HUMAN RIGHTS, RELIGIOUS GROUPS DECRY PASSAGE OF

C O N F I D E N T I A L SECTION 01 OF 04 NEW DELHI 002446 SIPDIS SIPDIS E.O. 12958: DECL: 04/10/2016 TAGS: PGOV PHUM KIRF KDEM SCUL CASC IN SUBJECT: HUMAN RIGHTS, RELIGIOUS GROUPS DECRY PASSAGE OF RAJASTHAN ANTI-CONVERSION BILL REF: A. NEW DELHI 1818 ¶B. NEW DELHI 1953 ¶C. NEW DELHI 02291 Classified By: Ambassador David C. Mulford for reasons 1.4 (B,D) ¶1. (C) Summary: Split on party lines, the BJP-dominated Rajasthan Assembly overwhelmingly passed a controversial anti-conversion bill on March 26, but it must be signed by the state governor, then be approved by the state cabinet and have regulations promulgated before it can be enforced. Human rights organizations and religious groups roundly condemned the passage of the bill, arguing that it would be used to discriminate further against minorities in the state. Several demonstrted in front of Parliament on April 7. Rajasthan Home Minister Gulab Chand Kataria claimed the anti-conversion law was drafted to maintain law and order in the face of provocative missionary activities. The Supreme Court has heard court cases challenging the constitutionality of anti-conversion legislation and upheld similar laws in Orissa and Madhya Pradesh. Although there have been only a few convictions nationwide under anti-conversion legislation, the laws are used mainly to harass missionaries. Rajasthan informants dismiss the bill as pure political drama, doubt that it will be enforced and predict that a Congress government will repeal it as soon as it comes to power. Nevertheless, this is an extremely discouraging development that we will continue to oppose. We will discuss Chief Minister Vasundhara Raje's views on the measure Septel. End Summary. State Assembly Passes Anti-Conversion Bill -------------- ¶2. (SBU) On March 26, the BJP-dominated Rajasthan Assembly, surprising a number of political pundits, quickly passed a controversial anti-conversion bill after a noisy debate. Following a 90 minute deadlock and a "stormy walkout" by the opposition Congress and Communist Party of India-Marxist (CPI-M),the bill passed with approximately 120 members (all BJP) voting in favor of it. The passage defied our interlocutors' opinions that the bill would likely be debated during the August session of the assembly, with its ultimate passage questionable (Ref C). Although considered a moderate leader in the BJP, Chief Minister Vasundara Raje was not present in the assembly during the vote and did not come out forcefully against the measure. The BJP has stated in its platform its intention to pass anti-conversion laws in every state that it rules, and RSS leader K Sudharshan camped out in the Rajasthan capital of Jaipur for a week to lobby for the bill's passage. Currently, anti-conversion laws are in effect in Madhya Pradesh, Chattisgarh and Orissa and laws against forcible conversion exist in Andhra Pradesh and Arunachal Pradesh. In 2003, Gujarat passed a "Freedom of Religion" bill outlawing allurement or force for religious conversion. However, the rules and regulations for the Gujarat bill remain unframed, rendering the legislation inactive. Tamil Nadu passed an ordinance repealing its anti-conversion law in 2004, without ever having enforced it. Not Yet Law -------------- ¶3. (SBU) While the Rajasthan Assembly has passed the bill, it remains inactive until the governor signs it, after which it goes to the state cabinet for final approval. Our interlocutors told us today that Rajasthan Governor Pratibha NEW DELHI 00002446 002 OF 004 Patil is under heavy pressure from the bill's opponents not to sign it. However, NDTV Correspondent Harsha Kumari Singh told us on April 10 that "there is no doubt that the Governor will sign the bill." Once the governor signs it, the bill then goes to the cabinet for final approval. Our interlocutors noted that the bill is past the stage where the opposition can influence it's passage, as the governor is a BJP supporter and the cabinet consists of BJP MLA's. Anti-Conversion Law "Targets Minorities" -------------- ¶4. (U) Human rights groups in Rajasthan and across India have loudly condemned the law's passage. DailyIndia.com reported that the All India Christian Council (AICC) announced the bill "is not just mischievous but downright unconstitutional. That the right to follow or change one's faith can never be unlawful." The AICC asserted that the bill "will be a stick used to harass minorities, in a state where they already feel insecure." The anti-conversion law in the hands of "prejudiced government officials" would make the lives of minorities unbearable, noted the AICC. ¶5. (U) The Hindu reported CPI-M Member of the Legislative Assembly Amra Ram called the bill an "attack on freedom of speech and expression, freedom of conscience and freedom to profess, practice and propagate religion, which is enshrined in the Constitution." Demonstrating that protests are not only limited to Rajasthan, The Statesman reported that members of The Global Council (a Christian group) protested against the anti-conversion bill in front of the Parliament in New Delhi on April 8. BJP: The Law Does Not Discriminate -------------- ¶6. (U) The Hindu reported that Rajasthan Home Minister Gulab Chand Kataria, who championed the bill, argued that it was necessary to check the activities of Christian missionaries in some parts of the state, especially Kota (where Emmanuel Ministries International is located). However, he noted that the bill did not target any one religion. "All religions will be treated equally when it comes to conversions. If anyone wants to change his religion on his own, he can still do