Refugee Review Tribunal

AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND17783 Country: Date: 6 February 2006

Keywords: India – – Christians – Catholics – RSS

This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Questions

1. What is the situation regarding Christians in Tamil Nadu and India? 2. What is the RSS and what is its attitude towards Christians? 3. Do you have access to demographics of the states with the highest proportion of Christians (Catholics in particular)? 4. Who is the local member of parliament for ? 5. Is there freedom of worship in India? Can religious groups proselytise? 6. What states (especially Tamil Nadu) have passed so-called freedom of religion laws to prevent religious conversions by fraudulent means and coercion? 7. What does the Tamil Nadu law state? Has it been implemented by the authorities? Is it directed against proselytising by Christians? 8. Have the police arrested persons for religious crimes?

RESPONSE

1. What is the situation regarding Christians in Tamil Nadu and India?

The US Department of State country report for 2005 provides general information about the situation regarding Christians in India:

Tensions between Muslims and Hindus, and between Hindus and Christians, continued during the year. Attacks on religious minorities decreased overall but occurred in several states, which brought into question the Government’s ability to prevent sectarian and religious violence or prosecute those responsible for it. For example, in July, in Veravel, Gujarat, an alleged sexual assault of a Hindu schoolgirl by some Muslim youth led to violence between the 2 communities, causing 2 deaths, 20 injuries, and the destruction of 40 houses and 15 shops. In August, a group of 300 alleged members of the Hindu nationalist Vishwa Hindu Parishad (VHP) ransacked a church in Orissa, demolishing statues and burning religious books and furniture. The Government reportedly took no official action against those responsible.

Christian organizations also claimed that BJP officials in some states and localities have not restrained the illegal activities of radical Hindu groups. Although Christian leaders noted a decrease in violent attacks against their community, the incidents have continued. For example, in a September incident in Kerala, Christian groups demanded an investigation, and the Government ordered a probe, after Hindu militants attacked volunteers of the Missionaries of Charity. Also in September, the Global Council of Indian Christians urged the NHRC to take action against groups inciting violence against Christians in Karnataka.

Hindu organizations frequently alleged that Christian missionaries force Hindus, particularly those of lower castes, to convert to Christianity. In Christian majority areas, there were occasional reports that Christians persecuted members of regional minorities. In Tripura, there were several reported cases of harassment of non- Christians by members of the National Liberation Front of Tripura (NLFT), a militant evangelical tribal group.

There was increasing concern about the failure of the Gujarat government to arrest and convict those responsible for the widespread communal violence that occurred in 2002 following the burning of the Sabarmati Express train in Godhra. (US Department of State 2005, Country Reports on Human Rights Practices for 2004 – India, February – Attachment 1)

Information about the general situation for Christians in India and the level of protection offered by the state is provided in the following Research Responses:

• RRT Country Research 2003, Research Response IND15976, (Q 2 and 3) 13 October – Attachment 2;

• RRT Country Research 2003, Research Response IND16356, (Q.1) 17 December – Attachment 3.

2. What is the RSS and what is its attitude towards Christians?

The Rashtriya Syayamsevak Sangh (National Volunteers Association or RSS) is a militant Hindu activist organisation founded in 1925. It is recognised as the head of the Hindu nationalist movement in India today and is associated with organizations such as the Sangh Paivar (Associated Family), which include the , the Vishwa Hindu Parishad (VHP – World Hindu Council), and the .

Information about the RSS is provided in the following Research Responses:

• RRT Country Research 2004, Research Response IND16553, (Q6) 17 March – Attachment 4;

• RRT Country Research 2003, Research Response IND15708, (Q3) 20 February – Attachment 5;

• RRT Country Research 2001, Research Response IND14866, (Q3) 12 November – Attachment 6 (Attachment three of this response provides specific reference to the attitude of the RSS towards Christians).

The US Department of State’s report on religious freedom for 2005 states that the “BJP and the RSS claim to respect and tolerate other religions” and further describes the attitudes of the RSS towards Christians:

The BJP and RSS claim to respect and tolerate other religions; however, the RSS in particular opposes conversions from and believes that all citizens regardless of their religious affiliation should adhere to Hindu cultural values. The BJP officially states that the caste system should be eradicated, but many of its members strongly adhere to it. The BJP political platform calls for the construction of a Hindu temple on the site of a mosque in Ayodhya destroyed by a Hindu mob in 1992; for the repeal of Article 370 of the Constitution, which grants special rights to the state of Jammu and Kashmir, the country's only Muslim majority state; and for the enactment of a Uniform Civil Code that would apply to members of all religions.

Anti-conversion laws have been in effect in Madhya Pradesh and Orissa since the 1960s, and laws against forcible conversions exist also in Arunachal Pradesh. Chhattisgarh retained the anti-conversion law instituted when it was still part of Madhya Pradesh. In 2002-03, the states of Tamil Nadu and Gujarat passed "anti- conversion" laws. Both laws prescribe criminal prosecution for those persons "forcing" or "alluring" individuals to convert. However, the Gujarat state government has not promulgated the rules and regulations necessary for its implementation, and the law had not yet been applied. The Tamil Nadu anti-conversion law, under which no arrests had ever been made, was repealed in 2004. In March, the Maharashtra Chief Minister announced that his government had no intention of passing a special anti-conversion law. During the period covered by this report, no new anti-conversion laws were passed. A proposal to introduce a national anti-conversion law lapsed in 2002, and the new UPA Government has not revived it.

