International Journal of Interreligious and Intercultural Studies (IJIIS) ISSN: 2654-2706, Volume I, Number 1, October 2018

DERAILMENT OF RELIGIOUS FREEDOM: A STUDY BASED ON THE CONSTITUTIONS OF INDONESIA AND INDIA1

Roy Vettikuzhiyil Joseph Philosophy Department Ponti›cal Athenaeum and Christ University, Bangalore

Introduction the people positively or negatively. I , being the largest democracy would like to analyze the background and Indonesia, being the third largest of the Constitutional articles on democracy in the world, have signi›cant religious freedom. How do the drafters role in their basic attitude toward of the Constitutions conceive of religious freedom among the world religious freedom in their respective nations. Based on the Constitutions of countries? What were their dreams the both countries, this study focuses and aspirations when they drafted each on the religious freedom and its article regarding the religious freedom derailment in many ways. Religion in the Constitution? How much are they plays a vital role in the society in implemented or realized? moulding and building the civilization The gist of the religious freedom and humanity whether people accept in Indian is clearly mentioned in the it or not. It can affect the growth of preamble of the Constitution. The Preamble of Indian Constitution reads as follows: 1 I would like to thank Paulus Widjaya and Dicky {}Bv }( L/w{ (}Œ šZ]Œ ]v•]PZžµo }uuvš• v WE, THE PEOPLE OF INDIA, Œ]Ÿ]•u• }v šZ Œo]Œ ÀŒ•]}v }( šZ ŒŸoX L Á}µo having solemnly resolved to constitute o•} o]l š} lv}ÁoP šZ PvŒ}µ• •µ‰‰}Œš }( šZ India into a 1[SOVEREIGN SOCIALIST Üv]š .}Œ (}Œ /ZŒ]•Ÿv I]PZŒ 9µŸ}v ]v !•] ~Ü./I9!• v a]••]}U ÁZ]Z Á• P]Àv š} u oo šZ• SECULAR DEMOCRATIC REPUBLIC] ÇŒ•X and to secure to all its citizens: JUSTICE,

71 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India social, economic and political; LIBERTY Indonesia, being the largest of thought, expression, belief, faith and archipelago in the world, one of worship; EQUALITY of status and of opportunity; and to promote among them the most ethnically and culturally all FRATERNITY assuring the dignity of heterogeneous nations in the world, the individual and the 2[unity and integrity plays a vital role today in all spheres of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of of life. More than three hundred ethnic November, 1949, do HEREBY ADOPT, groups coexist with at least two hundred ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.1 and ›fty languages spoken in this vast archipelagic country. Therefore, Subsequently, Articles 25 to Indonesia is rich as well as diverse in 28 elaborate the legal principles of its culture, tradition and beliefs. It is religious freedom in detail. Here, always a bone of contention to unite the word “secularism” is of great all these diverse factors under one importance. It is the state ideology. umbrella. Prior to the independence Secularism here means the complete of Indonesia, different groups formed neutrality toward religions. Respect nationalist movements, some along toward all religions, and ultimately religious lines. However, some Western- guarantees non-discrimination of people educated nationalists like Sukarno by the state on the basis of religious stood ›rmly against the trans-Islamic differences. Indian secularism is based ideology. They promoted freedom not on the concept supposedly used ›rst based on any religious ideology, but by Mahatma Ghandi of Sarva Dharma took into account the different existing Samabhava, which means guarantees faiths in Indonesia. As a result, the equal treatment and respect of all nationalist movement did not identify religions. Indian religious ideology nationalism with Islamic ideology. is not by any standard an exclusive As a result of the relentless efforts one. It upholds the principle of social by the nationalists, Indonesia realized inclusion. India welcomed many its independence and was successful religions to its land, and provided in building a consensus on a national conducive atmosphere for their growth. Constitution. This is despite hardliners It is the homeland of many religions, wanting to Islamicize the Constitution, although they may not be as popular and how they argued fervently for as Hinduism in India at present. Every it along the process. However, the citizen of India is provided the right to great visionaries of Indonesia made practice and promote his or her religion a Constitution based on Pancasila peacefully. (Five Main Principles), and made it the sole foundation of the nation and 1 ÇZ /}v•ŸšµŸ}v }( Lv]U ‰Xí ~}Œ]P]vo u‰Z•]• (Œ}u µšZ}ŒU ]š}Œ•X

