essay on religious tolerance in nepal

Tolerating Nepal’s religious tolerance

In the 1760s, Prithvi Narayan Shah raised one rupee from each household and travelled down to Banaras to buy weapons for his military conquests. While there, he saw that the Hinduism practiced even in the holiest place in India was different from what he was used to in the mountains of Gorkha.

He felt that 250 years of Mughal rule and two centuries of British colonialism had ‘contaminated’ the faith. It was nowhere like the ‘Sanatan Dharma’ way of life that he was used to back home, and said as much in his Dibyopadesh text in which he called Nepal ‘Asal Hindustana’ (The Real Hindustan).

Moghul invaders tried to uproot Hinduism and Buddhism by razing temples, shrines and monasteries in the subcontinent. They burnt religious texts, and forced priests, monks and sages to flee. Most of them escaped into the remote Himalayan fastness of what is now Nepal.

They brought with them their scriptures and religious books, and passed down the holy mantra and chants from one generation to the next, thus preserving them in their pure form for posterity.

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But that was not the only reason this land was deemed to be the ‘genuine Hindustan’. Most sacred sites of Hinduism and Buddhism, the holiest pilgrimage places were located in the original Gorkha Empire. Even after 1816, many of these shrines like Pashupati, Muktinath, Gosainkunda, Damodar Kunda and Lumbini were within modern day Nepal’s boundaries.

Even among Hindus in India, there was a feeling that perhaps Hinduism in its untainted form existed in Nepal, the dwelling of Lord Shiva and the place of meditation for the sages, explains cultural historian Govinda Tandon, the former head of the Pashupati Area Development Trust.

“When I myself go to India on pilgrimage and meet holy personages, they ask me why I travel to India when Nepal is such a special place where the real Hinduism has been preserved,” Tandon adds.

The other aspect of Hinduism in Nepal is its Tantric element. A thousand years ago the Pal and Sen dynasties of Bengal fled to what is now Nepal to escape invaders together with their priests, holy texts and their esoteric Hindu and Buddhist traditions. The assimilation of these practices evolved into the  syncretic blend of Hinduism and Buddhism in Nepal, and especially Kathmandu Valley, giving the culture its unique character.

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In fact, the same Hindu gods and goddesses in India and Nepal are worshipped differently. In Maharastra, there are no sacrifices to Lord Ganesh as there are in Nepal. Similarly, animals are sacrificed to goddess Kali in Nepal, but not in Bengal during the Navaratri festival. Dasain and Dushhera are not similar. Tihar and Diwali are observed differently. Janai Purnima and Raksha Bandhan are unlike each other in Nepal and India. Nepali and Hindi may use the Devnagari script, but the languages are distinct.  Hinduism as practiced in Nepal and India are therefore different, despite what many like to think.

The Hindu nationalist Vinayak Damodar Savarkar while being imprisoned by the British in the Andaman and Nicobar Islands in 1922 wrote a declaration titled ‘Essentials of Hindutva’ in which he defined Hindutva as a political ideology, and different from the Hindu religion. If Hindutva was the trunk of a tree, Hinduism was its branch. India was not a nation but a race. He wrote: ‘We are all Hindus of one nation because it is the blood of Indian heritage that flows in our veins.’

Savarkar’s Hindutva has now been adopted by the RSS and its political wing, the BJP, in India. And with the wind of this ideology blowing across India, Nepal is also feeling the breeze. It is tempting for some political parties to try to also cash in on this wave in a majority Hindu country that used to have the world’s only Hindu monarch.

But Hinduism in Nepal has a relatively more tolerant tradition, and whether Nepal should revert to being a Hindu state or not should depend entirely on Nepalis themselves, and not on who is in power in New Delhi. In fact, Nepal should be a country where there is a freedom of religion and followers of all faiths are free to practice their culture and tradition. And that is the essence of what Prithvi Narayan Shah understood as ‘Asal Hindustan’.

Either during the Malla period or later under Shah rule, there were no strictures against conversion, but forced proselytisation was banned. Through the centuries, Nepal’s Muslims were accepted into the fold. Why import the seeds of intolerance now? India itself is a vast nation with a rich diversity of cultures and faiths, all protected under its Constitution.

