Conversion | SabrangIndia News Related to Human Rights Sat, 13 Jul 2024 09:06:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Conversion | SabrangIndia 32 32 Criminalising ‘Conversions’! https://sabrangindia.in/criminalising-conversions/ Sat, 13 Jul 2024 09:06:39 +0000 https://sabrangindia.in/?p=36745 On 1 July 2024, Justice Rohit Ranjan Agarwal of the Allahabad High Court in a bizarre comment said, “if this process (religious conversion) is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place […]

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On 1 July 2024, Justice Rohit Ranjan Agarwal of the Allahabad High Court in a bizarre comment said, “if this process (religious conversion) is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India.” The single- bench judge was hearing the bail plea of one Kailash booked under Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, said that Article 25 of the Constitution of India does not provide for religious conversion but only provides freedom of conscience and free profession, practice, and propagation of religion.

He added, that it is against the Constitutional mandate of Article 25 of the Constitution which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion. The Court also noted that in several cases unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the State of Uttar Pradesh. The Court on expected lines, denied bail to the accused.

Exactly a week later, on 9 July, the same judge Agarwal sang the exact same tune, denying bail to yet another accused in a case of alleged ‘illegal conversion’. He observed that the right to freedom of conscience and religion cannot be constituted as the right to convert others! He once again categorically stated that, The Constitution confers on each individual the fundamental right to profess, practice and propagate his religion. However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytize; the right to religious freedom belongs equally to the person converting and the individual sought to be converted.” 

The High Court referred to certain sections of the UP Government’s anti- conversion law of 2021. It noted that Section 3 of the 2021 Act clearly prohibits conversion from one religion to another based on misrepresentation, force, fraud, undue influence, coercion, and allurement. It further observed, that the Act provides for punishment for contravention of the provisions of the section, which also restricts a person from abetting, convincing, or conspiring to such conversion. Further, the Court stated, that the Act was enacted keeping in view Article 25 of the Constitution of India, which does not allow or permit any citizen to convert any citizen from one religion to another religion. Bail was also denied to the accused in this case!

Within a week, the same judge gave similar orders (patently unconstitutional) and denied bail to the accused. The charges against the alleged accused are unwarranted and unsubstantiated. The counsel of the accused, in the second case, had categorically submitted to the High Court that, ‘the FIR does not identify any “religion converter” as defined by Section 2(I)(i) of the 2021 Act. It was further submitted that the witnesses’ statements alleging undue influence for conversion were unsubstantiated. Finally, it was contended that no person who had converted to Christianity came forward to lodge a complaint. On the other hand, the AGA submitted that a case under Section 3/5 of the Act of 2021 was made out against the applicant, a resident from Andhra Pradesh.’ 

The points in contention, are the following:

  • Article 25 of the Constitution (Freedom of conscience and free profession, practice, and propagation of religion) guarantees the freedom of conscience, the freedom to profess, practice, and propagate one’s religion, to all citizens;
  • whoever has claimed that Article 25 gives one ‘the right to convert’?
  • however, if one (an adult) freely embraces (converts to) another religion of one’s choice or for that matter, ‘stops believing that God exists’, who is the State or the Court to intervene?
  • where is it written that ‘collective’ propagation of one’s religion, is not permitted?
  • Article 18 of the Universal Declaration of Human Rights (to which India is a signatory) states, “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”.
  • denying a person bail, when it is not a serious crime, goes against the principle of natural justice

Interestingly, several BJP- ruled States in the country have enacted anti-conversion laws (Rajasthan may be the next State to do so).  This is clearly a ploy, a bogey, to defocus from more serious issues which plague the country today!  Without any statistics to defend his arguments, Justice Agarwal is very frightened that “the majority population will become a minority in India one day” Even if his funda ‘fears’ are true, he will first need to answer the question WHY? Why are the people of India embracing Christianity or for that matter, any other religion?

Instead of ‘criminalising conversions’, the learned judge should take a cue from Dr B. R. Ambedkar and his conversion to Buddhism! Ambedkar’s conversion to Buddhism was not born of fantasy nor was it a sudden overnight decision. He had spent over twenty years studying various religions and discerning which one would be most suited for him and the down-trodden masses for whom he spoke. Addressing a huge gathering of Mahars in Bombay in May 1936 he transparently shared his ideas on conversion and why he considered it to be the best and only route towards emancipation. He unequivocally and courageously stated, “I tell you all very specifically, religion is for man and not man for religion; to get human treatment, convert yourselves”

Significantly, on 1 April 2021, the Gujarat Legislative Assembly amended the Gujarat Freedom of Religion Act 2003 which deals with instances of forcible religious conversions for marriage. This newly enacted amendment was challenged before the Gujarat High Court through writ petitions, on the grounds that it violated certain fundamental rights.  The Gujarat High Court passed an interim order prohibiting its application to inter-faith marriages. Observations of the Court in the aforementioned order provide useful insights in the aspects of freedom of marriage, free choice, and their significance under Article 21 of the Constitution of India (Right to Life). The Court also questioned the constitutional validity of such an “anti-conversion” law in light of established judicial precedents.

Addressing a public gathering on the 2003 Gujarat Law at the Nehru Centre in London on 11 June 2003, eminent Jurist and former Solicitor General of India, the late Mr. Soli Sorabjee said, “The Gujarat legislation goes one step further and provides that the person who is converted has also to seek permission from the District Magistrate about the fact of such conversion. Failure to comply with these statutory provisions invites severe punishment of imprisonment and fine. These provisions are objectionable. They intrude on a person’s right to privacy. One’s religious belief is essentially a private matter as is conversion from one’s religion to another.  It is a result of deep-seated inner convictions. The State laws have the effect of deterring genuine conversions and impairing the substance of religious freedom guaranteed by the Constitution. These laws have further shaken the confidence of the minority communities and accentuated their sense of insecurity.”

Instead of pathetically exposing his communal mindset, there is plenty, which the Allahabad High Court judge, needs to learn on Constitutional matters: justice and propriety!

(Fr. Cedric Prakash SJ is a human rights, reconciliation & peace activist/writer. Contact: cedricprakash@gmail.com )

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Allahabad HC’s recent judgement dubbed “saffron-tinged”, “fuelling fear among Christians,” says United Christian Forum https://sabrangindia.in/allahabad-hcs-recent-judgement-dubbed-saffron-tinged-fuelling-fear-among-christians-says-united-christian-forum/ Fri, 05 Jul 2024 09:28:58 +0000 https://sabrangindia.in/?p=36666 Raising a crucial question of whether “majoritarianism” is creeping into judicial pronouncements, the UCF, in a statement issued on July 4 has critiqued a July 1 judgement of the Allahabad HC that has made pronouncements on “conversions”

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The United Christian Forum (UCF) has expressed “deep anguish” over recent remarks by the Allahabad High Court in a bail order dated July 1, 2024, in the case of Kailash vs. the State of Uttar Pradesh. Kailash sought bail against purported offences under Section 365 of the Indian Penal Code, 1860 and Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. Justice Rohit Ranjan Aggarwal, while rejecting the bail application, stated, “If this process (conversion) is allowed to be carried out, the majority population of this country would be in the minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India.” 

Stating that Christians are as much citizens of India as anyone else and deserve equal protection under the law, the statement says that the constitutional Court should have limited its focus to the criminal law aspect of the case rather than being swayed by “majoritarian religious considerations and making sweeping statements about a specific religious community.” Further, the statement says that the UCF is concerned that these observations could expose the Christian community to further persecution.

The UCF has also pointed out that Christians in several parts of India, including Uttar Pradesh, Chhattisgarh, Madhya Pradesh, Manipur, and Rajasthan, face targeted violence. Analysing constitutional provisions, the statement says that the High Court failed to distinguish between voluntary and forced conversions and made several statements, such as:

  • “It (conversion)is against the Constitutional mandate of Article 25.”
  • “…such religious congregation should be immediately stopped where conversion is taking place and changing the religion of citizens of India.”
  • “Unlawful activity of conversion of people of SC/ST castes and economically poor persons into Christianity is rampant throughout Uttar Pradesh.”
  • “…it (Article 25) does not provide for conversion from one faith to another.”

