Tag Archives: secularism

The Uttar Pradesh cabinet has approved the ordinance against religious conversions through fraudulent means, especially conversions for the purpose of marriage. But a vicious propaganda has been unleashed that the law is aimed at non-existent ‘love jihad.’ The law has no mention of ‘love jihad’ anywhere, yet there is so much noise in the media and social media platforms to this effect. Media headlines put out so far go like this – ‘Why India’s Most Populous State Just Passed a Law Inspired by an Anti-Muslim Conspiracy Theory’?

The facts are as follows.
The bill is titled ‘Uttar Pradesh Vidhi Virudhh Dharm Samparivartan Pratisdhedh Adhyadesh, 2020’ or ‘UP Prohibition of Unlawful Religious Conversion Ordinance – 2020’. It does not use the word ‘love jihad’ at all nor is it directed towards curbing fundamental rights of any citizen to practice religion of their choice. It is not for the first time that a law has been enacted in India having similar provisions.

The ‘The Uttarakhand Freedom of Religion Act, 2018’ also has provisions against conversions by fraud or misrepresentation for purposes of marriage. Section 3 of the said act reads:

‘No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet or conspire such conversion;

Provided that, if any person comes back to his ancestral religion, shall not be deemed conversion under this Act’.

So why such a brouhaha against the Uttar Pradesh law when a law with similar provisions was enacted in 2008 in Uttarakhand? Is the opposition aimed at the law or aimed at Chief Minister of Uttar Pradesh, Yogi Adityanath? In fact, enactment of such a law was recommended by the Uttarakhand high court and the Uttar Pradesh Law Commission. Enactment of this legislation paves way for other states like Kerala, which have been advised by respective High Courts to bring similar laws against forced conversions.

Provisions under the law:

The act aims to provide freedom of religion by the prohibition of conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage & for matters connected therewith.
The punishment for such conversions may range from 1-5 years. It could attract a higher penalty if the person being converted is a minor or belongs to SC/ST.
The one who desires to convert and the one who is doing the conversion process must submit forms in the District Collector / District Magistrate’s office who will then enquire about the real intention, cause and purpose of such conversions.
The converted person must submit a declaration and present himself/herself before the District Collector / District Magistrate, in person, to testify claims made in the declaration.
The burden of proof lies on the person who has caused the conversion.
Any person, reconverting to his immediate previous religion, shall not be deemed as a convert under this law.

Q1. Does it deny freedom to women to profess religion of their choice?

Absolutely not. In fact quite the opposite. It makes it unlawful to forcefully convert women after or during their marriage. It gives them the choice to continue with the religion of their choice. There have been numerous instances of forceful conversion post-marriage, concealing identity while luring the girl or by other undue influence. Noteworthy is, the bill doesn’t outlaw conversion as a whole. It outlaws conversion against free will in limited cases. So cases like Hadiya, where she was groomed to accept Islam out of free will, still won’t come under the purview of this law.

Q2. Does it act against free will?

No, it doesn’t. In fact, it provides freedom of religion by prohibiting conversion against free will. Conversions for the sole purpose of marriage have been outlawed by courts in the past. This law only codifies such judgements. You can’t convert to a religion just because it allows you to bypass certain civil laws. For example, you can’t convert to Islam because you want to keep multiple wives. Your family can’t convert to Islam overnight because you want to disinherit your daughters from parental properties.

You can convert only out of your own conviction for the tenets of a religion. Free will can’t be an alibi for committing religious bigotry and a fraud upon the law

Q3. Does it violate Article 25A?

A short reading of article 25, which is a fundamental right, before we commence further.

“Subject to public order, morality and health, all persons are equally entitled to practise, profess and propagate their religion”. Islamists across the board and their handlers in the media are arguing that anti-conversion law prohibits propagation, which is a constitutional guarantee. They seem to be under the impression, “Either your head or your signature will be on the conversion papers” is the propagation of religion. That is where they and their handlers in the media are erring, by overlooking the first part of the article – the condition which sets the term for practising, professing and propagating. “Subject to public order, morality and health”.

‘Propagating’ is a person telling someone about his religion,roots, cultures, traditions and values. This is held by the honourable SC. ‘Convert or face beheading’, as practised by the Islamic invaders, is not propagation. That violates public order and health. Conversion is not a fundamental right under article 25. Laws against conversion do not violate your fundamental rights.

