. It says that, “Any aggrieved person, his/her parents, brother, sister, or any other person who is related to him/her by blood, marriage or adoption may lodge a FIR”.

Authorities are shielded from prosecution or other legal actions for any actions conducted in accordance with the proposed law by Section 13 of the Bill, which is titled “Protection of action taken in good faith.”

The Bill states that “No suit, prosecution, or other legal proceedings shall lie against any authority or officer for anything done in good faith or intended to be done, or purported to be done, or omitted to be done in pursuance of this Act, or any rule or order made thereunder.”

There have been various instances in recent years where members of disadvantaged communities have been wrongfully accused of converting individuals and then acquitted by the courts.

While the Bill protects government officials from potential legal action, it does little to stop instances in which innocent people are targeted after being falsely accused of illegal conversion.

Voluntary conversions

The Bill provides an exhaustive procedure to be followed by individuals who wish to voluntarily convert to another religion.

Individuals who wish to convert to another religion must apply to the district magistrate (DM) at least 60 days before the conversion; failure to do so can result in a minimum fine of Rs 10,000 and a maximum sentence of three years in prison.

Subsequently, the “convertor,” or the one conducting the conversion ceremony, would notify the DM one month in advance via a designated form; failure to do so would result in a minimum punishment of Rs 25,000 and a maximum penalty of five years in prison.

An officer not below the rank of Additional DM will then “have an inquiry conducted through police with regard to the real intention, purpose, and cause of the proposed religious conversion.”

Within 60 days of conversion, the converted individual must submit a declaration to the DM in the required format. Until the date of confirmation, a copy of the declaration must be posted on the DM’s office notice board.

The convert’s date of birth, permanent or current address, father’s or husband’s name, religion before and after conversion, conversion date and location, and other details will be included in this declaration. In order to prove their identification and validate the information in the statement, the convert must then appear before the DM within 21 days of the declaration being filed.

Requirement of the Bill

According to the Bill’s statement of reason, while the constitution guarantees everyone the fundamental right to profess, practise, or propagate their religion, the freedom of conscience and religion cannot be interpreted as a collective right to proselytise; the right to religious freedom is equally applicable to the person seeking conversion as it is to the person converting.

The statement of reasons says that “However, in the recent past many such examples have come to light where gullible persons have been converted from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by fraudulent means. The law related to right to religious freedom already exists in various States of the country but there was no statute on the said subject in Rajasthan.” It further add that “In view of the above, it was decided to enact a law to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or fraudulent means or by marriage and for matters connected therewith or incidental thereto.”

Ghanshyam Tiwari, a legislator for the ruling Bharatiya Janata Party (BJP), commended Chief Minister Bhajan Lal Sharma for his “historic decision” to crack down on religious conversions and “love jihad,” a phrase used by right-wing groups to refer to a purported Muslim plot to court Hindu women. The phrase is not recognised by the Union government or courts.

The issue of “love-jihad” and the myth surrounding forced conversions has been discussed in depth in an article published by CJP.

Concerns raised by the Bill

While the Bill proposes to be aimed at preventing forced conversions, various concerns have been raised as the Bill may infringe upon the Fundamental Rights and has a vast potential for misuse.

Article 25 of the Indian Constitution, which protects people’s freedom to openly profess, practise, and propagate their religion, is allegedly violated by the law, according to critics. It is believed that the necessary advance warning and post-conversion statement requirements constitute excessive government meddling in private religious choices.

There are concerns that the bill can be abused to target religious minorities and stifle peaceful religious expression. It has been reported that similar laws have been used in other jurisdictions to harass minority communities while claiming that they are preventing forced conversions.

The requirement that people inform authorities of their intention to convert is seen as a breach of their right to privacy and their freedom. Critics have argued that these clauses might discourage people from exercising their freedom to freely choose and convert to a different religion.

Further, those suspected of unlawful conversion are given the burden of proving their innocence under the bill, which goes against the legal doctrine of “innocent until proven guilty.” This change may result in legal abuse and erroneous convictions.

Authorities that operate “in good faith” under the statute are granted immunity under Section 13 of the bill. Critics contend that the authorities may act without any concerns of consequence because they are protected from legal action, this clause may result in the persecution of innocent people.

Furthermore, the bill gives family courts the authority to deem marriages void if it turns out that they were performed with the intention of committing an illegal conversion. This clause has drawn criticism for presumably violating people’s right to marry and choosing their own religion.

What is the reality of Religious Conversions in India?

While the right–wing government is attempting to introduce legislation governing religious conversions, an important question arises regarding the reality of religious conversions and the threat posed by the same. Is religious conversion a serious issue which requires implementation of a law that could potentially violate fundamental rights, or is it just a Trojan horse being used by the Government to fulfil hidden sinister agendas under the garb of protecting “gullible persons.”

In 2021, the Pew Research Centre released a report titled Religious Composition of India. The Report dealt with the changing religious composition of India and the causes of religious change.

According to the Report, 99% of persons who claim to have been raised as Hindus still identify as such. 97% of those who were raised as Muslims remain Muslims. Additionally, 94% of Indians who grew up as Christians remain Christians. Furthermore, people who change their religions often balance each other out. For instance, of all Indian adults, 0.7% were raised as Hindus but do not identify as such at the moment, while 0.8% were raised outside of the religion but are now Hindu.

Additionally, interfaith marriage is highly uncommon. 99% of married Hindus, 98% of married Muslims, and 95% of married Christians report having a spouse who shares their beliefs, according to the same survey. 92% of Christians and comparable percentages of Muslims and Hindus claim that their spouse was brought up in their present faith.

These findings raise questions about the true intentions of anti-conversion laws and the threat posed by forceful conversions. The false sense of insecurity regarding religion created by right–wing extremists has served merely as a fuel to fan the flames of religious disparities in India.

Conclusion

While the Rajasthan Prohibition of Unlawful Conversion of Religion Bill, 2025, purports to prevent forced conversions, it actually poses the risk of violating the fundamental rights provided in the Constitution of India. The law fosters an atmosphere that is conducive to abuse by giving officials broad immunity, imposing undue procedural limits on voluntary conversions, and transferring the burden of proof to the accused. It exerts state control over individual faith choices rather than defending religious freedom, disproportionately harming interfaith couples and religious minorities.

Furthermore, the narrative of widespread forced conversions is not supported by empirical data, which raises questions about whether such legislation is merely political ploys rather than providing true protection. In other states, similar legislations have already resulted in increased communal divisions, harassment, and false allegations. Laws such as this divert attention and are a means of policing individual liberty rather than tackling actual socio-economic problems. The government must concentrate on establishing legislative protections that forbid coercion without violating individual liberties if the goal is really to uphold individual rights. Otherwise, this law remains yet another step towards eroding India’s secular and pluralistic fabric.

