The hindu american students’ Bill of Rights and Responsibilities.

A part of being Hindu American is balancing the individuality of American culture with the collectivist framework that sits at the heart of indigenous civilizations like Sanatana Dharma. The two different systems reflect two different paradigms – individualistic and collectivist – that are “normal” for each community. As Hindu Americans, we often feel the tug of these two different normals in our personal lives; perhaps we have different ways of thinking about our families than some of our peers who have more of an individualistic mindset about family and society. As a result, we may make decisions or hold opinions that our peers don’t understand; they may even find some aspects of our lives “unfair” or restrictive. It can be helpful to remember that we are simply operating from different frameworks, although this doesn’t necessarily mean others will understand this or that it’s easy even for us. 

One core aspect of how Hindus think about our membership in society is that, while we are certainly on our individual journeys, we have a responsibility to something bigger than our individual experience and individual rights. As we continue to understand and address Hinduphobia in our lives and the world, we come to understand our responsibilities as stewards of Dharma. This is a deeply personal journey, there is no prescription and there are no predetermined formulas; unlike Abrahamic religions, we don’t have a single book or a list of rules. What we do have is an incredible library of resources (i.e. our Itihasas, Vedas, Upanishads), our teachers (Gurus, Acharyas, elders), and our community, in addition to our practices of sadhana. What is so powerful about our tradition is that rather than indoctrinating us in moral certitude, it invites us to engage in understanding how to navigate the moral dilemmas that are a natural part of life.  

In this spirit, we present to you the Hindu American Students’ Bill of Rights and Responsibilities. There are no hard and fast rules defining a right versus a responsibility here; this is something for you to think about and incorporate into your life as and if it is helpful. While this is obviously not a legally binding document, we hope that it provides a framework of solidarity for Hindu Americans to support our collective journey as Dharma stewards. 

FREEDOM OF RELIGION

We all learn in elementary or middle school that the First Amendment to the U.S. Constitution (passed by Congress on September 25, 1789, and ratified on December 15, 1791) protects our Freedom of Speech, Press, Assembly, and Petition.  Specifically, the Amendment states,

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

You may also be familiar with the Establishment Clause (known colloquially as “the separation of Church and State”),

Congress shall pass no law respecting an establishment of religion.

What is rarely, if ever, discussed in school, media, or by the public is that while the First Amendment establishes the right to practice one’s religion, it does not establish the right for an individual or community to defend itself against conversion. Moreover, Article 18 of the Universal Declaration of Human Rights states:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Notice that this language includes the right to change one’s religion or belief (as an individual or a community) but, again, fails to recognize and protect the right to defend against conversion. 

WHY IS THIS IMPORTANT?

To begin with, the European settler colonists who first arrived on these shores forcibly converted the indigenous people of this land as well as the indigenous people of Africa whom they enslaved. This is why and how the United States became a Christian-majority nation. The forced conversion of Native Americans in the United States (and all over the Americas) continued long after the First Amendment was passed, including through the Indian boarding school system, which persisted until the end of the 20th century. In fact, it wasn’t until 1978, after decades of advocacy work by Native American leaders, that Congress passed the American Indian Religious Freedom Act (AIRFA), which gave Native Americans the right to practice their traditional ceremonies, including access to their sacred sites and use and possession of their sacred objects. (It wasn’t until 1994 that Congress legalized the use of peyote in Native American rituals.) In the years after the Act was passed, the Supreme Court has inconsistently honored it, often choosing economic or other “development” over the rights afforded to Native Americans in AIRFA. Recent examples include the encroachment onto Native American sacred lands, like at Standing Rock (to build the Dakota Access Pipeline) and Mauna Kea (to build the Thirty Meter Telescope). Even sympathetic media coverage of these events rendered the Native American argument as “cultural” rather than pertaining to sacred indigenous concepts of land. 

While I am concerned about and support Native Americans’ right to practice their traditions, what does any of this have to do with my rights as a Hindu American? 

FREEDOM OF RELIGION DOESN’T PROTECT OUR RIGHT NOT TO BE CONVERTED.

While freedom of religion upholds the right to practice one’s religion and to change one’s religion, by excluding the right not to be converted (and to defend against conversion), the paradigm creates a loophole that leaves vulnerable the religious freedom of non-proselytizing traditions and faiths and atheists. We see the impact of this throughout the world, including and especially for Hindus throughout South Asia.