Indian law does not specify what constitutes "forced conversions" or "allurement." Human rights groups, Christian religious leaders, Islamic groups, and dalits have expressed concern that until this is corrected, authorities will be able to use the law to shut down educational, medical, and other social services provided by Christian groups to non-Christians. However, the Central Government can intervene to prevent states from taking action if it determines that such moves pose a threat to national integrity and communal harmony, or violate the spirit of the Constitution. Hindu groups allege that non-Hindu groups use cash inducements and more sinister methods to encourage conversions…

…In March, the RSS stated that it opposes quotas for members of scheduled castes who convert to Christianity. Calling the converts “Crypto-Christians,” the RSS argued that members of scheduled castes who convert to Christianity should not be eligible, since there is no concept of “untouchability” in Christianity, and it would deprive Hindus of opportunities reserved through quotas in state jobs. Supporters of the measure argued that since dalit converts still face the same, if not more, discrimination despite their conversion, the quotas are needed to help pull them out of poverty. The RSS also claimed that Muslims and Christians born in the country should not call themselves minorities, as their forefathers were Hindu. RSS General Secretary Mohan Rao Bhagawat stated that during the colonial period, the British introduced the “minority-majority” concept as part of a plan to divide the country and that the only genuine minorities are Jews and Parsees (US Department of State 2005, International Religious Freedom Report – India, November – Attachment 7).

In relation to the RSS’ attitudes towards Christians, the RSS Mission and Vision is available on the RSS website and provides the following statement:

(The) R.S.S. believes in the plural structure of society. Therefore, it recognizes that there is bound to be a majority-minority syndrome, and hence each group, whether in the majority or minority, will have a distinct identity and distinct character. Hindu philosophy, to which R.S.S. is committed, accepts and appreciates diversities. Even nature abhors uniformity…

…Pope’s Discordant Note As for Christianity or Islam, we desire that they too should fall in line of accepting the validity of other religions. The Millennium Peace Summit, which was held in New York in August 1999, adopted a declaration that they consider all religions equal. We want that the Christian and Islam religions give their approval to this declaration, which is signed by about one thousand religious leaders of various denominations. Surprisingly His Holiness the Pope struck a discordant note and declared that the Roman Catholic Church cannot accept other religions as equal. We wonder whether this is in consonance with the fundamentals of our constitution. RSS against Mass Conversions

R.S.S. is against mass conversion, which is carried on by various churches by means both fair and foul. To allow a tolerant person to embrace an exclusionist belief is to turn him into an intolerant person. For this reason R.S.S. is against the proselytizing activities of Christians churches.

RSS not against any religion, but some religions are extremely intolerant of other religions. Why could 5% Hindus not live with dignity and honour in the Kashmir valley? Why do Riangs have to flee from their homes in Mizoram? We wonder whether there is any commission to look into their grievances. (‘Mission and Vision – RSS and Minorities’ 2005, Rashtriya Swayamsevak Sangh (RSS) Website http://www.rss.org/New_RSS/Mission_Vision/RSS_on_Minorities.jsp – Accessed 23 January 2006 – Attachment 8).

Recent media reports indicate that the RSS have been linked with incidents of harassment against Christians in India.

According to a December 2005 article from Compass Direct, several Catholics were attacked on their way to Christmas mass, and subsequently identified their attackers, who were allegedly members of the RSS. As Compass Direct states:

Extremists beat four travelers (sic), including priest, leaving them unconscious. Hindu extremists launched two attacks on Catholics in the northern state of Rajasthan during the week before Christmas, in one case beating four people until they were unconscious.

On Saturday (December 24), nine members of the Hindu extremist group Rashtriya Swayamsevak Sangh (RSS) attacked four Catholics, including a priest, in Jambuda, about 50 kilometers (31 miles) from the district capital of Banswara. Jaisingh Baria, Sunil Minama, and two people identified only as Father Thomas and Santosh were traveling (sic) by jeep to attend a Christmas mass in a nearby village.

The attackers had parked their motorbikes just after a curve in the road in Tandi Moti village, waiting for the four to arrive, a parish priest told Compass. After forcing the jeep to stop, the attackers hit Fr. Thomas with an iron rod.

“Then they pulled the other three off the jeep and beat them,” said the priest, who identified himself only as Father Alexander. “They also made them strip down to their underwear.”

The victims lay unconscious on the road for four hours until a local Christian discovered them at 9:30 p.m.

Fr. Alexander had asked for police protection for the four after villagers warned Fr. Thomas not to attend the Christmas celebration that night. “Now I’m wondering how the attackers learned of their travel plans,” Fr. Alexander said.

RSS members had spread a rumor that the Catholics were carrying two children with them in the jeep in order to sacrifice them as part of their Christmas worship. As this rumor (sic) spread, people living in nearby villages came out to join in the beating.

Attackers also broke Fr. Thomas’ mobile phone and stole his wallet containing 5,000 rupees ($115), along with a small television and VCD player that were in the jeep.

