Christian meeting deliberates on anti–conversion laws and their repercussions

New Delhi – A high–level meeting was convened by various Christian groups to deliberate on the anti–conversion Bill passed by the state government of Rajasthan and other states at the India International Centre, Lodi Estate in New Delhi on 22 May 2006.

The consultation on 'Freedom of Faith, the Constitution and the Christian Community,' organized under the leadership of All India Christian Council (AICC), was attended by several dignitaries, including Rev. Enos Das Pradhan, general secretary of the Church of North India (CNI) and chairperson of the Commission for National Affair of the National Council of Churches in India (NCCI), Dr. M.P. Raju and Aparna Ray, advocates of the Supreme Court of India, Sr. Mary Scaria, secretary of Justice and Peace Commission of Delhi Catholic Diocese, Rev. Sunil Sardar of Truth Seekers, Bishop Karam Masih of CNI Delhi Diocese and Rev. Madhu Chandra of AICC, Operation Mobilization and Dalit Freedom Network.

Opening the session, Dr. John Dayal, secretary general, AICC and member of the National Integration Council, said that he had been regularly corresponding with the Union and state governments briefing them about the implications of the anti–conversion Bill in Rajasthan.

According to Prof. Hamid Ansari, chairman, National Commission for Minorities (NCM), the Christian community in India should be united in its fight against the anti–communal forces and the fight against anti–conversion Bill should be through legal means.

Supporting Prof. Ansari's view of challenging the Bill using legal means, Dr. M.P. Raju and Aparna Ray said that it was a moral victory for the Christians when the Rajasthan Governor, Pratibha Patil, returned the Bill to the state government refusing to sign it, on grounds that it contained some provisions that were unconstitutional.

Noting that the state legislative assembly intended to forward the Bill to the Governor again after making certain amendments, the legal experts said that the Governor could this time forward it to the President of India. In doing so, the President would have two options – either accept and approve the Bill so that the state government could go ahead with its implementation or the President could forward to the Supreme Court to know its legal validity.

And, even if the Bill was accepted by the President, the contents of the Bill could be challenged in a court of law, Ray noted.

Based on the deliberations, the consultation resolved to appeal to the President of India and inform him about the perils the implementation of the anti–conversion Bill.

According to AICC, the programme was necessitated by the spate of state–sponsored violence in recent months mainly targeted at Christian churches, personnel and institutions in the Bharatiya Janata Party (BJP)– ruled states.

"The police and subordinate judiciary have been fully misused by the BJP governments to harass Christians, even refusing to file FIR and grant bail," an AICC release stated.

"The so–called Freedom of Religion Bill, though still not yet a law in Rajasthan, has already been made active. Madhya Pradesh and other States have started using the law, which has been kept in abeyance so far to attack the minority Christian community," it added.

Legal experts feel that unless these laws are successfully challenged, the future will be bleak for all religious minorities in India. As the issue relates to Christians of Dalit origin and their legal struggle, it was decided that before moving the court, the senior Church leaders should be consulted and a think tank be formed to help formulate a multi–pronged strategy.

Under Article 25 of the Constitution, all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate religion subject to public morality and health and any other provisions of the law. It is also recognized under the Universal Declaration of Human Rights (UDHR) 1948 (to which India is a signatory) under Article 18 which states that every one has a freedom of thought, conscience and religion which right includes "the freedom to change one's religion or belief." This is reproduced in Article 187 of the International Covenant on Civil and Political Rights (ICCPR) which was ratified by India in 1979.

However, the minorities, particularly the Christian community, are being targeted repeatedly by Hindu extremists, their institutions are under constant harassment, places of worship are desecrated, worships are disturbed and their people are assaulted, attacked and even killed.

"It is not just an issue of the Christians alone. It concerns the liberal and secular heritage of India which makes the country what it is," AICC stated.