The present petition under Article 32 of the Constitution seeks intervention in the rising

incidents of violence, discrimination, and persecution of religious minorities, particularly

Christians and Muslims, in India. This is a violation of their fundamental rights under Articles
14, 19, 21, 25, 26, and 29 of the Constitution of India.

The increasing persecution of religious minorities in India, particularly Christians and

Muslims, has raised significant concerns. Various reports and news articles have documented
a surge in violence, discrimination, and systemic harassment against these communities.

1. Persecution of Christians

The Evangelical Fellowship of India's Religious Liberty Commission (EFIRLC) reported 640
verified incidents of violence and discrimination against Christians in 2024, up from 601
cases in 2023. This marks a significant increase from the 147 incidents recorded a decade ago
in 2014. Notably, while over 840 incidents were reported, the commission was able to verify
640 cases.
States such as Uttar Pradesh, Chhattisgarh, Rajasthan, Punjab, and Haryana have emerged as
hotspots for these incidents. Uttar Pradesh recorded 188 incidents, followed by Chhattisgarh
with 150 cases.
The United Christian Forum (UCF) documented 834 incidents of violence against Christians
in 2024, reflecting a significant increase from the 733 cases recorded in 2023. This data
underscores the escalating challenges faced by the Christian community across India.
In 23 of India's 28 states, Christians endure daily discrimination and violence, according to
the UCF. The UCF's "Violence Monitor Report 2024" compiled incidents reported from
January to October through its helpline, highlighting the widespread nature of these attacks.
The EFIRLC's annual report, "Faith at Risk: Examining Violence and Discrimination Against
Christians in India (2024)," emphasizes the unprecedented surge in violence and
discrimination against Christians across India in 2024. The report calls for immediate
government action to address this escalating crisis.
These reports collectively highlight a disturbing trend of increasing violence and
discrimination against Christians in India, necessitating urgent attention and action from both
national and international communities.
 2. Persecution of Muslims

The persecution of Muslims in India has been a subject of concern, with various reports and
news articles highlighting incidents of violence, discrimination, and systemic
marginalization.

Nagpur Violence Over Aurangzeb's Tomb

In March 2025, Nagpur, a city in the western Indian state of Maharashtra, witnessed violent
clashes between Hindu and Muslim communities. The unrest erupted following demands by
Hindu nationalist groups to demolish the tomb of the 17th-century Mughal ruler Aurangzeb, a
figure viewed controversially in contemporary India. The protests escalated into violence,
resulting in injuries to at least 34 police officers and five civilians. Authorities imposed an
indefinite curfew in parts of the city to restore order. The situation intensified after rumors
circulated that religious items, including the Quran, were burned by protesters, further
inflaming communal tensions.

Systemic Discrimination and Marginalization

Muslims, constituting approximately 14% of India's population (around 200 million
individuals), have historically faced discrimination, which experts argue has intensified under
the Hindu nationalist Bharatiya Janata Party (BJP) government. Policies perceived as
discriminatory, such as the Citizenship Amendment Act (CAA) and the proposed National
Register of Citizens (NRC), have sparked nationwide protests and concerns over the potential
disenfranchisement of Muslim communities.

Cow Vigilantism and Social Media

The rise of cow vigilante groups has led to increased violence against Muslims, who are often
targeted based on allegations of cow slaughter or beef consumption. These vigilante groups
have utilized social media platforms, particularly Instagram, to share violent content and
mobilize support. A report by the Center for the Study of Organized Hate (CSOH) identified
over 1,000 Instagram accounts promoting such violence, highlighting the role of digital
platforms in amplifying hate speech and inciting violence.
Historical Context of Anti-Muslim Violence
Anti-Muslim violence in India has deep historical roots, with significant incidents occurring
post-independence. Notable events include the Gujarat riots of 2002 and the Muzaffarnagar
riots of 2013, which resulted in substantial loss of life and displacement within Muslim
communities. These incidents underscore the recurring patterns of communal violence and
the challenges in addressing systemic biases against Muslims.
Collectively, these reports and incidents highlight the multifaceted challenges faced by
Muslims in India, encompassing both immediate threats of violence and broader systemic
discrimination. Addressing these issues requires concerted efforts from governmental bodies,
civil society, and international organizations to uphold the rights and freedoms of religious
minorities.

3. Legal Violations

1. Article 14 – Right to Equality

Article 14 of the Indian Constitution guarantees equality before the law and equal protection
under the law for all individuals. However, targeted attacks against Christians and Muslims,
along with the selective application of laws such as anti-conversion laws, violate this
fundamental right.
 The U.S. State Department’s 2023 International Religious Freedom Report highlights
multiple cases where Indian authorities disproportionately enforced laws against
Christians and Muslims while failing to take action against perpetrators of communal
violence.
 In Uttar Pradesh, reports from the United Christian Forum (UCF) indicate that police
have been reluctant to register First Information Reports (FIRs) against mobs
attacking churches, while swiftly arresting pastors and believers under fabricated
charges of forced conversions.

2. Article 21 – Right to Life and Personal Liberty

Article 21 guarantees the right to life and personal liberty, ensuring that no individual shall be
deprived of these rights except by the procedure established by law. However, recurring
instances of mob violence, lynchings, and arbitrary arrests demonstrate a blatant disregard for
this constitutional protection.
 A report by Human Rights Watch (HRW) details how Muslim men suspected of
consuming or transporting beef were lynched by cow vigilante groups, often with the
tacit approval of law enforcement officials. Many victims were either falsely accused
or arrested instead of their attackers.
  The Nagpur communal violence of March 2025 resulted in widespread injuries, with
at least 34 police officers and five civilians hurt as Hindu nationalist groups
demanded the demolition of Aurangzeb’s tomb. The violent clashes reflect the failure
of the state to ensure security and uphold the right to life.