Fr. Thomas and the other victims have since identified five of the attackers – Kamlesh Tambolia, Rakesh Damor, Bharat Nutt, Harlala Roth and Galjee Khatara – all allegedly members of the RSS. (‘INDIA: Catholics attacked on way to Christmas mass’ 2005, Compass Direct, 30 December http://www.compassdirect.org/en/index.php – Accessed 6 January 2006 – Attachment 9.)

According to an October 2005 article from Compass Direct:

For nearly two weeks, Hindu extremists have been attacking Christians in the Banswara district of Rajasthan state, resulting in the cancellation today of the last day of a revival festival.

The violence accelerated on Tuesday (October 25), when the Tribal Christian Welfare Society’s Christian revival meetings began in Sagwa village. At least 50 incidences of beatings have occurred since then. Late yesterday, government officials ordered the Society to cancel the remainder of the three-day festival because of escalating violence.

The Society annually organizes the festival, known for miraculous healings, with as many as 15,000 people usually in attendance. Only 5,000 managed to attend this year, as the Christians closed the festival this morning with a prayer for victims of the attacks.

In anticipation of the festival, the Hindu extremist group Rashtriya Swayamsevak Sangh (RSS) issued a call for a meeting of its own in the same area, according to a Society official.

“They then went on to bring many volunteers from different places and tried to disrupt the meeting by pleading to authorities to cancel the event as they were alleging conversions,” he said.

Superintendent of Police Sanjeev Kumar Narjari confirmed the RSS activities, saying the group and its affiliates had alleged “forcible conversions” and had asked the government to stop the festival.

“At the behest of the RSS and its affiliates, the government authorities had demanded in writing from the Christian leaders that no ‘forcible conversions’ would take place in the meetings, and that the Christian leaders had given this to the authorities in writing.” Narjari said. “The police would be videotaping the whole meeting to make sure that the people are not influenced in the ‘wrong way’ so that they may be converted by the Christians.”

Blocking Roads

Nonetheless, the RSS and its affiliates targeted participants going to the festival, placing members on all approach roads to the venue, beating them, and sending them back.

As a result, only 3,500 people arrived the first day of the festival.

“The RSS people are everywhere, blocking roads, staging protests and beating up our people,” said the Society official. “Many teams coming from distant areas have been beaten up and forced to turn back. Our only contact with the teams coming now is through phones, as the RSS is inflicting heavy violence.” He added that the RSS is rummaging through the baggage of all persons arriving in Sagwa. If RSS members find a Bible, they beat the owners of the baggage and order them back.

A team from Dahod (Gujarat) was en route to attend the meeting, but the conductor of the state-owned bus in which they were travelling (sic) informed the RSS. The Christians were dragged from the bus, beaten, and forced back.

“The police are present at each place where our people are being beaten up, but they do nothing to stop the RSS people,” the Society official said. “Even if we plead with them, they ignore us.”

Asked about the police’s inaction, after much hesitation Superintendent Narjari acknowledged the violence against Christians but maintained that these were small incidents.

After the beatings, many participants tried to contact the nearest police station but were turned away. One committee member of the Society said the situation is “is quite hopeless.”

“Since the police had to protect us at the venue, they gave the RSS a free hand on the approach roads to the venue,” he said. “The aim of all of this is to spell trouble for Christians, one way or the other.”(‘INDIA: Hindu extremist attacks curb Christian Festival in India’ 2005, Compass Direct, 27 October http://www.compassdirect.org/en/index.php – Accessed 8 November 2005 – Attachment 10.)

Incidents of harassment, allegedly involving the RSS also occurred earlier in 2005, according to a March 2005 article from Compass Direct:

Four Hindu men who identified themselves as members of the extremist Rashtriya Swayamsevak Sangh (RSS) and the Bajrang Dal attacked the prayer meeting in Dhanora village. The attackers beat two Christians with planks of wood and roughed up several others in the group of 25.

Christians at the gathering say the police failed to intervene or protect them. The prayer meeting, organized by an authorized Christian society, Nav Jyoti Ashram, was held on the porch of a house belonging to Achche Lal Jharia, the only Christian in the village.

“The JeevanJyotiChurchhad taken permission from the village authorities as well as the local police station to hold the prayer meeting,” Mr. K. L. Sondhiya, an elder of the church, told Compass. “The attack took place in the presence of two police officials.

“Jharia, a local Christian convert who is over 65 years old, received injuries to his nose and above his left eye. Ratan Arjune, a Christian from nearby Jabalpur, was hurt in his legs and arms. A Christian lady from Jabalpurwas hit in the chest ... and Pastor Amos Singh, the founder and president of Nav Jyoti Ashram, and others were manhandled.

“The attackers were shouting, ‘Jai Shri Ram’ [Long live Lord Rama],” Sondhiya added.

“Initially only four people came to disrupt the meeting, but an hour later, about 60 more came.

“They told the Christians, ‘When we can attack you in the presence of police, who can you complain to?’ Surprisingly, the police officials kept quiet with their heads hanging.”(‘Hindus in India Attack Church While Police Take “Lunch Break”’ 2005, Compass Direct, 14 March http://www.compassdirect.org/en/index.php – Accessed 11 April 2005 – Attachment 11.)

