India: another squeeze on religious minorities

India's religious minorities, who constitute roughly 20% of the population, face increasing legal and political pressures within an increasingly ethno-majoritarian political climate. A recent case before the Supreme Court presented an opportunity to revisit this framework; however, the Court declined to depart from its earlier position, thereby maintaining the exclusion of Muslim and Christian converts from Scheduled Caste status.

According to Indian law, individuals who convert to Islam or Christianity remain ineligible for SC designation and the reservation benefits attached to that status, meaning they may lose access to allocated jobs and educational institutions tied to caste-based disadvantage. While earlier governments, including those led by the Congress Party, grappled with episodes of communal tension, the consolidation of Hindu nationalist politics under Prime Minister Modi has coincided with heightened concerns about religious freedom. Religious conversion remains a particularly sensitive issue within India. It is frequently framed by Hindu nationalist groups through historical narratives of coercion or inducement under both pre-colonial Muslim rule and colonial-era missionary activity. Contemporary expressions of these concerns include the recurring targeting of Christian minorities over accusations of proselytisation, as well as the highly politicised discourse surrounding the so-called 'love jihad' phenomenon.

Although India lacks a nationwide law regulating religious conversion, several states have enacted "Freedom of Religion" Acts that criminalise forced or induced conversions. Many require individuals to notify authorities or obtain permission prior to converting. Uttar Pradesh strengthened penalties for "fraudulent conversions" in 2020, while Gujarat, Madhya Pradesh and Himachal Pradesh have similar statutes. Chhattisgarh and Rajasthan criminalise conversions performed for marriage or material benefit.

Discrimination extends beyond conversions. Minority-run educational institutions, protected under Article 30 of the Constitution, face allegations of "fraud" ranging from falsifying minority status to misreporting enrollments or violating admission rules.

The Citizenship Amendment Act (CAA) of 2019 further narrows space for minorities. It provides an accelerated path to citizenship for six non-Muslim religious groups from neighbouring countries. Despite over 25,000 applications, only a few hundred citizenships have been granted, suggesting the law functions less as humanitarian relief and more as a tool targeting Muslims, including longstanding undocumented residents. Critics argue that the CAA violates India's secular constitutional principles, concerns amplified by nationwide protests and ongoing legal challenges.

Internationally, these developments have drawn sustained scrutiny. Since 2020, the United States Commission on International Religious Freedom has urged the State Department to designate India as a Country of Particular Concern for systemic violations of religious freedom. Yet Washington has stopped short of doing so, even as it applies the same label to other countries, including Pakistan, for their treatment of minorities. The inconsistency is increasingly difficult to justify.

Whether or not the US State Department acts, a growing international consensus is already taking shape. India's anti-conversion laws, heightened scrutiny of minority educational institutions and measures such as the Citizenship Amendment Act collectively demonstrate a pattern of worsening pressures confronting religious minorities. Alongside the serious communal violence experienced by minorities, often with the connivance of those in positions of power, these detrimental state actions continue undermining the credibility of India's commitment to secularism, equal protection and universal religious freedom.