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ActionAid is an international anti-poverty agency working in over 40 countries, taking sides with poor people to end poverty and injustice together. We believe that to make any dent in persistent inequity and injustice, the root causes of poverty must be addressed, and not just the distress conditions. Ours is a a rights-based approach to development, helping people to claim their rights which may be constitutional, moral or legal entitlements. This is in addition to addressing immediate needs like food, health care, shelter and education.

HIV/AIDS

Dear reader,

Nov. 2008

  The recent violence against Christians and their property in Karnataka and Orissa highlights, once again, the dangers of violent Hindutva ideologies and groups that threaten the unity and integrity of India. For long, insecure leaders of radical Hindu groups have claimed that Christian missionaries are converting Hindus on the basis of fraud, inducement or coercion. Yet, they cannot produce empirical evidence of the growth of Christianity. What is clear and indisputable, however, is that most converts are either lower caste or tribal, and so suffer not only from State neglect but also the worst forms of Hindu social violence.

In this issue, we examine the nature of conversions and whether Indian law and society protects religious converts. India is a multicultural and secular State, governed by the rule of law. How should such a system react to the recent incidents of violence in BJP or BJP-allied States? In our legal discussion, we examine the constitutionality of conversions. Are all conversions allowed in Indian law? What are induced or coerced conversions and what is the law relating to them? These and other concerns are covered in this edition of Rights First.

- Rights First Editorial Team

THE CONSTITUTIONALITY OF CONVERSIONS IN INDIAN LAW



At Independence, the Constituent Assembly was in no doubt that the question of minorities loomed large in constitutional discussions. Not only did the Advisory Committee on the Constitution include minority representation, but a Minorities Committee vetted the constitution making process both to ensure political safeguards and also to create a secular framework for the minorities. Even after Partition, the Constitutional Advisors draft of 1947 and the Draft Constitution of 1948 contained a separate part containing Special Provisions for Minorities. (Read More...)

CONVERSIONS AND SECULARISM



Over the last few years in India, there has been an increasing incidence of controversy surrounding the right of a person to choose faiths and beliefs other than Hinduism. On a conceptual level, this is a complex proposition: it requires a definition of Hinduism a faith that has traditionally defied unilateralist narrow interpretation. Nonetheless, in a long line of judgements, the Supreme Court has, for the purposes of Indian law only, defined religion and has identified the essential practices of the Hindu faith.


( Read more...)



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