The following article from Frontline, while dated, offers background information and valuable insight into the RSS’ attitude towards Christians:

Activists of the Vishwa Hindu Parishad (VHP) and the Bajrang Dal in Gujarat have in recent times conveyed their intents and purposes through a chilling slogan: “Pahle Kasai, Phir Isai” (First Muslims; then Christians). The slogan serves a dual purpose – it seeks to smear an entire faith by equating its adherents to a traditionally stigmatised occupational grouping in India, and then to threaten it with extinction. (Kasai in Hindi means ‘butcher’ and the same word denotes Muslims.) In the sense of cultural hostility it embodies towards all faiths, the slogan is of a piece with all that was seen during the peak of the Ayodhya movement.

The slogan also encapsulates the strategy of the Rashtriya Swayamsevak Sangh (RSS) and its affiliates towards what it terms “social cleansing”. The strategy formulated in concrete terms in the 1960s clearly states that Muslims are the principal enemy and Christians a close second. The third identified enemy is the so-called Indian elite, which is influenced by “foreign isms, fashions and ideologies”.

According to RSS records, the strategy was formulated in concrete terms in the Mumbai conference of Hindu religious leaders in August 1964, which led to the formation of the VHP as the militant vehicle of religious propagation. The tasks assigned to the VHP included the “consolidation and strengthening of Hindu society”, the “protection and dissemination of Hindu spiritual and ethical values”, and the “establishment of links among Hindus living in different countries”. The proposed method was to build an ecclesiastical order, complete with its own liturgy, scripture and institutional hierarchy. Diversities were to be ironed out in cultural homogeneity, individuals manning shrines across the country were to be coopted into the network of VHP sponsorship. In another conscious reversion to the medieval model of religious organisations, VHP activists, themselves drawn to a great extent from the RSS, were designated as a lay order which would impart the necessary momentum for social consolidation on religious lines. (Ramakrishnan, Venkitesh and Muralidharan, Sukumar 1999, ‘Targeting Christians’, Frontline, January 1. http://www.flonnet.com/fl1526/15260280.htm – Accessed 23 January 2006 – Attachment 12.)

3. Do you have access to demographics of the states with the highest proportion of Christians (Catholics in particular)?

Information regarding the religious make-up of the states of India is provided.

According to Europa’s Regional Survey of South Asia 2004, the Roman Catholic Church of India comprises the following demographics:

India comprises 26 archdioceses and 120 dioceses. These include four archdioceses and 20 dioceses of the Syro-Malabar rite, and one archdiocese and three dioceses of the Syro-Malankara rite. The archdiocese of Goa and Daman is also the seat of the Patriarch of the east Indies. The remaining archdioceses are metropolitan sees. In December 2001 there were an estimated 16.8 m. adherents of the Roman Catholic faith in the country. (Farmer, B.H 2003, ‘India’ in Regional Survey of South Asia, Europa Publications: London, 1st Edition, p.192 –Attachment 13.)

The states with the highest number of Christians in India are Kerala and Tamil Nadu, with a total of 6,057,427 and 3,785,060 respectively according to The First Report on Religion: sourced from the Census of India 2001, available at Attachment 14. (‘The First Report on Religion’ 2001, Census of India 2001 http://www.censusindia.net/religiondata/ – Accessed 23 January 2006 – Attachment 14.) However, the states with the highest proportion of Christians per total of the population are Nagaland with a total of 1,790,349 out of a total state population of 1,990,036 (90%) and Mizoram with 772,809 out of a total state population of 888,573. (Attachment 14)

Full census data including profiles of the main religions is available at Attachment 15 (‘Census of India 2001’ 2001, http://www.censusindia.net/religiondata/ – Accessed 23 January 2006 – Attachment 15).

Information regarding the demographics of the states with the highest proportion of Catholics is located on the Catholic Hierarchy website available at Attachment 16. (‘The hierarchy of the Catholic Church’ 2005 Catholic Hierarchy website http://www.catholic-hierarchy.org/ – Accessed 24 January 2006 – Attachment 16.)

According to an analysis provided in the table ‘India-statistics by Diocese’ authored by independent researcher David M Cheney, the highest proportion of Catholics is located in the diocese of Palai where 50.64% of the population is Catholic, followed by the diocese if Idukki with a percentage of 34.23% is Catholic. (‘India- statistics by Diocese’ 2005 Catholic hierarchy website http://www.catholic-hierarchy.org/country/scin3.html – Accessed 24 January 2006 – Attachment 17.) The full statistics of the numbers of Catholics in each diocese is available in the following table at Attachment 17.

The diocese of Palai is located in the state of Kerala, as is further explained on the Catholic Bishops Conference of India website at Attachment 18. (‘Palai diocese’ (No date) Catholic Bishops Conference of India website http://www.cbcisite.com/Dioceses%20of%20Palai.htm – Accessed 24 January 2006 – Attachment 18.)

The diocese of Idukki is also located in the state of Kerala, as evidenced by further information available on the Catholic Bishops Conference of India website at Attachment 19. (‘Idukki diocese’ (No date) Catholic Bishops Conference of India website http://www.cbcisite.com/Dioceses of Idukki.htm – Accessed 24 January 2006 – Attachment 19.)