Article 25 guarantees individuals the freedom to change their religion according to their conscience. The Court’s judgement suggests that conversion is against religious freedom, which contradicts various Supreme Court decisions upholding the right to change one’s faith. Additionally, the constitutional validity of several “anti-conversion” laws is currently under challenge before the Supreme Court.

“Despite no convictions for conversions via allurement in Uttar Pradesh, many cases have been filed under anti-conversion laws. In 2023, 733 hostile acts against Christians were reported to the UCF Helpline alone, and nearly half came from Uttar Pradesh. A People’s Union for Civil Liberties (PUCL) report titled Criminalizing Practice of Faith documented police collusion with self-described ‘Hindutva’ groups, noting frequent disruptions of Christian practices. Such mobs typically mobilise attackers, alert police about purported ‘forced conversions,’ and vandalise churches, recording and circulating videos of these actions. A petition calling for stringent measures against such vigilante groups remains pending before the Supreme Court.”

“Several ‘anti-conversion’ legislations mandate that only an affected person register a complaint. However, police often arrest Christians based on complaints from these self-ascribed “Hindutva” groups claiming prior knowledge of ‘forced conversions.’”

Article 14, a legal research group, has analysed over a hundred FIRs filed under the anti-conversion law in Uttar Pradesh and discovered that of these, 63 were based on third-party complaints, including 26 from organisations affiliated with the “Hindutva” political ideology. Researchers have documented how anti-conversion laws are used to target religious minorities. False cases can persist for years, justifying brutality and violence against Christians accused of conversion, violating their rights to life and liberty.

Despite the violent consequences we saw in Manipur after the communally coloured baseless statement of the Manipur High Court in W.P.(C) No. 229 of 2023, which was recalled after the Supreme Court’s observations, it is unfortunate that such incidents are repeated with impunity. Earlier in the murder case of Graham Stains, the Apex Court itself suo moto expunged the expression “Converting poor tribals to Christianity”, following public outcry and criticism from various quarters.

Given all these established precedents, the United Christian Forum has respectfully urged the Hon’ble Allahabad High Court to suo moto expunge the sweeping allegations made against the entire Christian community from the order dated July 1, 2024, considering the dangerous ramifications.


Related:

Allahabad High Court rejects bail plea in alleged conversion case; says Article 25 does not provide right to convert religion

Allahabad HC: Repeated rejection of police protection pleas of interfaith couples, here’s why this is problematic | CJP

Allahabad High Court quashes FIR against couple accused of ‘conversion’ accusations, upholds freedom of choice | CJP

Allahabad and Madhya Pradesh High Courts issue conflicting rulings on interfaith marriage under Special Marriage Act | CJP

Allahabad High Court stands firm on personal liberty interfaith marriage ruling | CJP

 

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Allahabad High Court rejects bail plea in alleged conversion case; says Article 25 does not provide right to convert religion https://sabrangindia.in/allahabad-high-court-rejects-bail-plea-in-alleged-conversion-case-says-article-25-does-not-provide-right-to-convert-religion/ Thu, 04 Jul 2024 12:46:11 +0000 https://sabrangindia.in/?p=36634 In a controversial interpretation of Article 25 of the Constitution, the single judge bench of Rohit Ranjan Agarwal said if this practice is not stopped, the “majority population of this country would be in minority one day”

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Introduction

On July 1, the single judge bench of Rohit Ranjan Agarwal at the Allahabad High Court rejected the bail plea of one Kailash, who is booked under Uttar Pradesh’s stringent anti-conversion law (The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021) and accused of ‘illegally’ converting villagers in Uttar Pradesh’s Hamirpur to Christianity. While rejecting the bail application, the court said “It has come into notice of this Court in several cases that unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the State of Uttar Pradesh. This Court, prima facie, finds that the applicant is not entitled for bail.” Pertinently, as per the FIR, the accused has been booked under Section 365 of the IPC (Kidnapping or abducting with intent secretly and wrongfully to confine person) and Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 (punishment for illegal conversion).

Significantly, in 1977, in a significant ruling –Rev. Stainislaus v. State of Madhya Pradesh [(1977) 1 S.C.C. 677)] – a five-judge bench of the Supreme Court made a distinction between propagation and conversion, and ruled that the former is a fundamental right while the latter is not an absolute right.

As per the complainant (“informant”) Rampali Prajapati, Kailash had taken away her mentally ill brother from Hamirpur to Delhi for attending the social gathering and ceremony for the “well-being”, and promised to treat her brother’s illness while assuring his return to the village in a week. As per the FIR registered at Maudaha Police Station in Hamirpur district (No.201 of 2023), when the informant asked about the whereabouts of her brother as he did not return after a week, no satisfactory response was provided by the accused. The FIR also mentions that many persons from the same village were taken to such gatherings and were converted to Christianity.

Kailash’s lawyer Saket Jaiswal rejected the charges and argued that Ramphal, brother of the complainant, was not converted to Christianity and he is not Christian to date. He further said that Ramphal had merely attended the gathering of Christian faith along with several other persons and the statements of various persons recorded by police cannot be taken into consideration at this stage. Jaiswal also brought to the notice of the court that Sonu Paster, who was holding such gathering, has already been enlarged on bail.

In response, the prosecution relied on the “statements of the witnesses” to contend that Kailash had been taking away people from his village for the purpose of converting them to Christianity, and for this act he was being paid huge money.

The problematic interpretation of Article 25 by the Allahabad High Court

After hearing both the parties, Justice Agarwal in his concluding remarks noted that “Article 25 of the Constitution of India provides for Freedom of conscience and free profession, practice, and propagation of religion, but it does not provide for conversion from one faith to another faith.”

The relevant part of the Article 25 of the Indian Constitution reads, “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice…”.

On the interpretation of “Propagation” as mentioned in Article 25, the verdict notes that the said word “…means to promote, but it does not mean to convert any person from his religion to another religion.” Notably, it does not cite any judicial precedent or case law at any place in its order for supporting its interpretation or judicial reasoning.

Conclusion

The judgement notes that “serious allegations” have been raised against the accused and the statements recorded by investigating officer reveal that “Kailash had been taking away people to attend the religious congregation held at New Delhi, where they are being converted into Christianity.” Furthermore, the court said the brother of the informant never returned back to the village. Justice Agarwal wrote in its concluding remarks that “If this process is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India.”

The judgement curiously maintains that Article 25 of the Indian Constitution does not allow religious conversion, but “only provides freedom of conscience and free profession, practice and propagation of religion.” Such judicial interpretation devoid of any reliance on judicial precedent is dangerous and deleterious for the fundamental rights of the citizens as it ends up upending the very purpose of Part III of the Indian Constitution which guarantees inviolable basic rights to its citizenry, including right to practice and propagate religion as contained in Article 25. Even the draconian anti-conversion laws enacted by several states across India, which severely restricts religious and personal freedom, including freedom to convert one’s religion, does not unqualifiedly ban the conversion as this judgement seems to do. Most importantly, while these anti-conversion laws have been challenged as unconstitutional and violative of Article 25, among others, the present judgement says that Article 25 itself proscribe religious conversion!

In the landmark case of Rev. Stainislaus v. State of Madhya Pradesh [(1977) 1 S.C.C. 677)], the five-judge bench of the Supreme Court made a distinction between propagation and conversion, and ruled that the former is a fundamental right while the latter is not an absolute right. The judgement said that the freedom to propagate religion does not include the right to convert another person to one’s own religion but qualified that such a conversion would be illegal only if it is done by force, fraud, or allurement.

