Statement by India under Agenda Item: 3 Interactive Dialogue with SR on Freedom of Religion and Belief in the 43rd Session of the Human Rights Council (24 February – 20 March 2020), delivered by Mr. Vimarsh Aryan, First Secretary, Permanent Mission of India, [Geneva, 02 March 2020] Statement by India under Agenda Item: 3 Interactive Dialogue with SR on Freedom of Religion and Beli..

Statement by India under Agenda Item: 3 Interactive Dialogue with SR on Freedom of Religion and Belief in the 43rd Session of the Human Rights Council (24 February – 20 March 2020), delivered by Mr. Vimarsh Aryan, First Secretary, Permanent Mission of India, [Geneva, 02 March 2020]

Madam President,

We thank the Special Rapporteur for the presentation of the report that focuses onviolence and discrimination faced by women and LGBTI in the name of religion or belief. 

2. We are of the view that freedom of religion or belief and non-discrimination are two mutually reinforcing rights. India has put in place the legislative framework and the administrative apparatus to ensure that no individual is discriminated on the basis of religion. In this pursuit, India has taken a series of affirmative actions since its independence to eliminate all forms of discriminations including gender-based violence and harmful practices against women. It may be noted India adopted transformative legislation recently to ban “Triple Talaq”. The Supreme Court of India has been passing judgements to ensure equal religious rights as guaranteed in the Indian Constitution.

3. The Supreme Court of India decriminalized adult consensual same sex relationship in 2018. It also directed the Government to declare transgenders as third gender in 2014. Subsequently, the Indian Parliament has also passed "The Transgender Persons (Protection of Rights) Act in December 2019 to prohibit discrimination against a Transgender. The Act would now recognize the identity of a Transgender as a third gender while conferring upon them all rights and freedoms as enshrined in the Indian Constitution.

Madam President,

4. India has been the birthplace of four religions while another four major religions of the world became part of India’s composite culture centuries ago. India has always served as a refuge for groups that have encountered persecution elsewhere. The freedom of religion conferred by our Constitution is not confined to citizens of India alone but extends to all persons either in their individual capacity or on behalf of some institution.

I Thank you, Madam President.