4. Who is the local Member of Parliament for Vellore?

According to the Sarkari.com website, the local Member of Parliament for the constituency of Vellore, Tamil Nadu is Professor Kader Mohideen. The details of elected Members of Parliament are available in a table entitled Members of Parliament – Lok Sabha, available at Attachment 20. (‘Members of Parliament – Lok Sabha’ 2005, Sakari.com, http://www.sarkaritel.com/parliament/lok_sabha/member_of_parliament_k.htm#Kader%20M ohideen,%20Prof.%20K.M. – Accessed 23 January 2006 – Attachment 20.)

Details of the numbers of votes he received are available on the online website under the Vellore constituency details, available at Attachment 21. (‘Election 2004 Winners’ 2004, Chennai Online, http://www.chennaionline.com/election04/results.asp#vellore – Accessed 23 January 2006 – Attachment 21.)

Professsor Kader Mohideen represents the DMK Party – the Dravida Munnetra Kazhagam party. Information about the DMK Party is available on the Wikipedia website, available at Attachment 22. (‘Dravida Munnetra Kazhagam’ 2005, Wikipedia, http://en.wikipedia.org/wiki/DMK – Accessed 30 January 2006 – Attachment 22.)

The local Member of Parliament for the State Assembly of Vellore is C Gnanasekaran from the TMC (M)…(Tamil Maanila Congress)…(TMC) Party, as voted at the May 2001 State Legislative elections. (‘Statistical Report on General Election, 2001 to the Legislative Assembly of Tamil Nadu, 2001 Election Commission of India – Attachment 23.)

5. Is there freedom of worship in India? Can religious groups proselytise? 6. What states (especially Tamil Nadu) have passed so-called freedom of religion laws to prevent religious conversions by fraudulent means and coercion?

The 2004 US Department of State country report states that India’s Constitution permits freedom of worship in India. However, in practice the government “sometimes did not act effectively to counter societal attacks against religious minorities and attempts by state and local governments to limit religious freedom”. The US Department of State asserts:

The Constitution provides for secular government and the protection of religious freedom, and the central Government generally respected these provisions in practice; however, it sometimes did not act effectively to counter societal attacks against religious minorities and attempts by state and local governments to limit religious freedom. This failure resulted in part from the legal constraints inherent in the country’s federal structure, and in part from shortcomings in the law enforcement and justice systems. There is no state religion; however, the majority of citizens are followers of Hinduism, and this at times adversely affected the religious freedom of others. Some extremists interpreted ineffective investigation and prosecution of attacks on religious minorities as evidence that such violence may be committed with impunity.

During the year, the status of religious freedom improved; however, problems remained in some areas. While the Government took some steps to decrease attacks and bring about justice, attacks against religious minorities persisted. However, no new anti-conversion laws were enacted during the year, and Tamil Nadu repealed its anti-conversion law. , the politicized inculcation of Hindu religious and cultural norms to the exclusion of others, remained a subject of national debate and influenced some governmental policies and societal attitudes.

The BJP, which led the central Government until May, is a Hindu nationalist party with links to Hindu extremist groups implicated in violent acts against Christians, Muslims, and tribal persons. Human rights groups and others suggested that these links influenced the BJP Government’s inadequate response to acts of violence against religious minorities.

Legally mandated benefits were assigned to certain groups, including some groups defined by their religion. For example, minority institutions were able to reserve seats for minorities in educational institutions. Minority run institutions also were entitled to funding, although with restrictions; however, benefits accorded Dalits (formerly known as “untouchables”) were revoked if Dalits converted to Christianity, but not to Buddhism.

The Religious Institutions (Prevention of Misuse) Act of 1988 makes it a criminal offense (sic) to use any religious site for political purposes or to use temples to harbor persons accused or convicted of crimes. While specifically designed to deal with Sikh places of worship in Punjab, the law applies to all religious sites. The Religious Buildings and Places Act requires a state government-endorsed permit before construction of any religious building may commence. The Act’s supporters claimed that its aim was to curb the use of Muslim institutions by Islamic extremist groups, but the measure became a controversial political issue among religious Muslims.

In May, the Government of Tamil Nadu repealed a 2003 Ordinance banning religious conversions carried out by “force, allurement or fraudulent means.” (US Department of State 2005, Country Report on Human Rights Practices for 2004 – India, February – Attachment 1.)

Religious conversion is permitted in India; however, some states have enacted anti- conversion legislation that restrict forced conversions. According to a September 2005 Compass Direct article,

Anti-conversion laws are in force in the states of Orissa, Madhya Pradesh, Chattisgarh, and Arunachal Pradesh. Gujarat state passed a similar law in March 2003; but the law has not been enforced because the government has not yet formulated rules under the Act…

…Responding to the VHP’s…(Vishwa Hindu Parishad)…demand for a nationwide anti-conversion law, John Dayal, secretary general of the All India Christian Council, told Compass, “Such laws are against the constitution, and they violate international covenants to which India is a signatory, including the United Nations charter.” (‘India: Hindu mob detains, assaults six Christian workers in Orissa state’ 2005, Compass Direct, 2 September http://www.compassdirect.org/en/br eaking.php – Accessed 6 September 2005 – Attachment 24)

In October 2002, the state of Tamil Nadu passed an anti-conversion bill. However, the US Department of State’s International Religious Freedom Report for 2005 states that “Tamil Nadu repealed its anti-conversion law” in 2005 and that “conversion continued to be a highly contentious issue”:

No new anti-conversion legislation was introduced in the states, and Tamil Nadu repealed its anti-conversion law. The Gujarat police conducted no illegal surveys of Christians during the period covered by this report. While the Government took some steps to decrease religious tensions, violence directed against minorities by both state and nonstate actors persisted. Religious extremists continued to distribute tridents (trishuls), three-pronged Hindu symbols which were sometimes used as weapons or to intimidate, in Rajasthan and Orissa (US Department of State 2005, International Religious Freedom Report – India, November – Attachment 7).