This is not the first time such laws are passed. The Orissa Freedom of Religion Act, 1967 was challenged in court and was duly dismissed. The propagandists know this, hence, instead of challenging the proposed law to be enacted in UP, if they really believe it to be anti- constitutional, they will only make noise in social media platforms.

This law, in no way, restricts interfaith marriages. Numerous courts have given several judgements on religious conversions. Courts have even passed orders asking state governments to frame laws against this growing menace. The proposed law only codifies the principle laid down by our courts.

Presently our country has different civil laws for different religions. Conversion by fraud or coercion will have implications for the concerned individual in matters of marriage, adoptions and inheritance rights.

Secularism can be enshrined in the preamble but in practice, in the absence of a uniform civil code, the state does interfere in civil laws which are religion-specific.

In such circumstances, laws that protect religious rights should be welcome. Such a progressive piece of legislation should be hailed by people from all religions as it protects the most vulnerable section of the society – women. But since the law is being enacted by a state ruled by BJP, malicious propaganda has been unleashed against the same.

By
Sahadev K

Muslim Appeasement Politics by KCR

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Telangana’s Chief Minister Kalvakuntla Chandrashekar Rao (KCR) announced in the state assembly day before yesterday (18 January) that his government will table the long-pending bill to triple reservation for Muslims in education and employment, from the current 4 per cent to 12 per cent, in the upcoming budget session. Additionally, he told the house that he was planning to arm the Wakf Board in the state with judicial powers.

kcrmim

Let’s look at these two issues, how they have panned out so far and why this pandering to Muslims is dangerous, and not just in the constitutional sense.

Tripling Muslim quota

The chief minister has been very keen on increasing quotas for Muslims — it was a key poll promise during the 2014 assembly elections after all, so much so that he wanted to pass the quota bill in a special session of the assembly last year, which was convened in August to ratify the GST constitutional bill. However, his decision met with procedural roadblocks. Telangana didn’t have a Backward Classes (BC) commission back then. Only the commission of inquiry had endorsed the idea. Which wasn’t enough. Only a BC commission can “increase or decrease quotas or make additions or deletions on eligible castes”, as KCR’s BC welfare minister put it at the time.

In October, the commission was set up. Then KCR wanted to introduce the bill in the ongoing winter session, but deferred his decision after Telangana’s Advocate General advised him to do so. The latter didn’t want the bill to be passed in haste only to be struck down by the courts later. He had suggested that “it would be better if BC Commission tours districts to conduct hearings on the Muslim quota and submit a report to the government. Otherwise, it would be viewed as if the panel had drafted the report sitting in Hyderabad, which may face legal issues later.”

On 15 December, the commission initiated public hearings on the matter and received about 52,000 representations, most of which supported the enhancement in Muslim quotas, as indicated by the commission’s Chairman B S Ramulu. By the time the budget session begins next month, the commission in all likelihood would’ve submitted its report. It is ready and endorses the Sudhir Commission recommendations. The commission members are waiting for an appointment with KCR. Congress, Telangana Rashtra Samithi (TRS) and Majlis-e-Ittehadul Muslimeen (MIM) have also given official representation to the commission supporting the increase in the quota.

KCR says he is enhancing reservation for Muslims not on religious grounds but on their socio-economic conditions and educational backwardness. This line of argument is obvious. Quotas based on religious grounds are unconstitutional, and will not stand scrutiny in court.

So will KCR succeed in his enterprise? One can’t be sure given the myriad ways in which jurisprudence in the country works. The legal system is confused. In 2004, Y S Rajasekhara Reddy’s Congress government had enshrined 5 per cent quota for Muslims, taking the total reservation in the state to 51 per cent. This was struck down by the Andhra Pradesh high court citing the 49 per cent constitutional limit for quotas. Cleverly, the Reddy government changed the quantum of quota to 4 per cent. This was also deemed unconstitutional by a seven-member bench of the high court. When the matter reached the Supreme Court, it passed an interim order staying the Muslim quota until a separate constitutional bench decided on the matter. The case is still in progress.

KCR wants to avoid the whole legal tangle. He plans to go to the centre directly and ask the Modi government to put the state’s law into the ninth schedule. Laws in the ninth schedule are protected from judicial review. But the centre is unlikely to play ball. The chief minister has his plan sorted out. He will cite Tamil Nadu’s example. If it can give 69 per cent quota, why can’t we, goes the argument.