(The legal research team of CJP consists of lawyers and interns; this community resource has been worked on by Yukta Adha)

Related:

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CJP’s Love Jihad Petition: SC issues notice to UP and Uttarakhand

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RightsCast: How India’s anti-conversion Laws are linked to the weaponization of the state administration

Curbing Freedom of Faith: India’s Anti-Conversion laws

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The post Are Indian anti-conversion laws targeting minorities or protecting the vulnerable? appeared first on SabrangIndia.

It was during tea with Zakia appa – where she tussled with her daughter-in-law about how many biscuits she could have – or the little meals we shared, where she would just hold my hand and stroke it, reaching out with empathy and mutual support. These are the memories that coming rushing back. It is as if we both knew and felt the enormity of the task we had jointly undertaken.

When we look back and take stock of the steely support from Tanveer bhai, Duraiappa (Durreshwar), Nargis, Najid bhai, the family and, not to forget, the dedicated team at Citizens for Justice and Peace (CJP), we couldn’t have known where it would lead – to some cracks in the otherwise hostile and unbreachable walls of accountability and justice? Or a cold rejection of a simple, hitherto unique plea –acknowledgement of the role of state actors as a murderous mob roamed unchecked for days?

February 28, 2002

I had first walked in alone into the charred remains of the Gulbarg society on March 4, 2002, armed with a small tape recorder and a notebook. Shards of broken glass bottles, tiny vials and their lids dotted the ground as I trudged across the eerie expanse where embers still burned.

No fire-brigade had come to its aid either on February 28 or at any point since then. I made my way to house number 19, Ahsan Jafri’s iconic home, heavy with the knowledge of what we knew until then of the man, his family, neighbours and his brutal death.

The home was no home any more, reduced to a haunting shell. It was bleak. Walls blackened with soot of the intense burning caused by flung gas cylinders. Fans gutted, gnarled and twisted. Miraculously, I found a signed postcard stamped with Jafri Sahab’s name, a diya-swastika and ‘Happy Diwali’ message written on it, on the stairwell – my precious memento of that first of dozens of visits.

A purple-pink bougainvillea that still lends defiant colour to the sombre ruins hung that day with barely surviving leaves and some overhanging blossoms. It had survived hours of mass arson. How could the flowers live on after the hell of February 28, 2002, I remember asking myself in some bewilderment.

Ironically, Zakia appa had spent that night of February 28 in the premises of the Shahibaug police station barely two kms away from the Gulbarg society in Chamanpura. She was alone. Only the next day was she shifted to the home of some distant relatives where she met her son Tanveer Jafri two days later.

Chamanpura falls under the Meghaninagar police station. Traumatised and shaken by the events that she witnessed from the terrace of her home, she was unable to sleep, full of anguished questions to which she had to find answers. Zakia appa has recounted that night to me several times over the years.  She had spent the night haunted by cries and screams of a gory bloodshed – in the midst of the very same force who she saw had let her people down.

Eighty-six years, the day before yesterday, when she left us, Zakia appa was 63 in 2002, no age to hear the cries she did, no age to witness what her eyes could not turn away from. Over 69 persons were killed in cold blood that day as a 15,000-strong mob began attacking residents at 11 in the morning. No police help arrived till 6 pm.

Late that night, in the precincts of the Shahibaug police lines, she found several policemen present in their homes on the compound. Perplexed, her simple query to them was, “Why did you not come to my husband, my society, our neighbour’s rescue beta? We made so many calls” she asked. “We were given the day off,” one police officer casually replied.

This reply by one of them has gnawed at her, since. On June 18, 2009, six years later, she recounted this to the Special Investigation Team (SIT) appointed by the Supreme Court. In her official statement, she said “…No police turned up and the police came only at six in the evening and I was taken to Shahibaug police line. I saw that the police staff were present at home. They told me that they were not called for duty today (that day).”

Who was Ahsan Jafri?

Zakia appa’s husband of several decades, father of their three children, Tanveer, Nargis and Zubair had been the sole target of the mob. He was 72 when he was killed. Formerly with the Communist Party of India (CPI), he was later the city chief of the Indian National Congress in Ahmedabad, and a formerly elected member of parliament. Ahsan Jafri was a lawyer, thinker and poet.

If the ‘Happy Diwali’ postcard I had found offered a glimpse of the man – whose name soars above and beyond the hatred that was unleashed on the streets of Gujarat in 2002 – then Zakia appa’s moistened eyes, quivering smile and warm hands, Tanveer’s stoic clarity amidst pain and Nargis’ powerful articulations over two decades have actualised Jafri’s inviolable moral core and persona. In the Jafris’ resolve to calmly demand accountability from the high and mighty, Zakia appa, Tanveer and Nargis have always echoed Ahsan sahab’s deeply ingrained beliefs, his credo.

I first met Tanveer through his uncle in early March 2002. It had been Tanveer’s task to hold and help his mother heal even as he went back to Gulbarg society, his childhood home, around March 4. He had rushed to Ahmedabad from Surat where he resided. It was Tanveer who lovingly collected the remains of Ahsan sahab from outside their home, more from the Civil Hospital, Ahmedabad and laid his father to some peace and rest.

Zakia appa now lies there with her husband, friend and guide, after she had come as a young bride to Ahmedabad from Burhanpur, Madhya Pradesh. Though there had been nothing peaceful about Jafri’s passing. The utterly stoic and adamant refusal of the Jafris to let go of their belief in the India that Ahsan sahab lived and died for, is special and rare.

Zakia appa and the Jafris turned their back on any bitterness born out of the realisation that even their neighbours had joined the mob on February 28. This is what made Zakia appa stand out with her children, as the stellar human rights defender she was.

She inspired millions, including us, and if there is some consolation today, 22 years after the massacre, it lies in the fact that a complicit media has had no choice but to reflect this in the coverage of her demise. For me personally, as a fellow human rights worker who has stood by the Jafri’s through every legal battle since February 28, 2002 – notwithstanding what it cost me personally and our team at CJP – it has been a rare privilege to embark on this unique journey.

Quiet dignity

Zakia appa had been a young mother, and Tanveer just six years of age, in September 1969, when Gujarat experienced the worst communal violence that the country had seen since Partition. Ahmedabad was the most acutely affected epicentre of the statewide violence.

A vast majority of the nearly 500 persons killed then were also Muslims. Ahsan Jafri lived in Dr Gandhini chawl, a tenement near Gulbarg society with his parents and family. He had already registered the Gulbarg society earlier in 1961 and it was under construction.