The report further states that “forced religious conversion is illegal, but some NGOs claim some state governments have used this type of legislation to restrict voluntary conversions as well”. As is elaborated in the report:

…Conversion continued to be a highly contentious issue. Hindu nationalist organizations and others frequently alleged that Christian missionaries lured converts, particularly from the lower castes, with offers of free education and healthcare and equated such actions with forced conversions. Christians denied this charge, responding that persons convert on their own free will and that efforts by Hindu groups to “reconvert” Christians to Hinduism were themselves coercive. Several state governments have responded to the allegations by Hindu groups by enacting laws to strengthen proscriptions against coerced conversion. Forced religious conversion is illegal, but some NGOs claim some state governments have used this type of legislation to restrict voluntary conversions as well (US Department of State 2005, International Religious Freedom Report – India, November – Attachment 7).

7. What does the Tamil Nadu law state? Has it been implemented by the authorities? Is it directed against proselytising by Christians?

The state of Tamil Nadu did have a law enacted entitled the Prohibition of Forcible Conversion of Religion Act, enacted in 2002. This law has since been repealed. The US Department of State report for 2003 further outlines the details of the legislation:

On January 10, the controversial Prohibition of Forcible Conversion of Religion Act that bans "forced" religious conversions was passed in the state of Tamil Nadu. In February, the "Freedom of Religion" Bill that provides penalties for conversion using allurement or force, including up to 3 years in prison and a fine of $1,000 (50,000 Rs), was passed in Gujarat. Conversions in Gujarat must be assessed by officials, and prior permission given by the District Magistrate. Human rights advocates believed that both laws make it more difficult for poor persons, mistreated minorities, and others ostracized under the caste system, to convert from Hinduism to another religion. Further, the Tamil Nadu law requires that persons involved in a conversion report it to the local magistrate within 10 days. Authorities in Tamil Nadu announced their intention to enforce the law as a deterrent to large-scale conversions. The Gujarat bill requires persons converting to have prior permission from the district authorities before conversion. (US Department of State 2004 Country Report on Human Rights Practices for 2003 – India, February – Attachment 25)

As outlined above, the state of Tamil Nadu repealed its anti-conversion bill in 2004. Further details of the repeal are discussed in the following 2004 article from the Compass Direct website:

Barely a week after India’s Congress Party defeated the previous pro-Hindu government in national elections, Chief Minister Selvi J. Jayalalithaa of Tamil Nadu, southern India, has announced the repeal of the state anti-conversion law.

Ms. Jayalalithaa heads the local branch of the All India Anna Dravida Munnetra Kazakham party (AIADMK), which was soundly defeated in the general elections. While she maintains her current position as Chief Minister of Tamil Nadu until Assembly elections in 2006, opposition members who won 35 of the 39 local seats in Tamil Nadu have called for her resignation.

On May 18, Jayalalithaa announced that she would drop the state’s anti-conversion law. “I have ordered that the Tamil Nadu Prohibition of Forcible Conversion of Religion Act 2002 be repealed at once,” she said. “An ordinance for this purpose will be brought immediately.”

The Tamil Nadu anti-conversion law was enacted on October 5, 2002, despite large- scale protests by the Christian minority and opposition parties.

It contained loose definitions and required all conversions to be registered with the state government. Without proper registration, both “converter” and “converted” could be jailed and fined as common criminals.

Christians form approximately six percent of the population in Tamil Nadu. They say the law was passed with intent to harass religious minorities and restrict missionary work in the state.

Defending her original decision to enact the law, Ms. Jayalalithaa said in a five-page statement released on May 18, “It was only with the good intention of further promoting religious harmony among all religions that my government enacted the Tamil Nadu Prohibition of Forcible Conversion of Religion Act.”

She also claimed that her state government had “always been the strongest champion of the rights and welfare of every minority community, be it Christians, Muslims or others.

“This act was never intended to be used against the minorities. However, as leaders of some minority communities have requested withdrawal of this law, I have ordered that it be repealed at once.”

Hindu nationalists in the state have condemned Jayalalithaa’s move. Mr. R. Ramagopalan, who leads the organization Hindu Munnani which supported the enactment of the law, labelled (sic) the decision “saddening and painful.” He called on citizens to peacefully oppose the withdrawal of the law, and encouraged religious leaders to join hands and take further steps to prevent “unethical” conversions.

Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass, “This is an answer to prayers offered by Christians everywhere. We are happy she is moving away from Hindutva.

“This decision is a result of the fact that not only Christians, but the whole state including opposition parties, revolted against the anti-conversion law,” he added. “It could be a pointer that minorities can, with the political parties, lobby for the repeal of similar acts in other states as well.”