“We will tell the Supreme Court that the Centre had allowed the Tamil Nadu government to implement reservation over and above 50 percent quota limit prescribed by SC since 1991 by incorporating the state reservations in the IX Schedule of the Constitution. We will inform the Supreme Court that people in Telangana State are also demanding similar exemption. Since TS is also a state in India like TN, I am 100 percent confident that the hike in the Muslim quota will overcome all constitutional and legal issues as there cannot be different rules for different states. If we succeed, we will get quotas like TN. Otherwise, both the states will lose.” – (Source: Deccan Chronicle )

KCR’s confidence (100 per cent, no less) in the ‘rule of law’ is really charming. If he wants to pin his hopes on the apex court’s wisdom, he needs to get in line. Haryana government also wants to put the Jat quota in the ninth schedule. And more important, the 69 per cent quota in Tamil Nadu is not the final word. The matter is still sub-judice.

Judicial powers to Wakf Board

KCR’s insatiable thirst to appease Muslims doesn’t end with a substantial increase in their quota in jobs and education. He also wants to give judicial powers to the Wakf Board. He is wooing the youth of the community with the former, and Mullahs with the latter. His government will introduce a bill in the next session empowering the board. ‘Wakf land is being illegally grabbed’ is the justification behind the move. While he is right on the encroachment of land (out of 1.3 lakh acres in both Andhra Pradesh and Telangana, the Wakf Board claims that 81,000 acres of land is encroached upon), by giving judicial powers to the board, he is barking up the wrong tree.

He has also promised to give back all vacant Wakf lands that were given to multinational corporations by the previous governments. He said:

“A huge extent of Wakf lands have been encroached upon in the city and districts during the undivided AP government. Several land cases have been lying pending for years. Due to the lack of judicial powers, the Wakf Board is not in a position to initiate action against land grabbers or resume lands. We will soon give judicial powers to Wakf Board.” (Source: Deccan Chronicle ).

Very touching indeed. How can the state give power of adjudication to one participating party in a legal battle? This is akin to giving judicial power to an alleged victim over the alleged accused. This is nothing but a step towards injecting Sharia-like laws in mainstream Indian jurisprudence. KCR’s plans threaten to turn the whole idea of the legal system on its head.

But let’s excuse KCR for his outrageous proposal for a second and talk about the rule of law, equality before the law and equal protection of law. Applying his own logic (If Tamil Nadu can give 69 per cent quota, why can’t we?), shouldn’t he give the same judicial powers to temples? There are 20,000 temples in the state (5,000 of which have prominent properties). These temples have about 86,000 acres of land, but more than half of it — 56,000 acres — has been encroached upon. Certainly, they also qualify to be given judicial powers?

But surely, the courts would stop KCR from pursuing his openly communal and common-sense-free politics? One shouldn’t hold one’s breath. Remember, these same courts have allowed communal laws like the Right to Education (RTE), which only applies to non-minorities (mostly Hindus), and given constitutional backing to bodies like the National Commission for Minority Educational Institutions (NCMEI), which by law cannot have Hindu members. These same courts let the Sonia Gandhi-led United Progressive Alliance government overturn their own judgment in the Inamdar case (2005) by passing the 93rd constitutional amendment which sowed the seeds of sectarianism in the education sector.

But all is not lost. Yesterday (19 January), the Supreme Court ruled that churches do not have power to grant divorce decrees, only civil courts do. This means the Indian Divorce Act, 1989 will override the Christian personal law.

One hopes that the courts will not let KCR run roughshod over the rule of law.

PS: On top of it all, KCR has also increased honorarium for imams and mauzams from Rs 1,000 to Rs 1,500 per month. He has also announced that the state government will bear the cost of all self-financing courses in minority degree colleges.

Nehruvian secularists were outraged when KCR allowed his guru to sit on the chief minister’s chair for a few seconds (which was mere symbolism), but are nowhere to be found when he is openly flouting the basic tenets of secularism. That’s why they have lost credibility. But rest of us must speak up and make it count.

Courtesy : Swarajya

Indian Census 2011 – Alarming Signs

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The Hindu population is now officially below 80% nationally as per the census. If we consider the undeclared Christian population to it, ( those who enjoy Hindu reservation benefits but practise Christianity ), the numbers would be further lower to this.

For those wondering why a reduced Hindu population should be a matter of concern, recall the words of Dr.Annie Beasant

Hindus and India

In 4 states, Muslim population has grown by over 2%. Muslims are near 97% in Lakshadweep, and 68% in J&K. 6 states have over 15% Muslim population.