The Allahabad High Court judgement can be read here:


Related:

Allahabad HC: Repeated rejection of police protection pleas of interfaith couples, here’s why this is problematic | CJP

Allahabad High Court quashes FIR against couple accused of ‘conversion’ accusations, upholds freedom of choice | CJP

Allahabad and Madhya Pradesh High Courts issue conflicting rulings on interfaith marriage under Special Marriage Act | CJP

Allahabad High Court stands firm on personal liberty interfaith marriage ruling | CJP

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By quashing the FIR against an interfaith couple accused of “conversion”, the Allahabad High Court restores jurisprudence on a constitutional path, upholds freedom of choice https://sabrangindia.in/by-quashing-the-fir-against-an-interfaith-couple-accused-of-conversion-the-allahabad-high-court-restores-jurisprudence-on-a-constitutional-path-upholds-freedom-of-choice/ Tue, 16 Apr 2024 11:36:33 +0000 https://sabrangindia.in/?p=34716 The petitioners had married under Special Marriage Act, 1954 and were booked under various Sections of the Indian Penal Code (IPC), including criminal conspiracy and kidnapping, along with provisions of the anti-conversion law of the state

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On March 13 this year the Allahabad High Court Bench of Justice Mahesh Chandra Tripathi and Gajendra Kumar while hearing the petition for quashing the FIR registered against the interfaith couples noted that “We make it clear that the question in the present petition is not about the validity of marriage of two individuals…Rather, the issue is about the life and liberty of two individuals in choosing a partner or their right to freedom of choice as to with whom they would like to live.” Thus, the court emphasised on the preponderance of Article 21 of the Constitution, guaranteeing liberty and dignity of an individual to make life choices, irrespective of religious considerations.

Notably, the FIR was registered at Bannadevi police station in Aligarh on December 5 last year, charging the petitioners under IPC Sections 379 (theft), 120-B (criminal conspiracy), 366 (kidnapping or inducing a woman to compel her marriage), and Section 3 and 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

Interestingly, the FIR invokes Section 3 and 5 (1) of the anti-conversion law, which relates to prohibition of conversion from one religion to another by fraudulent means and the punishment for the same, respectively, despite the fact that in the present case the petitioner had not converted her religion. This further adds weight to the claims about excessive abuse of Uttar Pradesh (UP)’s draconian anti-conversion law for punishing consenting interfaith couples.

This state law is under a constitutional challenge in the Supreme Court of India. Citizens for Justice and Peace is the lead petitioner. In its first petition challenging the anti-conversion laws of Uttar Pradesh and Uttarakhand, the Supreme Court had issued notice in January 2021, Thereafter, CJP challenged Madhya Pradesh and Himachal Pradesh laws were also added in this challenge. An additional petition was thereafter filed after the Karnataka and Haryana laws were passed in 2022 and the amendment to the Gujarat law was also enacted. In January 2023, CJP filed an additional petition challenging the anti-conversion laws of Chhattisgarh, Gujarat, Haryana, Jharkhand and Karnataka. Hence the anti-conversion laws of nine BJP ruled states are presently under the challenge in the Supreme Court, in which CJP is the lead petitioner.

Facts of the case

The petitioner by the name of Deepanshi had married her Muslim partner (petitioner no.2) under the Special Marriage Act (SMA, 1954), and since leaving her natal home she had been living with him. After the FIR was registered against them, the couple moved to the Allahabad High Court requesting the court for a direction to be issued to police to not arrest them with regard to the charges filed in the FIR.

In its March 4, 2024 order, the Allahabad HC after hearing both the parties recorded that the petitioners are “major” and have married of their own “free will” under Special Marriage Act, and possesses a valid marriage registration certificate. The bench of Justice Mahesh Chandra Tripathi and Gajendra Kumar further observed that the statement of the petitioner was yet to be recorded under Section 164 of the CrPC, and directed the investigation officer to produce the petitioner before the Chief Judicial Magistrate, Prayagraj, to record her statement under Section 164. Importantly, the bench decided to take the woman’s statement from Prayagraj after the interfaith couple alleged threat to their lives in Aligarh. Directing the Chief Judicial Magistrate to send the statement in a sealed cover, it restrained the police from arresting the couple until next date of hearing and asked the parties to cooperate in the meantime.

When the bench re-convened on March 13, it analysed the statement of the woman petitioner, in which she alleged that her father had beaten her up, and accused the police of filing a false and concocted FIR, noting that none of them had changed their religion. The bench after taking note of her desire to stay with her husband, noted that “the offence as alleged against the petitioners is not made out as victim had left her home in order to live with the petitioner no.2.” It relied on the ratio of Salamat Ansari vs. State of UP, in which the division bench of Allahabad HC had held the right to choose a partner irrespective of creed or religion an integral part of the fundamental right under Article 21. Further accentuating the point, the court reiterating the same judgement noted that “an individual on attaining majority, is statutorily conferred with the right to choose a partner, which if denied would not only affect his/her human right, but also his/her right to life and personal liberty guaranteed under Article 21 of the Constitution of India.”

Additionally, citing Gian Singh vs. State of Punjab, the bench justified the quashing of criminal proceeding in this case. Pertinently, Gian Singh judgement distinguishes between the categories of heinous crimes like rape and murder, and offences which are more of a private nature, like dowry, family disputes, and commercial issues.

The court finally quashed the FIR registered against the couples, pointing out that both the parties were major and the woman had left her home out of free will to live with her husband. It also noted that marriage had been solemnised and no conversion took place for the purpose of marriage.

This judgement assumes significance for the interfaith couples in UP as increasing number of false cases continue to be filed against them in the name of conversion and love jihad, especially after the implementation of UP’s anti conversion law.

The judgement may be read here:

 

Bumpy ride for interfaith couples at the Allahabad High Court?

While the present judgement has come as a relief to many interfaith couples, such jurisprudence has not been consistent at the Allahabad High Court. Before Salamat Ansari judgement was delivered, the court had on two previous occasions failed to protect the couples from the interference of the family, by holding that conversion by the girl in the respective case was void and invalid, as she did not know about the basic tenets of Islam nor did she show any faith in the aforementioned religion. Essentially, the court instead of granting protection to the couple, alleged that the conversion seems to have taken place for the sole purpose of marriage, and as such the request of the couple cannot be granted for protection.

Thus, in the case of Noor Jahan Begum @ Anjali Mishra vs. State of UP, the court went into the question of determining whether that conversion was valid or not, and finally determining that it was invalid, it declined to grant the protection to the couple, even though the couple had voluntarily asked for the police protection. The bench of Surya Prakash Kesarwani in the case had wondered, “Whether conversion of religion of a Hindu girl at the instance of a Muslim boy, without any knowledge of Islam or faith and belief in Islam and merely for the purpose of Marriage (Nikah) is valid?” Therefore, instead of determining the plea for what it was, i.e., a request for police protection, the court went into tangential terrain to determine who is real Muslim or practitioner of Islam, in order to verify whether the conversion was valid or not.

The judgement may be read here:

 

The same judgement was relied upon in the case of Priyanshi @ Km Shamreen vs. State of UP, in which the girl had converted from Islam to Hinduism just one month before her marriage, and the couple were requesting for a direction “not to interfere with their peaceful married life by adopting coercive measures.”

The order noted that “The Court has perused the record in question and found that the first petitioner has converted her religion on 29.6.2020 and just after one month, they have solemnized their marriage on 31.7.2020, which clearly reveals to this Court that the said conversion has taken place only for the purpose of marriage”. On the basis of this reasoning, the court refused to grant any direction and dismissed the petition.

The judgement may be read here:

 

This problematic understanding of the court in linking conversion with marriage has already been highlighted by us in the piece on the Allahabad High Court’s repeated refusal to granted police protection to interfaith couples.

