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This is an archive article published on February 9, 1999

HC notice over census

AHMEDABAD, Feb 8: Taking suo motu notice of a news report headlined Gujarat Orders Census on Christians'' in The Asian Age on February ...

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AHMEDABAD, Feb 8: Taking suo motu notice of a news report headlined 8220;Gujarat Orders Census on Christians8221; in The Asian Age on February 6, Gujarat High Court on Monday issued notices to the State Government, Secretary Home, Director General of Police DGP, and the newspaper.

The High Court directed the parties to produce the circular and answer questions on February 11.

The newspaper report had said that the State government had issued a circular Document 2, Hindu/Christian/93/99 on this February 6 to all police commissioners and district superintendent of police DSPs, asking them to collect details on the Christian community by February 15.

The report said that the police had also been asked to gather details about the missionaries and their foreign sponsors and compile dossiers on 8220;criminally-bent Christians8221; and the 8220;tricks8221; employed by missionaries to convert people.

8220;The newspaper claims to have the proof that such circular had been issued, though the government denies that any such census has been commissioned. It has been reported that 13 queries raised in the circular include a query regarding the type of criminal activities and the number of Christians in the district involved in it as also the type of vehicles possessed by Christian missionaries and the number and type of arms and licences issued to Christians along with its date of issue,8221; Justice M R Calla observed in his order.

If at all such a circular had been issued, this court would like to consider the constitutional validity, legality and correctness of the same because the issue involved is important with legal consequences and public importance, the court observed.

The court demanded to know 1 whether such a circular had been issued, 2 whether its contents are in conformity with the object of securing liberty of thought, expression, belief, faith, and worship as stated in the Preamble to the Constitution, 3 whether the contents of the circular withstand the test of right of equality as enshrined in Article 14 of the Constitution, 4 whether the circular militates against Article 15 1 of the Constitution, 5 whether the circular interferes with the protection of interest of Minorities as provided in Article 29 1 of the Constitution, 6 whether census of a particular section/class/community/social milieu/group/tribe instead of a defined area is permissible under the Census Act, 7 why only Christians have been subjected to census, and 8 what impact it will have on communal harmony.

 

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