The Australian Human Rights Commission accepted a complaint made against the Hindu Council of Australia (HCA), Mr Sai Paravastu, the President of the Council and Ms Neelima Paravastu, the head of PRO, Media & Marketing.
The complaint has been made by the Alliance Against Islamophobia (AAI), under section 18C of the Racial Discrimination Act 1975 (Australia) which makes it unlawful to do an act, other than in private, if the act is reasonably likely to offend, insult, humiliate, or intimidate another person or a group of people because of their race, colour, national or ethnic origin. It aims to protect people from racial vilification and discrimination in public settings.
The law states that an act is considered public if it causes words, sounds, images, or writings to be communicated to the public, or if it is done in a public place or in sight or hearing of people in a public place. However, exemptions exist under Section 18D to protect freedom of speech in specific contexts such as artistic works, academic debate, scientific inquiry, or fair comment done reasonably and in good faith.
The complaint concerns conduct of the HCA, Mr Paravastu and Ms Paravastu between September 2024 and July 2025 and alleges they engaged in serious and repeated public acts of racial hatred against South Asian Muslims.
According to the complainant’s lawyers, Birchgrove Legal, the complaint details acts of racial hatred, primarily disseminated through social media platforms including X (formerly Twitter), and Instagram, but also traditional media. The posts are alleged to reasonable likely offend, insult, humiliate or intimidate another person or group of people on the basis of their Muslim ethno-religious origin.
AAI said the behaviour of HCA members left them feeling marginalised and unwelcome in their own community.
“The HCA’s mission speaks of living in harmony with other religious and cultural communities, yet the behaviour we have experienced is the exact opposite,” a spokesperson for AAI said.
“As Muslim members of Australia’s diverse multicultural fabric, we cannot simply stand by while an organisation acts against the very principles it claims to promote,” AAI said.
“This is also a message to institutions and leaders who continue to fund, platform or legitimise an organisation that behaves this way. If you will not act to protect communities from harm, then we will use the law to ensure our rights are respected.”
“We believe in an Australia where faith is not a barrier to dignity, safety or belonging.”
And the complaint seeks:
- A formal public apology from HCA and their committee members;
- Immediate removal of the offending material from all platforms;
- An enforceable undertaking to cease further vilifying conduct; and
- Compensation for the harm and distress caused.
According to Moustafa Kheir, Principal Lawyer at Birchgrove Legal:
“The HCA and key members of its team have unfortunately engaged in conduct that singles out Muslims in ways that are threatening and exclusionary.”
“The publications consistently depict Muslims, particularly those of South Asian descent, as inherently criminal, uniformly threatening to society, and as a group that should be excised or exiled from public places.”
The complainant AAI on their website, under the ‘Awareness’ tab say:
Far right Hindu extremist groups and the epidemic of hate speech in Australia
The rise of Hindutva ideology in India has fueled global hate groups, including in Australia. These groups misrepresent Hinduism, vilify dissenters as “anti-Hindu” or “Hinduphobic,” and incite violence. They dehumanize Australian Muslims using Nazi hate speech techniques, spreading hatred online.
A 2021 survey found 80% of Australian Muslims faced discrimination, with 88% reporting increased Islamophobia in a later survey. This threatens their safety and undermines Australia’s values of diversity and multiculturalism.
The two paragraphs read together convey as if far right Hindutva groups in Australia have been victimizing those 80% and 88% victims. But there is absolutely no connection between the claims made in para 1 above and the survey stats in para 2. In the 2021 Survey, the word Hindu appears only twice, that too in a very benign context, without any allegations of Anti-Muslim conduct. The word ‘India’ or ‘Indian’ does not even feature in the report.
It is not known if the AAI first availed itself of all the avenues to have their concerns addressed. The two communities have to live together everywhere in Australia. Leaders on both sides will be revered members of their respective communities. For instance, Indians in Sydney group have just honoured the Hindu Council of Australia president Sai Paravastu.
BT has requested for a copy of the complaint made to the AHRC. According to the Guardian, the complaint includes a copy of an X post from Robinson, which was reposted by Neelima Paravastu, that included the words: “I’ve been warning America of the problems Islam brings for many years, hoping they’re not blind-sided like we in Europe were.”
The publications also include posts criticising the burqa and New York mayoral nominee Zohran Mamdani.
This will be another test for the relevance and applicability of Section18C. Readers will remember that Section 18C has been subject of vigorous debate, including proposals to amend or repeal it, but it remains a significant part of Australia’s anti-racial discrimination legal framework aimed at balancing protection from racial vilification with freedom of speech.
Stay tuned.