However, the Allahabad High Court has also stood by interfaith couples in the past. Delivering a progressive verdict in the case of Salamat Ansari vs. State of UP in November 2020, the bench of Justice Vivek Agarwal and Pankaj Naqvi had observed that the judgements delivered in Noor Jahan and Priyanshi were “not laying good law.” As in the present case, the couple in Salamat Ansari had also requested that FIR registered against them under Sections 363, 366, 352, 506 of IPC and Section 7/8 of POCSO Act be quashed and no arrest takes place by the police. Significantly, in this case, the girl had even converted her religion, but that did not stop the bench from granting the relief to the petitioners, perhaps because then the UP’s anti-conversion law did not come into picture.

In Ansari case, the court relied on a number of Supreme Court judgements to grant the couple the requested relief and quashed the FIR.

The bench citing the precedents set in Shafin Jahan v. Asokan K.M, Lata Singh v State of U.P, Shakti Vahini Vs. Union of India, KS Puttaswamy vs Union of India, and NandaKumar vs. State of Kerala, noted in its order that “We do not see Priyanka Kharwar and Salamat as Hindu and Muslim, rather as two grown up individuals who out of their own free will and choice are living together peacefully and happily over a year…the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India. Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty. Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals. We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even State can have objection to relationship of two major individuals who out of their own free will are living together.”

The judgment may be read here:

 

As a constitutional court, the Allahabad High Court had made it clear that no infringement of fundamental rights can be permitted, even by the State, especially in matters of personal liberty and right to live with a person of one’s choice.

Similarly, the present judgement quashing the FIR against Aligarh couple is an empowering verdict, and in line with progressive judicial precedents, effectively strengthening the constitutional protection granted to all citizens.


Related:

Allahabad HC: Repeated rejection of police protection pleas of interfaith couples, here’s why this is problematic

SC issues notice to 5 states in CJP’s renewed challenge to anti-conversion laws

CJP’s amended petition allowed, CJP also challenges ‘love jihad’ laws of 5 more states

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UP Police arrest 10 after Hindutva outfits reportedly complained about conversion racket https://sabrangindia.in/up-police-arrest-10-after-hindutva-outfits-reportedly-complained-about-conversion-racket/ Wed, 07 Feb 2024 13:24:22 +0000 https://sabrangindia.in/?p=32963 Uttar Pradesh Police detain 10 people, including the Church’s priest, following claims of mass conversion after Hindutva outfits told police about an alleged conversion racket in Barabanki, Uttar Pradesh

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In a recent incident in Barabanki, the Uttar Pradesh police arrested about 10 people after officials stated that they busted a conversion ring at the Saint Matthews Methodist Church in the Deva area of Barabanki. Reports have alleged that the religious conversion attempt involved around 300 people in Barabanki. The event was to see people come to Barabanki from various villages in the state who, the police allege, would come enticed by promises of remedies for various illnesses and other issues. A report by the Hindustan Times has stated that most of those who were to attend the event were people from the Scheduled Caste community and that the attendees were mostly poor, vulnerable and illiterate people who had come to the church where they were allegedly being lured to change their religion.

The arrested people have been identified as Father Dominic Pinto, Dharmaraj, Surendra, Ghanshyam Gautam, Pawan, Suraj, and Sarju Prasad, with all, except Father Pinto, coming from Ayodhya. The authorities have launched an investigation and registered a case against them under relevant sections of the anti-conversion law, the Uttar Pradesh Unlawful Religious Conversion Prohibition Act, 2021, and the Indian Penal Code.

According to the report, the police were told about the alleged event by Hindutva outfits of the area. Vishwa Hindu Parishad district chief Brijesh Kumar Vaish and Bajrang Dal district convener Akhand Pratap Singh had reportedly made the first complaint. A complaint has alleged that conversion efforts were reportedly organised by one Father Pinto at the Navinta Prayer Centre and Church near St Matthew’s College in Barabanki.

However, claims of conversion are actually criticised by activists and scholars as something that has been used by right-wing groups as dog whistles very often. In an interview with Sabrang India earlier in 2023, Mr. AC Michael, the National Coordinator for the United Christian Forum, an advocacy group based in New Delhi, addressed the claims of mass conversions Christians are accused of. He stated that the government or courts of law must substantiate claims of alleged forceful conversions with concrete proof, data, and numbers. Mr. Michael mentioned how innocent victims are being unjustly arrested on charges of forceful conversion, despite a lack of supporting data. He also further stated there is a decline in the Christian population, and also pointed out that despite allegations of conversions, official government population censuses have consistently reported a stable Christian population.

The Christian community has consistently called on the government to address the acts of vigilante violence against Churches and Christians by Hindutva outfits across the country. After the recent acts of violence by Hindutva men against Christian communities in Madhya Pradesh’s Jhabua on January 21, which included the reportedly forced hoisting of saffron flags on the rooftops of four churches, leaders within the community came together to urge for heightened security measures.

Furthermore, according to a statement from the United Christian Forum on December 14, an average of two Christians face attacks every day in India. The report highlighted a disturbing trend, citing a total of 687 reported incidents of violence against Christians in 2023. Notably, the majority of these incidents, totalling to more than 531, occurred in North Indian states, with Uttar Pradesh seeing about 287 attacks, Chhattisgarh 148 and Jharkhand and Haryana at 49 and 47, being among the most affected regions.

 

Related:

Indian Christian community faces persistent attacks in first 10 days in 2024

Irony of 2023: High persecution of Christians, PM hailed by some religious leaders

Amidst festive cheer, India’s Christian community confronts prejudice and intolerance

Hindutva’s “rice bag converts” controversy

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With little to offer, the BJP throws in the “conversion” card: Chhattisgarh elections https://sabrangindia.in/with-little-to-offer-the-bjp-throws-in-the-conversion-card-chhattisgarh-elections/ Sat, 04 Nov 2023 11:47:50 +0000 https://sabrangindia.in/?p=30838 Another poll-bound state, Chhattisgarh, which is set to see voting for the state assembly elections on November 7 and 17, 2023, sees attempts at a communal campaign, by the Bharatiya Janata Party (BJP), again.

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Home Minister for the Union government, Amit Shah in his speech on November 3 accused  the Congress of inaction against the alleged cases of conversion in the state. He has also further alleged that the state machinery was being “misused to convert impoverished tribal communities.” During the rally held in the Pandariya Assembly constituency in the upcoming poll-bound state, he asserted, along with a discussion on corruption, “Our Constitution guarantees every citizen the right to worship their chosen God. However, using government machinery to convert poor tribal people is detrimental to Chhattisgarh, resulting in conflicts in homes and villages and a disturbed law and order situation.”

However, the case of tribals in Chhattisgarh is more complicated. On January 2, 2023, Newslaundry reported of an instance where a church in Chhattisgarh’s Narayanpur faced vandalism, ostensibly due to allegations of engaging in “conversions.” Furthermore, between December 9 and 18, a distressing situation unfolded where nearly 1,000 Adivasi Christians were subjected to persecution, resulting in their displacement from their homes. These findings were documented by a fact-finding committee, led by the Centre for Study of Society and Secularism. According to a press release by the United Christian Forum, about 520 Christians have been in turn arrested on accusations of forced conversions without any concrete evidence.

In March earlier this year, the situation became tense and complicated when two groups disputed over the burial rites of a tribal woman in the Christian tribal populated region of Bastar. About two percent of Chhattisgarh’s Christian population, primarily resides in the southern Bastar region of the state. The situation of the burial soon escalated and became a law and order situation after the police tried to control the two groups, one of which also started stone pelting at the police. According to Times of India, it took about 24 hours for the police to maintain control over the situation. Slogans against religious conversion were also raised.

The incident took place in the Parpa area of Bhejpadar village when at the death of an elderly woman, Mate Bekko, on March 19 a disagreement arose among the villagers over the question of how to lay her to rest. While the deceased woman’s family wished to perform a burial in their backyard the following day, a faction of villagers arrived at the site to voice their objections. They argued that despite the tribal family’s conversion to Christianity, a burial should not be the chosen method for the final rites.

