NCM asks 3 states to amend conversion laws

The three states had enacted laws to prohibit conversion from one religion to another by the use of force or allurement or by fraudulent means. But unfortunately, from the scope of these, it looked the provisions extended only to conversion to Christian and Muslim religions, he said here yesterday.

It was also not clear if these laws covered reconversion, he said adding some of the clauses of these three state laws even affected an individual’s freedom of conscience.

The study concluded that the scope and application of the right to religious freedom (as enshrined in Article 25 of the Constitution) were applicable to every community inhabiting the state professing any religion which meant also the right to propagate one’s religion, Massey pointed out.

It was perfectly open to the Hindus and the Arya Samajists to carry on their shuddhi’ propaganda as it was open to the Christians, Muslims, Jains and Buddhists and to every other religion so long as it did not affect public order, morality and other conditions required to be observed in any civilized society, he said.

Massey said the committee on socio-economic and educational problems of religious minorities, constituted in May 1997, studied the right of the minorities to establish and administer educational institutions (under Article 30 of the Constitution), right of minorities to religious freedom (Article 25) and socio-economic rights of the minorities.

The study in respect of the first two had been completed while the third report was expected to be submitted by September next, he said.

Elaborating on its recommendations, Massey said the committee had strongly recommended to the Centre to immediately amend the Constitution (Scheduled Caste) order, 1950 in order to remove the third paragraph of the order which not only contradicted the spirit of Articles 15 and 25 of the Constitution but offered legal inducement for sticking to (or reconverting from) the old religion.

It recommended that the power of the NCM should be further strengthened particularly by providing it the implementing mechanism which, at present, it did not have.

The committee recommended to all state governments to set up, if currently it was not there, a state commission for minorities in order to monitor and safeguard the rights of the minorities including religious freedom.

Besides, it said that the Central and State Governments should make instruction on fundamental rights including its history, scope and application compulsory as part of the educational course both at the school and college level.

As regards the right of minorities to establish and administer educational institutions, the committee recommended that a Central law should be enacted at the national level to provide definite direction to all the states and Union territories to have a common approach to implement Article 30, which empowered the minorities with a basic fundamental right.

It suggested that all states and UTs should enact special rules on the lines of the Tamil Nadu minority schools (recognition and payment of grant) rules, 1977. At present, almost all the states except Tamil Nadu were following general rules for the minority institutions which were contradictory to the provisions of Article 30.

Massey said it was found that very few state governments were even aware of the existence of Article 30 and no state except Tamil Nadu had taken steps to implement its provisions.

The study also exploded a few myths about the minorities, particularly Christians. The general impression that the percentage of literacy among Christians was very high was not correct as it was found that the community in north India had a very low literacy percentage.

For example, in Punjab 15 to 20 per cent Christians were literate while the state percentage was 57, Massey said.