Choosing My Religion: ‘Freedom of Religion Laws’ to Curb Liberty

Ram Puniyani
December 27, 2020

Indian Constitution gives us the right to practice, preach and propagate our religion. To not to follow any religion is also a matter of right for the individual. Now in our country as we are facing declining GDP, worsening economic situation, rising prices-unemployment-farmers suicides and currently farmer’s agitation, some of our state Governments are more worried about the interfaith marriages and conversions. Some of them are busy putting forth the laws to prevent conversions. As such conversions have been nagging issue since last few decades but currently they are being attributed as the goal behind inter faith marriages. BJP ruled states and particularly UP, are busy formulating the laws to punish those who are involved in the process of conversions. Parallel to the efforts of state Governments, the vigilante groups are having a gala time harassing couples to ‘save their religion’!

Conversion, mainly away from Hinduism, is yet again coming to fore. The UP Government is planning an ordinance against organizations which are involved in conversion process. As per this organizations will lose their registration and face dire consequences. The ordinance demands a two-month notice to be given to the local administration. The local administration will have the power to decide whether your intended act is legal or not. And of course the burden of proof will be on the converts and the persons converting them. There is a special; mention of SC/ST and women. Many states are now vying to bring in anti ‘Love jihad’ and anti-conversion laws. There are many individual cases where couples and their relatives are being tormented by groups in the name of conversion and love jihad. Many of the laws being framed by the states are mostly against many provisions of Indian constitution.

During freedom movement, Arya Samaj had started Shuddhi movement to bring back those who had embraced other religions. Similarly Tablighi Jamat was active with the parallel campaign of Tanzim to convert people into Islam. The biggest conversion of twentieth Century was of course the one undertaken by Bhimrao Ambedkar. This conversion as such tells us the real cause of the conversions into other religions. Ambedkar, a dalit, got the highest of degrees and on return he had to face the ignominy of being and untouchable. In his struggles for social justice and for dignified life his, his major conclusions were that Hindus cannot be a nation due to the caste hierarchy. Hinduism is dominated by Brahmanical values. This is what made him declare that ‘I was born a Hindu that was not in my hands but I will not die a Hindu’.

His exploration led him to Buddhism, which formed that basis of his decision to embrace Buddhism along with over three lakh followers. Law Professor Sameena Dalwai, in her article draws our attention to the fact that had the present type of laws would have been there, Ambedkar might be behind the bars by now. The architect of Indian Constitution was for Liberty. Liberty does include right to our choice to follow any faith of our liking, or to be an agnostic or atheist as well.

While many people have not been exercising their right to choose their religion, many have done so in the past. That’s how Islam, Christianity, Sikhism and Buddhism spread in India. Buddhism did face a painful trajectory as it was attacked by elite intolerant traditions within Hinduism, which are totally against the concept of equality as propounded by Buddhism. Birth based inequality is peculiar feature of some sects prevailing here, with the sanction of Holy Scriptures. As a practice it is also part of other religions to some extent.

While today so many obstacles are being erected for the odd one opting to change one’s religion, history has seen streams of conversions, minor and major, to Islam and Christianity. Indian history has seen conversions mainly due to two factors. One is the tyranny of caste oppression. Swami Vivekananda tells us, “and The Mohammedan conquest of India came as a salvation of the downtrodden, to the poor. That is why one fifth of our people have become Mohammedans. It was not the sword that did it all. It would be the height of madness to think that it was all the work of sword and fire. It was to gain their liberty from the… zaminders and from the Priest, and as a consequence you find in Bengal there are more Mohammedans than Hindus amongst cultivators, because there were so many zaminders there.” (Selected Works of Swami Vivekanand, Vol.3, 12th edition, 1979.p.294.Extracted from the sayings of Swami Vivekananda compiled in `Proletariat! Win Equal Rights’ Advaita Ashram, Calcutta, 1984 p.16.).  

Many a conversions did take place also due to the social interaction and spiritual quest also. Some victor Kings also put humiliating condition of acceptance of their religion by the defeated kings. In India it was mainly the interaction with Sufi saints that many took to Islam. One interesting example is that of Dileep Kumar becoming A. R. Rahman, under the influence of a Sufi saint.

The second phenomenon is that of Christian missionaries. They have been working on issues of health and education in remote areas also. A couple of decades ago Pastor Stains was done to death on pretext of conversion (1999) and in 2008 anti Christian violence has been orchestrated in places like Kandhamal in particular. The extent of this conversion is not very huge if we see that despite centuries of work, the Christian population in India as per the census of 2011 is 2.3%. (First Church was set up by St. Thomas in AD 52).

Political phenomena of ‘reconversion to Hinduism’ are not far behind as witnessed in Agra, where the pavement dwellers were promised the BPL card and ration card. They were lured to come to a puja and declared that now they are Hindus. Ghar Wapsi by giving bath in hot springs in Adivasi areas is very much there. This is a political move to bring these sections into the fold of caste hierarchy, yet again.

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News Network
April 26,2024

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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

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News Network
April 29,2024

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In yet another setback to the Congress party amid the ongoing Lok Sabha elections, its candidate from Indore Akshay Kanti Bam withdrew his nomination on Monday, April 29, days before voting.

Interestingly, he had reached the Collector's office with BJP MLA Ramesh Mendola to withdraw his nomination. He also reportedly joined BJP. 

Senior BJP leader and state cabinet minister Kailash Vijayvargiya in a post on X said Bam was welcome to join the BJP.

"Congress Lok Sabha candidate from Indore Akshay Kanti Bam is welcome in the BJP under the leadership of Prime Minister Narendra Modi, party national president J P Nadda, Chief Minister Mohan Yadav and state president VD Sharma," he said in the post.

The Congress had fielded Bam against sitting BJP MP Shankar Lalwani from the Indore Lok Sabha seat, where polling will be held on May 13.

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News Network
May 3,2024

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Mangaluru: The passenger vessel service between Lakshadweep and Mangaluru has recommenced operations with the arrival of Parali, a high-speed craft, at the Old Mangaluru Port on Thursday, May 2 

With 160 passengers on board, along with a pilot, a ship engineer, an assistant, and eight labourers, the arrival of the vessel brings hopes of reinstating this vital transportation link.

The passengers were welcomed by Congress brass. The vessels that used to arrive before the Covid-19 pandemic took 13 hours to reach Mangaluru from Lakshadweep. However, the introduction of the high-speed craft, Parali, has reduced the travel time to approximately seven hours, said Abubakar Ashraf Bengre.

Bengre is part of a team that has been instrumental in liaising with the authorities of both Lakshadweep and Karnataka to facilitate the revival of this service. He told reporters that the service would bring better economic activity to Mangaluru. 

Over recent months, discussions have been held with Hamdullah Sayeed, president, Lakshadweep Congress Committee, as well as Karnataka Speaker UT Khader and district minister Dinesh Gundu Rao, to garner support for the reintroduction of the service.

The passengers who arrived mostly sought medical treatment, went shopping or met relatives here. They said that they traveled for Rs 450. Former MLA J R Lobo said that they will urge the government to ensure regular vessel services continue.

The passenger service was discontinued due to a lack of demand, it is learnt. In the year 2018-19, 4,955 passengers embarked and 7,422 disembarked from the Old Mangaluru Port. Subsequently, the figures declined to 3,779 (embarked) and 2,294 (disembarked) in 2019-20. The numbers further plummeted to 561 (embarked) and 19 (disembarked) in 2020-21, leading to the suspension of the service.

At present, the administration of the Union Territory of Lakshadweep has released a schedule for high-speed craft movement from April 29 to May 5.

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