After the law and order situation came under control, the burial was slated to take place as per the family’s wishes. However, even the burial ceremony had to be conducted under the protection of the police, which also witnessed heated events given the large number of people who arrived at the burial. It was only after the burial was prevented and the body was handed over to the police that the mob of people gathered calmed down.

On the part of the Bhupesh Baghel-ruled Congress government, during the incidents of violence and intimidation of tribals in the Bastar region, the former and present district presidents of the BJP from Narayanpur were arrested following two violent attacks. The Hindu had reported, in January this year, that the police arrested at least 11 persons — including the current and former district presidents of the BJP — in connection with separate, violent incidents over allegations of eligious conversions in Narayanpur in January. The police had taken action on two incidents — one in Gorra village where two groups clashed, and the church attack in which a Superintendent of Police was injured a day later. Among those arrested BJP leaders Rupsay Salam, 55, and Narayan Markam, 50, have been arrested in connection with an incident, in which Narayanpur Superintendent of Police (SP) Sadanand Kumar was injured and a church vandalised. Mr. Salam assumed charge as the BJP district president in October and since then, the duo have led several campaigns against Christian missionaries in villages across Narayanpur, sources said. This period has coincided with several violent incidents over the sensitive issue of religious conversions in the State.

According to a report by Parth M N, a similar case of violation of burial rites had further erupted back in May 2023 when Shyamlal,  a wage labourer hailing from Arracote was found dead after he had been missing. He was survived by his then pregnant 20-year-old wife Sukmiti. Shyamlal had been missing for some time when his dead body was found hanging from a tree. This left the family, who reportedly belongs to the Madiya tribe, in shock, however, this was not the end of their troubles. The situation took an even more dangerous turn when the family was confronted with an ultimatum as some local residents came and informed Shyamlal’s relatives that the customary last rites, which they intended to perform in their village, could only proceed if the family converted to Hinduism.

Instead of receiving the compassion and support they desperately needed, the family encountered harassment and intimidation. Driven by influential village members and incited by right-wing leaders, the people stated that Shyamlal’s final farewell would only be permitted in the village under one condition: the family must not bury him in accordance to Christian rites, but instead must conduct the Shyamlal’s final proceedings with Hindu rites.

According to the report, Sukmiti says that they have been following Christianity for about 40 years and it is very much a way of life for them. Shyamlal’s body could not be buried in the backyard. Sukmiti says that is where their ancestors are buried and that’s where they thought they both would be buried – next to each other. However, due to the vulnerable position they were in, Shyamlal had to be buried some 40 kms away from his home as the village remained tense with additional police force deployed.

According to a report by Sabrang India, violence against Christian minorities continues to rise. The violence tends to only be further intensified especially if the Christians affected belong to vulnerable and marginalised groups, such as scheduled tribes. According to the report, Chhattisgarh saw a second highest number of violent incidents, totalling 118 reported incidents by the mid of 2023 itself, according to data collected by the United Christian Forum (a human rights-based forum based in Delhi). Bastar, out of all the districts, retained the district with the highest number of instances with 51 incidents, amounting to almost a half of the incidents reported in Chhattisgarh. From which we can infer that the location of being a tribal Christians in Chhattisgarh are even more vulnerable to their social location.

Compounding this about 54 cases of social boycott of Christians have also been reported, mainly in Chhattisgarh and Jharkhand. This reveals that Christians occupy a vastly vulnerable spot in India, with tribal Christians who are besieged by a number of structural upheavals, such as poverty, discrimination, usurping of forest and land rights, are further left in a complete travesty of justice.

Furthermore, if we look at the idea of burial, we see that the violation of the right to appropriate burial rites according to an individual’s belief systems has been declared as nothing short of sacrosanct by Indian legal and judicial system. It is a punitive offence of the Indian Penal Code to “act irresponsibly with dead bodies”, according to Legal Insider. The article cites Section 297  which reads, “Whoever, with the intent of wounding the feelings of any person or insulting the religion of any person, commits any trespass in any place of worship, on any place of sculpture, or any place set aside for the performance of funeral rites or as a depository for the remains of the dead, with the expertise that the sentiments of any person are probable to be maimed, or with the wisdom that the spirituality of any individual is likely to be affronted thereby, or offers any ignominy to any human.” 

Furthermore, in 2020, the Madras High Court stated that the right to decent burial is part of the fundamental right to life.  Thereby, violating the burial rights of an individual is a deep seated attempt to deny the fundamental rights of a marginalised community, furthermore it is linked to the rights to religion that is guaranteed by the Indian constitution.

 

Related:

Tribals Allege Officials Use Forest Rights Act to Harass, Demand Money; Picket DM’s Office

‘Insidious’: Arrest of Sarju Tekam for raising awareness on jal-jangal-jameen in Bastar?

How just is the idea of Uniform Civil Code for India’s Adivasis and Indigenous Peoples?

How corruption in rural development leads to floating ‘undesirable, unsafe’ projects

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Hindutva’s “rice-bag” controversy https://sabrangindia.in/hindutvas-rice-bag-controversy/ Tue, 31 Oct 2023 08:56:57 +0000 https://sabrangindia.in/?p=30751 Hindutva hardliners have been consistently urging over the years that Dalits who have converted to Christianity did so after being incentivised by monetary gains. Is this really the case?

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Was money – or rice bags, ever an incentive? Let’s find out. 

Claim: Christian Dalits are rice bag converts

Busted!: There has been clearly little to no evidence found of rice bags, or monetary incentives, provided for conversion to Christianity by Dalits. Across India, Dalits have converted their religious faith due to a number of reasons.

Father of the constitution, B R Ambedkar himself changed his religion and converted to Buddhism in a public ceremony on October 14, 1956, expressing his political understanding that caste and caste-based exclusion were indelibly linked to Hinduism and only converting out of the faith would liberate him and other Dalits. About 500,000 of his followers had also gathered there with him to convert to Buddhism. Over the centuries, the most large-scale conversion has been arguably of indigenous Indians with their multiple animist beliefs co-opted and converted into the ‘Sanatan Hindu faith’ followed by  conversions to Abrahanic faiths which took place alternatively through trade, commerce, as a move towards emancipation and equality, and, in some instances by power and coercion. However, for forces of the far Hindutva right, showcasing and stigmatising conversions to Christianity and Islam fits well with their fundamentals of who is the “insider” and who the “outsider.’

As the government slashes export prices for Basmati rice after sales saw a huge downturn, one is reminded that rice remains a controversial topic in India. In recent times, Hindutva sympathisers have been pushing a divisive narrative that simplifies conversions to Christianity under a derogatory term: ‘rice-bag converts.’ The term insinuates that by providing a bag of rice, one can allegedly induce Dalit people, particularly those from lower economic strata, to embrace Christianity. This contentious viewpoint repeatedly rises and ebbs, and was even leveraged at a Supreme Court judge herself when the outgoing Supreme Court judge, Judge R. Banumathi, mentioned the influence of Jesus in her life during her farewell speech.

The following is an excerpt, courtesy the LiveLaw, from Justice Banumathi’s farewell speech, where she also narrates the difficult and harrowing circumstances in her early life, and how she and her family overcame them, “Though I am a Hindu, I believe in the gospel of Jesus. By the Grace of Jesus, I got educated and came up in life. I got into the Tamil Nadu higher judicial services at the age of 33 in 1988 and served the institution for over 3 decades.” 

Soon after her farewell speech, Justice Banumathi’s expression of belief in the gospel of Jesus triggered a slew of derogatory comments on social media, with many labelling her a “rice-bag convert.” This online slur is part of a broader campaign by the Hindu Right to ridicule Christians in India, and it is disheartening to see even a high-ranking Supreme Court Justice becoming a target of this hate campaign.