As the violence spread, young Tanveer watched in horror as Aiyub bhai’s shop was burned down. Why was this happening, they asked? Soon, there was no time for more questions, they just had to flee. Returning home in panic, Jafri sahab guided his family as they ran two-and-a-half kms down a railway track – the Asarva Udaipur railway line – past the rail crossing. There, some SRP vans came to their rescue and they were taken inside the Relief Camp located inside the police stadium at the same Shahibaug location where Zakia appa was to spend that fateful night of February 28, 2002, 33 years later.

Tanveer remembers playing out in the open and queuing up for tea which they drank in brightly coloured plastic glasses, a novelty at the time. “We lived there for a month, then for another month inside Ubair Shaikh’s Dunlop agency-cycle shop and after that moved into the barely constructed House No. 19 of Gulbarg society. There were no doors and windows, we used sheets to cover sight and sound. Despite this displacement and tragedy, even the fact that all our belongings had been burned and destroyed, Abba just did not let this mean anything to us, did not allow this loss to eat at us,” Tanveer recalls.

“How we lived, how he lived (Ahsan sahab) after the 1969 displacement, is how we have tried to regroup ourselves and live after the unforgettable tragedy of 2002,” says Tanveer. “Dangai hamaaree soch nahin badal sakte hai. Agar aisa hoga to dangaeeon kee jeet hai. Hamaara nuksaan hamen badal nahin sakta. (Rioters cannot change our way of thinking. If that happens, they win. Our losses cannot change us.) They cannot change our choices, the way we are or how we we think. It is this conviction that has ensured that the tragedy of 2002 does not change us,” he adds.

This profound resolve and dignity in the face of unspeakable loss is what epitomises Zakia appa and her family. It is this dignity that she brought to her battle for justice and accountability.

22 years in grief

Zakia appa lived for 22 years after her husband’s brutal killing in deep personal grief, battling sleepless nights and guilt – the guilt of surviving. Her beloved Ahsan sahab had sent her to the top storey of her home to safety, where dozens with her were saved, while many others perished. Those who stood by Ahsan till he finally gave himself up to the mob, just after he said his last prayer, were witness to his calm fortitude, his determined and desperate efforts to make calls (including to the high and mighty) and even his willingness to offer himself to the mob if other lives could be saved.

For the blood-thirsty and determined mob, that was not to be. Apart from the particularly brute way of his killing, young women were subject to gendered violence. To repeat, 69 persons lost their lives at just one location in Gujarat that day. The total number of the post Godhra killings – if we peruse official charge sheets – is close to 2,000.

Zakia appa’s guilt of being alive is evident in an unrelated incident that Nargis recounted in a letter, ‘Bless Us Abba’, in 2016.

“Ammi is never tired of recounting the incident when in the bedroom of your old house while you were sleeping, the small kerosene lamp on the side of the bed fell off and the curtain caught fire. You were sleeping on the side of the fire and Ammi was next to you. As the heat woke you up and you saw the fire, instead of jumping out of the bed immediately, you first woke Ammi up and asked her to get to safety. But when she woke up and saw the fire, she thinks she quickly jumped out of bed and ran to the door without even knowing where you were or what you were trying to tell her. It is more than 40 years since, but she still remembers and regrets that incident and feels guilty of putting herself first that day and not grabbing your hand as she ran to the door.”

I met Nargis for the first time in 2002 in the United States, as I deposed before the International Commission on Religious Freedom. I had that copy of Communalism Combat with me, a testimony of all the eye-witness accounts and FIRs. With swollen eyes, this young woman had only one question to ask me, was the killing of her darling Abba as brutal as she had heard? Lowering my head in shame, I half shook, half nodded, trying to conceal both the documents and facts. It was not to be.

Bearing witness carries an unbearable load. I have often wondered, even as Nargis and I spoke, laughed and squabbled over the years, “Has she ever forgiven me?”

On Saturday (February 1), as I stood inside Saraspur Roza in Ahmedabad, Nargis said, as she held my hand, “She is free now, my Ma. Free of the pain.” Then together we cried.

Journey for justice

Mass media, especially one that has become fearful and complicit, is selective in its coverage and often responsible for erasure of history. But Zakia Appa and Ahsan sahab’s sheer moral worth and the grit of her battle just could not be ignored. This is evidenced from the vast coverage of her demise. But what of the fact that the same coverage is de-fanged and de-contextualised? Especially when it chooses to ignore the venality of the state and the attempted decimation of a principled legal battle. From the start, attempts were made to dilute and erase the scale of the violence, not just across Gujarat after Godhra in 2002, but especially the targeted violence at the Gulberg Society and against Ahsan Jafri on February 28, 2002.

The journey for justice and accountability for the survivors of 2002 has seen its up and downs and as I take stock two days after Zakia appa left us, I wonder if  the glass half empty or half full? Was it all worth it? In all, we, at CJP,  collectively managed 172 convictions, 124 to life imprisonment. Never mind that higher courts often reversed decisions. On principle, we stood against death penalty.

Evidence of state complicity, absence of fire brigades and police response, documentary evidence on intelligence and police control records, was ignored by investigating agencies, and unfortunately, even our courts. Yet, the exemplary efforts put in by our band of dedicated human rights workers and lawyers, we managed to put all this substantive investigations on public record, all this evidence for history to judge.

While the Zakia Jafri case has seen its end, the trial in the Gulbarg society massacre is pending appeal in the Gujarat high court. On June 17, 2016, the trial court judge had convicted 11 persons to life while 13 other accused received sentences up to ten years. All charges of conspiracy were rejected, as was the evidence of three police witnesses, fire brigade records and those from the police control room. As Tanveer, in his own special way says it, “Victory in the courts is only half the story. In the annals of people’s recall and history, that we fought, that Ahsan sahab and Zakia appa are an inspiration to millions, that our collective battle has given others the confidence to fight; that we could through CJP put all this wealth of evidentiary material on record, that is our victory.”

In sum, as I said in tribute to Zakia appa, the day before yesterday, “You graced the courts, our homes and hearts. You did so with unwavering fortitude. Theirs is the loss who could not recognise the scale and magnitude of the loss for just what it was.” For the Jaffris and us, at CJP, who handed over 68 cases concerning the Gujarat carnage, despite all efforts, the state has never fully succeeded in curtailing some substantive successes of the wider battle.

As a footnote, I would like to record here what Zakia Appa, Tanveer, and I often discussed over the years: how high the costs have been, especially for some. For us at CJP, the stellar legal aid provided by our teams epitomises a constitutional right under Article 39-A, and at significant cost, we undertook this battle. Our trustees stood in staunch support. Alongside a committed group of High Court and Supreme Court counsel, we owe a special debt to advocate Suhel Tirmizi of the Gujarat High Court. His sacrifice, commitment, and services were invaluable – not only in being the guiding force behind setting up multiple legal teams of senior and junior lawyers to handle various trials, but specifically in the Zakia Jafri case. From 2006 to 2011, when the case first reached the Supreme Court, his contribution has been immense, and the personal costs he paid, heavy. We pay our tributes to him. There are too many lawyers – at the trial court, High Court, and Supreme Court – to mention here, but their efforts have been equally vital.