Western human rights discourse has yet to fully accept the fundamental right of someone not to be made an object of proselytization (in the process of manifesting a religion) as a fundamental religious freedom.

~ p. 79, Problematizing Religious Freedom, by Arvind Sharma

FREEDOM OF RELIGION SYSTEMATICALLY FAVORS AND NORMALIZES INTOLERANT RELIGIONS THAT PROSELYTIZE.

Here, intolerant does not refer to individual people’s attitudes of inclusion or kindness, but to the theological core of the faith, which positions itself as the only acceptable path.  This is a core part of certain religions. Therefore, the free expression of religion, as protected by law, includes the right to proselytize and convert. As a result, conversion and proselytizing become normalized and neutralized as part of the framework and practice of religion, papering over the historic and contemporary violence done to indigenous communities across the globe by the two most dominant faiths, which are both intolerant. This includes the hundreds of millions of dollars sent by Churches and missions in the West, specifically to convert Hindus in India. This definition and understanding of religion also creates the false impression that all religions (or indigenous traditions that have been labelled “religion”, like Sanatana Dharma) are similarly intolerant and historically oppressive.

INDIGENOUS TRADITIONS IN THE AMERICAS CONTINUE TO ADVOCATE FOR THEIR RIGHT TO PRACTICE THEIR TRADITIONS.

Indigenous traditions of this land have been and are specifically harmed by how freedom of religion is enacted in the United States.  Religion is understood and framed through the (intolerant) Abrahamic lens. Secularism (or the separation of Church and State) is a response to that framework of religion. Meanwhile, indigenous ways of knowing and being - including sacred lands and rituals - have been targeted, prohibited, and overpowered by other interests, including business interests, the fossil fuel industry, and the Academy.

Title VI of The Civil Rights Act of 1964 - Religious Discrimination

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial Assistance.

“The civil rights laws enforced by the U.S. Department of Education’s Office for Civil Rights (OCR) protect all students, regardless of religious identity, from discrimination on the basis of race, color, national origin, sex, disability, and age. None of the laws that OCR enforces expressly address religious discrimination. However, Title VI of the Civil Rights Act of 1964 (Title VI) protects students of any religion from discrimination, including harassment, based on a student’s actual or perceived:

  • shared ancestry or ethnic characteristics, or

  • citizenship or residency in a country with a dominant religion or distinct religious identity.”

Any educational institution that receives federal funding is covered by Title VI. It is helpful to familiarize yourself with the nuts and bolts of this law and the ways in which it applies to campus life.  We recommend reading the linked resources carefully, as well as any resources your institution provides, for example, through their Office of Diversity.  As a primer, here are a few things to bear in mind (for more information, visit the U.S. Department of Education’s website): 

  • In addition to state schools, private schools and other institutions (museums, libraries) also receive federal funding.

  • Any program or activity that receives U.S. Department of Education (ED) funding must operate without discrimination. “These may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing and employment, if it affects those who are intended to benefit from the Federal funds.”

  • A recipient of ED funding may not retaliate against someone for opposing an unlawful (as framed by Title VI) practice or policy. Any retaliation is considered a violation of Title VI. 

  • OCR doesn’t have the bandwidth to investigate and review every single institution that receives ED funding, so it provides guidance and support to recipient institutions to help them voluntarily comply with Title VI. 

  • Anyone who feels their Title VI rights have been violated may file a complaint with OCR under Title VI. You may file on someone else’s behalf. 

  • A complaint should be sent to the OCR regional office that serves the state in which the alleged discrimination occurred

  • A complaint must be filed within 180 days of the date of the alleged discrimination unless the time for filing is extended for good cause by the Regional Civil Rights Director.

  • More details on how to file a complaint are available here.

  • The Department of Education recommends (but does not require) that a potential complainant may wish to activate their institution’s grievance process before filing a complaint with their regional OCR. 

For more information, check out the Hindu American Foundation’s Know Your Rights guide. 

Immigration FAQs

If you are an immigrant, on a work or student visa or a green card holder, or your parents are, you might be concerned that reporting Hinduphobia that you or your child has experienced will be used against you and could jeopardize your immigration status and employment or studies. Below are some frequently shared concerns and questions that pertain to different scenarios. We consulted with an immigration attorney to help equip you with some information and understand your rights and responsibilities and what precautions you might take to protect yourself. 

