Identifier
Created
Classification
Origin
06NEWDELHI2291
2006-04-04 13:05:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy New Delhi
Cable title:  

RAJASTHAN ANTI-CONVERSION BILL SLOW TO PASS,

Tags:  PGOV PHUM KRIF KDEM SCUL CASC IN 
pdf how-to read a cable
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UNCLAS SECTION 01 OF 03 NEW DELHI 002291 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM KRIF KDEM SCUL CASC IN
SUBJECT: RAJASTHAN ANTI-CONVERSION BILL SLOW TO PASS,
CONTROVERSIAL

REF: A. NEW DELHI 1818

B. NEW DELHI 1953

UNCLAS SECTION 01 OF 03 NEW DELHI 002291

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM KRIF KDEM SCUL CASC IN
SUBJECT: RAJASTHAN ANTI-CONVERSION BILL SLOW TO PASS,
CONTROVERSIAL

REF: A. NEW DELHI 1818

B. NEW DELHI 1953


1. (SBU) Summary: Fulfilling a BJP party platform commitment,
the Rajasthan government introduced an anti-conversion bill
on March 31 in the state assembly. Rajasthan Member of
Legislative Assembly (MLA) Mohammad Mahir Azad (opposition
Congress Party) predicted to us that the bill will likely
pass, but not until the "monsoon session" in August. Human
rights activists told us that the bill is discriminatory by
implying conversions from Hinduism fall under the ordinance,
but conversions to Hinduism do not. In connection with this
case, South Asia Human Rights Documentation Center Director
Ravi Nair commented to us that, while discrimination against
minorities should not be tolerated, evangelical groups must
be careful not to disparage Hinduism. Chief Minister Raje's
lack of public support for the bill leaves open the chance
that it may languish in the assembly and die a slow death.
We have successfully opposed this type of discriminatory
legislation in the past, and will continue to discourage its
enactment in Rajasthan. End Summary.

BJP Has the Numbers to Pass Anti-Conversion Law
-------------- --


2. (SBU) The BJP introduced an anti-conversion bill, called
The Rajasthan Swatantrya (Freedom) Act of 2006, in the
Rajasthan Assembly on March 31. Congress MLA Mohammad Mahir
Azad told us it is unlikely to pass this session, because
bills take a minimum of ten days to move through the
legislative process, and the current session ends April 7.
He reported that Congress and Communist MLAs mounted a
boisterous opposition to the bill, terming this resistance "a
good sign." However, he indicated that the BJP, which holds
almost two-thirds of the seats in the State Assembly, can
virtually guarantee the bill receives the necessary simple
majority needed to pass, if its leadership so decides.
Rajasthani journalist and political pundit Ram Shastri
reported that the Assembly did not discuss the bill on April
3, and contended that it will not move during current session
of the State Assembly.

The Devil is in the Bill's Details
--------------



3. (U) The draft bill prohibits "conversion from one
religion to another by the use of force, allurement, or by
fraudulent means." SAHRDC Director Ravi Nair noted that the
bill is discriminatory due to the way a conversion is
defined. The bill states a conversion as "renouncing ones
own religion and adopting another," but also notes that "ones
own religion" equates to the religion of one's "forefathers."
Our interlocutors noted that this clause treats conversions
to Hinduism -- believed to be the historical religion of most
Indians -- as "coming back into the fold" and therefore
outside of the scope of the legislation.


4. (U) The bill defines allurement as "offering any
temptation in the form of (a) any gift or gratification,
either in case or kind, or (b) grant of any material benefit,
either monetary or otherwise." Under this wide definition,
any assistance provided by a religious group to a person
outside their faith could be deemed to be against the law.
The bill stipulates a minimum of two years in prison and
allows for a fine of up to 50 thousand Rupees (USD 1100) for
breaking the statute. Under the law, the offense would be
"non-bailable," allowing authorities to hold suspects in

NEW DELHI 00002291 002 OF 003


pretrial detention.

Opposition to the Law Builds
--------------


5. (SBU) Rajya Sabha Member Raashid Alvi (Congress Party)
predicted that while Rajasthan Chief Minister Vasundara Raje
has not been pushing the legislation, without a large-scale
public outcry, the bill will likely become law. Explaining
the limited influence of the central government over state
issues, he commented that there is little the National
Congress Party can do to influence the Rajasthan vote. He
noted that he would discuss the issue with Congress Party
Chairman Sonia Gandhi during the week of April 3-7 with hope
of creating a strategy to oppose the bill. Alvi suggested to
us that upcoming US congressional delegations should discuss
the matter with BJP leaders, including Chief Minister Raje.
"A display of US displeasure over the anti-conversion bill
will have a greater impact than a similar act by a member the
Congress Party," Alvi asserted.


6. (SBU) Bishop of Jaipur O. Lewis reported to us that his
organization had submitted a memorandum to the Government of
Rajasthan complaining of attacks on Christian institutions
and the discriminatory law. The Deccan Herald reported on
March 25 that the BJP responded the law was drafted to
"maintain law and order and to strengthen social harmony."


7. (SBU) SAHRDC Director Nair argued to us that the bill
"runs contrary to the freedom of religion enshrined in the
Indian Constitution and in international conventions that
India is a party to. There is grave risk that it will be used
to clamp down on minorities and minority institutions."
Highlighting the recent case against Emmanuel Ministries
International (EMI) (Ref A and B),he asserted that
"Rajasthan has been a staging ground for Hindu fundamentalist
intimidation and harassment of minority communities" and that
"police action against EMI -- the arrest of its employees,
the revoking of its license and freezing of its bank accounts
-- appears arbitrary and disproportionate to the alleged
offense."

Do Not Stoke the Hindutva Fire
--------------


8. (SBU) Nair opined that, while political or physical
attacks on minority groups and institutions cannot be
condoned, it is also "incumbent upon certain evangelical
groups to ensure that their legitimate proselytization
efforts do not take the form of degrading or disparaging
statements or literature targeting other religions." He
remarked that many evangelical Christian groups in India fail
to acknowledge this difference. (Note: EMI was accused of
promoting a book that disparaged Hindu religious practices as
idolatry. End Note.) "Such actions only serve to undermine
the genuine efforts of those groups that seek to carry out
humanitarian activities or peacefully propagate their faith,"
Nair concluded.

Comment: Bill is Not a Done Deal
--------------


9. (SBU) Chief Minister Raje's lack of public support for
the anti-conversion law and calls for religious tolerance
from others in Rajasthan leave open the chance that the bill
may languish in the assembly and die a slow death. In
Rajasthan, secular, human rights and minority religious

NEW DELHI 00002291 003 OF 003


groups continue to publicize the discriminatory nature of the
bill hoping to build a strong opposition. We have been
successful in helping to defeat this type of discriminatory
legislation in other states in the past and will continue
oppose its enactment in Rajasthan -- whose state government
is strongly forward on its relationship with the US. The
Embassy will send a letter to Chief Minister Raje registering
USG concern over the anti-conversion legislation on April 5.


10. (U) Visit New Delhi's Classified Website:
http://www.state.sgov.gov/p/sa/newdelhi/
MULFORD