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Asian Institute of Research, Journal Publication, Journal Academics, Education Journal, Asian Institute
Asian Institute of Research, Journal Publication, Journal Academics, Education Journal, Asian Institute

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Published: 04 April 2022

Discriminatory Policies and Laws Target Indian Muslim minorities in the Recent Time: A Socio-Legal Study

Nehaluddin Ahmad

Sultan Sharif Ali Islamic University (UNISSA), Brunei Darussalam

asia institute of research, journal of education, education journal, education quarterly reviews, education publication, education call for papers
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Pages: 1-17

Keywords: Love Jihad, South Asia, India, Religious Nationalism, Hate Speech, Indian Muslim


The article gives a short overview of targeted discrimination against Muslims as minorities in India and the apathy of legal and political agencies to protect them. It suggests that neither of these two perspectives adequately capture the Indian Government’s attention nor cease sufficiently the attention of the international legal order, which has a normative architecture unto its own. This article focuses on the uncertain effect of religious autonomy in India and democracy. The Indian constitution guarantees autonomy to its religious minorities and promises the minorities freedoms but there is a huge gap between constitutional rights and political reality for minorities, especially Muslims. Indian democracy has been weakened by the rise of xenophobic nationalism and threats to religious minorities. Even their safety and religious freedom have been compromised. Muslim women are abused and targeted publicly online. These trends were evident in the last few decades but have dramatically increased in recent years, and the administration has turned a blind eye. In response, the present Union Government of India and its political party attempt to engineer a Hindutva version of lebensraum in India. The radical Bhartia Janta Party government passed discriminatory laws that are eroding the democratic nature of India and undermining its religious freedoms.