NOTE: This does not constitute legal advice. This content is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to you. Consultation with an attorney on a specific issue is strongly advised. Please consult a qualified employment attorney if you feel you have been unlawfully terminated. 

  • If I speak up and/or take action about Hinduphobia, does this put my immigration status in jeopardy in any way? 

    If you are a permanent resident (green card holder), the only conceivable ground that could jeopardize your permanent resident status would be if you are convicted of a crime.

  • If I speak up in class or in office hours to disagree with what a professor is saying about Hinduism or Hindu history or to make an academic critique of the literature used in class re: Hinduism/Hindu history, can the professor retaliate in a way that impacts my immigration status?

    As a general rule, everyone in America enjoys freedom of speech pursuant to the First Amendment. Having said that, there are possible ways in which a college or a professor can retaliate with plausible deniability. This occurrence is rare, but it is worth being prepared for.

    If you are on a student visa, you are required to “maintain status”. The Department of Homeland Security states: “While studying in the United States, it is important to maintain your F or M student status. Your status relates to the purpose, or reason for why you want to come to the United States. If the Department of State issues you an F or M student visa, this means that you are coming to the United States to study. You should not take any action that detracts from that purpose. Maintaining your status means:

    • Fulfilling the purpose for why the Department of State issued you your visa.

    • Following the regulations associated with that purpose. 

    Source: https://studyinthestates.dhs.gov/students/maintaining-status 

    This generally means attending classes as scheduled as well as completing coursework and assignments as required. However, there could be policies and rules of the academic institution itself which are vaguely worded in regard to the ability of students to participate in protests or a prohibition on “disturbing” the conduct of classes. A possible violation of those policies and rules could, in turn, affect your requirement of “maintaining status” and that, in turn, could jeopardize your student visa.

    Note that every college which admits international students on a student visa has a DSO (Designated School Official) and/or an International Services Office (ISO). This official and/or office is the link between the U.S. immigration authorities and your college. They are the ones who ultimately have the power to determine whether or not you are maintaining status.

    If I make critical commentary about Hinduphobic rhetoric in class discussions, linking it with the working definition of Hinduphobia, can the professor or my classmates retaliate in a way that impacts my immigration status?

    Same as above.

    If I speak to the Ombudsperson about my experiences with Hinduphobia - within formal academic settings (i.e. classes, office hours, public lectures) or other campus activities (i.e. rallies, student organization-led events, social events) - can this be held against me and impact my immigration status? 

    A complaint to the Ombudsperson in and of itself would not result in an adverse effect to your immigration status. However, an arbitrary application of vaguely defined policies and rules in a student handbook or similar such document may ensue as a result of your complaint to the Ombudsman. Note that, as explained above, this only applies to those on a student visa and not to permanent residents (unless you are convicted of a crime).

    A good practice is to document and evidence everything - all emails, correspondence and your protests.

    If I file a complaint (re: the above) with the Office of Diversity under Title VI, and the office finds that my complaint does not have merit, can the college take away my visa? If they find in favor of my complaint, can the offender (professor, administrator, peer) retaliate in other ways that jeopardize my visa? What are my rights?

    To answer the first question, no, the fact that your complaint lacks merit does not, in and of itself, result in cancellation of your visa. Also, the college cannot itself take away your visa.

    As noted earlier, the DSO/ISO ultimately has the power to determine whether or not you are maintaining status.

    It may, therefore, be a good idea (unless compelling circumstances dictate otherwise) to keep your DSO/ISO informed of your complaint and the circumstances surrounding the complaint. And, indeed, as a good practice, document everything.

    If the Office of Diversity finds in favor of your complaint, there can theoretically be retaliation with plausible deniability using the college’s policies and rules of conduct as explained earlier. 

  • If I am required to teach material that is Hinduphobic and I voice my concerns to my supervisor, can they retaliate in a way that jeopardizes my work status and/or my visa?

    There can theoretically be retaliation, but not on the ostensible grounds that you’ve voiced your concerns for that would be in violation of your constitutional rights. 

    There can be, as you’d imagine, numerous other ways in which you are forced out of your teaching assignment with sufficient plausible deniability. If your student visa or work visa depends on you having a teaching assignment and you are forced out of it, you don’t have an immigration status in the U.S. Therefore, you may have to leave the country unless you are able to find another assignment or change your immigration status through another route.

