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The rise of religious nationalism in India under successive Bharatiya Janata Party (BJP) governments has produced a measurable deterioration in conditions for religious minorities. Muslims, Christians, Dalits, and Sikhs face escalating violence, discriminatory legislation, and shrinking civic space. Freedom House downgraded India from "Free" to "Partly Free" in 2021 — the first such downgrade in decades — citing precisely these trends.[1] Understanding this landscape is essential for asylum practitioners, refugee advocates, and country experts assessing protection claims from India.
Mob lynching deaths linked to cow vigilantism (2015–2023)
Freedom House status since 2021 (was Free)
RSF Press Freedom Index 2023
States with anti-conversion laws as of 2024
The Rise of Hindutva and Its Impact on Minorities
Hindutva — the political ideology asserting that India is fundamentally a Hindu nation — has moved from the ideological fringe to the centre of mainstream politics. Since the BJP's electoral victories in 2014 and 2019, state governments aligned with Hindutva ideology have enacted or strengthened legislation that disproportionately affects religious minorities.[2]
Anti-conversion laws, known as "Freedom of Religion Acts," exist in at least 12 states. These laws criminalise conversions from Hinduism deemed to have occurred by "force, fraud, or allurement." In practice, they have been used to target Christian missionaries, Muslim men in interfaith relationships, and Dalit communities seeking to leave Hinduism. The laws carry prison terms of up to 10 years in some states.
The Citizenship Amendment Act (CAA) 2019 grants expedited citizenship to non-Muslim religious minorities from Afghanistan, Bangladesh, and Pakistan — but explicitly excludes Muslims. In combination with the proposed National Register of Citizens (NRC), critics argue the CAA creates a legal pathway to disenfranchise stateless Muslims. The UN High Commissioner for Human Rights described the CAA as "fundamentally discriminatory."[3]
Violence Against Muslim and Christian Communities
Cow vigilantism — violence by self-appointed groups claiming to protect cows — has resulted in over 50 deaths since 2015, with Muslims and Dalits as the primary targets. India Spend's database documents 97 incidents of cow-related violence between 2010 and 2017, with 97% occurring after 2014.[4] Perpetrators are rarely prosecuted, and in some cases are publicly celebrated by ruling party politicians.
India's religious minorities — particularly Muslims and Christians — face increasing violence and discrimination, with state actors either participating or failing to protect victims.
Human Rights Watch, World Report 2024
Anti-Christian violence has also risen sharply. The Evangelical Fellowship of India documented over 600 incidents against Christians in 2023 alone. These include church vandalism, attacks on prayer gatherings, and false complaints filed under anti-conversion laws. In several cases, police have arrested Christian pastors rather than their attackers.
Laws Used Against Minorities
Several laws enable systematic targeting of religious minorities and activists who speak against Hindutva. The Unlawful Activities (Prevention) Act (UAPA) allows for arrest without bail and detention without charge for up to 180 days. It has been applied against Muslim activists, academics, and journalists who document minority rights abuses.[5]
Sedition law under Section 124A of the Indian Penal Code — though under Supreme Court review since 2022 — has also been used to detain critics of government policy on minority rights. The National Security Act allows preventive detention for up to 12 months. Additionally, several states have enacted laws criminalising interfaith marriages involving Muslim men, sometimes called "Love Jihad" laws.
| Law / Policy | Provision | Impact on Minorities |
|---|---|---|
| Citizenship Amendment Act 2019 | Expedited citizenship for non-Muslims from 3 countries | Excludes Muslims; risk of statelessness |
| Anti-Conversion Laws (12 states) | Criminalises conversion from Hinduism | Targets Christians, Muslims, Dalits |
| UAPA 1967 (amended 2019) | Detention without bail up to 180 days | Used against Muslim activists and journalists |
| "Love Jihad" Laws (UP, MP, others) | Restricts interfaith marriages | Criminalises Muslim-Hindu relationships |
Implications for Asylum and Protection Claims
India's size and internal diversity mean that asylum claims require careful, individualised assessment. However, several patterns are well-established. Muslims from Uttar Pradesh, Assam, and Manipur face heightened risk. Christians in tribal states like Chhattisgarh, Jharkhand, and Odisha face targeted anti-conversion prosecutions. Sikh activists from Punjab face security force surveillance and harassment.[6]
Internal relocation arguments must be assessed with care. The widespread network of Hindutva-affiliated organisations — including the Rashtriya Swayamsevak Sangh (RSS) — means that individuals targeted by communal violence cannot always find safety by relocating within India. Expert country evidence is vital to evaluating these claims. See our expert witness directory for India specialists and our India country reports.
Decision-makers should also consult the Home Office's Country Policy and Information Notes on India, particularly those addressing religious minorities and caste. The India asylum guide provides further analysis for legal practitioners.
Conclusion
Religious nationalism in India has created a measurable pattern of discrimination, violence, and legal targeting against Muslims, Christians, Dalits, and other minorities. The legislative architecture — from the CAA to anti-conversion laws — provides a formal framework for exclusion. Meanwhile, communal violence goes largely unpunished.
For asylum practitioners, this background is central to assessing protection claims from India. Superficial assessments that rely solely on India's democratic institutions miss the documented reality on the ground. Thorough country of origin information and specialist expert evidence are essential to fair and accurate decision-making.
Footnotes
- Freedom House, 'Freedom in the World 2021 — India' (Freedom House, 2021).
- Amnesty International, 'India: Human Rights Under Threat — Annual Report 2023/24' (Amnesty International, 2024).
- UN High Commissioner for Human Rights, 'Statement on India Citizenship Amendment Act' (OHCHR, December 2019).
- IndiaSpend, 'Cow-Related Violence Database 2010–2017' (IndiaSpend, 2017).
- Human Rights Watch, 'Stifling Dissent: The Criminalization of Peaceful Expression in India' (HRW, 2019).
- US Commission on International Religious Freedom, 'Annual Report 2024 — India' (USCIRF, 2024).
- Evangelical Fellowship of India, 'Hate and Targeted Violence Against Christians in India 2023' (EFI, 2024).
- UN Special Rapporteur on Freedom of Religion or Belief, 'Report on India' (OHCHR, 2023).
Sources
- Freedom House, Freedom in the World 2024 — India, 2024.
- Human Rights Watch, India Reports, 2023–2024.
- Amnesty International, India Country Reports, 2024.
- USCIRF, Annual Report 2024 — India, 2024.
- Evangelical Fellowship of India, Violence Against Christians Report 2023, 2024.
- OHCHR, India Human Rights Situation, 2023–2024.
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