3. Article 25 – Freedom of Religion

Article 25 provides the right to freely profess, practice, and propagate one’s religion.
However, increasing anti-conversion laws and attacks on religious institutions have restricted
this freedom.
 A 2024 report by the Evangelical Fellowship of India (EFI) documented 640 verified
incidents of violence against Christians, including forced shutdowns of churches,
beatings of pastors, and arrests under anti-conversion laws. The EFI argues that these
laws, in practice, criminalize religious conversion, despite the constitutional guarantee
of religious freedom.
 In Madhya Pradesh, a Catholic school was vandalized after allegations that it was
converting students, despite a lack of evidence. Authorities did not prosecute the
attackers but instead investigated the school’s management.

4. Article 26 – Right to Manage Religious Affairs

Article 26 allows religious denominations to establish and manage their own religious
institutions. However, the increasing restrictions on Christian and Muslim places of worship
violate this right.
 In Uttarakhand, the state government has proposed the takeover of Waqf properties,
restricting Muslim religious institutions' autonomy. This move has been criticized as
an attack on minority rights.
 Reports indicate that at least 14 churches were forcibly shut down in Chhattisgarh
under pressure from right-wing groups, with police complicity. These closures
severely impact the right of Christian communities to manage their religious affairs.

5. Article 29 – Protection of Cultural and Educational Rights of Minorities

Article 29 protects the cultural rights of minorities, ensuring they can conserve their
language, script, and heritage. However, attacks on places of worship and attempts to erase
historical Islamic sites challenge these protections.
 The demolition of Muslim-owned heritage sites in Delhi and Karnataka has raised
concerns over the erasure of Muslim history in India. The demolition of mosques and
dargahs, often justified under development projects, disproportionately affects
minority communities.
  Hindu nationalist groups have launched campaigns to rename towns with Islamic
names, such as Allahabad (now Prayagraj), further threatening the cultural identity of
Muslim communities.

4. Judicial Precedents Supporting the Protection of Religious Minorities

Indian courts have repeatedly upheld the fundamental rights of religious minorities and taken
a firm stance against discrimination, violence, and state inaction. Several landmark cases
provide a strong legal foundation for challenging the persecution of Christians and Muslims
in India:
A. Tehseen Poonawalla v. Union of India (2018) – Against Mob Lynching and Vigilantism
 In this case, the Supreme Court of India explicitly condemned mob violence and
lynching, particularly targeting religious minorities in the name of cow protection.
 The court issued guidelines to prevent mob lynching, including fast-track trials, strict
law enforcement, and victim compensation schemes.
 Despite this ruling, vigilante groups continue to attack Muslims accused of consuming
or transporting beef, with many perpetrators enjoying impunity.
 A 2023 report by Human Rights Watch documented over 90 cases of cow-related mob
lynchings since the ruling, underscoring the failure of law enforcement to implement
the court’s guidelines.


B. K.S. Puttaswamy v. Union of India (2017) – Right to Privacy and Protection from
Surveillance
 The Supreme Court recognized privacy as a fundamental right, reinforcing protections
against targeted surveillance and discrimination.
 This case is crucial in the context of increasing state surveillance of religious
minorities, including the collection of personal data from mosques, churches, and
religious institutions.
 In 2024, reports emerged that the Uttar Pradesh government had compiled detailed
databases of Muslim clerics and Christian pastors, citing “anti-conversion”
monitoring. This raises concerns of unconstitutional profiling and potential misuse of
private data to target minorities.

C. Shafin Jahan v. Asokan K.M. (2018) – Freedom of Religion and Right to Choose Faith
  This case upheld the right of an individual to freely convert and practice a religion of
their choice.
 The court ruled that state interference in personal faith choices is unconstitutional,
setting a strong precedent against anti-conversion laws that restrict religious freedom.
 However, in states like Gujarat, Madhya Pradesh, and Uttar Pradesh, new anti-
conversion laws have been passed in defiance of this ruling, with over 300 people
arrested under these laws in 2023 alone, mostly Christians and Muslims.
 A United Nations special report (2023) called for India to repeal these laws, citing
them as discriminatory and in violation of international human rights norms.
D. Indra Sawhney v. Union of India (1992) – Protection Against Discrimination
 This case established that social and educational backwardness, not just caste, can
determine the need for affirmative action.
 It is relevant in the context of economic discrimination against Muslims, who,
according to the Sachar Committee Report (2006) and the 2023 National Economic
Survey, remain one of India’s most disadvantaged communities in education,
employment, and access to government welfare.
 The 2024 annual report by the National Commission for Minorities found that Muslim
job applicants faced significantly higher rejection rates in both private and public
sectors.

E. S.R. Bommai v. Union of India (1994) – Secularism as a Basic Structure of the

Constitution
 The Supreme Court ruled that secularism is a fundamental part of India’s
constitutional framework, and that any government promoting religious
discrimination can be dismissed.
 This ruling is particularly relevant today, as multiple state governments have
introduced policies that directly target religious minorities, such as bans on hijabs,
restrictions on halal meat sales, and government takeovers of minority-run
educational institutions.
 In 2023, Karnataka’s hijab ban in schools was challenged in the Supreme Court, with
petitioners citing the Bommai ruling to argue that such policies violate India’s secular
framework.