Author: PRERNA SINHA, 2nd year B.A.LL.B (Hons), O.P. Jindal Global University
Abstract
This diversity has led to the existence of various personal laws concerning family, inheritance and marriage in different groups of religion.
However, diversity has led to challenges in the form of religious crimes. This article monitors the dynamic relationship between religious laws and the crime commission for/under the title religion. This document also focuses on what could be possible for violent abuse of the fundamental right to religion within the Indian Constitution. In addition, it also causes the recent development of legislation and their consequences for the diverse Indian religious landscape. The contribution is based on a comprehensive analysis of the complexity of religious laws and crimes in India.
Introduction
In modern times, religion has become highly institutionalized. Many academics have long argued and examined its origin. Religion in modern times has taken over a more limited perspective.
Regardless of the location or culture, religion has a significant impact on any aspect of human existence. The most important component of the basic development of human character is still religion. Centres of worship have always influenced people’s lives in different ways and encouraged them to act in a way that is constructive and contributes to maintaining social culture that appreciates the community. Religion took the centre of the stadium in our lives as an important determinant of human behaviour. Religion plays an essential role in our lives and has an impact on each of us one way or another; It’s not just a request. Religion affects our lives at the moral and cultural level.
Religion was an integral part of India. Religion is something that is present in every part of today -to today’s life. The constant reminder of religious diversity among people creating a sense of divergence around us introduced society, sometimes more honest and sometimes unconsciously. In the form of personal laws or inheritance, marriage and even the living type that the child receives, it depends on the religion they profess. This concept is so deeply rooted in our society that it has become an excuse for violence and a tool for a bank vote.
Crimes based on religion that are a myth are a misleading statement. Although it is necessary for all followers of a particular religion committing crime, it is undeniable that throughout history and even in modern times some people and groups of crimes in the name of a religion called “crime against religion” and crime against religion is an act that focuses on the victim because of the hostility of the perpetrator or other religion towards them or a group on the basis of their theological belief or lack of one. Faith and belonging to independent culture can even lead him to the murder of another individual or his entire family.
In July 2022 there was a terrible tragedy in Rajasthan, India, when two Muslims, Muhammad Riyaz Attari and Muhammad Javed murdered the Hindu tailor name Kanhaiya Lal only on the phrase of “Hindi lives”.
Some other important examples could be:
A) BlueStar Operation:
The Indian Army performed the Blue Star operation from 1 to June 10, 1984 to capture the leader Sikh Jarnail Singh Bhindranwale and his supporters who were hiding in Harmandir Sahib, also known as Golden Temple, in Amritsar in Panjab. The aim of the operation was to face the growing separatist movement Sikh led by Jarnail Singh Bhindranwale, who tried to establish an independent state of Sikh in Khalistan. Buildings of the Golden Temple complex, permanent damage.
The attack on the Complex Golden Temple and the subsequent event, including the assassination of the premiere of Indira, Gandhi, launched riots against Sikh in Delhi and other parts of India, leading to the deaths of thousands of Sikhs.
Operation Blue Star remains one of the most sensitive and controversial events in Indian history that has left deep scars on the Sikh community and affected the relationship between Sikhs and the Indian government. There are many controversies, political debates and challenges for responsibility and reconciliation.
b) Kashmir Pandit Exodus in India:
Kashmir Pandit Exodus concerns the forced migration of the Hindu community of Kashmir from the Kashmir Valley in 1990 due to the growing militance and municipal violence. Exodus was triggered by threats, killing and targeted attacks of militant groups that tried to create an Islamic state supported by terrorism sponsored by Pakistan.
Separatist militants released a warning for the Kashmir community Pandit to leave the valley or face the consequences. When she worried about their life and safety, the vast majority of Cashmere Pandits were forced to leave their ancestors and things and flee to other parts of India.
C) Muzaffarnagar riots:
After a series of incidents that caused interdisciplinary hostility in an area known for their ethnic diversity, riots broke out in August 2013. Two young Hinds, Sachin and Gaurav were killed in a heated quarrel in the village of Kawal after attacking and attacking and Muslim youth, Shahnawaz.
