Introduction
victims of violence, primarily by non-state actors, and the remaining
small numbers of Christians, Sikhs, and Baha’i populations often
live covertly. Aspects of Nepal’s new Constitution (2015) have a
discriminatory impact on the country’s religious minorities, in
particular Muslims (4.4 per cent) and Christians (1.4 per cent) who
have reported fear of rising hostility in recent years. For example,
despite being declared a secular state in 2006, Article 26(3) of
the 2015 constitution has carried over provisions from previous
constitutions criminalising all forms of proselytization while the
Criminal Code, adopted in 2017, banning religious conversion
has contributed to a reported increase in police harassment of
Christians accused of conversion activities.4 In Bhutan and the
Maldives, efforts to homogenise society have severely curtailed
FoRB, and even the ability of non-Buddhists and non-Muslims,
respectively, to acquire citizenship.
One of the historically time-honoured ways of dealing with
discrimination, particularly religious discrimination, is to seek
refuge in a third country, and South Asia is no stranger to this
phenomenon. With the exception of Bhutan and the Maldives,
all South Asian countries are home to voluntary and involuntary
migrants, most of whom not only do not enjoy the same rights
as the citizens of the country where they have sought refuge,
but are also generally looked upon with suspicion by the host
communities. Apart from Afghanistan, none of the other South
Asian countries are party to the 1951 Convention Relating to
the Status of Refugees or its 1967 Protocol, thereby absolving
themselves of any responsibilities towards them.
All South Asian countries have also contrived to render stateless
various groups of people, whether it be based on religion, ethnicity,
gender, or otherwise. No country from South Asia is party to either
the 1954 Convention on Stateless Persons or the 1961 Convention
on the Reduction of Statelessness. The countries of South Asia, thus,
contribute to the global and regional refugee population and, at the
same time, are also home to a large number of refugees (Table 1).
Although Bhutan and the Maldives do not serve as destinations for
4 See, for instance, ‘Foreign Christians arrested on charges of “converting”
in Nepal’, The Pathway, August 8, 2019, https://mbcpathway.com/2019/08/08/
foreign-christians-arrested-on-charges-of-converting-in-nepal.
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