Dr. John Dayal, general secretary of the All India Christian Council, agreed that the move had raised hopes for further legislative change. “It is now clear that Jayalalithaa enacted the law not because there was a threat of large-scale forced or fraudulent conversions, but to please her allies in the Hindutva [Hindu nationalist] movement,” he explained.

“We are shortly going to demand politically that the states of Orissa, Arunachal, Madhya Pradesh and Gujaratrepeal similar legislation. We are also considering approaching the new central government to enact central legislation which will bar any state from enacting future laws that curb freedom of faith or in any way erode constitutional guarantees to the minorities.”

Father Babu Joseph, speaking for the Catholics Bishops’ Conference of India, commented, “Ms. Jayalalithaa’s largesse seems, first of all, a move to control the damage suffered by her and her party, and secondly, to win the people back into her fold. (‘INDIA: Tamil Nadu, India, announces repeal of anti-conversion law: Christians will lobby to revoke anti-conversion laws in four other states 2004, Compass Direct, 25 May www.compassdirect.org – Accessed 28 May 2004 – Attachment 26.)

8. Have the police arrested persons for religious crimes?

Arrests by police for religious crimes relating to conversion have been made recently in the state of Orissa. According to a January 2006 report on the Web India website:

At least two persons have been arrested for allegedly assaulting a Hindu woman and setting her house on fire in Orissa after she refused to change her religion, police said Wednesday.

The woman Kabita Mallik, a resident of Matiapada village in the coastal district of Jajpur with two children to support was eking out a meagre living doing household work at nearby houses, ever since her husband disappeared five years ago.

Her husband Purnachandra Mallick had gone to to work as a plumber, but did not return.

Three villagers Gunanidhi Mallick, Tikan Mallick and Kulmani Mallick, recent converts to Christianity, were persuading her to adopt a similar step, which she was resisting, a senior district police official told IANS citing the complaint lodged by the woman.

The trio Tuesday allegedly assaulted her and set afire her thatched house as she refused to convert, according to the complaint.

The fire also engulfed five nearby houses.

"Acting on the complaint, we have arrested Kulamani Mallick and Gunanidhi Mallick on charges of attempting forced conversion, assault on the woman and torching of her house," the police official said.

Another culprit Tikan Mallick is absconding, he added.

The arrested persons were produced before the local sub-divisional judicial magistrate's court Wednesday. The court rejected their bail applications and remanded them in judicial custody.

Meanwhile, tension mounted in the village and nearby areas after this incident. Senior police officials rushed to take stock of the situation.

While state Christian leaders described the charge as false, leaders of the Vishwa Hindu Parishad, who visited the village, alleged that some people were forcing people to convert, which was in gross violation of the Orissa Hindu Religion Freedom Act.

Two years back, village Kilipala of the same district witnessed an incident where some villagers had tonsured seven Dalit women after they embraced Christianity (‘Two arrested for forcing woman to convert’ 2006, WebIndia, 18 January http://news.webindia123.com/news/showdetails.asp?id=223539&cat=India – Accessed 31 January 2006 – Attachment 27.)

Several incidents where police arrested persons for crimes related to Christian conversion have occurred in India recently. Reports of these arrests are documented in the US Department of State’s report on religious freedom for 2005:

Religious press outlets reported that on August 8, 2004, a group of Christians in Orissa were denied access by fellow villagers to the village well and employment opportunities when they returned to their village. Pastor Subas Samal and an associate had spent 6 weeks in jail under Orissa’s anti-conversion law. The pastor claimed that he had attempted to find a solution to the conflict and that never forced anyone to convert.

In February 2004, Hindu villagers in Jagatsingpur District, Orissa seized eight persons, including a local pastor and eight Christian women and shaved their heads. Villagers accused the pastor of forcibly converting two village women; however, the women denied this. In May 2004, the local police arrested six persons in connection with the incident, and the pastor and the eight would remain in protected housing . No new information was available concerning their cases.

On September 26, 2004, approximately 35 Hindus in Kerala attacked four nuns and brothers belonging to the Missionaries of Charity after accusing them of converting Hindu villagers. Kerala police arrested 12 Hindu activists for the attack…

…On May 14, four Christian missionaries were arrested in Brajarajnagar, Orissa and charged with forced conversion. The police seized 70 Bibles, religious pamphlets, posters, and banners from the group. They stated the missionaries had been propagating the Christian faith under the guise of providing financial help to poor villagers. The missionaries had not received permission to perform conversions in the area, but they were released the following day (US Department of State 2005, International Religious Freedom Report – India, November – Attachment 7).

