Karnataka: Congress' Repeal of Anti-Conversion Law a Win for Church and Citizens

Image used for representation only. Members of the Christian community participate in a silent protest against the Anti-Conversion bill proposed in the Winter Session of Karnataka Legislative Assembly, in Bengaluru. 

(Photo: PTI)

No one in Karnataka expects crowds of impoverished men, women, Dalits, and tribals to besiege the St Francis Xavier Cathedral in Cleveland Town, Bengaluru, demanding their bag of rice, a wad of new notes, and a quick baptism to convert them to Christianity, now that the government has promised to repeal the anti-conversion law enacted with great fanfare by the last (Bommai) government.

Nor indeed do I see droves of young Christian, Hindu, Sikh, and Buddhist brides rushing hand in hand with their Muslim beaus to the nearest court to be wedded in eternal matrimony under the Special Marriages Act, a natural culmination of love but which had been criminalised by the same law.

Myths Created in the Laboratories of Hate

Love Jihad and Conversion for dollars are myths created in the laboratories of hate. When they enter the realm of the law or are just a rumour, they can lead to untold suffering. Dozens of Muslim men have been beaten, often by the police who too join the lynch mobs, and put in jail. In Uttar Pradesh alone, more than a hundred Pastors are in jail this year on charges of fraudulent conversions.

Not one has been convicted, and many are incarcerated for six months or so with even bail applications being thrown out by the magistracy. The conviction rate nationally is near zero as expected.

For many in the church, civil society, or just for those wanting to legalise a live-in marital status, it was with great joy that they read the announcement that the law, which civil society and the church under the redoubtable leadership of Bangalore Archbishop Peter Machado had fought tooth and nail for more than a year, was being repealed.

But the news was not without a slight palpitation of the heart. The English newspapers perhaps did not carry the import of Law minister H K Patil’s words and reported that only the tweaks in the BJP’s laws were to be repealed.

The Siddaramaiah government cleared all doubts at the second cabinet meeting, announcing repealing the Protection of Right to Freedom of Religion Act, 2022 — popularly known as the anti-conversion law. The cleansing of the rule books would continue with reversing the changes made to Kannada and Social Studies school textbooks by the Bommai government, including lessons on the founders of the Hindutva ideology.

The anti-conversion Bill in Karnataka is like laws passed in several States when they were or are being ruled by the BJP such as Gujarat (2021), Madhya Pradesh (2021), Uttar Pradesh (2021), Himachal Pradesh (2019), Uttarakhand (2018), Jharkhand (2017), Rajasthan (2006) and Chhattisgarh (2006). Arunachal has the law but has not enforced it. Many northern states do not have the law yet, but police and politicians behave as if this is a national law.

The law is sweeping in its ambit. In inter-faith marriages, anyone, parents, siblings, or any other person, who is related to the girl by blood, marriage or adoption could complain to the police. And the punishment is harsh.

If convicted, the person could be jailed for three to five years along with a fine of Rs 25,000, while in cases of wrongful conversions of minors, women, or persons from the Scheduled Castes and the Scheduled Tribes the jail term can go up to 10 years and a fine of Rs 50,000. The fine goes up to Rs1 lakh if there is wrongful ‘mass conversion’, which is defined as the conversion of two or more persons.

Will Be Hard for Siddaramaiah to Eliminate Communalism

For the record, Karnataka is not the first government to repeal this very contentious law that flies in the face of the preamble of the Constitution and the charter of the United Nations, by bringing selective interference by the state in freedom of faith and belief. And like Article 341 Part 3 of the Constitution or the Presidential Order of 1950, it favours one religion, Hinduism, over another, Christianity, and Islam. Conversions to Hinduism, called Ghar Wapsi, are not within the purview of the law, and in some states are encouraged by removing all impediments in the path.

The late lamented Selvi Dr Jayaram Jayalalitha in a dramatic announcement on 18 May 2004, said “I have ordered that the Tamil Nadu Prohibition of Forcible Conversion of Religion Act 2002 be repealed at once.” The law was enacted on 5 October 2002. The former actress had also put up gigantic hoardings of herself in Chennai and elsewhere in the iconic image associated with Mother Mary carrying Baby Jesus in her arms. The Christian community was scandalised by this blasphemy and sacrilege put together. It may have contributed in a small way, but Ms Jayalalitha lost summarily in the assembly elections.

