Christian leaders express concerns about HP anti–conversion law to UPA chairperson

Christian leaders have expressed their disappointment and concern about the anti–conversion law that was recently implemented in the hilly state of Himachal Pradesh to the chairperson of the coalition government, the United Progressive Alliance (UPA), at the Center.

The controversial law dubbed as a freedom of religion law, which was enforced in February after the State Governor gave his assent, is being suspected by many as an instrument of curbing religious freedom and hindering the activities of the Christian missionaries in the state.

Ironically, Himachal Pradesh is the first state which, in spite of being ruled by the secular Congress party, has enacted such a law. Interestingly, last year, Congress party president, Ms. Sonia Gandhi had assured the Christian community in writing that her party was against such laws and would take all steps to oppose them. Prior to this, anti–conversion laws were in force in the states of Orissa, Madhya Pradesh, Chhattisgarh, and Arunachal Pradesh – states governed by the Hindu national Bharatiya Janata Party (BJP) or its allies. Gujarat state passed a similar law in March 2003; but the law has not been enforced because the government has not yet formulated the rules under the Act. Tamil Nadu was another state that enacted the anti–conversion law in October 2002. However, the state government scrapped it following the defeat of the Hindu nationalist Bharatiya Janata Party (BJP) in the 2004 Lok Sabha elections. In Rajasthan, though the State Assembly has passed the anti–conversion laws, yet, the Governor has refused to give assent to it.

Disappointed at the breach of trust committed by the Congress party which had always assured the Christian community of its commitment to allow Indians freedom to “practise, profess and propagate” their faith, several Christian leaders have voiced their grievances to Ms. Sonia Gandhi, who is also the Congress party president.

“The last thing that the citizens, particularly the minorities, expected from the Congress,” is the anti–conversion law, said Archbishop Vincent Concessao of Delhi who is the president of the National United Christian Forum (NUCF), the largest Christian alliance in India comprising of the Evangelical Fellowship of India (EFI), National Council of Churches in India (NCCI) and the Catholic Bishops Conference of India (CBCI).

According to the archbishop, the Christian community would like to appeal to Mrs. Sonia Gandhi to ensure that every citizen in India, particularly the minorities, feels secure. "If the party needs to be cleansed of communal elements, it must be done for the sake of the country, democracy and secularism," the archbishop said.

"What was the need of the Bill?" Archbishop Concessao asked. "This much is very clear that earlier they [the Congress party] fought against such Bills. But we also know that Congress leaders are very secular but it looks like there are elements which are communal."

“It may be recalled that even in your capacity as the chairperson of the UPA government and president of the Congress party, you had condemned these Bills publicly and also written to the All India Christian Council (AICC) about the same in a letter dated 27th July 2006. It was encouraging to know that the Congress party in all these five states under your able leadership had vehemently opposed these Bills and even demonstrated against them,” said Abraham Mathai, vice–chairman, Maharashtra Minorities Commission. “[But] such a [law] that undermines the very spirit of democracy especially in a Congress–ruled state is an embarrassment to the party, which is seen as the only hope and champion of secularism in this nation. Besides negotiating and contradicting the integrity and the stand of the Congress on this issue, such a trend when allowed to continue will even weaken our resolve in fighting against communal forces and their repressive policies.”

Expressing “deep regret” over the Governor’s decision to give assent to the Bill, Rev. Richard Howell of the Evangelical Fellowship of India (EFI) noted, “Though the Act seemingly bans conversion by coercion or allurement, similar Acts have been misused in other states to harass Christian workers and at times, even hinder genuine conversions.”

“The Act forbids any attempt of a person to convert from one religion to another through inducement or fraud. Those found to be at fault will be imprisoned up to two years and/or will also be fined Rs. 20,000,” he said.

“A person wishing to convert has to give 30 days prior information to the district magistrate of the district. The magistrate will then arrange an investigation to check the motives of the person wishing to convert,” he added.

Calling the law “useless,” Bishop Gerald Mathias of Shimla Diocese warned that the law was politically motivated as the government had failed to back their claims of forcible conversion in the state with adequate evidence.