I end with this powerful poem penned by Farahdeen Khan and sent to be my dear friend Rukmini, who recognised how personal this loss was for me.

The Betrayal of Fire

She stood, a woman forged in the furnace of grief,

a widow not of one, but of a thousand souls,

each name etched in ash, in silence, in the acrid smoke

that curled from the pyres of justice undone.

Zakia, they left you among ruins, among bones

that the earth itself shuddered to cradle.

They call this nation a mother, but what mother devours

her daughters and spits their bones to the wind?

The gavel did not fall—it was hurled,

a cudgel masquerading as law.

Each robed man who turned his back

added another brick to the mausoleum of truth.

And what of the one who stood beside her?

Teesta, shackled for daring to bear witness,

for daring to say what history chokes on,

for dragging the carcass of conscience into the light.

What price for remembrance, for defiance?

A cell, a charge, a silence enforced—

For in this land, to fight for the fallen

is to fall yourself, and fall alone.

Tell me, you who avert your gaze—

what use is your silk, your scented wealth,

when the very soil beneath your feet

stinks of the unburied dead?

You recoil now, do you not?

Once, you drank with me, laughed with me,

shared in the hollow spoils of comfort.

But truth is a bitter draught, and you spit it out.

Yet I will stand, though my voice be drowned

by the thunder of cowardice and complicity.

For to be silent is to wield the knife,

to be neutral is to be an accomplice.

And so, when the reckoning comes—

not in the courts of men, but in the halls of time—

she will rise, they will rise,

and those who failed them will find no name to call their own.

Teesta Setalvad is a rights activist and journalist.

This article was first published on The Wire

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Constructions such as 250 residences, one dargah, and nine mazars have been demolished. As per the Dwarka Superintendent of Police Nitesh Pandey, the structures were majorly “religious” or “commercial”, as reported by the Indian Express. More than seven islands of the Dwarka district have been freed from the illegal encroachments as part of the ongoing demolition drive in Dwarka. 

The Home Minister of Gujarat, Harsh Sanghvi shared a post on X, announcing the success of the demolition drive. He also shared aerial footage sharing the post demolition status of the cleared lands on the 7 islands that are 100% free from encroachments. He appreciated the coordinated efforts of the administration and the law enforcement authorities in the demolition drive by stating that “The historic bulldozer operation in Devbhumi Dwarka has yielded significant results.”

Targeting of minorities under pretext of removing illegal encroachments

While the demolition drive has proceeded peacefully, there have been concerns that have been raised that the Muslim minority of the region have been targeted unfairly and that the removal of encroachments has not followed the due procedure of law. The Gujarat Minority Coordination Committee wrote a letter to the chief minister Bhupendra Patel, requesting him to stop the “discrimination against the community.” The letter signed by Mujahid Nafees, convener of the Minority Coordination Committee also stated that “there should be no discrimination between Hindus and Muslims in the clearing of encroachments.”

The above allegations have been denied by the Superintendent of Police of Jamnagar, Premsukh Delu, stating that the Pirotan island is very sensitive due to its location. He claimed that “From a national security perspective, this island is critical due to its proximity to the international waters. Production facilities of Reliance Industries, Gujarat State Fertilisers and Chemicals Limited and Nayara Energy are located in Jamnagar, besides air force and navy base stations.” He further added that “There are concerns of narcotics landing here from international waters,” as reported by India Today.

Flouting of Supreme Court guidelines regarding issuance of notice before demolition

Local authorities have emphasized that proper and timely notices were issued before the demolition of the unauthorized constructions was carried out. They have claimed that legal action was only initiated after the expiration of the deadlines. 

While the authorities have claimed that the demolition drive has been conducted as per rules and regulations, the locals have contended that the first notice was issued to them on January 3, and the second notice was issued on January 7 for furnishing documents of their properties. Public hearings were conducted on January 8 and 9, and the demolitions began on January 10. They have argued that the given time is very little for people inhabiting these properties for furnishing their documents and presenting their case. 

It must be noted that, in 2022, the Supreme Court laid down guidelines with regards to demolition of structures, whereby the Court mandated that no demolition must be carried out without a service of notice, and within time provided by the local municipal laws or a period of 15 days from the date of the service of the said notice. A bench headed by Justices BR Gavai and KV Vishwanathan also said that “If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law.”

It can be seen here the local authorities have demolished the encroachments without providing proper notice and time for the people to present their case and challenge the demolition or to manage their affairs before the demolition is to take place.

Displaced locals left in distress

While the authorities have claimed that proper notices were issued, multiple locals have stated that they received little to no warning before the demolition took place. People were seen in distress as their homes were being destroyed while they desperately attempted to salvage their belongings.

Multiple critics have also claimed that the real motive behind the demolition drive in Dwarka, Gujarat seems like an attempt to clear out the Muslim community under the garb of environment protection. While the Government has made claims to provide compensation for the displaced families, many locals feel uncertain about their future, as reported by Kashmir Media Service News.

The Social Democratic Party of India has also commended the demolition drive and stated that “no need to say that Muslim places of worship and Muslim monuments are inevitably the target.”  

Demolition drive in Dwarka: Part of a larger scale demolitions across Gujarat

In a series of similar actions that started in October, 2022, the demolition drive in Dwarka, Gujarat is the latest. Illegal residences, 9 mosques and shrines in the coastal areas surrounding the Gir Somnath temple in late 2020. In Junagarh, a dargah and a temple encroaching on the government land were demolished in March, 2024. Similar drives followed in Kutch and Porbandar to allegedly free coastal areas of illegal structures and allow the police to regulate unauthorized movement in the region for national security and recent increase in the narcotics trade.

The increase in the frequency of such demolition drives and their supposedly accidental target towards the minority Muslim population raises serious concerns regarding the true intention behind such drives and if they really are for protecting national security and national interests. While the authorities have claimed that the removal of encroachments in Dwarka has been via due process of law, the locals seem to not have been given proper opportunity to present their case and there has been no action on behalf of the Government to rehabilitate or compensate the displaced families and people. These arbitrary actions seriously violate the human rights of the people.

Related:

Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions

Spewing hate, slurring Muslims: an unchecked decade-long diatribe by Bharatiya Janata Party?

