Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND17783 Country: India Date: 6 February 2006 Keywords: India – Tamil Nadu – 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 Vellore? 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 Bharatiya Janata Party, the Vishwa Hindu Parishad (VHP – World Hindu Council), and the Bajrang Dal. 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 Hinduism 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