A.S.E Trust v. Director, Education, Delhi Adm., Del 207 (1976).
Abraham, D., & Rao, O. (2017). Cow Slaughter Row: Since 2010, 97% of beef-related violance took place after BJP govt came to power. Retrieved January 15, 2022, from
Act, T. C. (2019). No. 47.
Afeef, M. (2020, May 28). Does Law Allow Calls to Boycott Muslims During the COVID19. Retrieved from The Wire:
Ahemdabad St. Xavier's College v. State of Guajrat, SC 1389 (1974).
Ahmed, Z. (2020, April 2). World Asia Hindi. Retrieved from BBC Hindi:
AL-Jazeera. (2021). India: Hindu event calling for genocide of Muslims sparks outrage. Retrieved March 2022, 26, from
Anand, U. (2021). 79 of 86 booked under the new law are Muslims. Retrieved March 26, 2022, from
Arya, D., & Khare, V. (2022, February 11). Trads vs Raytas: The Young Indians spreading hate online. Retrieved from BBC:
Ayub, R. (2019). What a Rising Tide of Violence Against Muslims in India. Retrieved March 26 , 2022, from
Bajoria, J. (2020, April 25). CoronaJihad is only the latest manifestation: Islamophobia in India has been years in the making. Retrieved from Human Rights Watch:
Bhardwaj, A. (2020, April 15). Tablighi chief Saad charged with culpable homicide for the spread of covid19 . Retrieved from The Print: .
Bhiwgade, S. A. (2020, January 21). Right to Freedom of Religion: Articles 25-28 of the Indian Constitution. Retrieved from Pleaders:
Chand, T. (1972). History of the Freedom Movement in India (Vol. 3). New Delhi: Publications Divisions, Ministry of Information and Broadcasting.
Christian Solidarity Worldwide. (2016). Submission to the Third Cycle UPR. New York: United Nation. p. 8.
Citizen Against Hate. (2019). India's Complianve with ICCPR. New Delhi: New Delhi & Quill Foundation.
Citizens Against Hate. (2018). Countering the Silence: Citizens Report on Extrajudicial Executions in Uttar Pradesh and Haryana, India. Citizens Against Hate: New Delhi.
DeHanas, D. N., & Shterin, M. (2018). Religion and the Rise of Populism. Religion, State and Society(3), 177-185.
Desai, S., & Amarasingam, A. (2020, May 26). Covid19 misinformation and anti-Muslim Violence in India. Retrieved from Strong Cities:
Devare, A. (2013). History and the Making of a Modern Hindu Self. India: Routledge.
Firstpost. (2015). India has 79.8% Hindus, 14.2% Muslims, says 2011 consensus data on religion. Retrieved March 26, 2022, from
Frayer, L. (2019). NPR. Retrieved March 26, 2022, from
Friedlander, P. (2016). Hinduism and Politics. In J. Haynes, Routledge Handbook of Religion and Politics (pp. 70-71). Abingdon: Routledge.
Ganai, N. (2021). Why AFSPA in Jammu and Kashmir is not just a defence act. Retrieved December 21, 2021, from
Gentleman, J. (2020). How Delhi's Police Turned Against Muslim. Retrieved March 26, 2022, from
Ghtawai, M. (2018). Indian Express. Retrieved March 26, 2022, from
Giri, A. (2018). The Diplomat. Retrieved March 26, 2022, from
Gowen, A. (2018). The Post's National Desk. Retrieved March 26, 2022, from
Haidar, S. (2020, August 23). Five months on, Tabligh Jamaat cases become diplomatic headache for government. Retrieved from The Hindu:
IANS. (2020, April 3). Foreigners from 41 countries joined Tablighi Jamaat in Delhi amid coronavirus crisis. Retrieved from The New Indian Express:
India Today. (2020, April 2). 960 foreigners linked to Tablighi Jamaat blacklistes, visas cancelled by MHA. Retrieved from India Today:
India, P. T. (2020). European Parliament debates anti-CAA motion, vote delayed till March. Retrieved December 13, 2021, from
India, T. C. (2020). Legislative Government. Retrieved December 19, 2021, from The Constitution of India. 2020.
Indian Express. (2018). UP encounter death No 59: Same chase same story. Retrieved March 26, 2022, from
Jafri, A., & Aafaq, Z. (2021, May 21). Unchecked Tsunami of Online Sexual Violence by Hindu Rights Against India's Muslim Women. Retrieved from Article 14:
Jain, M. (2006). Indian Constitutional Law. Nagpur: Wadhwa Publisher, 5th edition.
Jaiswal, N. (2020, april 17). India Covid19 Crisis used to fuel religous hatred. Retrieved from DW News:
Jaiswal, N., & Jain, S. (2018). NDTV19. Retrieved January 23, 2022, from
Jalal, A. (1994). The Sole Spokesman: Jinnah, the Muslim League and the Demand for Pakistan. Cambridge: Cambridge University Press.