Supreme Court to hear urgent pleas against state-sanctioned bulldozer demolitions in Madhya Pradesh and Rajasthan

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Rising tide of cow vigilante violence

A wave of violent attacks and harassment against Muslims has unfolded across various Indian states. Cow vigilantes, under the banner of cow protection, have increasingly taken the law into their own hands, targeting Muslims accused of smuggling or slaughtering cows. These self-declared protectors of cattle have escalated their campaigns, often resorting to physical violence, harassment, and public humiliation to enforce their agenda. The perpetrators, including prominent groups like the Gau Raksha Dal and other cow-protection outfits of right-wing organizations, operate with little regard for legal processes. The victims, often Muslim individuals involved in transporting cattle or related products, face unwarranted assault and threats. These vigilantes, operating without any legal authority, frequently use firearms and engage in reckless pursuits, putting lives at risk. Their unchecked violence has become a growing concern, with reports of accidents and injuries resulting from their dangerous actions. 

Timeline of assaults and harassment from December 2024, to January, 2025: –

States

Madhya Pradesh

Location – Bhopal

Date: January 8, 2025

On January 8, 2025, cow vigilantes, accompanied by the police, apprehended a truck that was transporting cattle. The driver was immediately accused of being involved in cow smuggling, a common allegation that has led to numerous such incidents across the country. Despite no proper verification or legal process, the vigilantes physically assaulted the driver.

Haryana

Date: January 7, 2025

In a disturbing incident, members of the Gau Raksha Dal in Haryana used firearms to intercept a truck suspected of transporting cattle. They accused the drivers of smuggling cows and proceeded to seize the vehicle.

Location – Rohtak

Date: December 25

Two Muslim drivers transporting bulls in a pickup truck were accosted and harassed by cow vigilantes. The men were wrongfully accused of smuggling cattle for illegal slaughter, despite providing no evidence to support these claims. The drivers were subjected to verbal abuse, physical threats, and intimidation.

Location – Tauru, Nuh,

Date: December 18

In a similar incident, cow vigilantes in Tauru, Nuh, harassed a Muslim truck driver transporting cattle, accusing him of cow smuggling. The driver faced severe harassment and was forced to endure hostile questioning, which was rooted in religious bias rather than any evidence of illegal activity.

Location – KMP Expressway

Date: December 20

On December 20, another truck carrying cattle was stopped by cow vigilantes on the KMP Expressway. The driver was physically assaulted and accused of smuggling cows for illegal slaughter.

Assam

Location – Rangia

Date: January 9, 2025

In Rangia, Assam, members of the Rashtriya Bajrang Dal physically harassed two Muslim drivers, accusing them of smuggling cow meat. Despite presenting the necessary documentation and repeatedly stating that the meat was buffalo, the vigilantes refused to listen and continued their assault.

Chhattisgarh

Location – Raipur

Date: January 8, 2025

A raid led by Bajrang Dal members, supported by the police, took place in Raipur, Chhattisgarh, where slaughtered cattle were discovered in a house. The butchers were harassed, publicly humiliated, and forced to chant slogans demanding the execution of those involved in cow slaughter. The police also paraded the accused through the streets, forcing them to chant that killing cows is a sin.

Location – Kumhari, Durg

Date: December 28, 2025

In Durg, Chhattisgarh, on December 28, cow vigilantes assaulted truck drivers transporting cowhide. The drivers were wrongfully accused of smuggling cows, and the vigilantes used physical intimidation to enforce their accusations.

In #Chhattisgarh‘s #Durg, cow vigilantes on Dec 28, assaulted the drivers of a truck transporting cowhide, alleging them to be cow smugglers. pic.twitter.com/LtQSGAhTPF

— Hate Detector (@HateDetectors) January 3, 2025

Maharashtra

Location – Chopda, Nandurbar

Date: December 6

On December 6, a dangerous situation unfolded in Nandurbar when cow vigilantes from the Pranin Foundation recklessly pursued three vehicles transporting cattle. The chase caused one vehicle to topple, while the vigilantes seized the other two vehicles and all the cattle

Location – Ahilyanagar

Date: November 30

In a similar incident, cow vigilantes intercepted trucks transporting cattle on November 30 in Ahilyanagar. They alleged that the cattle were being taken to illegal slaughterhouses, despite no legal confirmation of such claims. These vigilante groups are increasingly stopping vehicles and seizing cattle, often without evidence or legal authority to do so.

Location – Mirajgaon, Karjat, Ahmednagar

Date: November 8

A car chase by cow vigilantes on November 8 led to a car crash in Mirajgaon, Karjat, and Ahmednagar. Cow vigilantes cause a car crash by recklessly chasing it, followed by a team photo with local police reportedly assisting in the operation

Location – Mhasane, Parner Taluka, Ahmednagar

Date: October 20, 2024

In Ahmednagar, a group of vigilantes apprehended two Muslim cattle traders transporting cattle. The men were stripped, severely beaten, and then handed over to the police. The traders’ vehicle was vandalized, and the 52 cattle they were transporting were seized and sent to a local cow shelter. This brutal assault highlights the dangers faced by minority communities, particularly those involved in cattle trade, as they are often subjected to violence without evidence of wrongdoing.

Uttar Pradesh

Location – Mathura

Date: November 26

Members of the Gau Raksha Dal, led by Sonu Hindu Palwal, seized a truck transporting cattle and assaulted the driver, accusing him of smuggling cows for illegal slaughter. They also alleged that someone fired a gun at them from another car, but managed to escape

Location – Ghaziabad

Date: November 22, 2024

Members of cow-vigilante group Mahadev Seva Sangh assaulted the drivers of a truck transporting cattle on allegations of smuggling cows

Location – Chhutmalpur, Saharanpur

Date: November 19, 2024

Members of Gau Raksha Dal surround a Muslim woman and harass her after finding her with meat, which they claim is an illegally slaughtered cow

Punjab

Location – Rajpura, Patiala

Date: November 25, 2024

Members of the Gau Raksha Dal, led by their national president Satish Kumar, harassed three men, accusing them of being cow thieves

Karnataka

Location – Dakshin Kannada

Date: November 8, 2024

Cow vigilante Puneet Kerehalli urges people to boycott Muslim businessmen and halal-certified products, and instead buy products marked with the Swastik symbol and from Hindu-owned businesses

Jammu & Kashmir

Location – Ramban

Date: October 21, 2024

Cow vigilantes assaulted a group of men for allegedly transporting cattle

Gujrat

Location – Agol Village, Mahesana

Three Muslim youth were brutally beaten by cow vigilantes while passing through Valavadi village with their cattle in Gujarat’s Mahesana.

Sahil, a resident of Agol village was along with his two friends when they were caught and assaulted

Three #Muslim youth were brutally beaten by cow vigilantes while passing through #Valavadi village with their cattle in #Gujarat‘s #Mahesana.

