India's Recent Legal and Political Shifts, Implications for the Muslim Community

In recent weeks, two significant legal and political developments in India have spotlighted the nation's ongoing struggle with religious identity and communal harmony. 

First, the Supreme Court's decision to block a police order requiring eateries to display the names of their owners. Second, the government's removal of a decades-old ban on civil servants joining the far-right Hindu nationalist group, Rashtriya Swayamsevak Sangh (RSS).

Court Blocks Restaurant Order Amidst Religious Tensions

The Supreme Court's ruling to suspend police orders in Uttar Pradesh and Uttarakhand, which mandated that restaurants display the names of their owners, was a significant victory for advocates of religious equality.

The police orders were ostensibly intended to help Hindu pilgrims, who follow strict dietary restrictions during their religious journeys, avoid inadvertently consuming prohibited foods. 

Critics saw these measures as discriminatory, aimed at isolating Muslim-owned establishments and exacerbating communal tensions.

Political opponents accuse Modi and his Bharatiya Janata Party (BJP) of targeting India's approximately 200 million minority Muslims to boost electoral success, a claim Modi and the BJP vehemently deny.

"Such orders are social crimes, which want to spoil the peaceful atmosphere of harmony," stated Akhilesh Yadav, Chief of the opposition Samajwadi Party, in a post on X.

Even some BJP allies have criticized the move. KC Tyagi, a spokesperson for the BJP's ally Janata Dal (United), pointed out, “Kanwar Yatra bigger than this [in Uttar Pradesh] takes place in Bihar. No such order is in effect there.”

The Hindu owner of another restaurant in the district reported that the police had visited his shop to investigate if he employed any Muslim workers. 'I informed them that I currently had none on staff. They then advised me not to hire any Muslims,' the shopkeeper told the reporters.

India, with its rich religious traditions, is home to the world's largest vegetarian population. Dietary practices deeply rooted in Hinduism and other religions influence many aspects of life, including dining and housing choices. While informing patrons about the type of food served is reasonable, forcing restaurants to disclose the religious identity of their owners crossed a line.




This requirement threatened to deepen societal divides and promote a form of economic discrimination against Muslims, a minority already facing significant challenges in India.

Lifting the Ban on RSS Membership for Civil Servants

In a parallel development, the Indian government lifted a decades-old ban on civil servants joining the RSS, a move that has sparked widespread controversy. 

The RSS, a far-right Hindu nationalist organization and the ideological parent of Prime Minister Narendra Modi's Bharatiya Janata Party (BJP), has been a polarizing force in Indian politics.

Founded in 1925, the RSS advocates for a Hindu nation and has been accused of stoking sectarian tensions and promoting an exclusionary vision of Indian identity. 

The ban, which had been in place since 1966, prohibited government employees from joining the RSS due to its hardline stance and its involvement in communal violence. 

The organization was banned three times in India's history, including after the assassination of Mahatma Gandhi by a former member. Despite these controversies, the RSS has maintained a significant influence, particularly under Modi's administration, which shares close ideological ties with the group.

The Larger Implications

These two developments, though seemingly unrelated, are interconnected in their implications for India's secular identity. The Supreme Court's ruling against the police order is a reaffirmation of the need to protect minority rights and prevent discrimination based on religious identity.

In contrast, the lifting of the ban on RSS membership for civil servants raises concerns about the growing influence of Hindu nationalism in public institutions.

Critics argue that this move undermines the secular principles of the Indian state and risks further "saffronizing" the country, a term used to describe the imposition of Hindu nationalist ideology. 

“Such a shame, instead of aligning only to Bharat Mata’s interests, BJP is leading them towards keeping ideological interests first,” said Chaturvedi, a parliamentarian from Shiv Sena (UT) party in Maharashtra state.

Asaduddin Owaisi, the president of All India Majlis-e-Ittehadul Muslimeen, said, “Every RSS member takes an oath that puts Hindutva above the nation. No civil servant can be loyal to the nation if he is a member of RSS."

Human Rights Watch has documented systemic biases and discriminatory policies implemented by the ruling Bharatiya Janata Party (BJP). According to their report, the government has used its power to legitimize anti-Muslim sentiments and enable violent nationalist groups.

Since Narendra Modi came to power in 2014, the treatment of Muslims in India has been a contentious issue. The ruling Bharatiya Janata Party (BJP) has pursued policies that critics argue explicitly target Muslims.

These include the ending of the special status of Kashmir (a disputed Muslim-majority region), the demolition of the Babri Mosque and the construction of a Hindu temple in the northern city of Ayodhya, and the controversial Citizenship Amendment Act (CAA) of 2019, which fast-tracks citizenship for non-Muslim migrants from neighboring countries, effectively rendering many Muslims stateless and exacerbating communal tension.

One poignant example of this systemic discrimination is the aftermath of the February 2020 Delhi riots, which resulted in the deaths of 53 people, predominantly Muslims. The violence, triggered by inflammatory rhetoric from BJP leaders, saw Hindu mobs attacking Muslim neighborhoods.

Despite evidence of police complicity and inaction, investigations have disproportionately targeted Muslim victims and activists rather than those responsible for inciting the violence. This has led to a narrative where Muslims are often portrayed as perpetrators rather than victims, further perpetuating communal discord.

Moreover, the new anti-conversion laws illustrate a pattern of using legal frameworks to target and harass minority communities. For instance, the Uttar Pradesh government’s "love jihad" law ostensibly aims to prevent forced conversions but has been used disproportionately against Muslim men in interfaith relationships. 

This law, alongside others that criminalize religious conversions and marriages, highlights the state’s efforts to regulate and control personal freedoms under the guise of protecting cultural and religious values.

According to analysts, the biases within the judiciary and police forces have further entrenched these discriminatory practices, undermining the secular principles on which India was founded.