The New Delhi establishment looks at Nepal not through a religious lens, but a security one. It is therefore unlikely that, although some Nepali politicians may be tempted to whip up a religious vote bank, it will happen just because some entities in India back them. The Hindutva ideology is quite different from the liberal Sanatan way of life and tradition that exists in Nepal.

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Translated from the original in Nepali in Himal, Poush 2078 

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The Freedom of Religion or Belief: A Parliamentary Perspective and Efforts in Nepali Context

BP Khanal(1) National Coordinator, IPPFoRB-Nepal Chapter(2) Secretariat 

• Freedom of Religion or Belief in Nepali Context

With the declaration of Nepal as secular country in 2007 has brought many issues with both pros and cons in the context of socio-political arena of Nepal. The abolishment of monarchy in the “Only” Hindu kingdom in the world, Nepal has been experiencing latent communal disputes which can be outburst any time. The religious minority groups are the vulnerable, and facing various problems related their identities. There are obvious privations in the legal provision which fail for registration of properties such as monastery, masque, church and theological institutions, religious properties and burial grounds and so on. Minority groups also has been facing several social problems and often being targeted physically even more after the Comprehensive Peace Accord (CPA) between Maoist and Government of Nepal (GoN) in 2006. The number of incidents occurred right after the CPA, worship centers of the religious minorities, such as Churches and Christian institutions as well as mosques were vandalized and bombed, a Catholic priest was shoot dead, pastors and believers are beaten, killed, mocked in the societies. Even civil servants, those who are identified of being one of the minority believer, humiliated and forced to resign due to circumstance created within because of their faith. It seems that the changed scenario of the political development allows it people to choose any religious faith and convert, but many of the converted believers has to face all sorts of oppositions and harassments. This means that the FoRB situation in the country is more paralyzed by double standard provisions regarding freedom of religion even in the Constitution and penal code of the country.

It is officially reported that 125 different castes or ethnic groups having 122 languages and cultures are existing in the small land-locked Himalayan country of Nepal. Thus, freedom of religion or belief is not only deal with one’s religion but also to promote inclusive participation of those minority groups who have their own language and culture in the mainstream of development.

• Concerns of Religious Minorities in Nepal, the Christians in Particular

Nepal is the signatory party to international documents such as UDHR, ICCPR and several others, where one’s freedom to freely practice his or her religion is guaranteed in these documents. But conversion is not permitted at any effort, and any other acts that can be rendered as an intention of converting others from Sanatana is criminalized. The question is raised even the act of the Christian guardians teaching their children to follow Christi in conformity with their own faith. This makes difficult to the managers of orphanages and children homes, run by Christians and other minority religious groups. They are often accused of proselytizing the children for teaching them to pray and participate in religious functions.

The new Constitution of Nepal, Article 26-3 has become alarming to all minority which are not identified as the religion of Sanatan, and especially to the Christians in Nepal since the intentionality of the Christians practice is more radical into propagating their faith and welcoming others through proselytization. It criminalizes ‘any act to convert another person from Sanatana religion to another.’  However, actual conversion from one religion to another religion is not possible without the involvement of second person. Therefore, this section nullifies the freedom to share one’s religious belief, help to choose one’s religion and even bring welfare to needy one suffering. It completely denies the freedom of people to choose and change their religion and belief of their like except Sanatana, the religion handed down from ancient times. This provision denies the fundamental human rights to freedom of conscience.

• Constitutional and Legal Development

In recent years, the political-legal development is growing worst raising hatreds against minorities throughout the country, towards the Christians and Muslims in particular. The political efforts and movements which are to raise the Hindu Nationalism have been growing stronger due to their alliance with major democratic parties, Rastriya Prajatantra Party Nepal, Nepali Congress and some others as well. These all attempts seem to be paving the wide way of persecution against the Church and other minorities in recent future.

