British Sikh Group Prepares For Judicial Review Of Islamophobia Definition

A British Sikh organisation opposed to a proposed definition of Islamophobia that it fears would be discriminatory to other communities and religious faiths is preparing to mount a legal challenge against the government if such a move goes ahead.

The Network of Sikh Organisations (NSO), an umbrella body set up to promote better understanding of the Sikh faith and interfaith harmony in the UK, has issued a pre-action letter in preparation for a judicial review.

The letter, addressed to the Secretary of State for Housing, Communities and Local Government, comes as the ministry prepares to make a decision on the recommendations of the Working Group on Anti-Muslim Hatred/Islamophobia – set up earlier this year by then UK deputy prime minister Angela Rayner to deliver a definition of anti-Muslim hatred.

“An official definition of Islamophobia will have directly discriminatory consequences for Sikhs and other groups,” cautions Lord Indarjit Singh, NSO UK Director.

“On several occasions, NSO has expressed serious concerns that a broad, non-statutory definition of ‘Islamophobia' will interfere with the ability of Sikhs to freely manifest their religion and beliefs,” he said.

The group objects to the appointment of the Working Group and a lack of engagement, and challenges the lawfulness of any decision that has been made or will be made as a result because “any definition of Islamophobia will place Sikhs, as well as members of other faiths, at a disadvantage, and will therefore be discriminatory for the purpose of Article 14 of the ECHR (European Convention on Human Rights)”.

Back in 2018, the All-Party Parliamentary Group (APPG) on British Muslims had defined Islamophobia as a “type of racism” that targets expressions of Muslimness.

There are fears that the adoption of some form of this contested definition into law would have serious implications on free speech and ability to discuss historical facts.

Steve Reed, the new minister in the Ministry of Housing, Communities and Local Government (MHCLG) after a recent Cabinet reshuffle, has indicated a shift in government stance over the issue when asked about the definition during an event at the Labour Party conference last week.

Asked by ‘The Times' newspaper how he would prevent an Islamophobia definition being used to shut down criticism of Islam, he said: “I think [the Working Group] is due to report fairly shortly but when I'm looking at their proposal… paramount in my mind would be the need to protect free speech. That must come first.

“We won't allow the introduction of blasphemy laws by the back door. As a country, we spent centuries really overcoming that kind of thing, and that won't be coming back in. Nobody has the right not to be offended, and people should have the right to criticise or even mock religion, or even individual religions.” NSO UK has said that it remains open to resolving the matter without recourse to litigation, with the outcome of the ministerial action following the Working Group's recommendation set to determine the next steps in the coming weeks.

The independent Working Group, chaired by former attorney-general Dominic Grieve, was created in response to what the government said was a concerning rise in anti-Muslim hate crime.

According to the most recent official statistics quoted, two in five police-recorded religious hate crimes were directed at Muslims, highlighting the “urgent need for a clear and robust framework to address this form of hatred”.

However, groups such as NSO UK believe that such a move is counter-productive to community cohesion.

British Hindu groups have also raised concerns over plans for such a focus on Islamophobia that would not be “comprehensive and inclusive”, factoring in hate crimes against other faith groups. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)