72 Roy Vettikuzhiyil Joseph state ideology.2 According to Paul acts, such as liquor consumption and Marshall, “The disagreement about gambling, or for omitting required acts, religious freedom in Indonesia are for instance, the use of headscarf for usually sharper than most, with reports women, hudud and qisas penalities and depicting an increasingly violent and Islam both as a basis of the state and as repressive country and other stressing a system governing the country.”5 extensive coexistence and harmony.”3 The ›rst Indonesian Constitution In spite of all these efforts, hidden or was drafted between May and August sometimes very evident, expressions of 1945. The Japanese initiated the of radicalization of religion are taking drafting process just three months place in both countries. before their surrender to the Allied Forces.6 They constituted a committee Islamization in Indonesia of 62 members. The main debates in Islamization is not a process by the committee revolved around the which its proponents try to convert role of Islam in the new state. The people from their previous beliefs to dispute involved Islamists, who wanted Islam, but rather to replace a secular- Indonesia Into be an Islamic state and based government with a government the nationalists who wanted to have grounded in the doctrines of religion an all-inclusive national identity than and to bring about a new society an exclusive Islamic identity.7 Much wholeheartedly committed to the discussion and debate went on, before teachings of Islamic Shari’a in their they ›nally bridged their differences by totality.4 They try to make Shari’a as introducing Pancasila. The preamble to a foundation of the state, and thereby the 1945 Constitution of independent hoping to Islamicize the country. This is Indonesia contains an ideological tenet possible only by implementing Shari’a, called Pancasila.8 It is composed of ›ve so that the whole spheres of life could principles, namely; belief in One God, be controlled and regulated by Islam. humanity that is just and civilized, unity According to Arskal Salim, there of Indonesia, democracy guided by the are ›ve areas where Shari’a ccould wisdom of representative deliberations be applied, namely “family issues, and social justice for all Indonesians.9 ›nancial matters, tazir (discretionary punishments) for committing prohibited ñ L]U ‰XðòX î {i(Œµ]v tŒÁ]ŒvPŒU tv•]o • šZ •}o ò Ivv [uŒU ^tŒu]••]À }v•ŸšµŸ}v•U (}µvŸ}vU ]v Lv}v•]U b}Xïô ~hšU íõôð• ‰ óð u}ŒÇU v Œo]P]}µ• (Œ}u ]v Lv]U Lv}v•]U L•Œo v ǵŒlÇ_X Lv í}Œo t}o]Ÿ•U ‰XíóX ï tµo aŒ•ZooU ^ÇZ u]Pµ]Ÿ• }( Œo]P]}µ• (Œ}u ]v Lv}v•]_X Lv wÀ]Á }( C]šZ v ó L]X LvšŒvŸ}vo !+]Œ•U ë}oXíò~í• îìíôX ô IǵvPrWµv Y]uU ^ÇZ /ZvP]vP LvšŒ‰ŒšŸ}vW ð !Œ•lo {o]uU /ZoovP]vP šZ {µoŒ {ššW ÇZ wo]P]}µ• (Œ}u ]v Lv}v•]_X Lv W}µŒvo }( L•ou]ÌŸ}v }( [Á ]v a}Œv Lv}v•]U Üv]ÀŒ•]šÇ }( {}µšZ•š !•]v {šµ]•U ë}oXîõ~î• {‰ íõõôW ‰XïñóX IÁ][] tŒ••U îììôW ‰XðñX õ L]