“Approving this law was totally unnecessary. Congress professes to be a secular party but it has approved this law that discriminates against religions. There have been absolutely no cases of forced conversion on a large scale. Even Dalits here are very few. This law will serve politicians to make people forget about real problems of the state and to focus attention on non–existent conversions,” the bishop said, noting that this was the first anti–conversion law to be ever enacted in a state governed by a secular Congress party.

According to the provisions of the law, the bishop noted, “converting women and persons belonging to Dalit and tribal communities is punishable by three years in prison and high fines. This is a means to block the missionary and social activities of the Church, which helps the most vulnerable members of society with its health care centers and schools.”

The Church of Himachal Pradesh, like the rest of India, “is at the service of the poor and oppressed. If fundamentalists want to strike us with their words and actions, let them do so. But we will continue our work because ultimately truth will prevail. The most important thing for us is that the poor whom we serve know our real intentions and feelings,” the bishop said.

“It is highly regrettable that the secular Congress government in Himachal Pradesh has chosen to pass this law, which severely undercuts the fundamental right to freedom of religion, particularly for exploited Dalits and tribals. The assent of the governor amounts to an endorsement of the discrimination and persecution against religious minorities in that state, which has already begun since the bill was passed on 29 December,” said Dr. Joseph D’souza, president of the Dalit Freedom Network.

“Hindu extremist groups already seem to have been bolstered by the passage of this law, encouraged by the state–sponsored religious freedom restrictions which are becoming ever more common across India. This is a very troubling trend, and we urge the international community to make urgent representations to the Indian government about the proliferation of anti–conversion legislation,” said AICC partner organization, Christian Solidarity Worldwide’s (CSW) advocacy director Tina Lambert.

Alleging that the anti–conversion law had been enacted at the behest of Hindu fundamentalists, to target the Christians, AICC’s secretary general, Dr. John Dayal said, ''it is our experience that it favors a particular religion and denies people any freedom of faith.”

Calling the enactment of the law a “political gimmick,” Dr. Dayal suggested that AICC would not hesitate to challenge the same in the state High Court or the Supreme Court of India.

According to Dr. Dayal, the ruling Chief Minister Virbhadra Singh, by playing into the hands of Hindu fundamentalists, has alienated almost everyone, including a large chunk of his own party men and women.

"Going by available evidence, the former princeling and current Congress Chief Minister Virbhadra Singh apparently feels that unless he takes a page out of Gujarat supremo Narendra Modi's political manual, and makes Himachal Pradesh a `Deva–bhoomi' abode of gods and goddesses immediately, he will not return to power when the Assembly goes to the polls," Dayal suggested, adding that he would also approach the State Information Commissioner, and if required, the Central Information Commissioner and demand data regarding the number of forced or induced conversions carried out by Christian evangelists in the state – the primary reason suggested by the Himachal Pradesh government for passing the law.

“[We urge you to] constitute an inquiry against the Himachal Pradesh chief minister for anti–party activities and set the record straight by repealing this anti–human rights law of the Anti–Conversion Bill,” said Sam Paul, secretary of All India Christian Council in his letter to the UPA chairperson.

The anti–conversion law has also irked some Congress party members including former Mumbai High Court judge and now Congress Member of Parliament Mr. Justice Vijay Bahuguna.

Justice Bahuguna said the decision of the Congress government in Himachal to bring forth such legislation had not only surprised party men, "but it also shocks the conscience of ordinary Congress men." He said the party should not be judged by this one act but on its ideological commitment to secularism. Asked if he would press for the repeal of the Himachal Bill, Justice Bahuguna said he would raise the matter in the All India Congress Committee of which he was a member. "There is distinction between religion and politics. Everyone has freedom to propagate his religion. I can certainly assure that there will not be any complaint in Himachal that Congress government is suppressing Christians in the state it."

The law could only be repealed by the state legislature, which had adopted, Justice Bahuguna said.

Meanwhile, Himachal Pradesh Chief Minister Virbhadra Singh, on his part, has said he “has not banned conversions, but only laid down a procedure for it, and prevented fraudulent conversions.”

There are about 10,000 Christians in Himachal Pradesh out of a total population of 6.5 million.