Sahil, a resident of #Agol village was along with his two friends when they were caught and assualted. pic.twitter.com/CxGnfb6Www

— Hate Detector (@HateDetectors) October 24, 2024

Police complicity and the mockery of justice

In a deeply troubling development, law enforcement agencies have often been complicit in these violent incidents. In several cases, police have either supported the vigilante groups or turned a blind eye, allowing them to act with impunity. For instance, in Chhattisgarh, Bajrang Dal members, backed by the police, raided a house for slaughtered cattle, humiliating the accused. Similarly, in Bhopal, Madhya Pradesh, police were present when cow vigilantes assaulted a truck driver accused of smuggling cattle. These incidents signal a disturbing trend where the state machinery fails to uphold the law, reinforcing the power of vigilantes.

Weaponising cow protection

The rise of cow vigilante violence reflects a broader ideological and political agenda that weaponises the issue of cow protection. What began as a means to protect cattle has now become a tool to target religious minorities, particularly Muslims, based on their involvement in the cattle trade. These attacks, which often occur with little to no legal repercussions, highlight the growing communal tensions in India. The increasing involvement of police in protecting or supporting these groups exacerbates the situation, further entrenching the sense of fear and insecurity among vulnerable communities.

Violence spreads from rural to urban areas

This trend is not confined to rural areas but has spread to urban centres, where vigilantes increasingly accuse individuals of smuggling cattle or engaging in illegal slaughter. In many cases, there is no credible evidence to support these claims. Instead, the accusations seem rooted in religious bias and have led to widespread intimidation and violence. As a result, Muslim communities, particularly those involved in the cattle trade, are being subjected to escalating threats and physical harm.

A map showing the cow vigilantism across India may be viewed here.

Related:

November 2024 Surge in Cow Vigilantism: Rising Violence and Legal Apathy in North India

Sambhal’s darkest hour: 5 dead, scores injured in Mosque survey violence as UP police face allegations of excessive force

Uttarakhand High Court orders security, condemns hate speech over Uttarkashi Mosque

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Take Fatima Sheikh, India’s first Muslim woman teacher. Her life and work alongside Savitribai and Jyotirao Phule embody the very essence of solidarity and resistance. Together, they challenged Brahmanical patriarchy and caste exclusion, striving for an inclusive education system that empowered the most marginalised. Yet there is an ongoing attempt to erase Fatima Sheikh from mainstream history, her legacy buried under layers of casteist and communal erasure. Her erasure is not a mere oversight but a calculated act, one that seeks to deny the very existence of intersectional struggles against oppression.

This politics of erasure is not isolated; it is part of a broader project to sanitise history, neutralise dissent, and normalise inequalities. By excluding figures like Fatima Sheikh, Dalits, Muslims, Adivasis, women, and persons with disabilities are systematically pushed to the margins of public memory and denied their rightful place in the nation’s narrative.

Historical Revisionism: Sanitising the Past for Oppression

The deliberate erasure of figures like Fatima Sheikh reveals a pattern of historical revisionism designed to sustain existing hierarchies. History is manipulated to present reform movements as caste-neutral, male-driven, and Hindu-led, obscuring the intersectional struggles that shaped them. By erasing Fatima Sheikh, the radical solidarity between Dalits, Muslims, and women is invisibilised, and the convenient, dominant narrative of typical prototype reformers as saviours is reinforced.

B.R. Ambedkar, for instance, is sanitised into a token figure, hailed as the architect of the Constitution but stripped of his scathing critique of caste and his revolutionary vision for an egalitarian society. His advocacy for reservations, a lifeline for educational equity, is sidelined even as these policies are viciously attacked today. Ambedkar’s fiery critique of Hinduism’s role in upholding caste oppression is deliberately erased from school curricula and public discourse, making it easier to appropriate him while gutting his radical ideas.

Similarly, the contributions of Muslim freedom fighters like Ashfaqulla Khan and Khan Abdul Ghaffar Khan are systematically downplayed to sustain communal stereotypes. Women like Jhalkaribai, the Dalit warrior who fought alongside Rani Lakshmibai, and Begum Rokeya, a Muslim reformer who championed women’s education, are excluded to uphold patriarchal and casteist narratives. Even Adivasi leaders like Birsa Munda, who fought against colonial exploitation and for Adivasi rights, are reduced to hollow symbols, their histories carefully erased to sustain their marginalisation.

But the silence is uneasy most of all when it comes to disabled individuals. Their absence from historical narratives is not just glaring but insidious. It reflects the deeply entrenched ableism in Indian society, which sees disability not as a social issue but as a private affliction to be ignored. This erasure denies disabled people even the most token representation, ensuring they remain outside the frameworks of education, policy, and society itself.

The Violent Silence of Ableism

The absence of discourse on disability in historical narratives is perhaps the most violent form of erasure. It is not just a denial of disabled lives but a refusal to even acknowledge their struggles and contributions. Ableist attitudes perpetuate the idea that disabled people are incapable of agency or participation in society, reinforcing their marginalisation.

Statements like “the deaf and blind do not go to school with others” go unchallenged, as though their exclusion is natural. This systematic exclusion reinforces invisibility of disabled, creating a narrative of othering and leaving a place only at the bottom of the social hierarchy, with no place in history and no claim to justice.

Ableism is a tool of domination, one that intersects with caste, gender, and religion to maintain systems of oppression. By refusing to document the lives and struggles of disabled people, society ensures an easy othering where disabled are invisible, unaccounted for, and unrepresented. This silence is not benign, it is violent.

Education: A Weapon of Exclusion

The erasure of marginalised voices from history is deeply tied to the politics of education. Education is not merely a tool for liberation; it has also been weaponised to exclude. By controlling whose stories are taught, dominant groups perpetuate the myth that Dalits, Muslims, Adivasis, women, and disabled people are undeserving of knowledge, power, or leadership.

This exclusion is evident in the privatisation of education, which transforms a fundamental right into an elitist privilege. Marginalised communities, already struggling under systemic oppression, are locked out of educational spaces, ensuring a continued cycle of poverty and exclusion. Reservation policies, which aim to provide equitable access, are constantly undermined. Their necessity is questioned as the struggles that birthed them are erased from public memory.

For disabled people, the exclusion is even starker. Accessible education systems and infrastructure are virtually non-existent, leaving them reliant on charity rather than rights-based systems. The very idea of education for the disabled is treated as an afterthought, ensuring they remain on the margins, locked out of opportunities for participation in society.

Reclaiming Radical Histories

To resist the politics of erasure, we must reclaim the radical histories of marginalised communities. Fatima Sheikh’s story must be restored not simply as a tribute to her legacy but as a weapon against the narratives that erase the struggles of Dalits, Muslims, Adivasis, women, and disabled people. The histories of Ambedkar, Jhalkaribai, Ashfaqulla Khan, Birsa Munda, and countless others must be told in their entirety, with their radical critiques and intersectional struggles at the forefront.