73 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India

It is largely viewed as Indonesia’s state Islamist groups, and demanded an ideology and principle of social life. outer and inner form of Islamization. The Islamization is not a new Their efforts include the formation of invention but has been in the innermost Islamic political parties, give Shari’a thoughts of the hardliners. This has a constitutional status, promulgating become clearer once Indonesia became Islamic regulations in some regions independent. It is done through the and localities, demanding Islamic reassertion of an identity, which was morality in public life and pushing for the most part suppressed during the full recognition of Islamic holidays colonial period.10 The ›rst of this type and events. They also showed strong of Islamization can be seen in the early solidarity with other Muslim nations, 1930‘s when some Muslim ›gures like and expressed a commitment as devout Ahmad Hassan and M. Natsir criticized Muslims who practice Islam in all the lack of Islamic elements within the aspects of human social relations movement for Indonesia’s independence through attempts, for instance, at the led by the nationalist leaders such as introduction of the Islamic penal law Sukarno. and the establishment of the Caliphate. An attempt to Islamize the social Hardline Muslims demanded for life came about between 1968 and Islamic nationalism, the nationalists 1998. By Islamizing the social life, rejected their demand arguing that, the Muslim identity became stronger. “Islam cannot be the basis of the When the Islamic leaders realized how nationalist movement since Christians, dif›cult and challenging it was to make Hindus, Buddhists and even animists an Islamic state in Indonesia, they were involved and would not support intensi›ed preaching and published a movement intended to favour Islam great number of Islamic books. The and place themselves in a subservient Islamization of society gained its position.”12 Nationalist groups insisted momentum only after the New Order on a religiously neutral state. The government suspended all discussions logic behind such a claim from Islamic regarding the so-called “Jakarta group was based on proportionality of Charter” at the end of 1960’s and fused Muslims and their sacri›ce for freedom all Islamic parties into a single party and independence. They also thought in 1973. The Suharto government also that it was unfair to equate almost imposed Pancasila as the sole ideology 90 per cent Muslims to 10 percent of all political parties by the 1980’s.11 of non-Muslims. Thus, it was argued It promoted an identity among that a higher degree of freedom and upper hand of religious practices for íì {o]u ~îììô•U ‰XðôX 11 L]U ‰Xðõ 12 L]U ‰Xñð

74 Roy Vettikuzhiyil Joseph

Islam should be protected by the new In order to make a compromise government. Though trying their best to between nationalist leaders and Islamic implement the Islamic ideology in the leaders, nine leaders from different new nation-state of Indonesia, they did groups had a meeting and came to a not succeed completely. compromise. The nationalists group There were many discussions had assurance from Islamic group prior to independence regarding the that the state of Indonesia would not nature of the new independent state. be based on Islam, while the Islamic Should Shari’a be implemented in the group received a concession from the Constitution? Hatta at this juncture nationalist group that the practice of supported a secular law over a Quranic Islamic Shari’a would be obligatory one. Leaders such as Muhammad for Muslim citizens. This compromise, Yamin, Soepomo and Soekarno, later well known as the Jakarta Charter, etc., strongly argued for an inclusive constitutes the seven words “dengan Constitution, which included everyone kewajiban menjalankan syariat Islam irrespective of their religion. Soepomo bagi pemeluk-pemeluknya” (with the explained what a non-Islamic state of obligation for adherents of Islam to Indonesia would look like. Here, one practice Islamic Shari’a) inserted in could only appreciate the educational the formulation of the Pancasila as part backgrounds of the nationalist leaders, of the preamble of the Constitution of who had strong convictions about 1945. However, on the day after the Indonesia and the various faiths independence on 18 August 1945,14 embraced by the people. Many of them due to certain political and religious were exposed to Western education considerations, when Soekarno declared and were aware of the secular values of the new Constitution, the seven words the modern nation-states. It is thus no were deleted from the Constitution. wonder that they supported a unitary Though the Islamic group demanded model for Indonesia. Soepomo said: for reserving post of president only “If an Islamic state were created in for Muslims and Islam as the of›cial Indonesia then certainly the problem of religion of Indonesia, the nationalist minorities will arise, the problem of small religious groups of Christians and others. group won over the hardline stand of Although an Islamic state will safeguard Islamic groups. When one analyzes the interests of other groups as well as the entire episode through the lens of possible, the smaller religious groups will certainly be unable to feel involved in the secularism, the nationalist group clearly state. Therefore, the ideals of an Islamic won over the hardline Islamic camp. state do not agree with the ideas of a unitary The Constitution of Indonesia state, which we have so passionately looked forward to.”13 Article 28E clearly envisage speaks

