The Pahalgam terror attack of April 22, 2025, has reignited national outrage over religiously motivated violence and the urgent need for stronger legal safeguards against hate crimes in India.
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JAMMU AND KASHMIR: On April 22, 2025, a brutal terrorist attack rocked the peaceful town of Pahalgam in Jammu and Kashmir. Among the multiple fatalities and injuries, a particularly harrowing detail emerged from eyewitness accounts and official reports — the terrorists reportedly singled out Hindu pilgrims and forced them to recite the Islamic Kalma before executing them.
This deliberate and symbolic act of violence has raised urgent questions not only about the scale of religiously motivated hate crimes but also about the applicability of India’s legal provisions to such acts.
This explores the religious significance of the Kalma, analyzes whether this act can be considered a hate crime under Indian law, and places the incident within a broader socio-political and legal context. It also examines previous such incidents, the Indian constitutional framework on religious freedom, and the path forward in addressing communal violence and terrorism.
What Is the Kalma?
The Kalma, or more precisely the Shahada, is the central declaration of faith in Islam. It translates to:
“La ilaha illallah Muhammadur rasulullah”
(“There is no god but Allah, and Muhammad is His messenger.”)
This declaration is not a mere utterance. In Islamic theology, sincerely reciting the Shahada is how one embraces Islam. It is the first of the Five Pillars of Islam and represents the gateway to the faith.
Forcing someone to recite the Kalma, especially under the threat of violence or death, has severe implications — religiously, emotionally, and constitutionally. It constitutes not only a denial of their religious identity but also a symbolic erasure of their beliefs and existence.
The Pahalgam Attack: What Happened?
According to initial media reports and survivors’ statements, militants ambushed a group of tourists and local workers in Pahalgam. Disturbingly, it is alleged that:
- Victims were segregated by religion.
- Hindus were asked to recite the Kalma.
- Upon refusal or hesitation, they were shot dead.
This gruesome act reflects a calculated intention to degrade and dehumanize victims based on their religious identity. Such actions are not merely acts of terrorism; they are hate crimes aimed at instilling fear and asserting extremist ideologies through forced religious conversion and symbolic submission.
Legal Framework: Is This a Hate Crime Under Indian Law?
India’s Penal Code and various legal statutes address such conduct through multiple lenses — hate crimes, terrorism, and violation of fundamental rights.
Hate Crime and Outraging Religious Feelings
Several provisions of the Indian Penal Code (IPC) are relevant here:
- Section 295A: Punishes deliberate and malicious acts intended to outrage religious feelings.
- Section 153A: Criminalizes promoting enmity between groups on religious grounds.
- Section 298: Covers uttering words with deliberate intent to wound religious feelings.
- Section 295: Addresses destruction or defilement of any place of worship or sacred object.
In the case of Pahalgam, Section 295A and 153A are particularly relevant, as the intent appears to be communal — to target and demean Hindus by compelling them to recite a religious text alien to their faith.
Terrorism Under UAPA
The Unlawful Activities (Prevention) Act (UAPA), India’s principal anti-terrorism legislation, defines terrorism broadly to include acts that:
- Threaten the unity, integrity, security, or sovereignty of India.
- Spread terror among the people, especially on grounds of religion or community.
The Pahalgam attack fits this description squarely. Forcing religious recitations under gunpoint is meant to incite fear, humiliate, and send a political message — classic hallmarks of ideological terrorism.
Violation of Fundamental Rights
India’s Constitution guarantees religious freedom under Articles 25 to 28. These include:
- The freedom to profess, practice, and propagate any religion.
- The right to not be coerced into any religious activity.
By forcing individuals to recite the Kalma, the attackers violated their Article 25 rights — specifically the right not to practice a religion they do not believe in. In this sense, the act is not just a criminal offense but a constitutional assault on individual liberty and dignity.
Historical and Recent Precedents
This is not the first time such acts have occurred. In April 2024, a similar case was reported in Srinagar, where a Hindu youth was allegedly forced to recite the Kalma at the Hazratbal Dargah.
According to media, the youth was coerced by a group of local religious leaders, and an FIR was filed under:
- Section 188 (Disobedience to order of public servant)
- Section 298 (Hurting religious sentiments)
- Section 153 (Provocation with intent to cause riot)
- Section 153A (Promoting enmity between groups)
Such incidents, even if isolated, set a dangerous precedent of religious coercion, especially in sensitive regions like Kashmir.
International Law and Human Rights Perspective
The right to freedom of thought, conscience, and religion is enshrined in the Universal Declaration of Human Rights (Article 18) and the International Covenant on Civil and Political Rights (ICCPR), to which India is a signatory.
Forced religious conversion or coercion violates not only domestic law but also international human rights standards. It constitutes psychological torture, religious persecution, and in extreme cases, ethnic or cultural genocide.
The Communal Implication: Is This More Than a Terrorist Attack?
When terrorists specifically target individuals based on religion and force them to perform acts meant to symbolically erase their religious identity, it ceases to be just terrorism. It becomes an act of religiously motivated hate — a modern-day inquisition-style execution meant to project dominance and ideological supremacy.
Such incidents also serve to radicalize communities and sow seeds of long-term communal mistrust. In India’s multi-faith society, that is particularly dangerous.
ALSO READ: Who Is Saifullah Khalid? Top Lashkar Commander & Mastermind Behind Pahalgam
The Debate on Hate Crime Legislation in India
India currently lacks a dedicated “hate crime” statute, unlike countries such as the U.S. or U.K. While the IPC covers many relevant offenses, the absence of a consolidated framework often leads to:
- Inconsistent prosecution
- Under-reporting
- Diluted charges
The Pahalgam incident may strengthen the call for more specific laws around religious hate crimes, particularly in the context of forced religious practices.
What Can Be Done?
1. Prompt Investigation and Prosecution
The authorities must ensure swift arrests and charge-sheeting under both IPC and UAPA provisions. Delay or undercharging the crime risks further communal tension.
2. Judicial Oversight
Given the constitutional implications, the matter should ideally be taken up by constitutional courts to set judicial precedent on forced religious expression.
3. Legal Reforms
India could consider codifying a Hate Crimes Act to specifically address cases like Pahalgam where multiple overlapping violations occur.
4. Victim Support
The families of victims should receive psychological counseling, compensation, and legal assistance — especially in cases of religious trauma.
The Pahalgam terror attack is not merely another act of violence. It is a chilling reminder of how religious identity can be weaponized by extremist groups to instill fear, assert ideological dominance, and undermine national unity.
By compelling Hindu victims to recite the Kalma before execution, the terrorists sought to erase individual identity and send a brutal message of intolerance. Indian law, backed by its Constitution and international obligations, must respond with clarity, compassion, and firmness.
Justice for the victims must not only come in the form of legal punishment but also through a broader societal recognition that such acts are not just criminal — they are crimes against humanity, against the idea of India, and against the very fabric of religious freedom.
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