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
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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News Network
November 18,2024

Advisors to US President-elect Donald Trump have instructed his allies and associates to refrain from using the inflammatory language they previously employed when discussing issues related to migrants and the deportation of asylum seekers, in a bid to avoid “looking like Nazis.”

US media reports said that Trump’s associates had been asked to stop using the word “camps” to describe potential facilities that would be used to accommodate migrants rounded up in deportation operations across the country.

The reports said the US president-elect’s allies had been ordered to stave off such charged terms as they would bring to mind “Nazis,” and be used against Trump.

“I have received some guidance to avoid terms, like ‘camps,’ that can be twisted and used against the president, yes,” one Trump ally told American monthly magazine Rolling Stone.

“Apparently, some people think it makes us look like Nazis.”

The presidential advisers also cautioned surrogates and allies to keep racist terms, which have dogged Trump’s campaign, out of their remarks.

They said with Trump’s heated rhetoric that used to compare undocumented immigrants to “animals” and his slight that they are “poisoning the blood of our country,” detractors did not need to reach too far to find parallels to Nazi Germany.

Stephen Miller, who Trump tapped to be his deputy chief of staff of policy, specifically used the word “camps” to describe holding facilities that he hoped the military could put together for immigrants.

Tom Homan, who served as the acting director of Immigration and Customs Enforcement and is chosen by Trump to be in charge of the US borders, was no stranger to such language.

“It’s not gonna be a mass sweep of neighborhoods,” he said in an interview earlier this week. “It’s not gonna be building concentration camps. I’ve read it all. It’s ridiculous.”

Becoming a little more forthright about the new government’s aggressive deportation plans, Homan likened the early days of the Trump administration to the initial invasion of Iraq in 2003.

“I got three words for them – shock and awe,” he said. “You’re going to see us take this country back.”

Trump made immigration a central element of his 2024 presidential campaign but unlike his first run, which was mainly focused on building a border wall, he has shifted his attention to interior enforcement and the removal of undocumented immigrants already in the United States.

People close to the US president and his aides are laying the groundwork for expanding detention facilities to fulfill his mass deportation campaign promise.

The businessman-turned-politician deported more than 1.5 million people during his first term.

The figure do not include the millions of people turned away at the border under a Covid-era policy enacted by Trump and used during most of Biden’s term.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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