By Jose Kavi
New Delhi, May 3, 2022: Christian groups in India have welcomed the Delhi High Court questioning the basis for filing petitions on forced conversion.
The bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela on June 3 pointed out that conversion is not prohibited in India.
“It’s a right of an individual to profess any religion, religion of his birth, or religion that he chooses to profess. That’s the freedom our Constitution grants,” the court said while hearing a petition by a lawyer seeking direction to the federal and Delhi governments to prohibit religious conversion by intimidating, threatening, and deceivingly luring through gifts and monetary benefits and by using black magic and superstition.
“An excellent move by the Delhi High Court,” says Sister Manju Devarapalli, secretary of the National Dalit Christian Watch.
The Carmelite Missionaries nun says the court’s stand comes at a time one was losing faith in the judiciary. “The High Court ruling comes as a soothing balm on seeming wounds, enforcing the sacredness of Indian Constitution,” she told Matters India.
According to Sister Devarapalli, the allegation of forced conversion has become “exceedingly a sort of slogan and weapon for fanatics.”
She also welcomed the court rejecting social media, WhatsApp messages and newspaper’s information as unacceptable with no data as “a slap on the fabricated willful perpetrators.”
The court’s stand “gives me lot of hope and trust in the justice system in challenging times particularly for minorities’ where everything is turning out to be anti-national and criminal acts,” she adds.
The court said that those alleging forced conversion have to provide sufficient material to substantiate their claims and that such allegations cannot be based on social media data “which has instances of morphed photographs.”
The court agreed that forced religious conversion is an important issue of greater ramifications and it wants to examine it deeper before forming an opinion or issuing notice to the government on a petition seeking direction to prohibit religious conversion by intimidation or allurement through gifts and money.
John Dayal, a veteran journalist and spokesperson of the All India Catholic Union, says all talk against conversions goes against the constitutional guarantee of freedom of religion which implies freedom to change religion or not to have any religion at all.
He points out that the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh have for the past eight years or more talked of a national law against conversions. “Most BJP-ruled states have enacted vicious anti conversion laws,” he explains.
Dayal found it disturbing that the federal government has supported the lawyer who filed the petition in the Delhi High Court.
“We have often challenged state governments to show data on forcible or fraudulent conversions. There is no data because in the present era it is impossible to force anyone to change his or her faith. Fraud perhaps is even more impossible among people, who are wise enough to choose their representatives in elections using” electronic voting machines,” he added.
Arun Pannalal, president of Chhattisgarh Christian Forum, bemoans that high courts keep making remarks but Christian pastors are getting arrested on allegations of forcible conversions.
“Chhattisgarh High Court too passed same observation on our PIL (public interest litigation). Persecution goes on unabated. We filed for contempt six years ago but notice yet to be issued,” Pannalal told Matters India.
A C Michael, former member of the Delhi Minorities Commission and president of Federation of Catholic Associations of Archdiocese of Delhi, alleges that PILs like the one filed by the lawyer, are planted by “some insiders very systematically and deliberately, firstly to receive a direction; understand the court’s mind and then proceed accordingly.”
“The Delhi high court, while dismissing their petition, have given a clear guidance how to prepare the petition with documentary evidence and how to build up strong case of forceful conversion,”
Similar court observations in the past have “never deterred anyone from filing such false allegations that too without any documentary evidence. In fact it has only helped such petitioners to come back well prepared,” he added.
The lawyer in his petition had stated that religious conversion by “the carrot and the stick” and “by hook or crook” not only offends Articles 14, 15, 21, and 25 but also against the principles of secularism, which is an integral part of the basic structure of the Constitution.
The court asked him about the basis to file such a petition. It also wanted statistics of forced conversion and the number of such conversions.
“What is the material on record? There is nothing, no documentation, not one instance given by you. This will require a detailed examination. We will have it after vacations. Where are the statistics? How many conversions happened? Who is converted? You say mass conversion is happening, where is the number?” the bench asked.
When the counsel urged the court to issue notice on the petition and asked the government counsel to take instructions on the issue, the bench asked how It could issue a notice at this stage and added that the court has to be first satisfied that there is some basis to even issue notice.
When the petitioner said he has social media data on forced conversion, the bench shot back, “Social media is no data. We have instances of photographs being morphed. Some instances where it shows an incident that happened and then it turns out that it happened in some country 20 years ago and that photograph will show as if it happened yesterday or today.”
On the petitioner’s submission that he will provide copies of newspapers to substantiate his claim, the bench said it is the settled position in law that newspapers, social media, and WhatsApp are not facts.
Additional Solicitor General Chetan Sharma, representing the federal, said the issue raised in the petition is important. To this, the bench said it is an important issue of greater ramifications and it also wants to examine it deeper before forming an opinion.
“You have brought it to the notice of the government. That is enough for the government to take action if they want. They don’t need directions from the court. They have competent powers to take action,” it said.
The court listed the petition for further hearing on July 25.
The lawyer claimed that the federal and Delhi government have failed to control the menace of black magic, superstition, and deceitful religious conversion, though it’s their duty under Article 51A.
The plea said that Article 114 of the Constitution ensures equality before the law and secured equal protection of laws but there are different laws on conversion not only across the country but in Delhi and its neighboring states.
“Presently, religious conversion by intimidating, threatening, and deceivingly luring through gifts and monetary benefits is an offence in Ghaziabad but not in adjoining East Delhi. Similarly, religious conversion by using black magic and superstition is an offence in Gurugram but not in adjoining West Delhi,” the plea said.
(With inputs from ndtv.com)
The first conversion recorded in Acts is a mass conversion. On the day of Pentecost, Peter along with other Apostles, preached the gospel of Jesus and on that day about three thousand people were baptized.
All who were baptized lived together, had all things in common, sold their possessions and goods, and placed it at the feet of the apostles who divided it among all.
My question is: Why nobody wants to listen to the preaching of our priests, bishops and cardinals? Is the gospel preached by them different from the gospel preached by Peter?
My second question is: what is happening to the material resources meant for preaching the gospel?
Such questions when asked why there is Population growth of Muslims all over the world Lobo will the answer. Christians increase not because of forced conversions, but have the experience of Salvation through Jesus.
Silly is as silly does! Strange logic seems to prevail. Aren’t there burtgs taking place? Your sooooo many pastors, priests, nuns, bishops & cardinals are not converts. If u don’t know reality it’s best u keep ur HOLY mouth shut.
Was. the conversion of vast number of people and even countries to Budhism and Jainism forced conversion?
Agreed that mass conversions and forced conversions are not taking place.
But If no conversion is taking place, then why there are so many pastors, priests, nuns and bishops? Why new Cardinals are being appointed? What exactly are these people doing if not preaching and converting non-Christians to Christianity?
Above all, can anyone throw some light on the exact amount of foreign and domestic funds at the disposal of the churches for the purpose of preaching the gospel of Jesus Christ?