The absence of disability discourse must also be addressed. Disabled people’s lives and struggles must be documented, acknowledged, and integrated into mainstream narratives. This requires dismantling ableist attitudes and creating systems that recognise disability as a social and political issue, and not a personal battle.

The Politics of Memory and Justice

The politics of historical erasure is not just about the past, it is about controlling the present and foreclosing the future. By denying Fatima Sheikh and others like her their rightful place in history, the ruling elite seeks to sustain a system of exclusion that privileges dominant castes, religions, and abilities.

Fatima Sheikh’s legacy reminds us that education is not a privilege for the few but a right for all. Her work challenges the casteist, communal, patriarchal, and ableist narratives that underpin Indian society, offering a vision of education as a tool for liberation and solidarity. To honour her is to fight against the forces that erase her.

The fight against historical erasure is, ultimately, a fight for justice. It is a fight to ensure that history reflects the struggles and contributions of all communities, and that education becomes a tool to dismantle hierarchies rather than perpetuate them. This fight demands that we challenge the dominant narratives, expose their silences, and reclaim the radical potential of memory to inspire resistance and solidarity. Let us carry forward this fight, with the legacy of all those erased from history as our guide; while it remains important to ask ‘who benefits from these erasures?’

Shirin Akhter is Associate Professor, Department of Economics, Zakir Husain Delhi College, University of Delhi. Sharamisthaa Atreja is Assistant Professor at the Department of Philosophy, University of Delhi. The views are personal.

Courtesy: Newsclick

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The report becomes important with the news that the government of Arunachal Pradesh – once called NEFA [North East Frontier Agency] as it borders Bhutan, Myanmar and China through Tibet – will shortly enforce the anti-conversion law it passed in 1978 to stop the growth of Christianity in the state. Also likely to be raised is the political demand that those already converted to Christianity be stripped of all privileges given to the members of the scores of big and small tribes inhabiting this Himalayan redoubt.

Stripping tribals, also called Adivasis in North and Central India, of their scheduled status is an important national project of the BJP and the Sangh to contain the growth of Christianity among Tribals and Dalits. The Presidential Order of 1950 became the biggest anti-conversion law of the newly independent India, with converts penalised by being denied reservations in government, legislatures and education. Tribals, till now, can retain such rights even if they become Christians, and very rarely, Muslims.

These rights were the fuse that lit the conflagration in Kandhamal, Orissa which saw 56,000 people displaced from their homes and seeking safety, first in the nearby forests, and then in government refugee camos for up to a year. Many women, including a Catholic Nun, were raped, more than 400 churches and 4,000 houses burnt, while 400 villages were cleansed of Christian presence. The subtext was that converts to Christianity should not be given the Scheduled Tribe benefits.

This was also one of the subtexts of the violence in Manipur which began on 7 May 2023, and continues with the toll mounting every day. Over 70,000 people, mostly tribals of the Kuki-Zo group are homeless.

They have also forced Meitei Christians to return to the older Sanamahi faith by making them sign conversion affidavits and burning their bibles in what they described as acts of ghar wapsi, or homecoming – the preferred BJP term for the reconversion to Hinduism of Indian Christians and Muslims.

As in Kandhamal, over 400 churches are reported destroyed. The majority Meitei, who are not tribals, want the same scheduled status. This would in effect make everyone the state equal and give the Meitei egress into the hill districts which have mineral deposits, and allegedly now grow contraband poppy, from which many opiate derivatives find their way to the billion dollar international drug trade in which reportedly politicians are also complicit.

Arunachal Pradesh is home to 26 major tribes and over 100 sub-tribes, collectively 68.78% of the 1.3 million population [2011 census].

The first Church in Arunachal was set up in 1957 at Rayang village in the present-day district of East Siang, close to the Assam birder.

Christians now constitute just over 30 per cent, with Hindus close behind at 29.0% , the Donyi-Polo at 26.2% and Buddhism, both Theravada and Mahayana at 11.8%. The many indigenous tribal religions, many nature or ancestor worshipping, total some 3 per cent .

The strength of the Hindu population may be significantly more as the Donyi Polo often also so identify themselves. Many of their social, political and religious leaders are also members of the RSS

In such a mixed population, English is a link language, but also Hindi, which many people if the state speak fluently as it was taught in Vivekanand schools. Hindi also makes it easy for the Hindutva activists to emphasise its connectedness with the Hindu majority Indian mainland. The other tribal states of the North East use English as their link language.

Over the last three decades which saw Christian evangelisation, the RSS was working with equal zeal radicalising Hindu tribal groups, and ones following various indigenous faiths. the RSS and its affiliates, who view the state’s “indigenous faiths” as part of “Sanatana Dharma”. This has now effectively pitted them against the proselytised Christians.

The Sangh, not working exactly under the radar, set up an education network which parallels the one by Christian missionaries, quite matching it in expanse and facilities. These Ekal Vidyalaya are similar to the ones which impart Hindu nationalist philosophy to tribal children from Orissa in the south and Rajasthan in the west. Demonising Christians is part of the extra-curricular activity.

The Anti-conversion Act was not passed by a BJP government in the state or in the Centre. It was enacted in 1978 when Arunachal was not even a state but a Union Territory. It remained in cold storage till 2024 when a series of steps became harbingers f a toughening if stance against the Church.

As other similar laws in a dozen central and north Indian states, it too does not name Christianity or Islam, and prohibits conversion “by use of force or inducement or by fraudulent means”. Many states have now weaponised this law and punishment can range up to ten years for the pastor engaged in proselytising, or a Muslim man marrying a Hindu woman and making her a Muslim. Every act of conversion is to be reported to the Deputy Commissioner of the district concerned.

The Act was contested even before it received Presidential assent. The Christian community formed the Arunachal Christian Forum which has ensured that the law remained in abeyance all these decades. Forum president Tarh Miri says, to push for the repeal of the Act. It continues to lead the push against the Act” which Miri called an “anti-Christian law.” “If the bill is enforced, there are chances of it being misused by the district administration or police,” he said.

The number of Christians in the state has grown rapidly over the years, and in the last census of 2011, they were enumerated as 30.26% of the population, making Christianity the largest religion in the state, if by a whisker.

In 2018, Chief Minister Pema Khandu had told a meeting of the Arunachal Pradesh Catholic Association that the state government was considering to repeal of the Act.

But, as in Manipur in yet another parallel, the call to stop conversions was routed through a public interest litigation in 2022 by a lawyer, Mr. Tambo Tamin, in the Itanagar bench of the Guwahati High Court appealing for judicial intervention over the “failure” of the state government to frame rules for the Act.

