Sangh Parivar’s Ghar Wapsi Takes Shelter Behind Article 341 Part 3: Alleges AICU

Bengaluru: All India Catholic Union (AICU) expresses its gratitude to Supreme Court of India which has issued notice to the Union Ministry of Social Justice and Empowerment on a petition filed by AICU and its past president, Dr. John Dayal, challenging the validity of Article 341 Para 3 of Indian Constitution. This article, which was once known as the President Order of 1950, denied reservation and other benefits to dalit christians and muslims, said Lancy D’ Cunha, the National President of the All India Catholic Union speaking in a press meet held in Bengaluru on Saturday.

AICU’s lawyer, P I Jose, told the Supreme Court that this provision was being misused by Hindutva organizations like the RSS and VHP to indulge in Ghar Wapsi, that is re-conversionn of Christians and Muslims into Hinduism. The RSS and its affiliates are misusing the delay in not hearing the original 2004 public interest petition on this issue, by engaging in Ghar Wapsi and others and therefore there is a need to hear the matter early, even though the government of India is delaying it by not filing a reply, advocate Jose told the court.

 As per Para 3 of Constitution (scheduled castes) order 1950 which the petition has challenged, “no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a scheduled caste”. Bodies like the RSS and VHP are capitalizing on the delay by luring Dalit Christians to re-convert by promising those Scheduled Caste rights and other incentives, he alleged.

AICU, which represents the Catholic Laity in the country, is deeply concerned over ‘Ghar Wapsi’ or the re-conversion programme and ether coercive and violent actions indulged in by Hindutva right wing outfits, and had moved a fresh petition for scrapping of the clause, Lancy D’ Cunha added.

 “We are grateful and happy that the bench of Chief Justice J S Khehar and Justice D Y Chandrachud, issued notice to the Social Justice Ministry seeking their response,” he said.

 It is important to mention that on the one hand the poor Christians of Dalit origin are deprived of their constitutionally guaranteed freedom of faith and worship, on the other hand large groups of politically and institutionally patronised narrow fundamentalist religious bigots openly come out with violent intimidatory programs like ‘Ghar Wapsi’ and other like programs depriving the poor Christians of Scheduled caste origin their basic human rights of peaceful living.

The existing laws seem to legitimize Ghar Wapsi, while making it prohibitive and punitive for any Dalit to exercise his or her freedom of faith and convert to Islam or Christianity. Conversions to Buddhism and Sikhism do not invite this punishment, he said.

“The AICU has also, therefore, decided to take legal action against the chief minister of Jharkhand, Raghubar Das, and his government who recently pushed an anti-religious conversion bill in the state legislature. He then added insult to injury by using public money to issue an outrageous newspaper advertisement which uses a garbled statement of Mahatma Gandhi made before Independence to target Christians. Our lawyers are currently in the process of finalising our petition,” he concluded.