States like Assam, Bengal which have seen a lot of infiltration of Muslims, but equally concerning is growth in a temple state like Uttarakhand. A recent visit to Nainital confirms that Muslims have virtually taken over large portions of this temple town which houses Naina Devi. Is it due to infiltration via Nepal or is it homegrown numbers ?

Christian population is generally misleading since a lot of Christians do not officially show their numbers to enjoy Hindu reservation benefits. In the states of Andhra Pradesh and Tamilnadu, the Christians would definitely be over 10%.

States like Arunachal Pradesh which had a ban on religious conversions see a free conversion spree. Christians grew by over 12%. Manipur had a Xtian growth of 7%

From the above data, it is clear that Hindus are in a minority in the states of Nagaland, Mizoram, Meghalaya, J&K and in the Union Territory of Lakshadweep. They are less than 65% in the states of Kerala, Goa, Assam, Manipur,

Category	Total	Male	Female	Percentage
India	1210854977	623270258	587584719
Hindus	966257353	498306968	467950385	79.8
Muslims	172245158	88273945	83971213	14.2
Christians	27819588	13751031	14068557	2.3
Sikhs	20833116	10948431	9884685	1.7
Buddhists	8442972	4296010	4146962	0.7
Jains	4451753	2278097	2173656	0.4
Other Religions and Persuations	7937734	3952064	3985670	0.7

The growth rate of population of the different religious communities in the same period was: 16.8% for Hindus; 24.6% for Muslims; 15.5% for Christians; 8.4% for Sikhs; 6.1% for Buddhists and 5.4% for Jains

This is a serious matter. Only 6 decades ago, the country was partition on the basis of religion. the same community is now being allowed a free-hand in growing their numbers. At the same time they enjoy privileges of minority rights, create sense of insecurity in the areas where they have larger numbers. History shows that whenever the Hindu numbers have reduced, those parts become communally very sensitive, lead to ethnic cleansing and ultimately lead to secession. इतिहास बताता है की ” जब हिन्दू घटा देश बटा “

It is generally noted that such issues are not shared much among Hindus for the fear of being branded as “Non-Secular”. Hindus have to realise that unless they treat this an issue of national importance, we would lose all the civilization parameters based which our nation was called Bharat or Hindustan.

A Rejoinder to Julio Ribeiro – Truth must be upheld

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TRUTH MUST BE UPHELD

By Dr Mrs Hilda Raja

March 23, 2015.

Source URL: http://hvk.org/specialarticles/upheld/upheld.html

I read Mr Julio Ribeiro’s ‘I feel I am on a hit list’(Indian Express dated 16th March) I did not react immediately because I wanted to let it sink and see if there was any foundation in what he stated. To me who am 78 the whole accusation of his seems to have no foundation. As with Julio Ribeiro, my ancestry also can be traced to Hinduism. While he agrees on this the question arises why we are Christians today. How did it happen? What kind of inducement-allurement and what strategy of proselytization were used those days for my ancestors to become Christians?

Unlike Julio Ribeiro I do not feel threatened – neither do I fear that I am on a hit list and I feel very much an Indian no matter who says what. The point to note is that the Catholic Church to which Julio Ribeiro and I belong has a parampara (tradition) of a persecution mania. This is because we have inherited and are born through persecution. Not by the Hindus but by the Dutch, the Portuguese, the French and the English. This is precisely why though Julio Ribeiro acquiescence that his DNA if tested, it will not differ markedly from Mohan Bhagwat’s. The same can be said of our Hindu ancestors. Then what happened down the line.

We must agree that there was persecution, forced conversion by the conquerors. It was a question of torture and death to which the Hindu ancestors were subjected to. This is not fairy tales but recorded history when thousands of temples were destroyed, houses were ransacked and people were brutalized. Those who indulged in this human rights violations were treated as Saints by the Vatican and raised to Sainthood. But now we raise a hue and cry against ‘ghar Vapsi’. What was good for one is not good for another. It is not though these were in the hoary past. Even today most of the NGOs do indulge in this proselytization. I wish the government of India ban all foreign funds. If China could develop without such NGOs and the foreign funds why should India not?