Article 4 of the constitution provides a narrow and ambiguous definition of secularism. Secularism is explained as to protect “Sanatan religion and culture” (by the state itself?). The term, Sanatan basically is understood as part of Hindu system or religion from ancient times. Also the article 26.3 prohibits the freedom to choose and embrace of any other religion or belief than Sanatan. It has also suppressed a voluntarily attempt of conversion. Therefore, it is clear that state is giving up the guarantee to freedom of religion or belief. Prior to promulgation of the constitution, bill for Criminal offense was drafted in 2013 and presented at the Nepalese parliament in 2014. The new Constitution failed to ensure secular state and freedom of religion; and rather paved the way toward an anti-conversion law and criminalized the ritual practices of minority religious groups (Article 26.3 of the constitution and Clauses 155-159 of new Criminal Law), which took effect from August 2018.

The new Criminal Code, Clause 158 of the bill has made provisions for punishment in-line with its new constitution suppressing right to religion, which is strictly against the articles 18 of UDHR and ICCPR. This bill also opens door to misinterpret or misuse its provisions to make intentionally false accusation over anyone with the spirit of blasphemy laws in other countries.

As Noted above the constitution of Nepal criminalizes “any act to convert another person from one religion to another.” However, actual conversion from one religion to another religion is not possible without the involvement of second person. Therefore, this section nullifies the freedom to share, change, and to choose one’s religion. It completely denies the freedom of people to choose and change their religion and belief. This provision denies the fundamental human rights- freedom of conscience.

• Efforts towards Protection of the FoRB

As the concern was growing, few freedom activists took an initiative to advocate about the freedom of religion or belief for in the country. Along with the concerned faith groups in local, provincial and national levels, the issue was taken into serious consideration. The initiative begun in 2014, from within and out of the Parliamentary efforts.

Nepal was represented in Oslo at the first international parliamentarian forum since the International Panel of Parliamentarians for Freedom of Religion or Belief (IPPFoRB) was formed as to promote, lobby and protect the freedom of religion or belief in any country. At the same time, the pioneer activists were brought together to contribute in the Universal Periodic Review (UPR) process and FoRB was included for the first time in Nepal, where number of faith-based organizations from different religious communities including Buddhist, Muslim, Kirant, Bahai and Jain joined in the initiative. Dharmik Chautari, an inter-religion dialogue and joint effort was formed as the result.

In this scenario the parliamentary effort becomes an active agent in promulgating the laws to protect and promote the freedom of one’s faith with all means available, but despite of the constant stand, lobbying and campaigns from the civil society, the Criminal law has been finalized, and the practices of the religious belief of every minority groups are now criminalized. Thus, the activists are to prayerfully make their commitment to stand with the persecuted ones due to their belief. We must believe that democracy survives with freedom, which always draws everyone toward justice and peace and participation for peaceful and prosperous life ahead. But once the freedom is seized from any sector the national life is always troubled. What we must see here is that the freedom of religion or belief for minority is the matter of survival, it must be granted so they will have the space to participate in the mainstream development.

We need advocacy to convince the powerful that the justice must be given to all vulnerable. And simultaneously, we must do the advocacy with the victim of oversight in legal-constitutional development process. Often the ‘advocacy experts’ like us, the freedom activists, media professionals, NGO workers, legal practitioners, human rights defenders and so on, have done advocacy ‘for’ (not with) the exploited ones, voiceless and vulnerable resulting either violent reactions, or provoking for even severe persecution. Thus, we must seek ways to educate, empower and equip them by doing advocacy ‘with’ people of vulnerability. We must be the firm believers that unless people are aware of their own rights and be able stand for what they require to live with full dignity and equality with others, we are just beating around the bushes. Therefore, we must take initiative to down to deeper valleys and grassroots where an actual advocacy ‘with’ gives real sense. Simultaneously, we must take courage to speak, influence and convince the “powerful” that the position they hold has an ethical accountability and they are there to serve for welfare and establishment of equality, justice and peace!

For More: [email protected]

[1] BP Khanal is an author, researcher and human right activist by his passion, has published more than 10 books in different genres. He is one of the leading personalities towards FoRB concerns in Nepal and voluntarily serves as National Coordinator to IPPFoRB Nepal Chapter. His recent book on Freedom of Religion or Belief is available in the market. He also serves as Secretary General to Janajagaran Party Nepal. He has Masters in different study fields and candidate to PhD in Integral Development from SHUATS, Allahabad, India.

