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RNI No. 72289/99 Registered No. DL(S)-17/3138/2006-2009 dt.04-12-2008   

JULY 1-15, 2009

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 IT IS TIME TO MAKE AMENDS FOR THE CRIMES IN ORISSA
 - MPK Kutty
 

There are conflicting signals from the newly elected UPA government's attitude to issues of vital interest to the Christian community. The new government, with a clear majority, no longer needs to make compromises in matters of justice and fair play.

First, about the anti-conversion laws in some states which are constantly being misused to harass Christian religious leaders and to deny them their right to preach and worship in peace. At the root of the recent attacks on Christians in Orissa is the false accusation by opponents that they engaged in forceful conversion of Hindus. Ever since the anti-conversion laws have been framed in some states miscreants and anti-social elements found an alibi for harassing innocent pastors, church leaders and evangelists. Fanatical elements, with the help of pliable policemen, have been able to loot, destroy churches and homes.

Now that the Patnaik government is free from the stranglehold of the BJP, the chief minister must back his secular credentials by acting against the communal elements behind the atrocities that had drawn worldwide attention.

According to some sources, the Union home ministry is inclined to repeal bills that had the effect of impeding religious freedom.

These sources maintain that Home Minister P Chidambaram will be reviewing and making recommendations on these controversial bills that seek to restrict fundamental religious freedom fraudulently termed as "Freedom of Religion Act.".

Presently, anti-conversion laws are in force in five states: Orissa, Madhya Pradesh, Chhattisgarh, Himachal Pradesh and Gujarat. In two other states - Arunachal Pradesh and Rajasthan, the laws have been passed but their implementation is awaiting approval from the Centre.

However, it is unlikely that Rajasthan will enact the bill after Congress wrested power from the BJP. The Centre is set to invalidate the bill with the consent of the new Chief Minister Ashok Gehlot.

In Madhya Pradesh, where the ruling BJP had proposed amendments to make the existing law stricter, the Centre has decided to withhold assent.

Former chief minister of Madhya Pradesh and senior politician of the Congress, Digvijay Singh, strongly opposed the bill that “subjugates religious freedom enshrined in the Constitution.” He also pointed out that when he was chief minister for 10 years "there had been no case of forcible conversion.”

In Himachal Pradesh, the stringent anti-conversion bill declares that anyone found guilty of forcing an individual to change religion can be punished with a two-year jail term, a fine of up to 25,000 rupees (US$560) or both.

The law, very blatantly, states that a person intending to change her or his religion should inform the government 30 days in advance! . Failure to do so is punishable. The same restrictions are mentioned in the Gujarat bill as well. There couldn't be a more shameful inroad into the individual freedom.

It makes a mockery of the fundamental right of freedom of conscience and freedom to profess, practice and propagate religion under the Article 25 of the Constitution.

The bill, which was supposed to curb religious conversions made by “force”, “fraud” or “allurement", Christians say, has been repeatedly and continuously 'misused' to arrest and imprison church leaders on fabricated charges. There have been incidents of deliberate arrests and well-planned attacks on allegations of "forced conversions".

While Hindu nationalists are pushing for a national anti-conversion law, Church leaders have appealed that the anti-conversion legislation in all states be overruled and religious freedom retained as per the provisions of the Constitution.

Another disturbing development that has not received wide publicity is the government's refusal of visas to members of the U.S. Commission on International Religious Freedom (USCIRF) to visit the troubled Orissa state.

The USCIRF team was to leave for India on June 12, but the Indian embassy in Washington did not make available visas in time, the religious commission had pointed out.

However the embassy maintained that the applications had been forwarded to New Delhi as was usual in such cases.There was no deliberate move to deny the visas. A Times of India report dated June 17 said it was considered not the appropriate time for such a visit by the team. Further the US team's presence would have caused misunderstanding in an already volatile situation.

“Our Commission has visited China, Russia, Saudi Arabia, and over 20 other countries,” Felice D. Gaer, heading the commission said in the statement. “India, a close ally of the United States, has been unique among democracies in delaying and denying USCIRF's ability to visit. USCIRF has been requesting visits since 2001.”

The team was planning to meet religious leaders, civil society activists and others in Kandhamal, where anti-Christian attacks had taken place in December 2007 and August-September 2008. The team also intended to discuss conditions in Gujarat, where more than 2,000 people, mostly Muslims, had been killed in a communal riot in 2002.

The U.S unit of the Vishwa Hindu Parishad, had also criticized the intended visit of the U.S. Commission, calling it “incomprehensible.” The largest functioning democracy in the world with an independent judiciary, a statutorily constituted Human Rights Commission, an independent press and other supporting organizations was quite capable of taking care of the religious freedoms and human rights of its citizens, it said.

Shankaracharya Jayendra Saraswati, close to Hindu fundamentalists, had called for refusal of visas to the USCIRF team. “We will not allow interference in our internal religious affairs by external bodies,” he said in a press conference in Mumbai on June 12, according to the Press Trust of India. “We see USCIRF as an intrusive mechanism of a foreign government which is interfering with the internal affairs of India.” The government, however, has denied having bowed to pressures exerted by fundamentalists.

Meanwhile Home Minister P. Chidambaram was in Kandhamal on June 26 to assess the law-and-order situation there. He had reportedly admitted police failure in controlling the riots..

“What happened on Aug. 23 and thereafter was regrettable and condemnable. Moreover, it was the failure of the police for 30 to 40 days,” he said, according to The Hindu. “Now the situation is returning to normal but we cannot lower our guards.”

Chidambaram also said he wanted displaced Christians to return to their homes. It will be difficult for the government to claim that normalcy has returned as long as they remain in relief camps.

“The government will ensure that no one harms you anymore. It is absolutely safe for you to return to your villages,” Chidambaram said at a relief camp in Raikia block, according to The Indian Express. “You have every right to practice your religion, build and pray in churches. You please return to your villages. I want to come back within one month and would like to see you in your homes in your villages.”

While the Home Minister's assurances are very welcome, we can not be sure whether the flames of simmering hatred have been completely extinguished in the area with the former tormentors having lost their support in the higher realms of power with the BJP having been humbled in the poll.
 


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