Friday, October 6, 2017

Freedom of Religion Laws

The political situation in Jharkhand (the state where I'm doing my fieldwork) is difficult at present. In India in general, religion has long been intertwined with politics. And it's gotten a lot worse since the Hindu fundamentalist party, the BJP (Bharatiya Janata Party, or Indian People's Party), came to power in 2014 under the leadership of Prime Minister Narendra Modi.

India's Prime Minister, Narendra Modi
(http://www.citizenlivenews.tv/wp-content/uploads/2017/09/27modi.jpg)

The BJP is also the ruling party in the state of Jharkhand. Last year, they passed some amendments to the law governing the sale of Adivasi (tribal) lands. These changes make it much easier for land to be bought by the government or non-Adivasis for the sake of "development" (which is defined rather loosely). Adivasis are not happy about these changes, which they believe will result in increased poverty and exploitation of their communities. They have mobilized across religious lines to resist the changes.

Adivasis protest amendments to the CNT Act
(http://www.ucanindia.in/news/jharkhand-farmers-resist-move-to-take-over-their-lands/35586/daily)

In response, the BJP government has tried to distract the public by focusing on the issue of religious conversion. This is a very contentious subject in India, especially for Hindu fundamentalists. The Indian Constitution guarantees freedom of religion and the Indian Penal Code prohibits forced conversions, but several states have gone further and passed so-called "Freedom of Religion Laws" which make it difficult for Hindus to convert to Christianity or Islam. Converting to Buddhism, Sikhism, or Jainism is not regulated by these laws because those are deemed "Indian religions," like Hinduism, whereas Christianity and Islam are "foreign religions." Theoretically you would think that they ought to apply to Christians or Muslims converting to Hinduism as well, but in practice they are never enforced for conversions "back" to Hinduism (the assumption underlying these laws is that all Indians were "originally" Hindu).

Jharkhand Chief Minister Raghubar Das meeting with a member of ISKCON (a Hindu organization) (https://www.telegraphindia.com/1170914/jsp/frontpage/story_173066.jsp)

So in August the BJP government in Jharkhand passed a "Freedom of Religion Law." What does this mean? If you want to convert to Christianity, you and the person "converting" you (there's a very different understanding of belief and conversion at play here), have to get prior permission from the Deputy Commissioner, i.e., the executive head of the district (to give you a sense of scope, there are 24 districts in Jharkhand, so on average there are about 1.4 million people in each district), who must be convinced that the conversion is not the result of "force, allurement, inducement or fraud." If you convert without getting that permission, you and the person who converted you will be fined about $800 each (which is about the per capita annual income in Jharkhand) and/or imprisoned for 3 years. If you happen to be an Adivasi or a woman, the fine will be doubled and the prison sentence increased to 4 years. The assumption here seems to be that Adivasis and women are less capable of thinking and making rational decisions for themselves.

The GEL Church's annual Women's Festival

The tricky thing is defining what counts as "force, allurement, inducement or fraud." The law leaves these terms somewhat ambiguous, although it does state that "force" would include the "threat of divine displeasure." On that logic, the promise of divine forgiveness or eternal life could also be considered allurement or inducement.

In short, the law is ripe for abuse. Already, six Christians in a village near the city of Simdega have been accused of trying to "forcibly convert" a sick woman who had invited them to come to her home and offer healing prayer on her behalf. They were arrested and not granted bail. Jharkhand's "Freedom of Religion Law" has not yet gone into effect, so they were charged with "upsetting the religious feelings of others."

The BJP's base is thrilled by this law, and they've held several protests against "forced conversions," including one at which they burned an effigy of the region's Roman Catholic Cardinal. They've also called "bandhs," or strikes, which effectively shut down the city and its public transportation.

Hindu fundamentalists burning an effigy of Cardinal Telesphore Toppo
(http://www.ucanindia.in/news/burning-of-cardinals-effigy-upsets-indian-bishops/35551/daily)

Christians, in response, have tried to convince the state's Governor, and now the President of India (to whom the Governor forwarded the law), not to approve the law. (India has both a Prime Minister and a President, and its states have both Chief Ministers and Governors.) The Lutheran and Anglican church leadership has not been taking much action, but some members of the seminary faculty have been very active in organizing protests, prayer vigils, and public advocacy. Catholics, as usual, have been at the forefront of the struggle.

Members of the All Churches Committee of Ranchi making a statement about the law (https://www.telegraphindia.com/1170915/jsp/frontpage/story_173312.jsp)

It's a fascinating time to be here, although it does mean I have to be more careful. Not because I'm worried about my safety, but rather because someone could accuse me of being a "missionary" and try to get me deported. That's a stretch, but you never know... The government seems to be looking for any excuse to create a religious controversy.

Fortunately, there is a widespread awareness among Adivasis that this law is being used as a distraction from other political and economic issues, and they're not falling for it. Non-Christian Adivasis, for the most part, are not worried about their neighbors trying to convert them to Christianity. They remain focused on issues related to their land rights. Again, it's a very interesting time to be here and these issues will certainly be finding their way into my dissertation.

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