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The
Pope’s protest about conversion laws in India is weird. Vatican does not take
the permission of New Delhi to make laws. Indian legislatures are sovereign and are elected by the
people, unlike the Pope who is elected by a college of cardinals. They, (Indian
legislatures) not only do not need his permission but are duty-bound to protest
remarks made by the Pope to the Indian envoy in Vatican. A Reuters report mentions Pope Benedict XVI as condemning
“Hindu fundamentalist attempts to ban religious conversions in India.” No
organization however powerful can do that except the State. If as the Pope says
anti-conversion laws are "unconstitutional and contrary to the highest
ideals of India's founding fathers," the Supreme Court of India is there to
quash them suo motu.
The response of the External Affairs Ministry to
this effrontery is weirder than the Pope’s barbs. Like a schoolboy, a South
Block spokesman referred to “the Indian Constitution, which stated that all
persons were equally entitled to freedom of conscience and the right to freely
profess, practice and propagate their religion.” In the first place, the
response should have come from the External Affairs Minister himself and in the
second, stronger words should have been used.
Christians in India are not the constituency of the Pope, though Vatican
exercises hegemony over the Indian church with the complicity of some Indian
priests.
This episode comes closely in the wake of
another such intervention in the country’s internal affairs and the abject
failure of the South Block to react. While India was rejoicing its election to
the United Nations Human Rights Council as recognition of its commitment to
promotion and protection of human rights last week, the US Commission on
International Religious Freedom (USCIRF) administered a hard rap on the knuckles
of our South Block mandarins. The
commission which reports on the status of religious freedom to the State
Department and Congress, last week reported that although India should not be
under watch, it was being "monitored closely." It is puzzling why the
South Block does not react to these annual American judgments on a purely
domestic situation.
The commission has
doubtful secular credentials, born as it is under pressure from Christian right
to help missionaries abroad in their evangelical work. The Clinton regime passed
the International Religious Freedom Act (IRFA), a law to create the commission,
in order to enlarge the Democratic constituency, much the same way as some of
our political parties do to enlarge their minority vote bank. The commission has
won plenty of enemies for the US among its allies, including France, Germany and
Belgium. It is so ridiculous that a country with minimum respect for
international treaties and institutions should try to deliver sermons to other
countries.
The
commission represents an ominous mixture of religion and foreign policy, bound
as it is by the obligation to submit its report to the Secretary of State.
The commission work is bound to generate conflict because the dominant
religion in India is non-messianic. As David Jones, a former US foreign service
officer says, “The adherents of messianic religions, who believe they possess
a truth that must be brought to others throughout the world, have all too often
run headlong into other religious groups equally convinced they were
encountering not truth but evil incarnate.” What makes the IRFA a foreign
policy tool is the requirement to classify certain countries as “countries of
particular concern” and the provision for a sanctions regime.
Maybe, the ruling
Congress is happy with the left-handed compliment the report pays in these
words: “The positive developments in India affecting freedom of religion or
belief that began in 2004, when parliamentary elections resulted in installation
of a coalition government led by the Congress party, continued in the past
year.” Assume that the State Department report is true. Does India outsource
an internal security job to a foreign country? Look at the number of agencies at
home that can deal with threats to religious freedom. The President who is a
sentinel of the Constitution, Parliament led by a coalition with ‘impeccable
secular’ credentials, the media that have adopted minorities as their
constituency, not to mention the hundreds of NGOs who are vigilant to attacks on
minorities. This is what three prominent members of the commission said in a
dissent note: “India has the legal and democratic traditions to deal with
religious intolerance and should be strongly encouraged to do so."
The USIRF report
itself concedes that “unlike many of the other countries that draw
commission’s attention, India has a democratically elected government, is
governed generally by the rule of law, and has a tradition of secular governance
that dates back to the country’s independence, India has a judiciary that is
independent, contains a vibrant civil society with many vigorous, independent
nongovernmental human rights organizations that have investigated and published
extensive reports on the rise of religiously motivated violence. It is also home
to a free press.” What is the problem then? Why cannot South Block ask the
commission to mind its business? In fact, these reports provoke fringe groups,
leading to religious conflict.
Even as the
commission complains that “several of the BJP-led states including Orissa,
Madhya Pradesh, and Chattisgarh, as well as Arunachal Pradesh, still have laws
against ‘forced’ or ‘induced’ religious conversions,” it admits that
“reports of persons having been arrested, still less prosecuted, under these
laws are not common.” The question, however, is not whether some persons have
been prosecuted or jailed. It concerns the right of democratically elected
governments to pass laws and the total immorality of an outside agency
questioning that right. The Indian Constitution does not permit conversion and
the Supreme Court of India clearly defined the limits of religious freedom. The
silence of our foreign office is baffling because that encourages every passing
diplomat to deliver sermons to us.
Some prominent Indian personalities have
appeared before the commission and deposed against their country. They have
every right to criticize the policies of their country but how does it help to
complain before foreign tribunals? How do we transfer national jurisdiction to
an alien body? Those who appeared before the
commission did so all the time knowing that the State Department can do nothing
beyond chuckling in our discomfiture. Two years ago, in a reaction that bordered
on the bizarre, a Foreign Office spokesman of the NDA ministry told the media
what he should have told the State Department. He said that any abuse of
religious rights was handled by “our own internal processes which include the
judiciary, the press, the civil society, the National Human Rights Commission,
and so on.”
The USCIRF is
redundant because the State department publishes a Human Rights Report every
February and covers the entire globe. From smaller countries like Uzbekistan to
Asian giants like China, every country has dismissed these reports with the
anger they deserved. Beijing trashed US criticism of its religious policies and
freedoms as skewed and warned the US against interfering in that country’s
internal affairs. “The USCIRF should stop interfering in other countries’
internal affairs, so as not to further harm its own reputation or create
obstacles in relations between the United States and other countries and in the
exchange between it and other relevant parties”, a Chinese spokesman said.
Egypt refused to allow the commission to visit Cairo saying, "This is no
goodwill tour or peace mission; it is outright
foreign intervention in our internal affairs."
The
commission claims it is a non-political, bipartisan body created as an
independent watchdog, to ensure that the State Department keeps religious rights
and freedom in mind when promoting policy. Yet everything it does is with the
help of state machinery. US diplomats everywhere monitor religious freedom in
countries they are accredited to and send reports to the commission. We must
remember that the commission’s report is about India and not NDA or UPA.
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