Divine Rights: Constitutional Guarantees for Religious Freedom in India
The Indian Constitution guarantees freedom of religion according to articles 25 to 28:
Article 25: Freedom of conscience and the right to freely profess, practice and promote religion.
Article 26: Freedom of religious matters, including the establishment of institutions and manipulation of property.
Article 27: Protection against taxation for promoting any particular religion.
Article 28: Freedom from religious instruction in state-funded educational institutions.
Retribution & Reform: Legal Consequences of Religious Crimes in India
The Indian legal system, which is based on secularism and constitutional protection that protects religious freedom and at the same time adhere to social peace and order, oversees the punishment of religious crimes.
In addition, some countries have specific legal regulations to stop and penalize forced, force or fraudulent religious conversions.
Through various campaigns to raise awareness, educational programs and inter -religious discussions, efforts to support religious tolerance and municipal harmony are also developing. By discouraging religious crimes and encouraging respect for all religions, these politicians seek to create a receiving and peaceful community.
The BNS section that controls religious crimes are:
Section 298 BNS (injury or improving the place of worship with the intention of offending religion of any class): Anyone who has found guilty of destruction, damage or improvement of worship is facing punishment according to section 298 BNS. Any person who intentionally and consciously offends any religion by destruction, damage or pollution of the sacred object faces maximum imprisonment in prison, fine or both. The deliberate and harmful actions were to be offended by religious feelings of the class by disregarding his religion or religious beliefs
Section 299 BNS (intentional and harmful actions, intended to outrage religious feelings of any class by insulting its religion or religious beliefs): According to section 299 BNS, anyone who deliberately offends religious feelings using spoken or written words, signs or visible representations through electronic means, faces up to three years in prison, fines or both forms of punishment.
Section 300 of BNS (Disturbing Religious Assembly): According to Section 300 BNS, anyone who disrupts the assembly that performs religious worship /religious rituals must be punished by one type of imprisonment for a maximum of one year, a fine or both.
Section 301 of BNS (Trespassing on Burial Places, Etc)
According to section 301 BNS, anyone who goes beyond the place of worship and performs storage of funeral ceremonies for the remains of the deceased people
or disrupt those collected for the behaviour of the funeral ceremonies.
To deliberately injure someone’s feelings, they offended someone’s religion or know that someone else’s feelings would probably be injured, one faces a maximum punishment of one year in both types of prison, fine or both.
Section 302 BNS (pronouncing words, etc., with intentional intention to make religious feelings of any person):
Anyone who intentionally offends one’s religious feelings by saying something, making a sound, giving a gesture or giving something before them, facing a fine, a year in prison or both.
The causes of religious violence in India:
The main causes include:
1. Historical tension: Indian past is full of religious and municipal conflicts, confrontation that caused long -lasting wounds and resentment among many religious communities, including invasions, conversions and division.
2. Political exploitation: Political personalities and organizations use religious identification as a means of distributing communities and on the assembly of support sometimes religious feelings for their own goals. Political parties are swinging about local issues and their impact on court cases. Indian politics depends on religion. India has people who have deep beliefs in different religions. A distorted investigation may arise from the membership of political parties with specific communities. Organizations in criminal proceedings may experience pressure on defence of specific groups related to political interest or people, threatening their objectivity.
3. Judicial interpretations: The laws are interpreted differently by different courts, resulting in inconsistent decisions. The government usually disrupts religious behaviour by indirectly burdening relatively unclear religious practice, because the value of free performance of religion is thus widely recognized.
4. Problems with enforcement: Because municipal units usually take place in violent, restless environments, they are demanding to record incidents with accuracy. A rapid increase in violence has the potential to destroy evidence and prevent in -depth investigation because the events were terrible, the testimonies of eyewitnesses are often contradictory.
Witnesses can apply differently because of fear, confusion or trauma, which could make the proceedings more difficult. Local political dynamics may result in intimidation or pressure of testimony, which further threatens the assembly of credible evidence. Influential groups may endanger or put pressure on victims so that they do not respond.
There may be gaps in evidence required for convictions if systematic documentation, including police reports, medical records and official stories, lacks during unrest.
5. Social-economic inconsistencies: When marginalized groups feel excluded or discriminated, economic inconsistencies along religious lines can stimulate hostility and indignation, which can then become violent.
