Tread carefully on anti-conversion law

Monday Musing

[ Bengia Ajum ]

On 30 September, the two judges of the Gauhati High Court (Itanagar bench) ordered the state government to finalise the draft rules of the Arunachal Pradesh Freedom of Religion Act, 1978, within six months. This order came while closing a public interest litigation (PIL) filed by advocate Tambo Tamin, who claimed that the state authorities had failed to frame the required rules mandated under Section 8 of the Act, despite the 45 years that had passed since its enactment. The court’s order received a muted response, and there was little discussion among the people of the state on this issue.

However, this is a historic order that has the potential to create significant ramifications in the future. The Arunachal Pradesh Freedom of Religion Act, 1978, was passed by the state assembly and received presidential assent on October 25, 1978. The Act seeks to prohibit conversion from one religious faith to another through force, inducement, or fraudulent means.

The Act was reportedly enacted in response to the perceived threat to the indigenous religions in the state. In the 1970s, Christian missionaries began conversion activities in Arunachal, prompting the Janata Party, led by then Chief Minister PK Thungon, to pass this Act in an attempt to deter religious conversions. However, it was never effectively implemented, as successive governments chose to avoid the issue.

Advocate Tambo Tamin, former general secretary of the Indigenous Faith & Cultural Society of Arunachal Pradesh (IFCSAP), expressed his expectation that the state government will adhere to the court order. “This is not against any religion. People should not view this Act as targeting any particular faith; it will benefit all religions,” he said.

Meanwhile, Tarh Miri, president of the Arunachal Christian Forum, informed that he would meet with his executive members and respond thereafter.

This court order arrives at a time when Arunachal is experiencing intense discussions over religious issues. It will be interesting to see how the state government proceeds in the coming days. In June 2018, Chief Minister Pema Khandu, while attending a programme organised by Catholic believers, indicated that his government might consider scrapping the Arunachal Pradesh Freedom of Religion Act, 1978. This announcement was welcomed by Christian groups but criticised by other religious organisations. Many believe that the Act primarily targets Christian missionaries and their alleged conversion activities in the state. However, implementing it will not be straightforward. According to the 2011 census, Christians made up 30 percent of the state’s population, a figure that has likely increased since then. The current BJP government includes several Christian MLAs and a minister. Convincing Christians that this Act is not directed against them will be a challenge for the government. There are already significant concerns regarding the BJP government’s approach to religious issues. Whatever decision the government makes in response to the court order, it will need to address the concerns of all sections of society. This is an emotive issue, and any mishandling could have catastrophic consequences for the tribal communities in the state.