it." Kataria remarked. Senior BJP minister in Rajasthan Shanshyam Tiwari stated the laws "motive is to strengthen social harmony." Supreme Court Has Previously Upheld Anti-Conversion Laws -------------- -------------- ¶7. (U) Kataria asserted that similar bills in Madhya Pradesh and Orissa had received Supreme Court approval and that the Rajasthan law would pass any legal test. Our interlocutors told us that in 1986 Christian groups challenged the anti-conversion laws in those states' High Courts, and in both instances the High Courts upheld the laws. These cases were sent to the Supreme Court, and according to our contacts, the court gave a weak judgment in favor of the laws, stating that a person is allowed to convert, but others do not have a right to convert that person. ¶8. (SBU) South Asian Human Rights Documentation Center Director Ravi Nair noted that the Supreme Court has heard court cases challenging the constitutionality of anti-conversion legislation in Orissa and Madhya Pradesh and upheld both laws. Nair remarked that there have been "a few convictions nationwide under anti-conversion legislation, but NEW DELHI 00002446 003 OF 004 not many and these law are mainly used to harass missionaries." Conversions by EMI led to Law? -------------- ¶9. (C) NDTV Correspondent in Rajasthan Harsha Kumari Singh told us April 10 that Emmanuel Ministries International (EMI) has been actively converting people to Christianity in the Kota region. She noted that it is widely known in Kota that EMI receives a majority of its funds from the US, and has been converting people in its orphanages and hospitals. The law is clearly a reaction to EMI's unrelenting conversion drive, Singh concluded. Sify.com reported that Kataria alleged EMI was behind "forceful religious conversions" using funds from the US and that "this kind of religious conversions would not be allowed at any cost." Ambassador Meets EMI Delegation -------------- ¶10. (SBU) The Ambassador met an EMI delegation visiting from the US on April 7 regarding the situation in Kota. He informed the group that he sent a letter to Chief Minister Raje expressing USG concern over the anti-conversion legislation and that the Embassy would continue to monitor the situation. The Ambassador suggested that EMI should refrain from provocative acts and ensure that its library does not contain any copies of "Haqeeqat" or other offensive books. In light of the religious sensitivities in India, EMI should be careful not to provoke Hindu anger by distributing offensive literature. The EMI delegation agreed. Reactions in Rajasthan -------------- ¶11. (C) Rajasthan MLA and powerful BJP leader Vishnu Modi dismissed the bill as an empty political gesture, when he spoke with Poloff on April 10 and wondered why the USG should be so concerned. He pointed out that the common consensus in the state is that Congress will return to power in two years and immediately repeal the measure. In the interim, he predicted that Vasundhara Raje's government would not enforce the measure and no one would be arrested or convicted. Well-connected Rajasthan businessman Sanjeev Choudhary of Reliance Infocomm noted to Poloff that the BJP is in the political doldrums and is grasping at straws at a misguided attempt at revival. "The Hindus of Rajasthan and of India don't want anti-conversion bills, they want economic development," he emphasized. Choudhary predicted that the anti-conversion measure would only contribute to a BJP defeat in the next Rajasthan election. The Status of Samuel Thomas -------------- ¶12. (C) Modi claimed that the arrest case of EMI leader Samuel Thomas was now in the hands of the Indian judiciary and that Government of Rajasthan could no longer influence its outcome. He pointed out that the Indian courts are "impartial but very very slow," and predicted that his release on bail would likely take some time. On April 11, John Prabhudoss of the Federation of Indian American Christian Organizations of North America, who is on the scene in Rajasthan, informed poloff that Samuel Thomas was again denied bail on April 10, there is no new bail hearing scheduled, and he could remain in custody indefinitely. NDTV Correspondent Harsha Kumari Singh told us that his sources in the Rajasthan government have told him that they intend to NEW DELHI 00002446 004 OF 004 keep Thomas in custody until his father, who is in hiding in Kerala, turns himself in. Comment: Politics of Religion Played out in Rajasthan -------------- -------------- ¶13. (C) While the bill is not yet fully in force, our interlocutors noted that it is unlikely to be struck down by the governor, cabinet or court system. The ruling BJP's national platform calls for each state to pass anti-conversion legislation, and the BJP controlled Rajasthan Assembly seemed determined to pass the bill to score political points and comply with the instructions from the party leadership. The RSS and other Hindutva groups have also taken advantage of EMI conversion activities and the EMI connection to the book "Haqeeqat" (Ref A and B),which they consider immensely offensive to Hindus, to create religious tensions for political gain. Although the BJP enjoys a solid majority in the Rajasthan Legislative Assembly, the controversy provoked by EMI's association with Haqeeqat most likely made it easier for the RSS and BJP hardliners to overcome the objections of party moderates and quickly pass the bill. Post will continue to report on developments related to the bill, including the views of Chief Minister Vasundhara Raje (septel). ¶14. (U) Visit New Delhi's Classified Website: (http://www.state.sgov.gov/p/sa/newdelhi/) MULFORD