Why does India prosecute Muslims who say “I love Muhammad”? | Islamophobia news

New Delhi, India – Last month, Indian police raided several markets and homes, and arrested Muslim men in states ruled by the Hindu nationalist party led by Prime Minister Narendra Modi. Some of their homes were demolished with bulldozers.

The origin of their alleged crime is common: writing the phrase “I love Muhammad,” a reference to the Prophet Muhammad, on posters, T-shirts or in social media posts. Authorities say the expression threatens “public order.”

So far, at least 22 cases have been registered against more than 2,500 Muslims. At least 40 people have been arrested in multiple states ruled by the Bharatiya Janata Party (BJP), according to the non-profit Association for the Protection of Civil Rights (APCR).

So, what happens? How and where did this start? Is it illegal to say “I love Muhammad” in India?

What is happening?

On September 4, Muslims living in the city of Kanpur in the northern Indian state of Uttar Pradesh were celebrating Eid al-Mawlid al-Nabi, the celebration of the birth of the Prophet Muhammad, when a neighborhood put up an illuminated sign that read, “I love Muhammad.”

But the painting, which mimics the famous “I Love New York” sign copied around the world, has drawn criticism from some local Hindus. Initially, their complaint alleged that the illuminated plaque was a new introduction to traditional celebrations of the occasion, while Uttar Pradesh laws prohibit new additions to public religious ceremonies. Muslims constitute about 20 percent of Kanpur’s population.

However, based on complaints, the police filed a case against twenty people on more serious charges: promoting hostility based on religion. This charge is punishable by up to five years in prison if the accused person is convicted.

The Kanpur incident sparked widespread criticism from Muslim political leaders, and protests against the police actions spread to other states, including Telangana in southern India, Gujarat and Maharashtra in the west, and Uttarakhand and Jammu and Kashmir in the north. “I Love Muhammad” signs and graffiti have appeared all over the country — from people’s social media accounts to T-shirts.

About 270 kilometers (168 mi) from Kanpur, in Bareilly, Uttar Pradesh, a group of people participating in a demonstration called by a local imam against the Kanpur arrests clashed violently with police on 26 September.

The police responded with a crackdown and arrested 75 people, including Imam Tauqir Raza, his relatives and aides. Local authorities demolished at least four buildings owned by the accused individuals.

In recent years, hundreds of Indian Muslims have lost their homes due to such demolitions, which are often carried out without any notification from the authorities, or any court order. The Supreme Court of India has noted that demolitions cannot be used as a form of unlawful punishment, warning that state authorities must give advance notice before demolishing any property. However, in reality, this is often not followed, activists say.

Meanwhile, dozens of other Muslims have been arrested in various states — including some in Modi’s home state of Gujarat — over social media posts and videos bearing the slogan “I love Muhammad.”

Is it illegal?

The Constitution of India guarantees freedom of religion and the right to express it. Article 25 protects the freedom of every individual to practice his religion. Citizens are also protected under Article 19(1)(a), which guarantees the right to freedom of opinion and expression, unless it directly incites violence or hatred.

In the cases of people arrested as part of the “I Love Muhammad” campaign, police mostly charged them under legal provisions prohibiting large gatherings aimed at “harm,” or acts that allegedly incite religious tensions. However, these provisions have been applied against those detained for social media posts, or wearing T-shirts that say “I love Muhammad.”

Nadeem Khan, national coordinator of APCR, the nonprofit that tracks these cases, has fought previous lawsuits against government officials for similarly targeting Muslims for their expressions on social media, or when their homes were bulldozed.

Khan told Al Jazeera that authorities were carefully using legal provisions that focused not on the phrase “I love Muhammad” itself, but on alleged crimes committed by those who used the expression or protested related police crackdowns.

“They know that there is no law that criminalizes simply expressing the phrase ‘I love Muhammad,’” Khan said.

Khan noted that images of Hindu deities carrying their traditional weapons across India have been common for a long time. “These images exist in every corner of the country, so should they offend or threaten all Muslims?” he asked. He added: “Everyone must understand that the government cannot criminalize a religion like this,” referring to Islam.

Since 2014, when Modi took power in New Delhi, India has consistently fallen on a range of international democratic indicators.

Criminalizing people’s right to freedom of expression and religious belief sets a deeply worrying precedent, said Aakar Patel, Chairman of Amnesty International India.

“Targeting people with slogans like ‘I love Muhammad’, which are peaceful and devoid of any incitement or threat, does not meet the bounds of criminal restraint under Indian constitutional law or international human rights law,” Patel told Al Jazeera.

He added: “Concerns about public order must be addressed proportionately and cannot justify blanket suppression of religious identity or religious expression.”

“The role of the state is to protect rights on an equal basis, not to police the expression of beliefs,” said Amnesty International’s Patel. “Compliance with constitutional and international obligations is not optional, but rather a legal obligation.”

Is there a pattern?

Critics say the crackdown is only the latest instance of Indian Muslims facing marginalization, violence or the brunt of the law since Modi came to power in 2014.

In the past 11 years, incidents of hate speech targeting religious minorities have risen dramatically. Documented cases of hate speech jumped from 668 cases in 2023 to 1,165 cases last year, an increase of about 74 percent. A large majority of these incidents occurred in states ruled by the BJP, or places where elections were upcoming.

Asim Ali, a Delhi-based political analyst, said local disputes between Hindus and Muslims are now increasingly quickly turning into national issues.

“There is a whole ecosystem, from malleable media to social media, to quickly spread this hatred,” Ali said. He added: “The law is read in such a way that any expression of religious identity, especially for Muslims, is seen as incitement to religious hatred.”

After the “I Love Muhammad” episode in Kanpur, BJP leaders in Modi’s Varanasi constituency placed posters reading “I Love the Bulldozer” at major intersections in the city, in reference to the bulldozing of homes of those accused.

How does this affect young Muslims?

Rashid Kidwai, a political analyst, said the dispute over “I Love Muhammad” is “very political, not religious.”

In India, there is growing frustration among Muslims, especially young people, who see that one set of rules does not apply to everyone when it comes to matters of cultural identity and eating habits, says Kidwai.

Among those charged or arrested as part of the “I Love Muhammad” campaign are young Muslim adults, according to APCR data, including those arrested for social media posts.

Ali said the campaign against the phrase “I love Muhammad” risks alienating young Muslims even further. “In theory, everyone is already guilty and could face action simply for existing,” he told Al Jazeera.

He added: “It is now difficult to imagine what the future may hold.” “The pace of hatred is increasing day by day.”