The defense of religious freedom around the world is a U.S. foreign policy initiative upheld by successive administrations since the passing of the 1998 International Religious Freedom Act (IRFA). Supported by various religious constituencies that advocate for the freedom of religion of like-minded individuals across borders, the U.S. government engages with foreign governments, human rights groups, and NGOs to preserve an individual’s right to freedom of religion or belief. Their results, however, are mixed, especially in diverse contexts where religious rights are deeply contested. This paper explores the advocacy effort in response to the Government of India’s crackdown on the inflow of foreign funds to NGOs, many of which are faith-based. Using the revocation of the Foreign Contribution Regulation Act (FCRA) license of faith-based NGO Compassion International as a case study, this paper finds that U.S. involvement in defense of religious freedom meets counter-narratives. These counter-narratives include the preservation of state sovereignty, the protection of national interest, and the privileging of religious tolerance over religious freedom.

Freedom of religion is a constitutional right in India, but this religiously diverse democracy regulates religion in several ways, including enforcing religious personal laws, regulating religious minority educational institutions, monitoring conversions, limiting religious appeals during political campaigns, and outlawing acts that outrage religious feelings. The 42nd constitutional amendment in 1976 added the word “secular” to the Indian constitution, which provides a distinctive model of religion-state relations and regulation that is rooted in historical struggles with colonial rule and abundant religious diversity. The “personal law” system grants major religious communities distinct family laws. Religious minorities have regulated autonomy in the sphere of education based on constitutional commitments to minority colleges and educational institutions. The religious freedom clause in the Indian constitution is one of the most comprehensive in the world, yet several state-level “freedom of religion” acts prohibit “forcible” or “induced” conversions. Affirmative action or “reservation” policies also necessitate regulating conversions, as low castes lose their eligibility upon conversion to Islam or Christianity. Appealing for votes on the basis of religion or caste is a “corrupt practice.” A colonial-era statute continues to outlaw “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Constitutional and state regulations of cow slaughter also protect the religious beliefs of some Hindus. Whether defending “religious freedom” by limiting conversions, or criminalizing insults to religious beliefs, laws in India to “protect” religions and religious persons at times threaten the practice and expression of diverse religious perspectives.

No abstract

No abstract

No abstract