íï L]XU ‰XòîX íð L]XU ‰XòðX

75 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India about the religious freedom in minorities to get of›cial approval Indonesia. It states, “Every person from the local community to construct shall be free to choose and to practice or renovate house of worship.18 The the religion of his/her choice … Every law makes dif›cult for minorities to person shall have the right to the establish their worship places among freedom to believe his/her faith, and to the majority. Most of the time it is express his/her views and thoughts, in dif›cult to get approval from the accordance with his/her conscience, and majority group. So, it has a negative every person shall have the right to the effect on restricting houses of worship freedom to associate, to assemble and to and increasing religious segregation.19 express opinions.”15 Article 29(2) states Marshall (2017) provides a number of that “the state grantees all persons the examples, which proof the violation of freedom of worship, each according to religious freedom. “September 2016, his/her own religion or belief.”16 after protests by residents who opposed In the following section, I would the Pasar Minggu Protestant Church in like to mention some of the ways south Jakarta, local of›cials declared in which the religious violation of that the Church lacked proper permits religious freedom in Indonesia takes and must close.”20 place. Instances of religious intolerance In 2016 April, Muslim hardliners and violation of religious freedom in Bekasi, east of Jakarta, closed the increased in Indonesia recently although Santa Clara Catholic Church only weeks there are efforts to curb it from the after it had opened. In spite of having broadminded leaders of the country. the permits, the local government and The Setara Institute, a Jakarta based police did not prevent the closure. organization that monitors religious Dispute over the permit can also lead to freedom reiterates that an increase in mob violence. In October 2015, a mob acts of religious intolerance from 236 attacked and destroyed 11 Christian in 2015 to 270 in 2016 and religious Churches in the Aceh Singkil District freedom violates rose from 197 to in the province of Aceh and thousands 208.17 Indonesian legal system often of Christians fied into the neighboring perpetuates discrimination against province of North Sumatra.21 The religious minorities indirectly. It is emphasis here is the indirect violation mainly through the law, which regulates of religious freedom. It violates the the house of worship, which requires religious freedom enshrined in the

íñ !Œš îô 9U ÇZ íõðñ /}v•ŸšµŸ}v }( šZ w‰µo] }( Constitution of Indonesia Articles 28 Lv}v•]X íô L]X íò !Œš îõ ~î•U ÇZ íõðñ /}v•ŸšµŸ}v }( šZ w‰µo] }( Lv}v•]X íõ { aŒ•Zoo ~îìíó•X íó Z©‰•WllZŒÁX}ŒPlvÁ•lîìíólìîlìîl]v}v•]r îì L]X Œo]P]}µ•ru]v}Œ]Ÿ•rµvŒršZŒš 21 L]X

76 Roy Vettikuzhiyil Joseph and 29. some Muslim clerics. “The semi- Another way in which violation of›cial Indonesian Council of Ulama of religious freedom is taking place (MUI) issued a fatwa accusing Ahok under the banner of blasphemy law of blasphemy, and the radical FPI, contained in the Article 156 and 156(a) who have attacked Muslim minorities, of the criminal code and in the 1965 churches, and nightclubs, called for Presidential Decree (No.1/PNPS/1965) demonstration demanding that he be on the prevention of blasphemy and tried and imprisoned.”23 On May 9, abuse of religion.22 Article 156(a) 2017, he was sentenced to two years in states that “who purposely express prison by ›ve Judges. There are many their views or commit an act that examples of this kind can be cited principally disseminates hatred, misuses from the history of Indonesia. Minority or defames a religion recognized groups such as Shi’a, Ahamadiyah, in Indonesia, face at maximum ›ve Gafatar, etc., have constantly been years of imprisonment.” Those targeted as victims of discrimination provisions have been enforced almost and violence by some groups. exclusively in cases of alleged heresy Hindutva or blasphemy against Islam and have Ideology in India been increasingly used by radical If Indonesia faces fundamentalism groups to undercut their opponents and from Islamic groups, in India, the marginalize minorities. threat is from Hindus. To understand On March 21, 2016, Donald Indian fundamentalism, we need to Ignatius Suyanto, a resident of understand Hindutva and its exclusive the Hindu majority island of Bali mentality and Gandhi’s inclusivism questioned the integrity of Islamic and his concept of Sarva Dharma Shahada. He was arrested for Samabhava (equal treatment toward blasphemy after having complaint all religions). Gandhi did not separate from some Muslims. The most famous religion from politics.24 Gandhi brought incident related to blasphemy law religious ethics to politics, whereas happened recently in the case of former Savarkar, who was the early proponent Jakarta Governor Basuki Tjahaja of Hindutva ideology, developed it Purnama, known popularly as Ahok. into a form of political militancy. During a public meeting he quoted the He infused political militancy into Quranic verse of the al-Maidah 51, religious communities. “In spite of which warns Muslims against taking its pretention to be nationalist and Jews or Christians as allies, which was subsequently misinterpreted by îï L]X îð wµ}o( /X IŒ]U ^DvZ][• I]vµ]•u v {ÀlŒ[• I]vµšÀ_X Lv 9}v}u] v t}o]Ÿo íloÇU 22 L]X ë}oXðð~îõ• WµoÇ íôrîðU îììõW ‰XòîX

