Subj: India: Gujarat – theft of religious freedom.

INDIA: GUJARAT – theft of religious freedom.

The Gujarat Freedom of Religion Bill was passed in the Gujarat State Assembly on Wednesday 26 March.

“‘We will oppose this draconian law as it’s against the spirit of India’s constitution which allows freedom to propagate and practise any religion,’ said Samson Christian, a spokesman for the All India Christian Council.” Christians in Gujarat condemn the law, saying it targets their religion and will deny people freedom to practise the religion of their choice. (Link 1)

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GUJARAT FREEDOM OF RELIGION BILL

The Gujarat Freedom of Religion Bill is modelled on similar anti-conversion legislation adopted in the southern state of Tamil Nadu in October 2002. The introduction of this legislation fulfils a Bharatiya Janata Party (BJP) campaign promise from December 2002 when the BJP won the Gujarat state elects with a two-thirds majority.

The language in the Bill’s “Statement of Object and Reason” is highly provocative. It contains the usual reference to “force, allurement and fraudulent means”, however, terms such as “anti-social”, “subversive”, “vested interest groups” and “exploiting innocent people” also demonstrate the deep contempt that proponents of Hindutva have for Christian workers and witness.

Likewise, the Bill’s suggestion that banning conversions will “enable people to practice their own religion freely” is totally misleading. The reality is that this “Freedom of Religion Bill” will actually rob them of their religious freedom. This is a direct violation of the Indian Constitution, which guarantees freedom of religion. (Indian Constitution – Link 2)

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The Gujarat Freedom of Religion Bill is as follows (excerpts)

STATEMENT OF OBJECT AND REASON

Reports have been received by the government that conversions from one religion to another are made by use of force or allurement or by fraudulent means. Bringing in a legislation to prohibit such conversions will act as a deterrent against the anti-social and vested interest groups exploiting the innocent people belong to depressed classes and will enable people to practice their own religion freely. It will also be useful to maintain public order and to nip in the bud the attempts by certain subversive forces to create social tension. The Government has, therefore, decided to enact a law to prevent conversion by use of force or allurement or by fraudulent means.

2) Definitions: In this Act, unless the context otherwise requires, (a) “allurement” means offer of any temptation in the form of – (i) – any gift or gratification, either in cash or kind; (ii) – grant of any material benefit, either monetary or otherwise. (b) “convert” means to make one person to renounce one religion and adopt another religion; (c) “force” includes a show of force or threat of injury of any kind including threat of divine displeasure or social ex-communication; (d) “fraudulent means” includes misrepresentation or any other fraudulent contrivance; (e) “minor” means a person under eighteen years of age.

3) Prohibition of forcible conversion No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by fraudulent means nor shall any person abet such conversion.

4) Punishment for contravention of provisions of section 3 Whoever contravenes the provision of section 3 shall without to any civil liability, be punished with imprisonment for a term which may extend to three years and also be liable to a fine, which may extend to fifty thousand rupees.

Provided that whoever contravenes the provisions of section 3 in respect of a minor, a woman or a person belonging to Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which may extend to four years and also be liable to fine which may extend to one lakh rupees.

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Section 5 of the Freedom of Religion Bill makes it mandatory to secure the District Magistrate’s prior permission for any religious conversion in the state. Anyone who converts without prior permission from the District Magistrate, even if that conversion is deemed to be “in order”, shall be “punished with imprisonment for a term, which may extend to one year, or with fine which may extend to one thousand rupees or both.”

SURVEY OF CHRISTIANS IN GUJARAT

The Bill comes hot on the heels of a controversial survey, conducted by police, of Christians in Gujarat. Initially senior police officials denied that any such survey had taken place. However, the All India Christian Council has protested to the Gujarat General Director of Police and taken the issue to the Gujarat High Court. The Gujarat government has now admitted that the survey did take place.

The survey, conducted in early March 2003, was as follows: ————— To All Police Station Officers: Kindly get detailed information in your area regarding the Christian community from 1998 to 2002 and send it to us before March 13, 2003. All the information will be submitted to the state and Central government before the end of this month.

Kindly get: * Name * Year * Details of all Christian institutes * How many people were converted in your village this year * How many new institutes have come up during the year * Details about born Christians and converted Christians in your village * What are the reasons behind the conversion in your districts. —————- According to the Gujarat government, the survey on the Christian community was undertaken in response to a parliamentary query, to seek information in connection with the proposed Anti-conversion Bill. (Link 3)

The survey has left Christians in Gujarat feeling intimidated, harassed and very anxious about the possibility of targeted surveillance, reprisals and persecution.

POLITICS WITH RELIGIOUS MOTIVES?

In an article entitled “Gujarat moves against religious conversions”, Jill McGivering, a BBC correspondent in Dehli quotes Satish Pradhan, an MP with the right-wing pro-Hindu Shiv Sena party as saying, “‘For people who are poor, it’s a question of their bread and butter. But while giving bread and butter and medicines, [Christians] slowly start teaching the Bible and start converting them. We object to this.'” (Link 4)

The BBC article goes on to say, “Like many who support the bill, and unlike many Indian Christians, he (Pradhan) sees Christianity as a foreign religion which is trying to undermine India’s Hindu culture. ‘Why should we keep mum?’ he said. ‘We’re proud to be Hindus.'”

According to the BBC article, Christian missionaries are the main target of the Bill and the Shiv Sena Party wants anti-conversion legislation to be adopted across the whole of India.

RELIGION WITH POLITICAL MOTIVES!

The BBC article also quotes Professor DN Pathak, the president of the non-government group, the People’s Union for Civil Liberties of Gujarat. He believes that the Gujarat state government is inciting religious polarisation and tension for political gain, to deflect attention from economic and social problems.

“‘They’re side-tracking. The real issue is development, removing poverty and creating a better quality of education, health and human rights. But instead of touching these issues, the government seems to be rousing people’s religious sentiment.’

“He pointed out that Christians constitute less than 0.5% of Gujarat’s population whereas about 85% of the state are Hindus. ‘To feel Christians are going to increase their population and that they will be a threat to many Hindus is absolute nonsense,’ he said.

“Some lower caste Hindus converted to Christianity or Islam, he said, as a way of having the upward mobility and social equality that Hinduism didn’t offer. ‘That freedom,’ he said, ‘should not be touched.'”

– Elizabeth Kendal

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The All India Christian Council is launching a major appeal against the Bill in the High Court of Gujarat. To support India’s Christians

The President of India: His Excellency, The President of India Fax: 91 11 301 7290

The Prime Minister of India: Mr Atal Bihari Vajpayee, Honourable Prime Minister of India Fax: 91 11 301 6857

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Links

1) Reuters, “Gujarat bans conversions using bribery, force” Ahmedabad, 26 March 2003 http://www.hindustantimes.com/news/181_221877,000900040003.htm

2) The Constitution of India http://alfa.nic.in/const/a1.html See under “Part III – Fundamental Rights”

3)”Gujarat admits carrying out survey on Christian” Press Trust of India, Ahmedabad, 10 March 2003 http://www.hindustantimes.com/news/181_209280,000900040003.htm

4) BBC “Gujarat moves against religious conversions” by Jill McGivering in Delhi, 25 March 2003 http://news.bbc.co.uk/2/hi/south_asia/2885741.stm

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