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PERMANENT MISSION OF

INDIA TO THE UNITED NATIONS OFFICE GENEVA srATEllENT BY I{R. s-s.

Alrr,trwArrA; MEMBERoF pARr,rA}rENT

ANO .ALTENNAIN LtrANER OF THE TNDIAN

DELEGATION

TO TIIE

45TH SESSION OF TIIE HUMAN RTGHTS COMMISSION UNDER AGENDA ITEM 22.

GENEVA, 27 FEBRUARY, 1 989

I"1r. Chairman, On assumption to

nation

the

of

implies effort

basis

and the I

would

secularism,

the

belief,

freedom of

all"

includes

the

practice

public

or

are a

of

people

of

to

enforce

India

rights

the

intrinsic

to

to

the ml^ ^

India

in

of

by

The different and these

a

the

expression, to

all one of

is

can exercise

to

customary religions, protected. fundamental

This

to his

and

customs

the

codified

and

of

the

personal

individuals

rights

in

and faiths

beliefs The

manage freedom

others

with

the

profession'

free

and'freedom

community

its

Constitution. and

and

secular

thought'

religion

religion

according

be

guaranteed

conscience of

to

of

are

freedom

of

or

guaranteed

is

belief

guaranteed

religion.

fulIy

right

of

private,

democracy

of

The individual

individually

Indian

of

law and prot.ection

worship

freedom

either

Iaws

an active

involves

of

liberty

where

and

affairs.

respective

It

It

commitment

declares

and propagation

religious

nationhood.

democracy.

India

rights

fundamental

Gandhi,

Ivlr. Chairman,

or

true

The right

citizens.

Rajiv

diversity.

in the

religion

Republic faith

address

quote):

our

foundation

unity

the

of

democratic

very

of

of

Constitution

of

tolerance.

reaffirm

rule

Freedom of development

bedrock

the

to

religious

of

the

India's

of

like

first

harmony." is

secularism

very

(and I

stated

more than for

his

November 1984, Mr.

India

is

"Secularism

in

office,

12th

on the

the Prime Ivlinister

This

of

by

have

reference

2/-

even

to

the

independent

Supreme Court

of

judiciary

India,

in

India,

the

in

apex

the

body

event

of

of

the

thei_i

violation. The rights and

the

law

and

public

right

to

are

buttressed

opinl-on. establish

or

charitable

of

religio - tn .

property with

and freedoms

and

own

to

insti.tutions

movable property

such

for

o r ^ / na f f a i r s

acguire

administer

press

vigilant

denomination

manage its

and

a

Constitution

the

religious in

and in

has

matters

immovable accordance

1aw.

and conscience. all

faiths

and betiefs

opportunities

itself

to be attached

the

status

Constitution then

those

feel

that

secularism

A secular

egual

it

to

by the by

religious

and maintain

We understand

-t

further

Every

purposes, to

enjoined

of

to

the

believed who did

state

are

and

where

state that

rights"

constitutional

provisions

Lhe

if

has and

the to

to the

religion

us means a state equally state

religion.

they had equal state

to

any one faith

belong

the

mean freedom of

honoured

not

WhiIe

to

where

and are does

not

or religion

given a11ow

by giving

The framers of the ry state adopted 1 religion

that

religion

guarantee right

rights to

Iegal

3/-

would

not

through remedy,

people must also

the

/

d.if f erent

of

others

rights

that

it

shall

India

to

of

be

has

belief

an

was

in

Discrimination the

Practices"

e

of

exercise

forms of

intolerance

by

and of

a

legally

delegation

would like

to

see that

My

delegation

is

Declaration

prepared

by

"Implementation All

Forms of

ReIigion

or

has

the of

the

and

whj-ch

fact

the

widely

Special on

long on all

that

instrument'

the

the my

implemented. the

interest

with

read

Declaration

Intolerance

is

it

and

Rights

two-decade

binding

Commissisonrs

Belief"

"Study

based on religion

Despite

not

was adopted

a

discrimination 1981 .

belief

the

on

Religious

undertook

in

or

of

that

Krishnaswamy'

Arcot

Mr.

end of which the Declaration

the

at

drafting

put

to

reca1I

briefly

Sub-Commission

Nations

United

declaring

humanity

of

to

Matters

the

this

and discrimination.

like

the

was in

It

19 November 1946,

undertaken

study

human

of

causes

world.

interests

would

Rapporteur

Special

on

religion

on

General -Assembly had adopted

persecution

delegation the

following

as

higher

the

end to religious My

of

in

the

of

diversities"

based

eternal

the

Nations

aS early

resoluti.on, it

parts

United

the

that

of

one

common

transcending

sectj-onal

discrimination

and

been

India

of

or

and regional

citizen

of

spirit

the

and

peoples

the

a1l

several

in

suffering

that

harmony

enj oy

enjoins

of_ every

duty

allow

fu11y

Constitution

The Indian

fundamental

promote

Intolerance

a

and persuasJ-ons to

linguistic

religious,

context

f aiths

the

among

brotherhood

or

committed

and freedoms.

their

to

tolerance

to

remain

report

Rapporteur

on

Elimination

of

of

Discrimination

is

contained

in

.....4/_

based

on

document

We have noted

E/CN.4/1989/44. one

hand

incidents

with

the

provisions

of

AIl

on

Religion

the

Forms

world

genuine

this

combat

introduce

phenomenon of

the

has

belief

it

always

cannot

guarantee

best

intolerance

specific

of

be

efficient within

Iimits

his

r

by

and the

l-

ur)

interdenominational

part

with

it.

regard

sphere

can

of

the

although to

to

religion

the

express

and

within

the

risk

without of

be

institutions,

freely

law,

the

tolelrance

seems to

the

friction

attests

isolation;

in

convictions

the

note

and manifestations,

and

at

to

We agree

that

conducive

inegualities

remove

and

the report:

implementation

reduce

to

measures

beliefs

on the

democratic

of

individual

out

set

harassment,

.i l-1^

the

which

him

considered

this

functioning

manifest

1:urr!!rs

in

by

.to resolve

features

a climate

understanding

happy

considers

Rapporteur

other,

measures

appropriate

however,

of

regions

internationally

problem

this

Based

and on the

forms,

vievrs expressed in

Special

"The

aII

collected

community and others

follOwing

and

in

nearly

implement

We are,

Elimination

Discrimination

made

information

interest

international

(&

anq

scourge.

a definite

or

being

on the

inconsistent

on the

of

in

varied

extremely

that

and

that

actions

Declaration

persist

are

conclusion

the

the

Belief

efforts

to

with

of

conclusion

governmental

Intolerance

and in

to

to

of

or

nationally

hj-s

and

his

of

socio-economj-c

and, root

as

far

sources

and tensions."

Fl a/-

as of

Special

recommendations My delegation

towards

sensitive I -,

in

future

considered

the

wourd like

recommendations that

Rapporteur

and

state

that

made

of

in

decided

this

we wirr

upon

nature

area by

of

I"lr. Chairman.

the

must

consensus, exercise.

certai-n

his

report.

study

We would

action

you,

conclusion

detail

and difficult thank

to

has

also

be

these submit

carefurry given

the