I must bring the Vatican’s mind set in this context because it is relevant. When it comes to conversion it will go the extra mile. Look at what it indulged in during the regime of PiusXII. He did not hesitate to join hands with Hitler who attacked Yugoslavia. Hitler partitioned the country into the Catholic Croatia and the Orthodox Serbia.

Then followed a massive ethnic cleansing. The aryanisation process which separated the Jews, Serbs as undesirables. These were deported to concentration camps. Children were not spared. The ethnic cleansing was done by the open support of the clergy, priests and nuns supervised and Vatican followed the ‘omerta’ and looked the other way. Special death camps were set up for children.

Several commandants and officers at these death camps were Catholic priests. Francisan monks supervised the mass execution. This ethnic cleansing thus had the blessings of Vatican. There were monetary gains for the Vatican from the Holocaust in Croatia. In the certificate of conversion which was sold for a few hundred of dinars, the Vatican netted millions. Vatican was well informed and yet the Pope maintained silence. In fact not a single member of the clergy was held accountable, though the commandants of the death camps were priests. After the war, Archbishop Stepinak was arrested for war crimes by the Yugoslav government. Puis XII excommunicated everyone who had taken part in the trial. Later the Archbishop was presented as the champion of religious freedom! It is interesting that in 1998 Pope John II traveled to the Republic of Croatia to announce the beatification of Archbishop Stepinak.

It must be noted that the Vatican abetted and colluded with Mussolini and Hiltler in all their brutality. It stood to gain both in terms of power and money. Yet we often hear the word ‘Fascist’ being thrown against the BJP and the saffron brigade. This is part of the Christian parampara of the Catholic Church to which Julio Ribeiro and I belong to. Yet we are scandalized by the ‘ghar Vapsi. What about the Inquisitions held in India – in Goa. With so much of baggage how can we point a finger to others – to the saffron groups and then pretend that we are being victimized and discriminated? All rapes are abominable and need to be condemned in the strongest terms. But why only the rape of the nun – be it in Orissa and now in W. Bengal be internationalized? Why and how can the Vatican interfere and want to send a delegation?

In a population of nearly one and a quarter billion- human rights violations and inhuman acts are bound to happen. These need to be severely put down not politicized. It is the NGOs which create a kind of phobia. Foreign funds flow and towards this they organize dharnas and rallies. Any violation and discrimination is being attributed to the Modi’s government. But then these things had not suddenly surfaced. There is a long gestation period of discrimination-of injecting a fear psychosis. The politicians have communalized the communities.

India is known for its secularism – it is not because the Constitution made it secular. Even before the Constitution the Hindus welcomed all religions. Butchery and compulsion and forced conversion were introduced and followed by the Dutch, the Portuguese, the French and the English. Earlier the basic tenet followed by the inhabitants of this great country was Sanatana Dharma. Even today that is the guide and the dictum.

I am 78 and thought it is time to speak out. The ordinary people like me are happy and content – feel no persecution or discrimination and are not on the hit list. Even if we are, truth cannot be hidden. In fact it was the Church which had crucified TRUTH and continues to do so. Perhaps there may be aberrations to this. It must not be forgotten that Julio Ribeiro was hounded by a minority community for the alleged human rights violations in Punjab. It was not the Hindus who were behind it.

So may be JR has some deep seated fear within him. But then to generalize this personal fear into the whole fabric of the Indian populace is too far fetched

I want to appeal to the government of Modi to ban the foreign funds flow into this country. We should be able to manage with what we have. Why take a begging bowl to other countries and disrupt the peace within. If other countries can manage so can we.

I would like to mention about the good works done and which are being done by nuns. But then they have enormous assets. When the foreign invaders left this country they turned over all their land and houses to the churches. As if these are their grandfathers’ possessions. By all legal rights these should have been turned over to the government of India. So the Churches had at their disposal land and finances to start with. There is no accountability.

Look at the Minority education Institutions which run on their own rules and regulations. Why did the Constitution founders submit to such a request and enshrine it in the Constitution? Is that not discrimination? I have studied from LKG to PG in Minority Institutions. Later I was a faculty in one of the elite colleges in Chennai. I know how they function. The least said about them the better.

Yes good work they do there is no denying but it has a price. Money flows into Vatican. There is wealth beyond measure in these Church allied institutions and in churches. So when mammon triumphs where is TRUTH. The same lenses must be used to scrutinize Mother Theresa’s work in India.

Dr Mrs Hilda Raja

VADODARA-

Arise Bharat

Rousing National Consciousness