Indian Constitution, Religious Discrimination & USCIRF
by Moorthy Muthuswamy PhD
In my earlier paper in another site (http://www.indiacause.com/columns/OL_050406.htm) I had discussed how some groups belonging to proselytizing religions use discrimination (due to deficiencies in Indian constitution) to garner wealth unfairly in India. These practices of religious discrimination are thus in violation of religious freedom and human rights.
The United States State Department (USSD) and United States Commission on International Religious Freedom (USCIRF) who lecture governments the need to revoke anti-conversion laws (on the grounds of violating religious freedom) have turned a blind eye (due to a lack of knowledge) to religious discrimination by minority institutions in India. The USSD officials have even lobbied on behalf of these discriminating institutions, trying to nudge regional Indian governments to revoke anti-conversion laws!
It has become quite apparent that many minority groups involved in religious-freedom violating activities have not only worked to shield their activities in India, but instead have exaggerated any act of the majority in India to limit their unfair practices. Some of these same groups have been involved in revoking visa to Mr. Narendra Modi (http://www.saag.org/papers14/paper1318.html). These activists have falsely lobbied USCIRF extensively, and with the Hindu community in America not particularly well-connected or well-informed, it hasn’t been able to give an alternate view or analysis to USCIRF.
Lacking in staff who specialize in India and relying on one-sided and falsified portrayals, USCIRF has produced reports and guidelines, that are a flawed portrayal of origin and the extent of religious freedom violation in India.
While USCIRF has actively opposed the presence of anti-conversion laws (that adversely affect Christian interests in India) in some Indian states, it doesn’t appear to have noted, let alone actively opposed the existence of Articles in Indian constitution that have led to unfair practices by minorities in India and violations of religious freedom of majority in India. It appears and I suspect strongly that USCIRF may have inadvertently acted to promote the interests of Christianity (the majority religion in America), while ignoring (perhaps inadvertently) the religious freedom of majority in India. This pattern of behavior by USCIRF, an US government body, may be seen as a violation of religious freedom and that of American constitution – that of violating the separation of Church and State.
Lack of objective reporting by USCIRF has led to even members of the US Congress siding with religious freedom-violating proselytizers (perhaps unwittingly), on the grounds of trying to protect – religious freedom! Some of these unethical activists have been lobbying the Congressional Working Group on Religious Freedom, a coalition of about seventy organizations and religious leaders from various faiths launched under the leadership of Senator Rick Santorum and the House majority whip Congressman Roy Blunt.
There is a distinct possibility that, in addition to an already misled US State Department, a misled US congress may get involved in activities that promote violation of religious freedom abroad, thereby tarnishing America’s integrity and reputation. This may be in violation of American laws and most certainly goes against the very spirit of the American constitution they are sworn to uphold.
A survey of minority operated Institutions in India
Note: The following statistics were extracted from institutions’ official web pages. Faculty religious affiliations were determined based upon their names. A more accurate religious determination will further skew the data toward religious bias. The faculty salaries appear to be State or tax-payer funded.
* American College, Madurai, Tamil Nadu (Christian missionary operated):
Total faculty members: 122
Christian faculty members: 81; Christian percentage: 66%
Total junior faculty members (junior lecturers): 22
Christian junior faculty members: 21; Christian percentage: 95%
* Stella Maris College, Chennai, Tamil Nadu (Christian missionary operated):
Total faculty members: 118
Christian faculty members: 71; Christian percentage: 60%
* Union Christian College, Aluva, Kerala (Christian missionary operated):
Total faculty members: 93
Christian faculty members: 77; Christian percentage: 83%
* St. Xavier’s College, Mumbai, Maharashtra (Christian missionary operated):
Total faculty members: 132
Christian faculty members: 56; Christian percentage: 42%
* Jamia Millia Islamia University, New Delhi (A central university, but Muslim controlled):
Total faculty members: 329
Muslim faculty members: 288; Muslim percentage: 88%
Note: this total doesn’t include Jamia’s faculty of humanities and languages. Such an inclusion will only increase the religious bias.
These tax-payer funded institutions also give preferential admission to students belonging to their faith -- thereby reducing opportunities for majority’s children. This too violates religious freedom and human rights. Due to a lack of statistics this student component is not discussed here.
What is also notable is the recent trend at least in one minority institution to hire almost exclusively young faculty of the same faith (American college). The USCIRF must be made fully aware of the situation.
While this data is limited I have no doubt in my mind that minority run institutions in India have very high proportion of staff members belonging to their faith.
