Manfred Wagner- Bruckner

Nowak, Leopold

doi:10.7767/omz.1983.38.12.732

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“…It also applies to indirect means of coercion, such as tax or social welfare benefits, which would 'impair' the exercise of the right to freedom of religion'. 31 Notwithstanding such assertions, the existence of state 'anti-conversion' laws in India does suggest cultural contingency as to whether freedom of religion equals freedom to change religion. As Iqtidar Karamat Cheema notes, there are fundamental incompatibilities between India's domestic legal code and its international obligations: 'there are constitutional provisions and state and national laws in India that do not comply with international standards of freedom of religion or belief, including Article 18 of the ICCPR'.…”

Section: Introductionmentioning

confidence: 99%

India at the crossroads? Civil society, human rights and religious freedom: critical analysis of CSOs’ third cycle Universal Periodic Review discourse 2012–2017

Chaney

2019

The International Journal of Human Rights

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In order to provide a timely assessment of India's fulfilment of international obligations on religious freedom this article explores the nature and 'issue-salience' of different human rights 'pathologies'. It uses critical frame analysis of the corpus of civil society organisations' (CSOs) submissions to the third cycle Universal Periodic Review (UPR). The findings reveal CSOs' concerns over the weakening of rule of law institutions and restrictions on civil society during the period under study. This has impacted upon the ability of human rights defenders to protect religious freedom. The civil society discourse also highlights a broad range of failings; including communal violence, police malpractice/ judicial shortcomings, discrimination, oppression and incitement. In contrast, the Government's UPR submission fails to acknowledge these issues. In conceptual terms, this disconnect suggests performativity and legitimation are a feature of the post-2014 NDA administration's framing of human rights. It appears to embrace civil society engagement and the promotion of religious freedom in a way that advances political legitimacy, whereas civil society accounts suggest otherwise and point to 'legitimation'or a disjuncture between rhetoric and reality.

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Section: Introductionmentioning

confidence: 99%

India at the crossroads? Civil society, human rights and religious freedom: critical analysis of CSOs’ third cycle Universal Periodic Review discourse 2012–2017

Chaney

2019

The International Journal of Human Rights

View full text Add to dashboard Cite

show abstract

Manfred Wagner- Bruckner

Cited by 1 publication

References 0 publications

India at the crossroads? Civil society, human rights and religious freedom: critical analysis of CSOs’ third cycle Universal Periodic Review discourse 2012–2017

India at the crossroads? Civil society, human rights and religious freedom: critical analysis of CSOs’ third cycle Universal Periodic Review discourse 2012–2017

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