The Evangelical Fellowship of India welcomes the Himachal
Pradesh High Court judgment in its petition challenging the Himachal Pradesh
Freedom of Religion Act, 2006 and Himachal Pradesh Freedom of Religion Rules,
2007. In its judgment delivered on August 30, the High Court struck down the
Section 4 of the Act which made it mandatory for a person seeking to convert
his or her religion to give notice of the said conversion to the concerned
district magistrate 30 days prior to the conversion. A fine of Rs. 1000/- was
imposed for failure to do so. The
proviso of the section provided exemption to those reconverting to their
original religion to omit giving a similar notice and thereby preventing any
inquiry to the any reconversion ceremonies being organized by fundamentalist
groups in the state. The Court also struck down Rule 3 of the Rules, as being
violative of Article 14 and ultra vires the provisions of the Constitution of
India. The Court also held that Rule 5 only insofar as it relates to actions
relating to Section 4 is also held to be ultra vires.
Rules 3 and 5 made it mandatory for the state to inquire
into every religious conversion without providing adequate safeguards outlining
the timeframe for such an enquiry or even who should conduct the inquiry at the
behest of the district magistrate.
Commenting on the judgment, Rev. Dr. Atul Aghamkar Chairman
of EFI said, "By striking down
these provisions, the court has rightly observed that the unwarranted
disclosure of the voluntary change of belief by an adult may lead to communal
clashes and may even endanger the life or limb of the convertee. This is an
experience of many Christian workers and seekers who have faced repeated
threats and attacks for seeking to practice and propagate the religion of their
choice from fundamentalists groups."
Sadly, however, the court maintained the constitutionality
of the law citing the 1977 Rev Stanislaus judgment which upheld similar laws in
the state of Madhya Pradesh and Orissa. It is regrettable as at the time the
Hon'ble Supreme Court sought to answer two very limited points, firstly if a
state government had the competence to enact such a law and secondly if there
wasa fundamental right to convert a person.
While no laxity must be shown to those who are indulging in
conversion by "force", "fraud" or "inducement",
by refusing to read down the vague andovertly broad definitions, the court may
have inadvertently played into the hands of communal forces. It has been
repeatedly noted by human rights agencies such as the UN Special Rapporteur on
Freedom of Religion or Belief, the National Commission for Minorities and other
civil society groups that these laws are misused by fundamentalist groups to
harass and intimidateminority communities and those who seek to change their
religious beliefs.
Pray for the legislature, executive and judiciary of India that justice and peace will prevail in India.
Issued By:
Rev. Dr. Richard Howell,
General Secretary
Evangelical Fellowship of India
New Delhi, India