Some examples of the tweets Justice Banumathi received on Twitter are as follows:

Furthermore, when right-wing media portal, OpIndia, posted an article outlining Justice Banumathi’s statements on the gospel, the comments section was flooded with several users mocking her statement, with one user, Nandaa Kumar, also stating “She said cleverly I could benefit from reservations and monetarily from Jesus…”

Public figures such as Disha Ravi and comedian Kenny Sebastian have also been the target of hate campaigns, calling them rice bag converts. Sebastian was attacked online by a person called Madhur Singh, according to Scroll.in. According to Scroll, Sebastian replied to Singh on Twitter, now X, saying, “It’s not twitter if someone doesn’t call you a rice bag convert 🙂 Actually I learned a lot from ‘the placard guy’ who apparently fights for causes but doesn’t hesitate to be a bigot. I had to google what “rice bag” means. Sorry Madhur that I follow a particular religion.” Ravi too was the target of a disinformation campaign where a false claim proclaiming she was Christian went viral online and propagated a slew of hate towards her. SabrangIndia revisited the post attacking Sebastian linked on Scroll’s website by Madhur Singh, however the post on X seems to be deleted. It must be of note that Madhur Singh has about 135500 followers on the social networking site currently.

Acclaimed doctor and public health practitioner who routinely talks about caste, health and nutrition, Dr Sylvia Karpagam, has also been at the receiving end of casteism in the form of the rice bag convert slur on her X account often, as you can see in the X exchange below.

This suggests a derogatory attitude towards Dalits who it is imputed “can be so easily bought” as also of course towards Christians themselves who are all made to carry the late 17th-18th century “missionary tag”. Conversions as scholars have seen have been driven by multiple impulses, and cannot be all attributed to force and coercion. A large percentage of the conversions to first, Christianity and then Islam were not (only) borne of force but of a perceived sense, among oppressed sections, that faiths that had equality and parity in worship, offered equality and dignity denied to them at birth.

The claim that Dalit Christians are converts solely motivated by material gains also reveal an attitude that is not merely patronising towards Dalits but deny oppressed caste any agency. By imputing such motives and speaking of Dalits in largely insensitive and offensive manner, by virtue of their historically subjugated positions, are not just incapable of exercising agency, but are also incapable of having spiritual aspirations or inclinations. This derogatory right-wing claim would thus envision Dalits as being a group of people that does not have any reasoning capacity, ability of critical thought, sense of judgement, or aspirations beyond relieving themselves (transactionally) of poverty. This entrenched way of thinking does injustice not just to Dalits but the spirit of equality and fraternity as well the cultivation of critical thought as embedded in the Indian constitution.

Furthermore, as explored in another Hate Buster by CJP, it was noted that missionary faiths, including Christianity, have arrived and spread in India via a number of ways, routes, and methods. They cannot be clubbed  together with the Hindutva adage of saying that they were spread by the sword; doing so would not only be a disservice to history but also to living practitioners of these faiths, many of whom belong to marginalised backgrounds. The article argues that Christianity, as opposed to the perception the right-wing wishes to spread, did not arrive in violence. In fact, Christians have had a largely peaceful coexistence, starting from the state of Kerala, with a history that goes back, as local legends would say as far back as to the times of Thomas the Apostle.

These conversions were not just about embracing a new faith but represented a collective effort by Dalits to attain dignity, self-respect, and the ability to shape their own destinies. In an article titled Change and Continuity by S M Michael, he notes that there are records that mass movements to conversion were a historical moment marked the beginning of the modern Dalit movement. In these situations, individuals made a group decision to become part of a new community that not only had a religious tradition comparable to that of the caste Hindus but also promised newfound dignity and esteem. Further this push towards discovering and exploring new faiths was promulgated by a response to a socio-religious system that had failed to address Dalit needs and aspirations. Hence, it is difficult to identify conversion to Christianity as an instance of missionaries luring, coercing or even bribing vulnerable individual Dalits to convert; there is ample evidence of collective, decisive conversions. Ambedkar, when he converted, converted en masse with about 500,000 people converting at the same time, which points to the fact that there is a collective and well thought out  push within Dalits to move to a different faith. Furthermore, this push was not sanctioned by errant gurus but by informed leaders, one of whom exists today to be globally known as the father of the Indian constitution.

One question we must ask leaders, politicians is that if instances of monetary or material incentives are provided to convert, then there must be some evidence of the circulation or reception of this money being transferred. Because, as one can see scholars and activists who have researched and worked on the issues converting Dalit Christians have estimated, according to Scroll.in, that about 50 -75 % of the Christian community in India consists of Dalits. If there was undue funds flowing in this relatively large number of people, as is claimed, it would reflect in the government data which assess economic status of these groups.

Similarly, scholar SM Michael argues that in India’s approximately 20 million Christians, around 14 million belong to Dalit caste groups, and thus would account for 70% of all conversions to Christianity. That the Indian church itself has (practices) its fair share of casteism is testimony to the pernicious pervasiveness of caste as a division. That Dalit Christians are excluded from affirmative rights granted to Dalits (including those who have converted to Buddhism and Sikhism) adds yet another unfortunate and discriminatory dimension.

Wouldn’t this mean, if the conspiracy that material gain was provided by missionaries in exchange for conversion were true, that most of these converted people would be significantly better off than and experience some change in their economic class? What does the data say here? Let’s take a look at government data and see if it can support this right-wing theory.

Whither the proof?

However, the data does not corroborate the theory, of the report by Scroll.in further attests that out 30 % of Dalit Christian live under the poverty line, according to a 2004-’05, by monthly per capita expenditure in rural India conducted by the National Sample Survey Office. Interestingly so according to Dr S. M. Michael, who has worked on the question of Dalit Christians, has written that one of the most significant benefits that the Dalit Christians have derived from their conversions is education. Michael argued that while illiteracy rates continue to remain relatively high among Dalit Christians as compared to other Christians from other caste groups, the impact of missionary education across India has played a crucial role in providing the communities with upliftment. Now, right-wingers would argue that provision of schooling and educational facilities would amount to a monetary incentive, however the claim does not hold ground. Missionary schools have opened their arms to students of all religions, and have provided avenues for studying at these schools for the larger Indian community at large.   If missionary schools have contributed to the upliftment of Dalit Christians, then surely they must have contributed to the upliftment of Indian students across religious denominations. However, this remains a logical assumption and not an expression of facts, but it does serve to provide us with some food for thought.

A neglected history

Over the past couple of years, proponents of the Hindutva movement have crafted a narrative of hostility toward Christians and other religious minorities. This campaign includes downplaying the role of Christian missionaries in India’s socio-economic development and framing conversions as a deceitful scheme aimed at eroding the nation’s cultural heritage. The conspiracy theories surrounding Christian missionaries are numerous, and they go beyond the scope of this article. Article 25 of the Indian constitution clearly affirms the right to freedom of conscience and religion, emphasising that all individuals are equally entitled to profess, practice, and propagate their faith.

Teesta Setalvad, writing for Sabrang India, notes the extremely vulnerable and marginalised positions occupied by Dalits in India, and asserts that one must let go of the refusal to recognise the contribution of Christian institutions in the absence of the pointed welfare initiatives for Dalits. Furthermore, the authors asserts that Christians individuals and institutions have an inbuilt mandate as part of their religious duty to help and alleviate the hardships of the marginalised, “To accept their role is to face our moral and cultural poverty, the rank injustice and marginalisation that we have perpetuated on sections of our people. To accept their role is to nail the grand lie.” The article further notes that it was St Francis Xavier who led a pioneering endeavour to open primary schools in every village. Christians living in India have contributed greatly by setting up libraries, institutions, and engaging, including crucial work of archive generation that has been instrumental in constructing India’s rich history. Furthermore, their efforts were recognised by stalwart leaders Jyotiba Phule and Pandita Ramabai. Jyotiba Phule founded the Satyashodak Samaj (Truth Seeker’s Society) 1983 and has written critically about the extensive work done by missionaries for the backward castes with regards to education.  Pandita Ramabai, a Brahmin widow, converted to Christianity to escape, and testified before the Education Commission in 1882 about women’s right to education, saying “in ninety–nine cases out of a hundred the educated men of the country were opposed to female education and the proper position of women.”