6. Laws relating to religious conversions: These laws often lead to disagreements, accusations of the urge and obstacle to legal management, which makes the situation of religious freedom even more complicated. There are irregularities and misunderstandings, because different Indian states have different laws that control religious conversions. While some states have permissible regulations, others have stricter anti -version.
The person who often wants to convert is carried by the burden of proof that requires them to show that their decisions were made voluntarily and unaffected by external forces. This can be a difficult task.
Like people who change their faith, experience serious social rejection, threats or violence from their communities, which makes them free to watch their religion freely.
Conclusion
Terrorist actions, hate crimes and violence against members of other religions were caused by religious fanaticism, which is caused by incorrect interpretations of religious doctrine. It is the fact that religious fonts and symbols are often incorrectly applied to promote hatred and defence of violent crimes cannot be ignored.
There are documented cases of violence, prejudice and persecution driven by religion in many different places in the world. These crimes include hateful speeches driven by religion, demolition of house worshipers and community unrest and ethnic cleaning.
The condemnation of a particular religion or its adherents does not mean recognizing the existence of crimes based on religion. Instead, it urges group efforts to resist extremist beliefs, solve the basic causes of religious intolerance and develop respect and understanding between vortex.
The Indian judicial system against religion faces many difficulties, such as unclear legislation, political interventions and insufficient victim’s protection. The complexity of inter -communal violence and religious prejudices is often not adequately solved by the non -existence of complex legislation.
Public perception influenced by media narratives is essential in escalation or reducing these conflicts.
While sensational, misinformation and echo development can stimulate hostility and violence, competent journalism can inform and promote mutual understanding between many populations.
Given the substantial loss of lives, homes and loved ones caused by religiously motivated crimes, this problem requires immediate attention. Early religious education for brain development and specialized training for enforcement are two proposed remedies to improve the document and solve these crimes.
FAQs
1. What is meant by a religious crime in the Indian legal context?
A religious crime refers to any criminal act that is either motivated by religious animosity or targets an individual/group because of their religion. It includes hate crimes, communal riots, religious conversions by force or fraud, desecration of religious places, and violence incited in the name of religious beliefs. Such acts are punishable under both general criminal laws (like the Indian Penal Code or Bharatiya Nyaya Sanhita, 2023) and special legislations.
2. Does the Indian Constitution allow religious freedom?
Yes. Articles 25 to 28 of the Indian Constitution enshrine the freedom of religion, including:
Article 25: Right to freely profess, practice, and propagate religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom from being taxed for religious promotion.
Article 28: Freedom from religious instruction in state-funded institutions.
These rights are subject to public order, morality, health, and other fundamental rights.
3. What are some notable incidents of religion-related violence in India?
Some major incidents include:
Operation Blue Star (1984) and subsequent anti-Sikh riots.
Kashmiri Pandit Exodus (1990) due to insurgency and threats.
Muzaffarnagar Riots (2013), triggered by communal tensions and false narratives.
Murder of Kanhaiya Lal (2022) by religious extremists.
Each of these cases reflects the vulnerability of religious minorities and complex communal dynamics.
4. Which provisions of Bharatiya Nyaya Sanhita (BNS), 2023 deal with religious crimes?
The BNS has specific sections addressing religious offences:
Section 298 – Desecration of place of worship.
Section 299 – Outraging religious feelings.
Section 300 – Disturbing religious assemblies.
Section 301 – Trespassing on burial or funeral grounds.
Section 302 – Offending religious sentiments through words or gestures.
These aim to balance freedom of religion with maintenance of public order.
5. Is forced religious conversion punishable by law in India?
Yes. Several states like Uttar Pradesh, Madhya Pradesh, Gujarat, and Uttarakhand have enacted laws to prohibit conversion by force, fraud, allurement, or marriage. However, these laws are controversial and must be applied while respecting constitutional freedoms under Article 25.
6. Why is religious diversity both a strength and a challenge in India?
Religious diversity strengthens India by enriching its cultural fabric and social pluralism. However, it also presents challenges:
Different personal laws for various communities.
Identity politics exploiting religious fault lines.
Communal tensions leading to violence and discrimination.
Hence, the Indian legal framework must delicately balance individual rights with social harmony.
