Hotline Asia Urgent Appeals -- UA000125(1)

Action Requested || Sample Letter || Background

Summary

Recently in the Gujarat State (western State of India), the proposed 'Gujarat Freedom of Religion Bill' which prohibits conversion from one religion to another by use of force or allurement or by fraudulent means was submitted. In August 1999, the bill was introduced by a legislative member of the Bharatiya Janata Party (BJP) in the state legislative assembly. It will be discussed in the February-March session again. Since the BJP has an absolute majority of 182 members in the Assembly, it is believed that the bill could be passed easily. However, the President's approval is required before the bill can be enacted as a law.

According to the proposed bill, persons contravening the provisions could be punished with a maximum 3-year imprisonment and/or a maximum fine of Rupees 2,000 (about US$50). In case the victim is a minor, woman, caste or tribe, the punishment will be more. Those connected directly or indirectly in such cases must report to the district magistrate. If they fail to do so, they could receive a maximum 1-year imprisonment and/or a maximum fine of Rupees 1,000 (about US$25). Local religious minorities believe that the proposed bill can be easily misused by Hindu fundamentalists to make false accusations and become a way of 'legally' harassing religious minorities. A lawyer at Gujarat High Court actually stated that the proposed bill would violate Article 25 of the Indian Constitution which provides for freedom to propagate religion.

Local people are now calling for international support and concern and ask that you write solidarity appeals to the Indian Government against the proposed bill which could well cause human rights violations to religious minorities in Gujarat State in the future.

Please write polite letters to the Indian Government requesting the Gujarat Government to:

1. Withdraw the proposed 'Gujarat Freedom of Religion Bill' immediately;

2. Protect the rights of religious minorities by guaranteeing their freedom of belief and religion as is stipulated in the Indian Constitution.
   

Send Letters or Faxes to:

1. The Secretary
Gujarat Legislative Assembly Secretariat
Vidhana Sabha, Gandhi Nagar 382 010, Gujarat, INDIA

2. President K.R. Narayanan
Office of the President, Rashtrapati Bhavan, New Delhi 110 004, INDIA
Fax: 91-11-301 7290 / 7824

c.c. Copy to: Diplomatic representatives of INDIA and local press in your country.

Sample Letter

Background

The Gujarat Freedom of Religion Bill (Gujarat Bill No. 21 of 1999) was described by religious minorities as a political motivated attempt by Hindus fundamentalists to prohibit the freedom of faith and religion in the Gujarat State. The proposed bill stated "to provide for prohibition of conversion from one religion to another by use of force or allurementor by fraudulent means and for matters incidental thereto". In this bill:

• "conversion" means renouncing one religion and adopting another,

• "force" means a show of force or a threat of divine displeasure or social ex-communication,

• "allurement" means the offering of any temptation in the form of gift, gratification either in cash or kind or any material benefit,

• "fraudulent" means misrepresentation or other fraudulent contrivance.

Section 3 of the bill states that "no persons shall convert and attempt to convert, either directly or otherwise any person from one religion to another by use of force or allurement or by any fraudulent means nor shall any person abet any such conversion". As the provision prescribes, the punishment includes those convert, attempt to convert and abet to convert. The punishment stipulated is a jail term up to three years or fine up to Rupee 2,000 (about US $50) or both. If the offence is committed in respect of a woman or a minor, the penalty will be double. The provision of the bill further provides that if the crime is committed in respect of a caste or a tribe, the offence will betantamount to an atrocity. The jail term will not be less than 3 years or a fine up to Rupee 5,000 (about US $100) or both. For those connected directly or indirectly in the conversion cases, should they fail to report to the district magistrate, they also could receive a maximum 1-year imprisonment and or a maximum fine of Rupees 1,000 (about US$25).

The bill also grants the power to the State Government to take up conversion case hearings on a priority basis and in special courts. The offences will not be investigated by an officer below the rank of an inspector of police. All related persons have to co-operate and give information to the best of their knowledge in these conversion cases. Otherwise they could be punished in the same way as those who do not report conversion cases. Legal experts fear that false accusations could be too easily made since "allurement" can be easily interpreted in many ways. Missionary activities such as education and health care could be easily misinterpreted. It has already produced a genuine fear among the Christian communities in the Gujarat Sate. Church people fear the serious curtailment of missionary activities should the proposed bill become law.

Although the bill emphasizes the need of protecting persons from forced conversion by fraudulent means, legal experts and religious leaders believe the apparent purpose is to halt the activities carried out by Christian missionaries. Religious conflicts have increased and deepened in the Gujarat State since the outbreak of violence on the Christmas day in 1998. (For details about the 1998 Christmas Day violence, please refer to the urgent appeal [ref: UA990107(1)] issued by Hotline Asia on 7 January 1999.) Hindu fundamentalists continue to accuse the Christian missionaries of converting local people from Hinduism to Christianity by the mean of social service.

Please remember to send copies of your letters to Hotline Asia for monitoring purpose.
Thank you for Your Continued Support!!