Jalal, A. (2002). Self and Sovereignty: Individual and Community in South Asian Islam since 1850. New Delhi: Routledge.
Ketchell, M. (2020, May 21). India's treatment of Muslims and migrants put lives at risk during Covid19. Retrieved from The Conversion:
Kidwai, R., & Sahar, N. (2020). Observer Research Foundation Covid-19 and Indian Muslims. Retrieved December 23, 2020, from
Kuchay, B. (2020, December 16). India court acquits foreigner over tabligh event during pandemic. Retrieved from al-Jazeera:
Lakshman, S. (2020). CAA, NRC raised during Congressional hearing on global human rights. Retrieved January 15, 2022, from
Majumdar, S. (2018). 5 Facts about Religion in India. Retrieved March 26, 2022, from
Malji, A., & Raza, S. T. (2021). The Securitization of Love Jihad. Religions, 12(12), 1074.
MAM, K., & RB, L. (2021). Emerging Hindu Rashtra and Its Impact on Indian Muslims. Religions, 12(9), 693. doi:
Menon, A. (2020, April 7). Attacks on Muslim in the Name of Covid19 Surge Across India. Retrieved from The Quint:
Menon, G. L. (2020, April 4). The Wire. Retrieved from Covid19 Pandemic: Should You Believe what the models say about India:
Menon, S. (2020, June 30). Coronavirus: The Human cost of fake news in India. Retrieved from BBC:
Mohan, A. (2020, December 16). Tablighi Case: All foreignes freed, court clams police, says no proof. Retrieved from The Indian Express:
Mohan, L. (2020, April 5). Taunted over coronavirus spread after Tablighi meet, Himachal man commits suicide. Retrieved from The Tribune:
Mujahid, S. (2007). Reconstructing the Saga of the All India Muslim League (1906-47). Journal of the Pakistan Historical Society, 55(1/2), 15-26.
Mukherjee, A., Mukherjee, M., & Mahajan, S. (2008). RSS, School Texts and the Murder of Mahatma Ghandi: The Hindu Communal Project. New Delhi: SAGE Publications India.
Mundi, R. B. (2019). Authoritarianism Around the World. Retrieved March 2022, 26, from
Narla, S., & Rajagopalan, S. (2020). The Judicial Abrogation of Rights & Liberties in Kashmir. Retrieved March 26, 2022, from
Pandey, G. (2019). What Happened with Kashmir and why it matters? Retrieved December 2021, 21, from
Pandey, G. (2020). India Love Project: The Instagram account telling tales of 'forbidden' love. Retrieved January 25, 2022, from
Pandey, G. (2021). Sulli Deals: The Indian Muslim women 'up for sale on an app'. Retrieved December 21, 2021, from
Pandey, J. (2006). Constitutional Law of India. India: Central Law Agency, 43rd edition.
Parthasarathy, S. (2016). How Hinduism was Nationalized. Retrieved December 19, 2021, from
Parvez, M., & Hasan, M. (2015). Muslim's Participation in Education and Employment as compared to other Socio-Religous Categories: An Analytical Study. International Journal of Social Sciences and Management, 2(2), 114-118. doi:https://doi/org/10.3126/ijssm.v2i2.12196
Pasha, S. (2022, February 15). Dear Prime Minister, If You Really Stand With Muslim Women, Don’t Tell Us What To Wear. Retrieved from The Wire:
Petersen, H. E., & Rahman, S. A. (2020, April 13). Coronavirus conspiracy theories targeting Muslims spread in India. Retrieved from The Guardian:
PTI. (2020, May 15). Delhi govt to release Tablighi Jamaat members with no covid19 symptoms from quarantine: High Court told. Retrieved from New Indian Express:
PTI. (2020, April 5). Muslim Truckers 'Beaten up' in Aruchanal, Concern over Supplies of Essential Items. Retrieved from News18:
Punniyani, R. (7 March 2022). South Asia Monitor. Retrieved March 26, 2022, from
Qureshi, I. (2022, January 22). Udupi Hijab Issue: The Indian Girls fighting to wear hijab in college. Retrieved from BBC:
Rautray, S. (2020, October 08). Tablighi case: Freedom of speech & expression most abused right in recent times, says SC. Retrieved from The Economic Times:
Rautya, S. (2020, November 17). Demonising Tablighi Jamaat: SC seeks to know mechanism to deal with complaints on TV content. Retrieved from The Economic Times:
Redding, J. A. (2021). A Secular Failure: Sectarianism and Communalism in Shayara Bano V. Union of India. Asian Journal of Law and Society(8), 56-71.