List of Sources Consulted

Internet Sources: Government Information & Reports United Nations (UN) UNHCR website - http://www.unhcr.org/cgi-bin/texis/vtx/home Non-Government Organisations International News & Politics BBC News - http://news.bbc.co.uk/ Frontline - http://www.flonnet.com

Region Specific Links WebIndia website - http://news.webindia123.com/news/index.html Sakari.com - http://www.sarkaritel.com/ Chennai Online http://www.chennaionline.com Topic Specific Links Rashtriya Swayamsevak Sangh (RSS) Website http://www.rss.org/New_RSS/index.jsp Census India website http://www.censusindia.net/religiondata/ Catholic Hierarchy website http://www.catholic-hierarchy.org/ Catholic Bishops Conference of India website - http://www.cbcisite.com/ Search Engines Google search engine - http://www.google.com.au/ Yahoo search engine - http://www.yahoo.com/ Online Subscription Services Compass Direct - http://www.compassdirect.org/en/index.php Online Reference Services Wikipedia website - http://en.wikipedia.org Library Networks State Library of New South Wales - http://www.sl.nsw.gov.au/ University Sites

Databases: Public FACTIVA Reuters Business Briefing DIMIA BACIS Country Information REFINFO IRBDC Research Responses (Canada) RRT ISYS RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Country Reports on Human Rights Practices. RRT Library FIRST RRT Library Catalogue

List of Attachments

1. US Department of State 2005, Country Reports on Human Rights Practices for 2004 – India, February.

2. RRT Country Research 2003, Research Response IND15976, (Q 2 and 3) 13 October.

3. RRT Country Research 2003, Research Response IND16356, (Q.1) 17 December. 4. RRT Country Research 2004, Research Response IND16553, (Q6) 17 March.

5. RRT Country Research 2003, Research Response IND15708, (Q3) 20 February.

6. RRT Country Research 2001, Research Response IND14866, (Q3) 12 November. (Attachment three of this response provides specific reference to the attitude of the RSS towards Christians.)

7. US Department of State 2005, International Religious Freedom Report – India, November.

8. ‘Mission and Vision – RSS and Minorities’ 2005, Rashtriya Swayamsevak Sangh (RSS) Website http://www.rss.org/New_RSS/Mission_Vision/RSS_on_Minorities.jsp – Accessed 23 January 2006.

9. ‘INDIA: Catholics attacked on way to Christmas mass’ 2005, Compass Direct, 30 December http://www.compassdirect.org/en/index.php – Accessed 6 January 2006. (CISNET India CX143729)

10. ‘INDIA: Hindu extremist attacks curb Christian Festival in India’ 2005, Compass Direct, 27 October http://www.compassdirect.org/en/index.php – Accessed 8 November 2005. (CISNET India CX139509)

11. ‘Hindus in India Attack Church While Police Take “Lunch Break”’ 2005, Compass Direct, 14 March http://www.compassdirect.org/en/index.php – Accessed 11 April 2005. (CISNET India CX112872)

12. Ramakrishnan, Venkitesh and Muralidharan, Sukumar 1999, ‘Targeting Christians’, Frontline, 1 January, http://www.flonnet.com/fl1526/15260280.htm – Accessed 23 January 2006.

13. Farmer, B.H 2003, ‘India’ in Regional Survey of South Asia – Europa Publications: London, 1st Edition, p.192. (RRT Library)

14. ‘The First Report on Religion’ 2001, Census of India 2001 http://www.censusindia.net/religiondata/ – Accessed 23 January 2006.

15. ‘Census of India 2001’ 2001, http://www.censusindia.net/religiondata/ – Accessed 23 January 2006.

16. ‘The hierarchy of the Catholic Church’ 2005 Catholic Hierarchy website http://www.catholic-hierarchy.org/ – Accessed 24 January 2006.

17. ‘India - statistics by Diocese’ 2005, Catholic hierarchy website http://www.catholic-hierarchy.org/country/scin3.html – Accessed 24 January 2006.

18. ‘Palai diocese’ (No date) Catholic Bishops Conference of India website http://www.cbcisite.com/Dioceses%20of%20Palai.htm – Accessed 24 January 2006.

19. ‘Idukki diocese’ (No date) Catholic Bishops Conference of India website http://www.cbcisite.com/Dioceses of Idukki.htm – Accessed 24 January 2006.

20. ‘Members of Parliament – Lok Sabha’ 2005, Sakari.com, http://www.sarkaritel.com/parliament/lok_sabha/member_of_parliament_k.htm#Kade r%20Mohideen,%20Prof.%20K.M. – Accessed 23 January 2006.

21. ‘Election 2004 Winners’ 2004, Chennai Online http://www.chennaionline.com/election04/results.asp#vellore – Accessed 23 January 2006.

22. ‘Dravida Munnetra Kazhagam’ 2005 Wikipedia, http://en.wikipedia.org/wiki/DMK – Accessed 30 January 2006.

23. ‘Statistical Report on General Election, 2001 to the Legislative Assembly of Tamil Nadu, 2001 Election Commission of India.

24. ‘India: Hindu mob detains, assaults six Christian workers in Orissa state’ 2005, Compass Direct, 2 September http://www.compassdirect.org/en/br eaking.php – Accessed 6 September 2005. (CISNET India CX133576)

25. US Department of State 2004 Country Report on Human Rights Practices for 2003 – India, February.

26. ‘INDIA: Tamil Nadu, India, announces repeal of anti-conversion law: Christians will lobby to revoke anti-conversion laws in four other states 2004, Compass Direct, 25 May www.compassdirect.org – Accessed 28 May 2004. (CISNET India CX95541)

27. ‘Two arrested for forcing woman to convert’ 2006, WebIndia, 18 January http://news.webindia123.com/news/showdetails.asp?id=223539&cat=India – Accessed 31 January 2006.