Thus the question readers must ask is, what purpose does the idea of ‘rice bag Christian’ serve, whom does it benefit, what political interests does it serve to those who claim it, and what does it mean when we denigrate a whole population of 14 million Indians as a group?

 

Related:

Hate Buster: Why is the right-wing so scared of Sai Baba of Shirdi

Anti-Christian violence: Opening of a church resisted, police raids aid the rightwing

Alarming rise in violence against Christians in India as G20 Summit takes centre stage

Crying for Justice

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Understanding the nuances of the Goa ‘conversion’ and persecution debate https://sabrangindia.in/understanding-the-nuances-of-the-goa-conversion-and-persecution-debate/ Tue, 26 Sep 2023 08:19:33 +0000 https://sabrangindia.in/?p=30037 From colonisation, persecution, forced conversion, and the Inquisition, this article from a chapter in a forthcoming book by the authors explores the dynamics of Goa’s early colonial population dispersion  

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The recent issue of Casa de Goa included the article Goan Diaspora: Past and Present by Ms. Sneha Ghadi, Asst. Prof. of History at Goa University. In the abstract, the article is described as a research paper on the diaspora. The well-written document is a detailed presentation of pre-colonial history, which is followed by the three phases of Goan migration. Due to space limitations, I will focus on only the first phase of colonial migration. Those interested in knowing our views on the other phases as well as the roles of education and the British occupation of Goa on migration can read pertinent sections in our book.

The causes of migration in the first phase (16th/17th century) are attributed to colonisation, persecution, forced conversion, and the Inquisition. Many writers endorse those claims.  So, in the spirit of academia, I would like to express my concerns.

For starters, I am not asserting that these events did not occur. It is the cause-and-effect about which we may have a difference of opinion.  For those readers who are not familiar with Goa’s history, the colony was established in 1510, yet the first conversion reportedly did not occur until 1535.

This fact refutes Lisbon’s oft-quoted goal of coming to the east for “Spices and Souls.”  As stated in our book, “There were a lot more spices sent to Lisbon’s king from 1498 before any Asian soul was offered to the King of Heaven.” Considering that Muslims were in power at the time, that group was likely the majority population pre-1510 and had already left before Lisbon’s rule began. The victor’s persecutions of Hindus were aimed at driving them out and engage in a land-grab. The Portuguese rulers’ priority was to settle their own soldiers and settlers — a standard practice of all conquerors.

Continuing conflicts with the Bijapur sultans, who were trying to regain Goa, continued throughout the 16th century.  In the following century, there were continuing Dutch attacks on Lusitanian territories on land and sea. During the 18th century, there were repeated clashes against the Marathas in Goa and the North Provinces (Bassein).

Historian Sanjay Subrahmanyam states that the 16th / 17th century experienced a marked increase in Asia’s population. During that period, Goa’s population in the three talukas increased even faster due mainly to the annual arrival of 4,000 Lusitanians — soldiers, traders, and settlers, whose purpose was to defend the territories and settle the land.  They were also attracted to Goa by the land-grants which were offered under Emphyteusis policies. In addition, Goa’s expanding economy attracted migration from India. The government adopted various assimilationist polices (critics label as persecution) to homogenise the polyglot cosmopolitan community, (today termed melting pot) to make it easier to govern.

In addition to wars and natural disasters, population increase has been shown to cause migration since time immemorial. There is evidence that human migration began even during pre-recorded history. Humans emigrated from Africa in multiple waves and travelled across continents in several phases. In a “survival of the fittest” natural strategy, the self-reliant, independent, and resourceful made their way out of their native soil and left their less enterprising contemporaries behind.

The GSBs have been leaving Goa for Karnataka and Kerala since the 13th century – long before the Portuguese arrival. Purushotham Mallaya in his book, Saraswats in Kerala History dates their arrival to Kerala to 1294 when General Allaudin Khilji conquered Deccan and Goa. It has been historical that Goa land could not produce enough rice to feed the population since time immemorial, which was the structural cause for emigration.  An added attraction for Goan farmers to emigrate was the land given to them by rulers of South Kanara, a tranquil area the newcomers could rehabilitate and farm.

After persecuted Hindus left Goa for neighbouring talukas during the few decades following colonisation, the native Christians (mainly farmers and landowners – Bamons with their kunbi mundkars) imitated their Hindu ancestors and left Goa for Mangalore and Cochin to escape the unrest and the war-ravaged territory.  Many preferred to leave the land to arriving defenders, merchants, and colonisers rather than be conscripted by the military to fight or to work on repairing roads, bridges, forts, etc. during or after the skirmishes. Bamons increasingly resented forced labor, higher land taxes (needed for post-war reconstruction), conscription, and other security measures imposed on the population. It is very likely that peasants who defied those measures lost their land. On the issue of emigration, they adamantly stated, “We asked for no quarter, and we expect none from the government.” The native fighters (Chardos), whose caste motto was: “Fighting is better than fleeing,” stayed to fight and were likely rewarded. This may explain the marked disparity in the ratio between the two strata of Goan Catholics in Goa and Mangalore. Historian Alan Machado notes that the inquisition was active during periods of and in regions of conflict, and that the main migration to Mangalore occurred during these times and from these regions.

So, it is very likely that the population displacement was the result of wars and the uncertainties those entailed, rather than an effect of the Inquisition. The migration of Hindus and Catholics from Goa was precisely what the military authorities wanted. The vacant land attracted an increasing number of white and mestizo settlers to the area. The Lusitanian soldiers were not interested in native conversion or in the converted.  Their primary goal was acquiring land in the (only) three talukas which they could share, own, settle, and call their hacienda (home). The progressively increasing mestizo population from legitimate and illegitimate unions began in 1510 — the first year of conquest. Interestingly, the government cooperated and facilitated the migration. There are reports that Goans who sailed to Mangalore were escorted by Portuguese warships (to protect against pirates), and probably returned with a cargo of rice. Under those trying conditions, Goans (Hindus and Christians) had no time for introspective analyses of their dire predicament, a luxury that today’s academic may indulge in, retrospectively.  Visiticao Bonaventura Monteiro, the author of the book ‘Goan Village Communities,’ is a Diocesan Goan priest, who has researched early Goan diaspora and the Goan Communidades and Ganvkaris.

Goa’s 451-year colonial history, as generally presented, lacks scientific stratigraphy i.e. it fails to place the specific event in its proper chronological order to provide context and explanation for why the event transpired in relation to other concurrent events. Instead, broad strokes are used to paint wide conclusions.  If one is lucky, one may find texts which present history organised according to the centuries in which the relevant events occurred.  Historians keep repeating the mantra of ‘forced migration,” which was probably started as a Black Legend and other works of fiction. No explanation is presented on why and how this migration took place, especially in light of the fact that most of the population remained in Goa. This is like claiming that the migration post-1961 was due to the MG, Congress, or BJP rule. Perhaps a few Goans were troubled by those issues. In Goa and India, the 20th century has seen the greatest migration without colonialism, religious persecution, and the Inquisition. Most would agree that this exodus was inspired by the need to improve socio-economic conditions. So, why do we assume that our ancestors in the 16th and 17th centuries did not migrate to improve their own socio-economic conditions by seeking to apply their entrepreneurial and farming skills more productively?