77 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India modern, its militant chauvinism and value of ahimsa. He rede›ned Hinduism authoritarian fundamentalism make as a path of service. For Gandhi, God Savarkar’s Hindutva the antithesis is truth and says that truth is God. He of Gandhi’s Hinduism.”25 The word also upholds the idea of non-violence Hindutva gained more circulation in his religious understanding. Gandhi after it appeared as a title of a book says, ‘Ahimsa is my God and truth is written by V.D. Savarkar, published in my God. When I look for Ahimsa, truth 1923. Savarkar and Gandhi are the two says, “Find it through me.” When I look proponents of two distinctive forms for truth. Ahimsa says, “Find it through of Hinduism.26 Once S. Radakrishnan me.”29 asked Gandhi, what is your religion? Gandhi did not separate religion For that Gandhi replied, “My religion from politics. He stressed the religious is Hinduism which, for me, is religion ethics to politics rather than political of humanity and includes the best all militancy into religious communities.30 the religions known to me. I am being Whereas Hindutva de›nes India as led to my religion through Truth and Hindu and try to include all religions non-violence, i.e. love in the broadest to be Hindus. It is a very narrow and sense.”27 exclusive de›nition of Hinduism. In his book Savarkar de›nes Gandhi was always aware of the fact Hindus as one who regards the entire of the existence of multiple dimensions subcontinent as his motherland/ of truth. He could understand various fatherland, is descended of Hindu faces of truth. He had strong faith in the parents and considers this land concept of Sarvadharma samabhava. holy. Thus three essential elements The banner of Hindu nationalism of Hindutva are a common nation, is carried by three organizations, a common race and a common namely RSS- Rashtriya Svayamsevak civilization.28 Savarkar’s Hindutva Sangh, Vishwa Hindu Parishad (VHP) includes only Indian religions whereas and (BJP). the Indian nationalists include all the These are the ideological offspring of religions practiced in India. Gandhi’s Hindu Mahasabha founded in 1915 in concept of religion is far superior than reaction to the formation of the Muslim Savarkar’s. Gandhi stressed on the League. They proclaim the superiority reality of God, the unity of all life and of the Hindu race and culture.31

îñ L] îõ a}Zv• DvZ]U ^/}ooš í}Œl•_X Lv ò}µvP îò !ŒÀ]v {ZŒuU ^hv I]vµU I]vµ•švU I]vµ]•u Lv]U Wµv ðU íõîñW ‰Xôõ v I]vµšÀ_X Lv bµuvU ë}oXðõ~í• îììîW ‰XîíX ïì wµ}o( /X IŒ]U ^DvZ][• I]vµ]•u v îó {X wlŒ]•ZvvU V /}všu‰}ŒŒÇ Lv]v {ÀlŒ[• I]vµšÀ_ Lv 9}v}u] v t}o]Ÿo íloÇU tZ]o}•}‰ZÇU ‰XîíX ë}oX ðð~îõ• WµoÇ íôrîðU îììõW ‰XòïX îô !ŒÀ]v {ZŒuU ^hv I]vµU I]vµ•švU I]vµ]•u ïí wX {}© !‰‰oÇU ÇZ !u]Àov }( šZ {ŒU v I]vµšÀ_ Lv bµuvU ë}oXðõ~í• îììîW ‰XîîX ‰XííìX