[2] IPPFoRB Stands for International Panel of Parliamentarians for Freedom of Religion or Belief, a non-formal movement of with civil society actors to address the issues regarding Freedom of Religion or Belief (ForB). This is a growing movement aiming global peace through promoting and protecting the FoRB in any country where the rights or the minorities are violated. There are over 200 parliamentarians from more than 130 countries who have signed to rally together in behalf of the suffering minorities regardless of which religion the embrace.

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Echoes of Intolerance in Nepal

01/08/2023 Nepal  (International Christian Concern) – Nepal, renowned for its cultural richness and historical tolerance, is grappling with an alarming surge in religious persecution. This surge, largely fueled by the infiltration of radical Hindu ideology from neighboring India, has sparked concerns about the eroding fabric of religious freedom and tolerance in the country.

UNPACKING NEPAL’S RISING PERSECUTION

Historically, Nepal has prided itself on a legacy of religious tolerance, despite constraints on proselytization and conversion, which remained in place until the constitutional monarchy transition in 1990. But recent incidents reflect a stark departure from this narrative.

What’s caused the rise of persecution recently? Government anti-conversion laws, societal pressures from non-Christian majorities, and harassment by authorities against Christians and other religious minorities have collectively contributed to the escalating persecution in the nation.

The primary catalysts behind this surge lie within Nepal’s legal framework, particularly in the ambiguous and restrictive legislation governing religious conversion and proselytization. Provisions within Article 26(3) of the Nepalese Constitution and Chapter 19 of the Muluki Ain grant authorities sweeping powers to target minority religious groups under the guise of preserving decency and morality.

To add to that, reports from the U.S. Department of State have underscored the influx of radical Hindu nationalism from India, further worsening tensions. Civil society groups confirm financial support flowing in from India to local Hindu nationalist groups, strengthening nationalism for the religious majority and further dividing the country along religious lines.

FACING ADVERSITY

Nepal’s situation stands distinct from neighboring countries like Pakistan and India, where religious persecution against Christians and other minorities has long been a grave concern.

All of Nepal’s religious minorities, particularly Muslims and Christians, find themselves targeted by a surge of physical attacks and community-level ostracism. Such assaults not only jeopardize their safety but also impede their livelihoods, as community boycotts devastate their businesses, compelling some to relocate.

The government response, marred by frequent harassment and criminal charges against religious minorities, has failed to ensure the protection of the religious minorities’ rights. Despite some instances of acquittal, cases often linger for years, instilling fear and inhibiting the free expression of faith.

HOPE IS NOT LOST

Amid these challenges, however, local NGOs and human rights organizations have shown resilience, fostering interfaith cooperation and amplifying voices against the growing number of persecution incidents. An interfaith coalition’s historic gathering in Kathmandu brought together diverse religious leaders and government officials to address religious freedom concerns.

While the international community’s attention on Nepal’s religious persecution remains limited, it’s pivotal to recognize the urgency of this issue.

The rise in intolerance not only threatens the religious diversity that has long defined Nepal, but also erodes the foundational values of tolerance and coexistence.

As the echoes of intolerance reverberate across Nepal, it is imperative for both local and global stakeholders to unite, advocate, and stand in solidarity against the forces undermining the nation’s once-cherished values of religious harmony.

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Religious Freedom Conditions in Nepal

This report provides an overview of religious freedom conditions in Nepal by examining how the country’s criminalization of proselytism, blasphemy, and cow slaughter in the National Penal (Code) Act, 2017, violate protections for the right to freedom of religion or belief under international human rights law. The country update also examines how legal impediments outside of the National Penal (Code) Act, 2017, violate the right to freedom of religion or belief. Hinduism remains influential in Nepali society and, as the country update shows, the legal impediments disproportionately impact the country’s Buddhist, Christian, and Muslim minority communities. Additionally, the report highlights the thousands of Tibetan refugees currently residing in Nepal who would be at a heightened risk of persecution if sent back to China, including violations of their right to life and their right to freedom from torture or cruel, inhuman, or degrading treatment.