India: Laws which Discriminate Against People

Constituent Assembly, which drafted and made the law for India, which came into force on 26 January 1950, was sitting and debating the laws and rules in the backdrop of partition, and migration of people. In the overwhelming absence of Muslim inside the constituent Assembly, it was left to the likes of B R Ambedkar and Jawahar Lal Nehru to follow the spirit of ‘Equality before Law’.  Muslim members of the Assembly could only dissent and disagree and in the end it did not matter. Discriminatory constitutional provisions, and laws are result of such an exercise, which shows majoritarian view.

Here are some of the Laws which are discriminatory in nature against Muslims and minorities.

Citizenship Amendment Act, 2019

It excludes Muslims, while allowing other illegal migrants to seek Indian citizenship. The Law seeks to grant rights to Hindus, Jains, Parsis and several other non-Muslim religious groups who migrated from Bangladesh, Pakistan and Afghanistan.

The Enemy Property (Amendment and Validation) Fifth Ordinance, 2016

The act passed in 2016 targets Muslims and is aimed to deny the children, successors, descendent from being the legitimate heirs to the land and properties spread over India. Though there are no exact figures to find, the value of the property may be more than INR 100 Lakh Crores.

The Enemy Property (Amendment and Validation) Fifth Ordinance, 2016 amends the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.  The interest of the central government in passing the Act was to particularly stop Raja of Mahmudabad from inheriting his ancestral property worth 60,000 Crores. It could not pass the Act, so it promulgated series of Ordinances in January, April, May and August 2016. Indian government had designated properties belonging to Muslims migrating to Pakistan as ‘enemy properties’.

  The Ordinance bars civil courts and other authorities from entertaining cases against enemy properties.

 ( Raja of Mahmudabd has been fighting the battle for 45 years, and after he won the court battle, he was stumped by the ordinance passed by the government in 2016. The new ordinance wants to confiscate property of Muslims, denying them the law of Inheritance, equality, and punish them for the decision of their ancestors. If it is not draconian law?

It is noteworthy that properties of Muslim Nawabs who allegedly sided with the British during the 1857 Revolt has also been declared ‘Enemy Property’. All Hindu, Sikh Rajas and Maharajas continue to enjoy and inherit their ancestral property, even though many of them like Raja of Patiala, Raja of Mysore, Sindhias sided with the British in 1857 and afterwords.

ARTICLE 341

This is discriminatory against Muslims, as it denies right of Reservation to Muslims, and Christians. For long people have been demanding for the amendment, as Sikhs and Buddhists were included later on.

Muslim Women (Protection of Rights & Marriage ) Bill 2019

Indian media was devoting 24x7 news to Triple Talaq. The Bill made a family issue , civil matter a criminal offence. It was a loss of face for the atheists-liberals brigade, as they had campaigned against the Divorce rights. And it was to target the Muslim community. In 2018, the Government promulgated ordinance, and after victory in 2019, it was the first bill passed by the government. Instead of solving and resolving family dispute through mediation and arbitration , its aimed to destroy the family and harass the male. Its a retrograde step and denies the principle of gender neutrality, like 498A. 

Anti-Conversion Laws

Many states in India and the centre has passed Laws ( Freedom of Religion Act) to stop Hindus from converting to Christianity, Islam and other religions. However, there is no restriction if Muslim, tribal or others join Sanatan Dharma. In 2014-15 , the radical Hindu outfits and its affiliated organs carried out aggressive campaign to lure Muslims into Sanatan Dharma, in what was called Ghar Wapsi. After the murder Graham Steins by Dara Singh in Odhisa, dozens of Adivasi were converted into vedic Dharma by Shankaracharya of Puri. Of the 29 states in India, seven—Gujarat (2003), Arnachal Pradesh (1978), Rajasthan (2006), Madhya Pradesh (1968), Himachal Pradesh (2006), Odisha (1967), and Chhattisgarh (1968)—have adopted a Freedom of Religion Act commonly referred to as an anti-conversion law.

These acts outlaw conversion by use of force, inducement, or any fraudulent means; aiding any person in such a conversion is also banned. If any person wants to convert, he has to inform the District authorities in advance, and only after letter and approval, the conversion will be allowed. These acts are in violation to freedom of religion envisaged in Article 25.

The Special Marriage Act of 1954

It includes provisions that deny converts to non-Hindu religions (e.g.,

Judaism, Islam, and Christianity) rights and privileges. If either parent of a Hindu child converts to Christianity or Islam, that parent loses the right to guardianship over the child.

The Hindu Minority and Guardianship Act of 1956

It disqualifies converts from Hindu to be the guardians of their own children. Similarly, under the law, a Hindu wife who converts to Christianity or Islam loses her right to marital support from her husband. Conversion from Hinduism can also be a basis for divorce.

Article 19

Article 19 of the Indian Constitution protects freedom of speech, expression, and association. However, the Indian government despite being secular has only shown interest in promoting and celebrating Hindu rituals, festivals, and Rath yatras.

FCRA, 1976

The Foreign Contribution Regulation Act (FCRA), 1976 and amended in 2010,  is used to target the NGOs and civil society organisations, which are associated with minorities , or work for them. After 2014, The government has closed many NGOs working for Dalits, Tribals and minorities. The Act has been used to also target charities. NGOs which criticise the government policy and question are targeted.

ARTICLE 48: PROTECTION OF COWS

During the Constituent Assembly debates, Cow was debated and the house agreed to promote the view that it was holy.  Pandit Nehru in his book Discovery of India argues that cow and horse are equally sacred. Article 48 and most Indian states (24, as of 2015) have laws in place which restrict or ban cow slaughter. Since, 2014, the issue has been in the mainstream media, and many Muslims, Dalits, and tribals have been killed / lynched on mere suspicion.  People can google and find the various facts related. For poor, beef is a critical source of nutrition, it is also critical for poor farmers to keep animals when it is not productive and barren. 

The Hindu Marriage Act of 1955

Sikh, Jain, and Buddhist communities are deemed Hindu per Article 25 sub-clause (B). Muslims, Christians, and Parsis  are denied this and are discriminated against.

The Ancient Monuments and Archaeological. Sites and Remains Act, 1901 & 1958

Ancient Monuments Protection Act , and other Acts of the Archaeological Survey of India are discriminatory against the Muslims. The Act has allowed the ASI to put its board in most of the medieval mosques, Eidgahs, and Qabristan, which prohibits prayers. For long time, the community has been asking for the right to pray in such places, as the space has shrunk and new places of woship has not come up. National Commission of Minorities have also requested the Government to allow prayers in the mosques and Eidgah. n   Khirki Mosque, and Eidgah in Begumpur are example of neglect, and apathy. 

The Muslim Women (Protection of Rights on Divorce) Act, 1986.

 Aftermath of the Shah Bano episode, the case highlights the interest of the nation in the family affairs of Muslims.

Indian secularism is not visible in laws, cultural trends and practices . From time to time, the government make laws which are tyrannical in nature discriminatory towards its minorities. Like  anti-Semantic Laws in Europe, SC & ST protection act, India requires to have Laws to protect lives of Muslims and other minorities.