Currently, the Bharatiya Janata Party (BJP) holds the majority in the Indian Parliament, where it exercises its authority by passing legislation that comports with Hindutva. Hindutva is a political ideology that champions policies intended to make India a Hindu state. Toward this end, BJP leaders use harmful rhetoric and pass legislation that harms Muslim citizens of India. However, India is a party to the International Covenant on Civil and Political Rights (ICCPR), which protects the freedom to manifest one’s religion and prevents the advocacy of religious hatred that constitutes incitement to hostility, discrimination, or violence.
This Comment argues that India and the BJP are currently violating their commitments under Article 18 and Article 20(2) of the ICCPR by passing legislation that discriminates against Muslims and engaging in rhetoric that incites hostility, discrimination, and violence. This Comment recommends that India face international repercussions through Article 41 of the ICCPR and implement domestic measures to remedy the issue including bringing more cases of discrimination to court, allowing Muslims to determine how they want their community to be regulated, and implementing affirmative action programs to change the composition of court.