78 Roy Vettikuzhiyil Joseph

The Hindu nationalist movements political mileage. On December 6, combine fundamentalist style religious 1992, over 200,000 Hindu fanatics reactionism to secularism and pluralism arrived at Ayodya and less than ›ve with an ethno nationalist’s ideology.32 hours tore down the Babri Mosque.35 The Hindu groups reconstruct It was a great blow on the face of religion around nationalist themes in Indian secularism. The aftermath of order to challenge the secular order in this historical blunder was tremendous. India. The main concept of Hindutva Thousands of people were killed in de›ne geographic, racial and religious both sides. Many riots and communal boundaries of Hinduism and India alike violence were broken out in various it. It rejects the pluralist secular state parts of the country. The wounds and would replace it with a Hinduized resulted from this historical intolerant state occupying the land within sacred act is not yet cured. boundaries.33 Its culmination could The fanatic Hindus could win be seen in the destruction of Babri politically had they consolidated the Masjith. The VHP-BJP-RSS claimed majority Hindus by fabricating false that the site of the mosque in Ayodya stories and injecting religious poison in the state of Utter Pradesh in India is among the simple-minded. They the exact spot of the birthplace of the made use of religious sentiments for Lord Rama. They claimed the existence political gains. As per Hindu extremist of a temple on the spot in the name of discourse, the Muslim could remain Rama. However, when Babur came to in the nation only by accepting the India, founding the Mughal dynasty hegemony of Hinduism. BJP managed demolished the Hindu temple, and built to get only two Lok Sabha seats in a mosque, known as Babri Masjith, in 1984 general election. But by 2014 1528.34 This seems very dif›cult to election, they could secure 282 seats proof historically. in the 543 seats Lok Sabha. They also By 1985 onward, nationalist formed the central government under Hindus started playing religious card. Narendra Modi, which paved the way They demanded for regular worship and for the consolidation of Hindu votes. replacement of Mosque. In 1990, then The majority Hindus felt that they were president of BJP made a Rathayatra at risk, and that only a party like BJP (Pilgrimage on Chariot) to Ayodya could protect their interests. from Gujarat. Though he could not Religious freedom in India is reach Ayodya, it gave them a strong detailed in the Constitution from Articles 25 to 28. The title of the section ïî L]X itself is “right to freedom of religion”. ïï L]U ‰XííîX ïð L] ïñ L]U ‰XííïX

79 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India

Articles 25 to 28 are as follows: interest of every citizen. It provides 25(1): “Subject to public order, morality all opportunities to practice his or and health and to the other provisions of her religion as per the conscience this part, all persons are equally entitled to freedom of conscience and the right freely in conformity with public order and to profess, practice and propagate religion.” health. But today there are many cases 26: “Subject to public order, morality and of breach of law could be seen in India. health, every religious denomination or Due to the uprising fundamentalists any section thereof shall have the right to establish and charitable purposes, to manage groups into power, such incidents are its own affairs in matters of religion, to legitimized or sometimes seem to be own and acquire movable and immovable sponsored indirectly by the government. property and to administer such property in accordance with law.” Here, I would like to show the breach of 27: “No person shall be compelled to law against religious freedom citing two pay any taxes, the proceeds of which are incidents, one against Christians and speci›cally appropriated in payment of another against Muslims. expenses for the promotion or maintenance of any particular religion or religious A religious violence took place on denomination.” August 25-28, 2008 in the Kandhamal 28: “No religious instruction shall be district of state. It was a real provided in any educational institution breach of law of religious freedom. wholly maintained out of state funds.”36 A Hindu mob had set ›re to many It may be noted that the provisions Christian settlements causing at least of the Indian Constitution regarding 45 people killed. The reason they put right to religious liberty cover all for the communal violence was the the freedom relating to religion set murder of Swami Lakshmananda, who forth in the Universal Declaration of believed to have pledged to eliminate Human Rights, which was adopted by Christianity from the country. He was the General Assembly of the UN on killed along with three fellow leaders December 10, 1948. Article 18 of the of the VHP and a boy in the girls’ document states: religious school at his Jalespata ashram “Everyone has the right to freedom of in on August 23. thought, conscience and religion; this right includes freedom to change his religion Hindu hardliners accused Christians or belief, and freedom; either alone or the murder of Swami although it was in community with others and in public proven that Maoist had committed or private, to manifest his religion or belief in teaching, practice, worship and the murder, as the former also spoke observance.”37 against the latter. However, Hindu Therefore one can very well say fundamentalists did not accept the that Indian Constitution protects the murder, and started to persecute and attack Christians. ïò ÇZ /}v•ŸšµŸ}v }( Lv]U ‰X íïríð More than 18,000 people were ïó ÁÁÁXo]u]vPZµuvŒ]PZš•X}ŒPlµZŒrŒŸoríôZšuo

