British Sikh Organization Challenges Proposed Islamophobia Definition Over Discrimination Concerns

London:

A British Sikh organisation is preparing for a potential legal challenge against the government regarding a proposed Islamophobia definition that they believe could discriminate against other religious communities.

The Network of Sikh Organisations (NSO), which serves as an umbrella body promoting understanding of Sikh faith and interfaith harmony in the UK, has issued a pre-action letter in anticipation of a judicial review.

This letter has been addressed to the Secretary of State for Housing, Communities and Local Government as the ministry considers recommendations from the Working Group on Anti-Muslim Hatred/Islamophobia, established earlier this year by former UK deputy prime minister Angela Rayner to formulate a definition of anti-Muslim hatred.

Lord Indarjit Singh, NSO UK Director, warned: "An official definition of Islamophobia will have directly discriminatory consequences for Sikhs and other groups."

He further emphasized that "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."

The organization objects to the Working Group's appointment and claims there has been insufficient engagement. They challenge the lawfulness of any resulting decision on grounds that "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)."

Previously in 2018, the All-Party Parliamentary Group (APPG) on British Muslims defined Islamophobia as a "type of racism" targeting expressions of Muslimness. Concerns exist that adopting such a definition into law could significantly impact free speech and discussions of historical facts.

Steve Reed, recently appointed as minister in the Ministry of Housing, Communities and Local Government (MHCLG) following a Cabinet reshuffle, has indicated a potential shift in the government's position when addressing the definition at a Labour Party conference.

When questioned by 'The Times' newspaper about preventing an Islamophobia definition from restricting criticism of Islam, Reed stated: "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."

He added: "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 expressed willingness to resolve the matter without litigation, with their next steps dependent on ministerial action following the Working Group's recommendations in the coming weeks.

The independent Working Group, chaired by former attorney-general Dominic Grieve, was established in response to what the government described as a concerning increase in anti-Muslim hate crime.

According to recent official statistics, two in five police-recorded religious hate crimes targeted Muslims, highlighting what the government calls an "urgent need for a clear and robust framework to address this form of hatred."

However, organizations like NSO UK believe such an approach could be counterproductive to community cohesion.

British Hindu groups have also voiced concerns about plans focused specifically on Islamophobia that might not be "comprehensive and inclusive" of hate crimes against other faith communities.