There are reports that Goans were recruited to migrate because of their skill and knowledge in copper smelting. Goan farmers were often recruited with land grants by rulers in South Kanara and in Kerala for their unique knowledge and skills to construct bundhs and sluices to reclaim backwaters, and maintain farmland that flooded with sea water at high tide or with river flooding.  The farmers learnt this proficiency from the pre-Portuguese Communidad system of land management. In the 16th-18th century with agriculture being the mainstay of the economy, the farmer with his knowledge and skill at water management was the home-grown hydraulic engineer in much demand along India’s west coast.  Add to this were rotation and other farming and grafting techniques and new plants he learnt from the colonists who brought new species to India. Unfortunately today’s articulate and college graduated historians and writers are not willing to accord the lowly loin cloth-clad farmer his due.  This may also have caste overtones.  The hallmark of the prosperous Goan community of Hindus and Catholics in South Kanara and Kerala (about 200 villages around Cochin) is their continuing link with their ancestral religious shrines in Goa and their Konkani language.

In summary, the major causes for Goan out-migration during the 16th /17th centuries were:

  1. Persecution and displacement of Hindus as a way to acquire their land on which colonialists could settle.
  2. Famines due to uncertain monsoon conditions, (too little, too much, too late, too early rains), subsistence farming, and poor distribution of food; feeding the Brown population was low on the government’s list of priorities.  Even under the best conditions, Goa does not produce sufficient rice to feed its populace.
  3. Death of the bread-winner due to short life-expectancy (about 40 years).
  4. Wars causing loss of life, livestock, and property, as well as raids by soldiers of both sides.
  5. Fear of conscription to fight the war, or forced manual labour to repair war-damage and later to construct new capital cities.
  6. Repeated epidemics, pestilences, and droughts.
  7. Farmers recruited by rulers in South Kanara and Kerala with land grants for land management expertise to reclaim land after high tides or river flooding.

Remember, not all Mangaloreans are of Konkni origin and not all South Kanara Konknis live in Mangalore.  We hope this essay provides the readers with a vital framework of the GEM diaspora’s historical journey.

As Shashi Tharoor wisely stated, “If you do not know where you have been, how do you know where you seek to go? History belongs in the past, but understanding it is the duty of the present.”

Extracted from “Insights into Colonial Goa”

Published by Amazon in paperback and e-book.

For details about the book and authors see: Insights into Colonial Goa.

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How hate spills onto physical targeted attacks on the streets: August 2023, India https://sabrangindia.in/how-hate-spills-onto-physical-targeted-attacks-on-the-streets-august-2023-india/ Thu, 24 Aug 2023 12:30:12 +0000 https://sabrangindia.in/?p=29386 From Assam to Haryana, incidents of hate against minorities flood the news

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In a concerning series of events, incidents of communal vigilantism have raised serious concerns about the safety of minority communities in India. Sabrang India rounds then up for you.

Cow militia thrashed truck drivers in Bhiwani district, Haryana

For instance, in the Bhiwani, district of Haryana, a shocking case emerged on August 12, where members of Acharya Azad Singh Arya’s cow militia violently attacked two mini-truck drivers, Junaid and Nasir. The brutal assault was carried out under the pretext of transporting cattle. 

According to the statement of a relative, the vehicle had proper certificates, “We had proper licenses to transport cattle. I request the Rajasthan and Haryana government to look into the mob attack and ensure justice to Junaid and Nasir.”

Bhiwani, district has gained notoriety due to its history of cow vigilantes taking the law into their own hands, often with fatal consequences. Notably, the region experienced the terror reign of individuals like Monu Manesar and Bittu Bajrangi, with Monu Manesar facing accusations of killing two Muslims in the name of cow protection. 

(The incident actually took place at Bhiwani, Haryana)

An investigative piece in the August edition of The Caravan magazine by Harsh Mander has documented the disturbing growth of cow vigilante mobs and their operational methods. Mandar’s article explicitly points out that the rising communal tension in the Mewat region can be attributed primarily to the terrorising actions of cow vigilantes against Muslims.

Imam assaulted and blamed for alleged religious conversions in Meerut, UP

Adding to the distressing sequence of events, an incident in Meerut on August 12 involved the physical assault of an Imam over alleged conversion attempts. Although the audio in the video documenting the incident is unclear, it captures the assault on the Imam, including the involvement of a woman. The attackers are heard shouting, “We are Hindus. Why are you destroying our religion?”

Muslim man lynched over cattle theft in Assam

The unsettling trend of mob vigilantism targeting minorities continues in Assam, where a 40-year-old Muslim man, Hifzur Rahman, fell victim to a Hindu mob’s violent tendencies. On a fateful Saturday night in the Bamungaon area of Hojai’s Lanka on August 12, Rahman was lynched by the mob on suspicions of cattle theft. Despite the victim’s claims of innocence and proper legal procedures, he was assaulted by the crowd in the darkness of the night, leading to severe injuries. Later, police transported Rahman to a nearby hospital. Rahman, however, succumbed to his injuries and was declared dead despite all medical efforts. According to authorities, his body was transported for a post-mortem examination.

The incident prompted the victim’s family to report the heinous crime to the police, sparking an inquiry into the matter. Eight individuals were subsequently identified by the authorities as suspects in the lynching case. Six of these suspects, namely Sanjay Das, Nikhil Das, Tulendra Das, Uttam Chakraborty, Jayanta Chakraborty, and Sandhu Mazumdar, were apprehended and taken into custody. The gravity of the situation has raised concerns about the prevalence of mob and vigilante violence in the area. Legal actions are underway under Section 302 (murder) and other relevant provisions of the Indian Penal Code (IPC) against the arrested individuals.

Related 

Intolerance on the Rise: Unveiling Disturbing Trends in India

UP: Scribe Faces FIR for Highlighting School Textbooks Meant for Poor Kids Being Sold as Scrap

Brutal attack on young Muslim boy in Mumbai’s Ghatkopar

Christians attacked during prayers in national capital

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Delhi HC directs Sudarshan News to remove video of news report of a man accused of religious conversion https://sabrangindia.in/delhi-hc-directs-sudarshan-news-remove-video-news-report-man-accused-religious-conversion/ Fri, 12 May 2023 10:28:44 +0000 https://sabrangindia.com/article/auto-draft/ The court noted that the comments under the video indicated a threat to the life of the accused

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The Delhi High Court has directed Sudarshan News to take down its news report alleging forceful religious conversion by a Muslim man. The court also directed YouTube, Google and Twitter to block links of the said news report.

The court took serious exception to the video and the word ‘jihadi’ being used in it, reported Bar and Bench. The court also took note of the dangerous comments that came under the video after being posted and observed that the threat to Khan is evident from these comments and therefore the video should be immediately blocked for public viewing.

The bench of Justice Pratibha M Singh was hearing a plea moved by one Azmat Ali Khan seeking removal of news items pertaining to an FIR lodged against him on April 19 at the instance of a woman from Delhi. He submitted that his case is under investigation and circulation of the videos is posing threat to the independent probe as well as his safety and security. The case against him is that he was in a 7-year long relationship with a woman and she had now accused him of trying to forcefully convert her to Islam.

Google submitted that the originators of the videos need to be heard. Another respondent, the Press Council of India said that it will look into Khan’s email containing the links. However, the PCI also informed the court that it can only look at matters which are published and not the ones uploaded on the websites.

Since Sudarshan News is not a member of the News Broadcasters & Digital Association, the News Broadcasting & Digital Standards Authority (which handles complaints against news channels) said that it cannot act upon the channel

The court has issued notices to Youtube, Google, Twitter, Sudarshan TV, Orissa TV, Bharat Prakashan and Suresh Chavhanke. Further notice has been issued to Delhi Police as well to place on record the status of the investigation in the case against Khan.

“Considering that there is severe threat as is evident from the comments placed before the court, it is directed that the links set out in the petition shall be immediately blocked for public viewing,” the court said, with respect to all respondents.

She told all the respondents, especially the social media platforms that if Sudarshan news does not remove the video, the platforms will have to block it.

Related:

FIR against Suresh Chavhanke in Jalgaon, Maharashtra

RSS seeks to disown Suresh Chavhanke, T Raja, says hate speeches don’t reflect RSS ideology

Defiant of the SC, Suresh Chavhanke, Raja Singh & Hindutva outfits escalate hate to dangerous levels

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