The head of the Catholic Church in Chhattisgarh has expressed concern after the country’s highest court declined to hear a challenge to local restrictions affecting Christian pastors and missionaries.
On 16 February, the Supreme Court of India upheld an earlier decision of the Chhattisgarh High Court relating to resolutions passed by village councils in several tribal areas. The councils had reportedly barred Christian pastors and tribal converts from entering certain villages, citing concerns about alleged forced or induced religious conversions.
Archbishop Victor Henry Thakur of Raipur said he was disappointed by the ruling. He described the earlier court order as discriminatory and said it appeared to restrict citizens’ constitutional rights, including freedom of movement and the right to share their faith.
However, the Supreme Court’s dismissal of the plea appears to have been based in part on procedural grounds. The bench, comprising Justices Vikram Nath and Sandeep Mehta, indicated that the petitioners should first seek remedy through the appropriate local administrative authorities before pursuing further legal action.
The case arose after billboards were reportedly erected in several villages stating that the entry of Christian pastors and priests was prohibited under local rules. The villages named in the petition include Kudal, Parvi, Junwani, Ghota, Ghotiya, Havechur, Musurputta and Sulangi.
A lower court had previously ruled that the notices could not be described as unconstitutional, stating that they were intended to prevent conversions through force, fraud or inducement. The court further said the measures appeared to be aimed at protecting indigenous tribal communities and preserving local cultural heritage.
The petitioner, Digbal Tandi, had argued that the restrictions amounted to discrimination and segregation against Christians. His legal counsel also questioned why those affected should be required to approach the same local bodies responsible for passing the disputed resolutions before seeking judicial relief.
India’s Constitution guarantees the right to profess, practise and propagate religion. At the same time, individual states are permitted to enact laws regulating religious conversions.
At present, 10 of the country's 28 states have legislation restricting conversions carried out through force, fraud, coercion, undue influence or inducement. Many of these laws require prior notification to or review by government officials, and they carry penalties including fines and imprisonment.
Christian leaders in Chhattisgarh have said they will continue to seek lawful avenues to protect what they view as constitutional guarantees of religious freedom.
This is a rewritten version of the original article from Matters India.
