Discrimination
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In the first two parts of this Ten Stages of Genocide in India Series, we analyzed how classification and symbolization are used to identify minority groups in India. These preliminary processes enable genocide process/stage 3: Discrimination. In part three, we explain how this process/stage of genocide is occurring in India.
At the Discrimination stage, laws, customs, and political power are used by the dominant group to deny the civil rights of ethnic, religious, or racial minority groups. The classic examples of this stage were the Nuremberg laws in Nazi Germany that reclassified Jews out of their German citizenship and discriminated against Jews by banning their employment by the government and universities.
In India, one of the most striking examples of this early warning indicator has been the weaponization of India's anti-terrorism laws and anti-religious conversion laws against Muslims.
The Unlawful Activities (Prevention) Act (UAPA) was introduced in 2008, but in 2019 the Modi government amended the law, permitting authorities to designate individuals as “terrorists''.
The provisions of the UAPA that define "terrorism" are so vague they would be struck down by any court in the US or EU. The UAPA is being used to suppress dissent against the Modi regime.
While data on the religious identity of those arrested under the UAPA is not publicly released, most UAPA cases have been against Muslims, minority rights activists, and academicians opposed to Modi’s BJP. In contrast, the UAPA is never invoked when Hindutva leaders and groups conspire to attack or kill Muslims.
Under UAPA, individuals accused of “terrorism” may be arbitrarily detained without any incriminating evidence. Bail is usually denied after arrest. Consequently, 67% of individuals arrested under UAPA between 2018 and 2020 are still languishing in jail, without being convicted, released on bail, or acquitted.
In December 2021, Hindutva extremists and priests such as Yati Narsinghanand Saraswati and Annapurna Maa spoke at a Dharma Sansad, a Hindu event held at Haridwar in Uttarakhand. The Hindutva leaders called for Hindus to take up arms to kill Muslims. Yati Narisinghanand openly called for genocide. He announced that he would reward anyone who targeted and attacked Muslims. He directed his followers and aides to distribute pamphlets that encouraged the killing of Muslims. Such incitement has resulted in the lynchings of scores of Muslims. Incitement is an act of genocide that violates Article 3 of the Genocide Convention.
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Ironically such incitement would also satisfy UAPA criteria for arresting “terrorists.” There is clear video evidence of Narisinghanand’s statements and actions. But the UAPA law was not used to arrest him. In stark contrast, the UAPA has been invoked without any evidence in the arrests of many Muslims and prominent activists like Umar Khalid, Stan Swamy, and Siddique Kappan.
Other laws used for discrimination against Muslims and Christians in India are the Anti-Conversion laws in states such as Uttar Pradesh and Madhya Pradesh. The Anti-Conversion laws are direct violations of the Indian Constitution’s Articles 25 – 28 guarantees of freedom of religion.
A Big Lie connected to the Anti-Conversion laws contends that there is a Muslim conspiracy called "Love Jihad". This conspiracy theory holds that Muslim men lure Hindu women into marriages and then force them to convert to Islam. Conspiracy theorists hold that Muslims seek to expand the Muslim population and replace Hindus as the dominant majority in India. Imagination of such a threat is preposterous. Hindus comprise eighty percent of the population; Muslims are only fifteen percent; and Christians make up under three percent of the Indian population.
Students take part in a protest against love jihad in front of Academy of Fine Art in Kolkata on Valentine’s Day. Photograph: Dipa Chakraborty/Pacific Press/Rex/Shutterstock
Anti-Conversion laws compel those who want to convert to Islam to seek written permission from district authorities, who will then conduct a police inquiry to evaluate the “intention, purpose, and cause of the proposed conversion.” Muslim men who have married or have attempted to marry Hindu women have faced beatings and arrests. Many have even been killed by the woman's family. The weaponization of the law against Muslims is evident in arrest statistics. Of the 208 people arrested under Anti-Conversion laws between November 2020 and August 2021, all were Muslim.
Genocide Watch considers the differential use of anti-terrorism laws in India to target Muslims, and the promotion of “Love Jihad” conspiracy theories and enforcement of Anti-Conversion laws as indicators of discrimination against Muslims and Christians.
Genocide Watch recommends:
Due to the vagueness of the UAPA law and its biased use against opponents of the Modi regime, the Supreme Court of India should declare the UAPA “void for vagueness” and direct the Indian government to repeal the UAPA.
India’s anti-terrorism laws must be reformed to require thorough investigation, supporting evidence, use of judicial custody, and due process for those accused of “terrorism.”
The Indian Parliament should pass laws that carefully define hate speech in the Indian Penal Code. Prohibition of hate speech must not violate protections for freedom of speech.
India should pass laws prohibiting genocide and incitement to genocide. This step is required to fulfill India’s obligation as a State Party to the Genocide Convention.
Hindutva leaders who incite genocide against Muslims should be arrested and prosecuted.