On September 30, 2024, the State government told the court that draft rules had been framed and would be finalised in six months. That would mean March end or April may see the law operationalised.

Preparations apparently had begun last year when government strengthened the existing Inner Line Permit system that makes it mandatory non-residents including foreigners to apply for a permit to enter the state. Such permits are also required for some other North East states, including Manipur.

The entry permit system gives the state powers through its police to check any evangelist to enter the state.

The church in Arunachal no longer really needs people from outer areas to reach out to various remote areas to preach. Unlike in North Indian states, or even in. Rajasthan and Gujarat in the west of the country where the Christian population is small, Arunachal now has a sizeable community which can take of itself if the state itself does not turn on the people.

The Sangh may possibly have met its match in this state.

Courtesy: Mainstream Weekly

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In recent years, since 2014, cow vigilantism has become the primary cause of violence against Muslims by extremist Hindutva Vadi groups. Recently, a 37 year old Muslim man named Mohammad Shahideen Qureshi, from Moradabad became a victim of the same. On the 30th of December, 2024, Qureshi and his friend Mohammad Adnan were attacked by an aggressive Hindutva mob shouting the slogans of “Jai Shree Ram” alleging that Qureshi and Adnan had slaughtered a cow. Meanwhile Adnan escaped, Qureshi, who suffered serious injuries after the attack and was admitted in the Moradabad district hospital, succumbed to those injuries.

A report in the Indian Express quotes the Station House Officer where he states, “We took suo moto cognizance and registered an FIR against Qureshi and Mohammad Adnan (29) for cow slaughter,” said the Majhola Station House Officer Mohit Chaudhary. Another FIR has been registered by Mohammad Shahjad (the brother of the deceased) against unidentified individuals under Section 103(1) (murder) of the Bharatiya Nyaya Sanhita (BNS) as per a report in the Hindustan Times.

Police has arrested the accomplice of the deceased who was allegedly with him at the time of the assault for cow slaughter. SHO Mohit Chaudhary said that Adnan fled the spot after locals found him and Qureshi slaughtering an ox in the early hours of December 30, 2024. However, it must be noted that so far, the Police has not been able to make any arrests in the murder case. The Additional Superintendent of Police (City) Kumar Ran Vijay Singh said investigations are ongoing, however “We have not been able to arrest anybody in connection with the killing of Qureshi so far.”

Qureshi transported goods on rented hand carts for a living. His sister-in-law Masooma jamal said “This was no age to die. Is the value of human life so less today? Even if he killed an animal, they could have called the police. He could have been in jail, but why did people beat him up so badly that he died.” This question of Jamal raises the fundamental concern of how cow vigilantism has increased in the recent years becoming a primary reason for violence against Muslims.

This incident brings the dire state of law-and-order enforcement into focus. According to a research conducted by the Armed Conflict Location and Event Data reported by Statista, the primary cause for violence against Muslim civilians between, June 2019 to March 2024, has been cow vigilante actions by Hindus. Further, according to a Reuters report, between the year 2010 and mid-2017, a total of 63 cow vigilante attacks have occurred in India, most after Prime Minister Narendra Modi came into power in the year 2014. In these attacks, 28 individuals were killed, of which 24 were Muslims, and 124 were injured. Furthermore, the Human Rights Watch has observed that there has been a surge in cow vigilante violence in India since the year 2015 and the same is attributed to the recent rise in Hindu nationalism in India. As per an analysis by the Observer Research Foundation, cow related violence has spiked up drastically from 5 percent of the total incident of lynching or public disorder in the year 2011, to 20 percent in the year 2017. Cow vigilantism can be perceived as an expression of latent communal prejudice born out of palpable remains of the India-Pakistan partition memories. It is also a result of the strategy of communal-polarisation adopted by the Hindu-right-wing creating a false sense of fear and threat to the Hindu community.

The action of Moradabad police of filing an FIR against the deceased reflects the deep-rooted bias and extreme Hindu nationalist ideology that has become deeply ingrained even in the law-enforcement machinery of India. It is pertinent to note and understand that anarchy, chaos and disorder ensue when any group of people under the garb of self-assumed and self-appointed protectors of law take the law into their own hands, which would then lead to the emergence of a violent society.

The Supreme Court in the case of Tehseen S. Poonawalla vs. Union of India [(2018) 9 SCC 501] and Ors. has expressed its concerns over the rising number of cases of what can be categorized as “cow vigilantism”. The apex court in this case observed that “Lynching and mob violence are creeping threats that may gradually take the shape of a Typhon-like monster as evidenced in the wake of the rising wave of incidents of recurring patterns by frenzied mobs across the country instigated by intolerance and misinformed by circulation of fake news and false stories. There has been an unfortunate litany of spiralling mob violence and agonised horror presenting a grim and gruesome picture that compels us to reflect whether the populace of a great Republic like ours has lost the values of tolerance to sustain a diverse culture.”

Further, in the case of Shubham Singh Baghel vs. State of Madhya Pradesh and Ors. [MANU/MP/1610/2020], the Madhya Pradesh High Court has held that “the acts of vigilantism may be construed by the State as acts threatening the stability of Public Order”.

While the Judiciary has time and again highlighted the dangers of mob violence and how the same affects the secular fabric of India, there has been little to no action taken by the law enforcement bodies to ensure public order and peace.

It also becomes pertinent to understand the response of the government machinery towards cow vigilantism. In the infamous Dadri case, which has been deeply covered by CJP, where a Muslim man was murdered by a Hindutva mob after entering his house on the allegations of possession of beef, as per a report by Newslaundry, the then Tourism Minister Mahesh Sharma belonging to the Bharatiya Janata Party (BJP) said, “(the murder) took place as a reaction to that incident (cow slaughter). You must also consider that there was also a 17-year-old daughter in that home. Kisi ne usey ungli nahin lagaayi (nobody touched her).”

The then Chief Minister of Haryana, Manohar Lal Khattar called the lynching a misunderstanding and reinstated sectarianism by claiming, “They can be Muslim even after they stop eating beef, can’t they? It is written nowhere that Muslims have to eat beef, nor is it written anywhere in Christianity that they have to eat beef.”

While the acts of cow vigilantism have instilled a fear, the inappropriate and inadequate response of the government and law-enforcement machineries have perpetuated the belief that such fanaticism is beyond the reach of law.

Related:

November 2024 Surge in Cow Vigilantism: Rising Violence and Legal Apathy in North India

Muslims in the new India: How one week showcases their escalating persecution

2024: July and August see surge in cow vigilantism with brutal assaults, raids based on rumours and targeting of Muslims while legal consequences for perpetrators missing

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