    If I file a complaint, can that be held against me or can any party retaliate against me (directly or indirectly) that impacts my immigration status?

    Same as answered earlier.

    If I share any of these experiences on social media, can this be used against me and jeopardize my visa? 

    Read your college handbook or policy book to ensure that it doesn’t prohibit sharing of your experiences on social media. If you do violate them, your employment or studentship could be terminated which, in turn, would result in you losing your immigration status.

  • If I am required to teach material that is Hinduphobic and I voice my concerns to my supervisor or my peers, or I change the syllabus or teach the existing syllabus critically, can they retaliate or take action in a way that jeopardizes my work status and/or my visa? 

    There can theoretically be retaliation, but not on the ostensible grounds that you’ve voiced your concerns for that would be in violation of your constitutional rights. 


    There can be, as you’d imagine, numerous other ways in which you are forced out of your teaching assignment with sufficient plausible deniability. If your student visa or work visa depends on you having a teaching assignment and you are forced out of it, you don’t have an immigration status in the U.S. Therefore, you may have to leave the country unless you are able to find another assignment or change your immigration status through another route. You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.

    If I discover that my colleagues are using scholarship, teaching content, or engaging with students in a way that can be identified as Hinduphobic, and I voice my concerns to them privately, can they retaliate or take action in a way that jeopardizes my work status and/or my visa? 

    An adverse effect on your visa for privately raising concerns is extremely unlikely. Indeed, if you sense that the academic institution has a pattern of forcing out teachers who don’t toe a certain line, that could be detrimental to your immigration status. 

    If my Hindu students share that they have experienced Hinduphobia, and I take any action to support them, does this make me vulnerable vis-a-vis my work visa? 

    You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.

    If I experience Hinduphobic rhetoric from students, peers, or supervisors in any way not described above, and I speak about it directly to them, can they retaliate in any way that jeopardizes my visa?

    Same as previously answered.

    If I speak to the Office of Diversity about any of the above situations, making a formal discrimination complaint, can any of the involved parties retaliate or take action (directly or indirectly) in a way that jeopardizes my work status and/or my visa? 

    Same as previously answered.

    If I share any of the above experiences on social media, can this impact my immigration status? 

    Read your college handbook or policy book to ensure that it doesn’t prohibit sharing of your experiences on social media. If you do violate them, your employment or studentship could be terminated which, in turn, would result in you losing your immigration status.

  • If I decide to talk to my child’s K-12 teacher, guidance counselor, or a school administrator about my child’s experience of Hinduphobia in the classroom (i.e. the curriculum, class discussions) or in other non-academic situations (i.e. on the playground), can the school or any school employee contact my employer or USCIS or take legal action that negatively impacts my employment or visa? 

    They can certainly try to contact your employer or USCIS, but it’s extremely unlikely that those attempts would result in termination of your visa. USCIS doesn’t generally entertain unsolicited complaints (except in clearly defined situations such as fraudulent marriage for the purposes of obtaining immigration status). In regard to your employer, ensure that there is a level of trust between your employer and you.

    If I get involved with Hindu American community organizations that advocate to address Hinduphobia in K-12 schools, can someone contact my employer or UCIS or take legal action that negatively impacts my employment or visa? 

    Same as above. Do note that your involvement with the Hindu American community should be purely voluntary and should not amount to active labor, paid or otherwise. That could result in a violation of your visa rules.

    If I discover that my child’s teacher or professor or peer is inquiring about my immigration status after my child or I have spoken out or posted on social media about Hinduphobia, what should I do? What are my rights?

    There isn’t much you can do if there is a general inquiry into your immigration status. Such an inquiry, in and of itself, does not result in anything adverse.  

  • If I file a formal complaint about Hinduphobia at my school or college through Title VI, can this be used against my parents, spouse, or other family members and jeopardize their immigration status? 

    Filing of a formal complaint cannot, in and of itself, be used against your family members. Indeed, if someone knows of any questionable aspects in the immigration applications or the immigration status of your family, that could result in anonymous reportage to the USCIS. 

    If I post on social media about Hinduphobia at my school or college, can this be used against my parents, spouse, or other family members and jeopardize their immigration status? 

    Same as above.

NOTE: This does not constitute legal advice. This content is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to you. Consultation with an attorney on a specific issue is strongly advised. Please consult a qualified employment attorney if you feel you have been unlawfully terminated.