80 Roy Vettikuzhiyil Joseph injured and 50,000 internally displaced. court found 20 culprits, and sent them to Some tribal even fied away to broader jail. The family of Akhlaq fied to Delhi, districts in neighboring states. Some a painful departure from his ancestral 310 villages were affected with 4640 land. homes, 252 churches and 13 educational It is very clear from the above- institutions torched during the mentioned riots and violence that attacks.38 Then Prime Minister of India violation of religious freedom takes condemned it as the act of shame. place quite often in India. It seems to On June 29, 2010, a fast track have multiplied when the Hindutva court was set up after the Kandhamal parties came to power. When these riots found Manoj Pradhan, a Member riots occurred, police and local of BJP and member of the legislative administration seemed to have turned assembly of Odisha, was found guilty of a blind eye, and gave the fanatics quiet murder of Parikhita Digal, a Christian support. Today, such religious rioting from Budedi village, who was killed by and violation take place every now and the mob on August 27, 2008. He was then across the country, and threaten sentenced to seven years of rigorous religious freedom, which is guaranteed punishment. A number of others were in the Constitution. Now, the majority also punished by the court for rioting.39 decides what to eat and when to eat. Recently a Muslim man named They are even ready to kill a person or Mohammad Akhlaq of 52 years was chase the family out of the village in the killed by a mob, who accused him of name of food habits. Thus, they connect eating beef in Northern India, in place everything with religion. No doubt, it is called Bisada, Dadri.40 On September the political parties that are behind such 28, 2015 evening, one of Akhlaq’s unethical and inhumane development. neighbors accused him of stealing and slaughtering his missing calf. The mob Conclusion rushed into the house of Akhlaq and It is true that both countries, India started beating Akhlaq and his son. and Indonesia, have successfully Akhlaq was killed, while his son was celebrated more seventy years of seriously injured. They seized meat independence. It is an undeniable fact from Akhlaq’s house. But only mutton that both countries have contributed was found after forensic testing.41 The a lot to the world at large, and made signi›cant steps in the areas of human ïô Z©‰•WllvXÁ]l]‰]X}ŒPlÁ]l]lŒo]P]}µ•rÀ}]ovr]vr odisha rights and democracy. At the same ïõ L]X time, the radicalization of religion in ðì Z©‰•WllÁÁÁXšZ©vŸX}ul]všŒvŸ}vol India and Indonesia seem to have been ŒZ]Àlîìíñlíìl]v] ðí Z©‰WllvXÁ]l]‰]X}ŒPlÁ]l]lîìíñrŒ]ru}r perpetuated by fundamentalists or oÇvZ]vP

81 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India conservatives, whether it be in the name Assembly, the Vice President of of Islam in Indonesia or Hinduism in Indonesia Jusuf Kalla claimed that India. Therefore, the Islamization of religious tolerance in Indonesia as Indonesia and Hindutvization (making “better than in other countries”, and India as Hindu) of India are the hidden could even pose as a “model” for other agenda of the extreme conservative countries. The UN Human Rights Watch groups in both countries. Historical staff in Indonesia described his claims evidences show that this process of as “fantasy”.43 radicalization is not new, but it has The recent Pew Research Center existed in the imagination and minds of study of 198 countries ranked India as the conservatives from the very outset. fourth worst in the world for religious All the cases presented in this intolerance.44 During the 2008 article show that they violate religious Kandhamal religious riots, the Vatican freedom. In all these instances, the expressed its concern by stating “its perpetuators were the majority, while solidarity with local churches and the the victims were the minority. To religious orders involved, and condemns safeguard the interests and beliefs of those actions, which are an affront to the minorities, the only solution is dignity, people’s freedom and endanger to maintain the law in its pure spirit peaceful civil coexistence”.45 These without dilution. Nevertheless, the cases of religious freedom violations above analysis on the violation of indicate that both countries have a religious freedom would serve as a good lot in terms of achieving the dreams warning for us to be vigilant. of its founding fathers. Therefore, Many similarities can be seen both countries are not exactly good between Indian secularism and exemplary models of the world on Indonesia’s Pancasila, Hindutva of religious tolerance. Both Indonesia and India and Islamization of Indonesia. India need to meet the expectations According to Sofjan (2016) the of the world to ensure that religious minoritization and criminalization of freedom is guaranteed and that minority Shia Muslims in Indonesia affect the groups are protected. credibility of the longheld tradition Although during these episodes of Islamic tolerance of Indonesian of religious violence, the political Muslims throughout generations.42 The leaders had publicly urged the people view was supported by Human Rights involved to stop their violence, in