India needs civil rights laws
India’s constitution has certain provisions whereby minorities are exempt from certain requirements in running their own institutions (http://www.legalservicesindia.com/articles/judi.htm). For instance, a minority community may reserve up to 50 percent of the seats for the members of its own community in an educational institution established and administered by it even if the institution is getting aid from the State. But the data given above, in some instances, show hiring level well-exceeding 50%.
However, these minority special privileges granted by Indian constitution are inconsistent with the ideas of human rights, as they provide grounds for unfair wealth transfer and violation of religious freedom. Below is a quote from an analysis by Prof. Issac (http://www.saveindia.com/for_hindus_in_kerala_it.htm).
“The education scenario is one of the major sectors where the organised strength of the minorities in Kerala (where Christians and Muslims constitute around 19% and 25% respectively) is used in a covert manner. In this sector the majority (Hindu) community as well as the government altogether controls only 11.11 per cent, on the other hand the church controls 55.55 per cent and Muslim religious organisations 33.33 percent of the total institutions. At present the professional education sector of Kerala is somewhat under the full control of the minorities. About 12,000 engineering seats and 300 medicine seats are in the minority institutions and they are fully controlling the admissions. At present 60 per cent of the seats of the paramedical courses are controlled by the organised minority religious leadership. The minority managements deny the organisational freedom of teachers and students. Behind this undemocratic exercise, is there anything other than organised minority leadership's haughtiness? In this situation here, the successive governments are functioning as meagre onlookers.”
Precisely for the above reasons, America doesn’t have these types of minority/religious preference laws and in fact, has laws that prohibit religious discrimination (the United States under the Title VII of the civil rights act of 1964 prohibits employment discrimination based on race, color, religion, sex or national origin).
To set its own house in order India must modify or remove aspects of its constitution that give specific privileges to certain groups, that lead to religious discrimination, and violation of religious freedom and human rights. India also needs to enact new laws prohibiting violation of religious and other forms of discrimination.
Recommendations to USCIRF
USCIRF should institute a hearing specific to minority activities in India that are in violation of religious freedom and human rights. This alternate view is a must for the Commission to reach necessary levels integrity and objectivity in its reports and guidelines. It should release a report based upon these hearings.
While articulating the need for the removal of anti-conversion laws abroad to ensure religious freedom, USCIRF should also give equal emphasis to enactment and enforcement of laws that prohibit religious discrimination.
In my earlier paper in another site (http://www.indiacause.com/columns/OL_050406.htm) I had discussed how some groups belonging to proselytizing religions use discrimination (due to deficiencies in Indian constitution) to garner wealth unfairly in India. These practices of religious discrimination are thus in violation of religious freedom and human rights.
The United States State Department (USSD) and United States Commission on International Religious Freedom (USCIRF) who lecture governments the need to revoke anti-conversion laws (on the grounds of violating religious freedom) have turned a blind eye (due to a lack of knowledge) to religious discrimination by minority institutions in India. The USSD officials have even lobbied on behalf of these discriminating institutions, trying to nudge regional Indian governments to revoke anti-conversion laws!
It has become quite apparent that many minority groups involved in religious-freedom violating activities have not only worked to shield their activities in India, but instead have exaggerated any act of the majority in India to limit their unfair practices. Some of these same groups have been involved in revoking visa to Mr. Narendra Modi (http://www.saag.org/papers14/paper1318.html). These activists have falsely lobbied USCIRF extensively, and with the Hindu community in America not particularly well-connected or well-informed, it hasn’t been able to give an alternate view or analysis to USCIRF.
Lacking in staff who specialize in India and relying on one-sided and falsified portrayals, USCIRF has produced reports and guidelines, that are a flawed portrayal of origin and the extent of religious freedom violation in India.
While USCIRF has actively opposed the presence of anti-conversion laws (that adversely affect Christian interests in India) in some Indian states, it doesn’t appear to have noted, let alone actively opposed the existence of Articles in Indian constitution that have led to unfair practices by minorities in India and violations of religious freedom of majority in India. It appears and I suspect strongly that USCIRF may have inadvertently acted to promote the interests of Christianity (the majority religion in America), while ignoring (perhaps inadvertently) the religious freedom of majority in India. This pattern of behavior by USCIRF, an US government body, may be seen as a violation of religious freedom and that of American constitution – that of violating the separation of Church and State.
Lack of objective reporting by USCIRF has led to even members of the US Congress siding with religious freedom-violating proselytizers (perhaps unwittingly), on the grounds of trying to protect – religious freedom! Some of these unethical activists have been lobbying the Congressional Working Group on Religious Freedom, a coalition of about seventy organizations and religious leaders from various faiths launched under the leadership of Senator Rick Santorum and the House majority whip Congressman Roy Blunt.