Regan, H., Sur, P., & Sud, V. (2020). India's Muslim feel targeted by rumors they're spreading Covid-19. Retrieved December 23, 2020, from
Saberin, Z. (2018). India: Village mourns death of man killed in cow-related lynching. Retrieved March 26, 2022, from
Sahgal, G. (2020). Hindutva Past and Present: From Secular Democracy to Hindu Rashtra. Feminist Dissent, 19-49.
Saldanha, A., & Madhavapeddi, K. (2018). Our New Hate-Crime Database: 76% of victims over 10 Years Minorities; 90% attacks reported since 2014. Retrieved January 28, 2022, from
Shah, A. (2019). News18. Retrieved January 16, 2022, from
Shani, G. (2021). Towards a Hindu Rashtra: Hindutva, Religion and Nationalism in India. Religion, State & Society(49), 264-280.
Singh, P. (2005). Hindu Bias in India's 'Secular' Constitution: Probing Flaws in the Instruments of Government. Third World Quarterly(26), 909-926.
Singh, V. (2020). 30% jump in 'crimes against state': National Crime Records Bureau (NCRB). In USCIRF Annual Report. New Delhi.
Sinha, C. (2021). India's Interfaith Couples on Edge after New Law. Retrieved December 2021, 2021, from
Slater, J., & Masih, N. (2020, April 24). As the world looks for coronavirus scapegoats, Muslims are blamed in India. Retrieved from The Washington Post: 0792d8591911_story.html
Subramanya, R. (2017). Has India become "Lynchistan"? Retrieved January 15, 2022, from
Taskin, B. (2022, January 20). For Fun, Relasing Frustration: Clubhouse users who made rape threats, slurs against Muslims. Retrieved from The Print:
The Economic Times. (2020, May 3). CM Blames Tablighi Jamaat members for spread of Covid19. Retrieved from The Economic Times:
The Guardian. (2020, March 1). Inside Delhi: beaten, lynched and burnt alive, violence in India's capital has left more than 40 dead. Retrieved from The Guardian:
The Hindu . (2020, March 5). Delhi Violence. Retrieved from The Hindu:
The Hindu. (2018). Uttar Pradesh's encounters: 1000 and counting. Retrieved January 21, 2022, from
The Hindu. (2020). Citizenship Amendment Act may leave Muslims stateless, says U.N. Secretary-General António Guterres. Retrieved March 26, 2022, from
The Hindu. (2020, April 15). Covid19 patients segregated on basis of religion at Ahmedabad Civil Hospital. Retrieved from The Hindu:
The Hindu. (2020, April 4). Tablighi event: Shobha smells 'Corona Jihat'. Retrieved from The Hindu:
The Times of India. (2019). Jammu & Kashmir ceases to be a state; two new UTs come into being. Retrieved December 3, 2021, from
The Wire. (2020, November 18). Covid, Communal Reporting and Centre's Attempt to Use Independent Media as Alibi for Inaction. Retrieved from The Wire:
The Wire. (2020, April 18). Despite criticism, health ministry continues to refer to Tablighi Jamaat in Covid19 briefings. Retrieved from The Wire:
Times, T. E. (2014). Jain community granted minority status by UPA government. Retrieved March 26, 2022, from
Tiwary, D., & Dastidar, A. G. (2019). Lok sabha clears Citizenship Amendment Bill: AMit Shah invokes 'Partition on basis of religion' to defend Bill. Retrieved January 14, 2022, from
UN Human Rights Office. (2019). UN News. Retrieved January 25, 2022, from
USCIRF. (2018). Annual Report 2018. Retrieved March 2022, 26, from
USCIRF. (2019). USCIRF Raises Serious Concerns and Eyes Sanctions Recommendations for Citizenship (Amendment) Bill in India, Which Passed Lower House Today. Retrieved December 15, 2021, from
USCIRF. (2020). Annual Report 2020. Retrieved January 16, 2022, from
USCIRF. (2020). Annual Report 2020, USCIRF - Recommended for Countries of Particular Concern (CPC). Retrieved June 16, 2022, from
Vaishnav, M. (2017). When Crime Pays: Money and Muscle in Indian Politics. New Haven: Yale University Press.
Varma, S. (2018, April 16). Savarkar's sanction to use rape as Political Weapon Sangh Parivar's silent support to the accused in Kathua case derives from their icon Savarkar's exhortation. Retrieved from Newsclick:
Viray, P. L. (2016). Extrajudicial killing a crime under int'l law. Retrieved January 23, 2022, from
Zahler, D. (2009). The Black Death. USA: Twenty-First Century Books.
Zargar, H. (2022, January 25). New Frame, Muslim women in India singled out for online hate. Retrieved from New Frame:

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