Dear Friends,
Support Religious Freedom in India
We need your help to prevent the loss of religious freedom in Gujarat. Please support religious freedom in India and fax a letter of concern today.
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission
Dear partners and friends of the All India Christian Council.
This is another urgent and important communication from us that requires your urgent action and lobbying and prayer.
1. Right behind the attempt to take the census of Christians in Gujarat, the Government of Gujarat has now tabled the anti-conversion bill. We enclose a copy of the bill that is being introduced in the Gujarat assembly, and will be passed by the end of next week since the BJP government has a brute majority and will not listen to the voice of freedom, democracy and even the Indian constitution. Please note that the Gujarat bill which is again mischievously called the Freedom of Religion bill goes further than the one introduced in Tamilnadu, in that now it requires a person to take the permission of a district magistrate before he changes his faith. All this is ostensibly done to prevent the use of force and fraudulent means of conversion.
2. It is clear that it is the State and the BJP which is using brute state force to prevent the Tribals, Dalits and others who want to choose other faiths and liberate themselves from inhuman discrimination. The mass exodus of the Dalits in the last couple of years to other faiths is the main reason for these draconian laws. Above all this law is anti-Dalit and continue their brutal oppression. The Dalits have been one of the most dehumanised people in the world numbering over 250 million people.
3. The All India Christian Council is launching a major appeal in the High Court of Gujarat against this draconian bill. We encourage all those who receive this communique to act now and contact those whom you know to register their objection to this violation of the fundamental rights of the Indian citizen guaranteed by the Indian Constitution.
Write to the Prime Minister of India and also to the President of India.
Each letter counts!
Sincerely,
Dr. Joseph D’Souza
President
The President of India:
His Excellency, The President of India
Fax: 91 11 301 7290
The Prime Minister of India:
Mr Atal Bihari Vajpayee, Honorable Prime Minister of India
Fax: 91 11 301 6857
INDIA COMMUNIQUE is sent out by the ALL INDIA CHRISTIAN COUNCIL and is edited by its Chairman and C.E.O. Joseph D’Souza. ALL INDIA CHRISTIAN COUNCIL is an association of churches, mission groups, institutions and Christian leaders. The aicc acts on major national concerns, issues and needs that impact its members and the church.
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STATEMENT OF OBJECTS AND REASONS
Reports have been received by the government that conversions from one religion to another are made by use of force or allurement or by fraudulent means. Bringing in a legislation to prohibit such conversions will act as a deterrent against the anti-social and vested interest groups exploiting the innocent people belong to depressed classes and will enable people to practice their own religion freely. It will also be useful to maintain public order and to nip in the bud the attempts by certain subversive forces to create social tension. The Government have, therefore, decided to enact a law to prevent conversion by use of force or allurement or by fraudulent means.
This Bill seeks to achieve the aforesaid object.
AMIT SHAH
MEMORANDUM REGARDING DELEGATED LEGISLATION
This Bill involves delegation of legislative powers in the following respects:-
Clause 1 –
Sub.Clause (2) of this clause empowers the State Government to appoint, by notification in the Official Gazette, the date on which the Act shall come into force.
Clause 5 –
(i) Sub-clause (1) of this clause empowers the State Government to prescribe by rules the form in which prior permission under this sub-clause is required to be taken.
(ii) Sub-clause (2) of this clause empowers the State Government to prescribe by rules the form and the time limit within which the person converted is required to give intimation under this sub-clause.
Clause 8 –
Sub-clause (1) of this clause empowers the State Government to make rules for the purpose of carrying out the provisions of the Act.
The delegation of legislative powers as aforesaid is necessary and is of a normal character.
Dated the2003AMIT SHAH
1. Short Title and Commencement:
(1) This Act may be called the Gujarat Freedom of Religions Act, 2003
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:
In this Act, unless the context otherwise requires,
a. “allurement” means offer of any temptation in the form of
i. any gift or gratification, either in cash or kind;
ii. grant of any material benefit, either monetary or otherwise.
b. “convert” means to make one person to renounce one religion and adopt another religion;
c. “force” includes a show of force or threat of injury of any kind including threat of divine displeasure or social ex-communication;
d. “fraudulent means” includes misrepresentation or any other fraudulent contrivance;
e. “minor” means a person under eighteen years of age.
3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by any fraudulent means nor shall any person abet such conversion.
4. Punishment for contravention of provisions of section 3.
Who ever contravenes the provision of section 3 shall, without prejudice to any civil liability, be punished with imprisonment for a term, which may extend to three years and also be liable to fine, which may extend to rupees fifty thousand:
Provided that whoever contravenes the provisions of section 3 in respect of a minor, a women or a person belonging to Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which may extend to four years and also be liable to fine which may extend to one lakh rupees.
5. Prior permission to be taken from District Magistrat with Respect to Conversion
(1) Whoever converts any person from one religion to another either by performing any ceremony by himself for such conversion as religious priest or takes part directly or indirectly in such ceremony shall take prior permission for such proposed conversion from the District Magistrate concerned in such form as may be prescribed by rules.
(3) Whoever fails, without sufficient cause to comply with the provisions of sub-sections (1) and (2) shall be punished with imprisonment for a term, which may extend to one year or with fine which may extend to one thousand rupees or both.
6. Prosecution to be made with the sanction of District Magistrate
No prosecution for an offence under this Act shall be Instituted except by or with the previous sanction of District Magistrate or such other authority not to below the rank of Sub-Divisional Magistrate as may be authorized by him in that behalf.
7. Offence to be cognizable
An offence under this Act will be cognizable and shall not be investigated by an officer below the rank of a police inspector.
8. Power to make rules
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) All rules made under this section shall be laid for not less that thirty days before the State Legislature as soon as may be after they are made, and shall be subject Legislature may make during the session in which they are so laid or the session immediately following.
(3) Any rescission or modification so made by the State Legislature Shall be published in the Official Gazette and shall thereupon take effect.