Watch staff in Indonesia. On September ðï tµo aŒ•ZoU ÇZ !u]Pµ]Ÿ• }( wo]P]}µ• CŒ}u 21, 2017, addressing 72nd UN General ]v Lv}v•]U tµo]•Z hvo]v ðð Z©‰•Wll‹ÌX}ul]v]r]•ršZr(}µŒšZrÁ}Œ•šr}µvšŒÇr ]vršZrÁ}Œor(}ŒrŒo]P]}µ•rÀ]}ov ðî 5]lÇ {}BvU a]v}Œ]ŸÌŸ}v v Œ]u]vo]ÌŸ}v }( ðñ ÁÁÁX•šµ+X}XvÌlÁ}Œol•]Ærl]oor]vr]v]rŒo]P]}µ•r {Z] L•ou ]v Lv}v•]U tXðð Œ]}š•rÀŸvr}v}uv•

82 Roy Vettikuzhiyil Joseph reality it did not happen. Somehow they one umbrella if not bound by a common are supporting the religious violence destiny. In this matter, the role of state in such a way that would help them is the impartial implementer of the polarize the votes of the people toward law and simultaneously guardian of a desired sector for their political gains. religions, whereby religious leaders Only by a genuine approach toward have the responsibility to guide not only the fundamental provisions given in their followers, political parties should the Constitution can such extremist be aware of the reality of pluralism in movements be overcome, with sincere these countries and develop mutual effort from the part of the country’s respect for one another. It is my view politicians and leaders. The lost glory that both Pancasila in Indonesia and of both countries can be regained only secularism in India could surely ensure by faithfully adhering to their own the peaceful coexistence of different Constitutions. Since both countries are faiths under one umbrella, while known for their diversity and plurality, attaining the wisdom of their founding it is not easy to keep everyone under fathers.[]

References Arskal Salim, Challenging the Secular State: The Islamization of law in modern Indonesia, University of Hawai Press, Honolulu, 2008. Hanna Lemer, Permissive constitutions, democracy, and religious freedom in India, Indonesia, Israel and Turkey, World Politics. Hyung-Jun Kim, The changing interpretation: religious freedom in Indonesia, in Journal of Southeast Asian studies, Vol.29(2) September 1998: 357-373, Published by Cambridge University Press on behalf of Department of history, National University of Singapore. Rudolf C. Heredia, “Gandhi’s Hinduism and Savakar’s Hindutva”. In Economic and Political Weekly, Vol. 44(29) July 18-24, 2009: p.62-67. Arvind Sharma, “On Hindu, Hindustan, Hinduism and Hindutva”. In Numen, Vol.49(1), Brill, 2002: p.1-36. S. Radakrishnan,ed; Contemporary Indian Philosophy, George Allen and Unwin Ltd, London, 1936. Mohandas Gandhi, Collected works, (Young India, 4 June 1925), 100 Vols, Government of India, New Delhi. R. Scott Appleby, The ambivalence of the sacred, Rowman and Little›eld Publishers, Inc. Oxford, 2000. The 1945 Constitution of the republic of Indonesia. As amended by the ›rst amendment of 1999, the second amendment of 2000, the third amendment of 2001 and the fourth amendment of 2002. The Constitution of India, published by Government of India Ministry of law and justice, New Delhi, 2015. Paul Marshall, “The ambiguities of religious freedom in Indonesia”. In Review of Faith and

83 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India

International Affairs, Vol.16(1) 2018 Sjafruddin Prawiranegara, “Pancasila as the Sole Foundation”. In Indonesia, No.38 Southeast Asia Program Publications at Cornell University, October 1984: p.74-83. Sofjan, Dicky, “Minoritization and criminalization of Shia Islam in Indonesia”. In Journal of Southeast Asian and Middle Eastern Studies, Vol. 39(2) Winter 2016: p.29-45.

Websites www.claiminghumanrights.org/udhr-article-18html https://en.wikipedia.org/wiki/religious-voilence-in-odisha https://www.theattantic.com/international/archieve/2015/10/india http://en.wikipedia.org/wiki/2015-dadri-mob-lynching https://hrw.org/news/2017/02/02/indonesia-religious-minorities-under-threat https://qz.com/india-is-the-fourth-worst-country-in-the-world-for-religious-violence www.stuff.co.nz/world/six-killed-in-india-religious-riots-vatican-condomns

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