Supreme Court’s recent remarks on anti-conversion laws buoy Catholics’ hopes, signaling potential conflicts with religious freedoms. Archbishop Machado of Bangalore echoes optimism, anticipating positive outcomes for fundamental rights amidst legal scrutiny.
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NEW DELHI: The Supreme Court‘s recent remarks have stirred optimism among Catholics regarding the draconian anti-conversion laws. The Court’s comments, made during a hearing on May 16 regarding the anti-conversion law in Uttar Pradesh state, suggested that certain provisions of the law might infringe upon the fundamental right to religion enshrined in Article 25 of the Indian Constitution.
Archbishop Peter Machado of Bangalore, hailing from southern Karnataka state, expressed profound optimism in response to the Supreme Court’s observation.
“This observation by the Supreme Court fills us with hope,”
-he remarked.
The court’s recognition of the primacy of the fundamental right of freedom of conscience is reassuring. We condemn fraudulent conversions, but it’s imperative that the law does not become a tool for persecution and violation of our fundamental rights.
The acknowledgment from the highest judicial authority in India comes at a crucial juncture, with 12 out of India’s 28 states having already enforced laws criminalizing religious conversions. Shockingly, these laws extend to voluntary conversions that are not coerced. Such legislation has not only resulted in the arrest of clergy members but has also incited violence against Christians across the country.
A.C. Michael, a prominent Catholic and coordinator of the United Christian Forum (UCF), expressed his optimism, stating-
“The remark from the Supreme Court is a welcome surprise and instills hope in us.”
He further highlighted that appeals against these laws are currently pending in as many as nine states. The UCF, known for its vigilant monitoring of incidents of anti-Christian violence, has been actively providing support to persecuted Christians, many of whom have been arrested on spurious conversion charges.
Michael underscored the misuse of anti-conversion laws, predominantly enacted by Hindu nationalist Bharatiya Janata Party (BJP) governments, to target Christians. These laws, instead of safeguarding religious freedoms, have been weaponized to suppress religious minorities, particularly Christians, under the pretext of preventing forced conversions.
The Supreme Court of India has raised concerns about the constitutionality of the Uttar Pradesh anti-conversion law, officially known as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. This observation was made during the hearing of a petition seeking the quashing of a conversion case registered against officials of Sam Higginbottom University of Agriculture, Technology, and Sciences, a Christian institution in Uttar Pradesh.
The Supreme Court, in its oral remarks –
“In certain aspects, the anti-conversion law in Uttar Pradesh may appear to contravene the fundamental right to religion as guaranteed by Article 25 of the Constitution.”
Understanding of Article 25:
Article 25(1) of the Indian Constitution, often referred to as the Magna Carta of religious freedom in India, states: “Subject to public order, morality, and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion.” This provision ensures that every individual in India has the right to practice and propagate their religion without any interference, provided it does not disrupt public order or morality.
The case that brought this issue to the Supreme Court’s attention involved officials from the Sam Higginbottom University of Agriculture, Technology, and Sciences, who were accused under the anti-conversion law. This law, enacted in 2021, aims to prevent unlawful religious conversions, often purportedly targeting forced or fraudulent conversions. However, its implementation has sparked significant controversy and allegations of misuse.
Anti-conversion laws, such as the one in Uttar Pradesh, have been criticized for being tools of religious discrimination and persecution, particularly against minority communities. The United Christian Forum (UCF) recorded 731 incidents of atrocities against Christians in 2023. Michael, a representative from UCF, highlighted-
“More than fifty percent of these arrests raise questions under the Freedom of Religious Acts (FORA).”
Michael pointed out that Uttar Pradesh, India’s most populous state with over 231 million residents and governed by the Hindu nationalist Bharatiya Janata Party (BJP), reported 301 of the 731 incidents of anti-Christian persecution in 2023. He noted that most of these incidents involved the blatant abuse of the anti-conversion law, with even senior Catholic priests being arrested and imprisoned for extended periods.
A poignant example of the alleged misuse of the anti-conversion law is the case of Father Babu Francis, the social service director of the Allahabad Diocese in Uttar Pradesh. Father Francis was imprisoned for 83 days on charges under the anti-conversion law. His arrest followed his attempt to inquire about the detention of his Catholic driver, illustrating the broad and often arbitrary application of the law.
The Supreme Court’s observation regarding the potential violation of religious freedoms by the Uttar Pradesh anti-conversion law could have far-reaching implications. If parts of the law are found to be unconstitutional, it may necessitate significant amendments or even the repeal of the law to ensure it aligns with the fundamental rights enshrined in the Constitution.
In early February, Father Dominic Pinto of Lucknow was apprehended under the controversial anti-conversion legislation, accused of facilitating an evangelical assembly at the diocesan pastoral center. His arrest throws light on a broader pattern of legal challenges faced by religious minorities in India. After enduring six weeks of custody, Father Pinto was released, a reprieve that came shortly before Easter, while ten others associated with the event were freed just prior to the holiday.
The United Christian Forum (UCF) has vocally criticized the enforcement tactics associated with these laws, which often empower extremist groups to disrupt religious gatherings.
“In nearly all instances documented nationwide, vigilante groups, often comprising religious extremists, have been observed disrupting prayer gatherings or apprehending individuals suspected of coercive religious conversions.”
-highlighted a report from the UCF.
The report further details the violence faced by these religious groups:
“These groups brazenly intimidate and/or physically assault individuals during prayers before handing them over to the police, alleging forced conversions. Often, there are instances of communal chanting outside police stations, with law enforcement remaining passive bystanders.”
-the UCF stated.
This passive response from law enforcement often leaves the affected communities without recourse and fosters a climate of fear and suppression.
The link between these religious attacks and anti-conversion laws has been firmly established by various advocates and human rights organizations.
“There is undoubtedly a direct correlation between attacks on Christians and anti-conversion legislation.”
– pointed out Machado, an activist whose petition demands that the Supreme Court of India address the rising incidents of violence.
Statistics provided by the UCF reveal a disturbing escalation in violence: from 147 incidents in 2014 to a staggering 731 in 2023. These figures have climbed each year since Prime Minister Narendra Modi’s administration, under which the BJP regime took power, signaling an alarming trend that coincides with the tenure of the current government.
“Even human rights organizations with secular agendas have highlighted this correlation.”
-added Machado, reinforcing the notion that these issues are recognized beyond religious communities.
The People’s Union for Civil Liberties (PUCL), in its study “Criminalizing Practice of Faith,” detailed how police forces in Karnataka—a state that passed its own anti-conversion law in 2022—have allegedly colluded with Hindu nationalist groups. The study accuses law enforcement of turning a blind eye to offenses committed against Christians, thereby facilitating an environment where such violations can continue without penalty.