The situation in Karnataka is a little different. In Tamil Nadu, the chief minister who brought in the was in power again when she withdrew the law. There was no opposition even from the fringes that had gloated over the law.

In Karnataka, it was the BJP that brought in the law in line with its nationwide campaign for such laws in every state which do not have such legislation. A dozen do, including at least two where the Congress is in power. Himachal and Chhattisgarh have such laws on the books but don’t seem likely to rock the boat by repealing them.

It is not easy for the Congress, which at the national level still sees merit in not upsetting the right-wing Hindus in and out of the party. Mr Rahul Gandhi and Mrs Priyanka Gandhi Vadra are still seen performing Aarti on the banks of Mother Narmada and paying obeisance at other shrines.

And therefore, it will be all tougher for Chief Minister Siddaramaiah to sweep the state clean of the Sangh’s communal stink. He has the majority in the Assembly to carry through with his plans, braving the challenge of an infuriated BJP. The infuriated Sangh cadres will take the issue to the streets, not just in the state capital but in regions where they are locked in mortal combat with the Popular Front of India. The chief minister will have to use his political experience to finesse Sangh’s moves.

More difficult is the process of purging the police and the school system of the large dose of communalism that has been injected in the BJP rule. The environment in government schools and junior colleges, as we saw during the agitation for, and against, the hijab remains polarised. It takes ears for the poison to be leached out after even a short period of ideological infiltration. This is the experience worldwide.

As a corollary, the states with the anti-conversion law in full vigour, may ratchet up the police action as the country inches ahead to the next phase of assembly polls, and then the 2024 General election.

The Role of the Church and Civil Society 

The church at least seems to have found a genuine people’s leader in the person of the diminutive and mild-looking Peter Machado, the Archbishop of the Bangalore Archdiocese. He seems to be cast in the mould of the late Archbishop Ala De Lastic of Delhi, who is also the Chairman of the Catholic Bishops Conference of India.

At the turn of the century, Archbishop Alan stood toe to toe and stared down the redoubtable Prime Minister, Mr Atal Behari Vajpayee on such things as the Uniform Civil Code and the violence against Christians. The violence had peaked with the Christmas eve even burning of three dozen tribal churches in The Dangs in Gujarat, and the burning alive in Orissa of Australian Graham Stuart Staines and his young son Timothy and Philips by a mob led by Dara Singh of the Bajrang Dal.

Archbishop Peter speaks loud and clear at a time when the CBCI seems muted in comparison, and a powerful and rich group is seen playing footsie with Mr Modi and the Sangh in the state of Kerala. Mercifully, as far as the Christian community is concerned, Kerala is not India. The bad, as also the good, were born there stay there.

In his press statement welcoming the repeal of the anti-conversion law, Archbishop said, “On behalf of the Christian Community, I express my profound gratitude and satisfaction towards the Government of Karnataka .. for this commendable step, taken in response to concerns raised by various stakeholders and in recognition of the importance of upholding fundamental rights”.

The repeal of this controversial bill, he said, serves as a validation of the consistent stand taken by the Church and the Community. It reaffirms the belief that the legislation was not only detrimental to the individual’s freedom of religion but also stood in direct contradiction to the provisions enshrined in Article 25 of the Indian Constitution. This article guarantees the freedom to practice, profess, and propagate any religion, a fundamental right essential for a diverse and pluralistic society.”

While Congress in its election campaign promised a repeal of this notorious law, the grassroots opposition to it before and after its enactment was by the civil society. In Bangalore and nearby regions, Archbishop Peter had the support of a group of more than 60 civil society groups. The late filmmaker KP Sasi coordinated a signature campaign with over 50,000 signatures from across the country in support of the movement.

In the process, he has put himself in the crosswires of the ruling dispensation at the Centre. The Christian community will look towards Archbishop Peter for leadership in resolving issues such as the sudden acceleration of the process of a Uniform Civil Code. He may see himself being urged to speak and challenge the government on issues outside the state.

The man of God will need all the prayers he can muster.

(John Dayal is a writer and activist. He is a former President of the 102-year-old All India Catholic Union. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)