There is a distinct possibility that, in addition to an already misled US State Department, a misled US congress may get involved in activities that promote violation of religious freedom abroad, thereby tarnishing America’s integrity and reputation. This may be in violation of American laws and most certainly goes against the very spirit of the American constitution they are sworn to uphold.
A survey of minority operated Institutions in India
Note: The following statistics were extracted from institutions’ official web pages. Faculty religious affiliations were determined based upon their names. A more accurate religious determination will further skew the data toward religious bias. The faculty salaries appear to be State or tax-payer funded.
* American College, Madurai, Tamil Nadu (Christian missionary operated):
Total faculty members: 122
Christian faculty members: 81; Christian percentage: 66%
Total junior faculty members (junior lecturers): 22
Christian junior faculty members: 21; Christian percentage: 95%
* Stella Maris College, Chennai, Tamil Nadu (Christian missionary operated):
Total faculty members: 118
Christian faculty members: 71; Christian percentage: 60%
* Union Christian College, Aluva, Kerala (Christian missionary operated):
Total faculty members: 93
Christian faculty members: 77; Christian percentage: 83%
* St. Xavier’s College, Mumbai, Maharashtra (Christian missionary operated):
Total faculty members: 132
Christian faculty members: 56; Christian percentage: 42%
* Jamia Millia Islamia University, New Delhi (A central university, but Muslim controlled):
Total faculty members: 329
Muslim faculty members: 288; Muslim percentage: 88%
Note: this total doesn’t include Jamia’s faculty of humanities and languages. Such an inclusion will only increase the religious bias.
These tax-payer funded institutions also give preferential admission to students belonging to their faith -- thereby reducing opportunities for majority’s children. This too violates religious freedom and human rights. Due to a lack of statistics this student component is not discussed here.
What is also notable is the recent trend at least in one minority institution to hire almost exclusively young faculty of the same faith (American college). The USCIRF must be made fully aware of the situation.
While this data is limited I have no doubt in my mind that minority run institutions in India have very high proportion of staff members belonging to their faith.
India needs civil rights laws
India’s constitution has certain provisions whereby minorities are exempt from certain requirements in running their own institutions (http://www.legalservicesindia.com/articles/judi.htm). For instance, a minority community may reserve up to 50 percent of the seats for the members of its own community in an educational institution established and administered by it even if the institution is getting aid from the State. But the data given above, in some instances, show hiring level well-exceeding 50%.
However, these minority special privileges granted by Indian constitution are inconsistent with the ideas of human rights, as they provide grounds for unfair wealth transfer and violation of religious freedom. Below is a quote from an analysis by Prof. Issac (http://www.saveindia.com/for_hindus_in_kerala_it.htm).
“The education scenario is one of the major sectors where the organised strength of the minorities in Kerala (where Christians and Muslims constitute around 19% and 25% respectively) is used in a covert manner. In this sector the majority (Hindu) community as well as the government altogether controls only 11.11 per cent, on the other hand the church controls 55.55 per cent and Muslim religious organisations 33.33 percent of the total institutions. At present the professional education sector of Kerala is somewhat under the full control of the minorities. About 12,000 engineering seats and 300 medicine seats are in the minority institutions and they are fully controlling the admissions. At present 60 per cent of the seats of the paramedical courses are controlled by the organised minority religious leadership. The minority managements deny the organisational freedom of teachers and students. Behind this undemocratic exercise, is there anything other than organised minority leadership's haughtiness? In this situation here, the successive governments are functioning as meagre onlookers.”
Precisely for the above reasons, America doesn’t have these types of minority/religious preference laws and in fact, has laws that prohibit religious discrimination (the United States under the Title VII of the civil rights act of 1964 prohibits employment discrimination based on race, color, religion, sex or national origin).
To set its own house in order India must modify or remove aspects of its constitution that give specific privileges to certain groups, that lead to religious discrimination, and violation of religious freedom and human rights. India also needs to enact new laws prohibiting violation of religious and other forms of discrimination.
Recommendations to USCIRF
USCIRF should institute a hearing specific to minority activities in India that are in violation of religious freedom and human rights. This alternate view is a must for the Commission to reach necessary levels integrity and objectivity in its reports and guidelines. It should release a report based upon these hearings.
While articulating the need for the removal of anti-conversion laws abroad to ensure religious freedom, USCIRF should also give equal emphasis to enactment and enforcement of laws that prohibit religious discrimination.
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