Information service of the Pontifical Mission Societies since 1927
Shimla (Agenzia Fides) – For Christian Indians it is good news and the beginning of a judicial process: the High Court of the State of Himachal Pradesh, in the North of India, has admitted an appeal which contests the constitutional validity and demands the repeal of the Freedom of Religion Act of 2006, commonly known as the “anti-conversion law”. Admitting the petition, the High Court Chief Justice set the first hearing date for 14 June 2011.
As reported to Fides, the action was brought by two civil society organisations: the Evangelical Fellowship of India (EFI - which consists of over 200 evangelical Christian community) and Act Now for Harmony and Democracy. According to the appeal, the law “violates the right to privacy under Article. 21 of the Indian Constitution, violates the right to freedom of religion enshrined in art. 25, the right to free practise of religion under Article 25, and the freedom of speech and expression under Article 19.”
The procedure was initiated with the help of a group of lawyers, Christian and not, who agreed to challenge the measure which requires a person who wants to convert from Hinduism to another religion to give at least 30 days to district authorities, while exempting those “converting back” to their “own religion”, which can be read as Hinduism.... Section 3 of the Act prohibits conversion “by the use of force or by inducement or by any other fraudulent means" and states that a person who is converted by unfair means shall not be considered converted.”
According to Fides sources in the Catholic Church in India, “these kind of laws are flagrant violations of freedom of conscience and religion. In fact they give the State the power to decide, and in some way to coerce the individual conscience, interfering in one's personal life, that of the relationship between the soul and God.”
In the past, the Church, Christian organisations and groups and those defending human rights have always been opposed to these laws, currently in force in five states in India: Madhya Pradesh, Chhattisgarh, Orissa, Gujarat and Himachal Pradesh. Such measures are usually promoted by nationalist Hindu parties such as the Baratiya Janata Party (however in Himachal Pradesh the Congress Party approved it) with the idea to stop the supposed phenomenon of “forced, fraudulent or 'bought' conversions”, which would be carried out (say Hindu extremist groups) especially by Christian missionaries, targeted for conversions among tribal groups and dalits. In 2009, the Gujarat High Court admitted a similar petition by the Catholic Bishops Conference of India challenging the Gujarat state’s anti-conversion law – a hearing is yet to be scheduled. (PA) (Agenzia Fides 25/2/2011)
