E/CN.4/2006/5/Add.1
Page 38
Communication sent on 9 June 2005
143. The Special Rapporteur brought to the attention of the Government the
situation of evangelist Kiran Kurmar, aged 30, who was assaulted on 27 February
2005 by nine Hindu extremists belonging to the Vishwa Hindu Parishad while he was
on his way to visit a Hindu man who had invited him for prayers in the Khurda
district. They tied him up and threatened to throw him into the Chilika Lake. When
the police arrived, they arrested him and charged him with preaching Christianity to
Hindus in order to convert them, an activit y prohibited by the “Orissa Freedom of
Religion Act” of 1967. Mr. Kumar was subjected to torture while in police custody.
Reports further indicated that he was presented before the Sub-Divisional Magistrate
in Banapur only on 1 March 2005. He was granted bail on 8 March 2005. Dasarathi
Behera, the Hindu man that Mr. Kumar was visiting on the day of his arrest was also
arrested and accused. He testified before the police that he believed in Jesus Christ
without any fear or pressure induced by anyone, a testimony which should have
absolved Mr. Kumar of any charges of “forced conversion”.
Communication sent on 19 July 2005
144. The Special Rapporteur brought to the attention of the Government the
situation of Ms. Imrana, a 28-year-old resident of Charthawal, who was raped by her
father-in-law, Ali Mohammad, at Muzaffarnagar in western Uttar Pradesh. The
Islamic panchayat (village council), referring to sharia provisions, subsequently asked
her to abandon her husband. On 29 June 2005, the Deoband School of theology issued
a fatwa stating that she could not return to her husband. Uttar Pradesh chief minister,
Mulayam Singh Yadav, openly backed the clerics and called for acceptance of the
fatwa.
Communication sent on 29 August 2005
145.
The Special Rapporteur was infor med that, following pre-election promises
by the ruling Bharatiya Janata Party (BJP) to reduce the number of conversions to
Christianity, the government of Chattisgarh had prepared draft amendments to the
provisions of the Dharma Swatantraya Adhiniyam (Freedom of Religion Act) with the
aim of reducing the number of conversions of the local population to Christianity.
Already the law currently in force allowed punishing persons who attempt to convert
somebody "forcefully or fraudulently" by prison sentences for up to two years and a
fine. The pending amendments foresaw imprisonment for up to four years and a tenfold increase in the amount of the fine. Moreover, the pending amendments required a
person who wishes to convert to inform the local authorities 30 days in advance.
146.
In a similar move, officials in the north-central state of Madhya Pradesh
announced that their anti-conversion law would be amended to make the conversion
of tribal people to Christianity more difficult following the publication of a report
claiming large-scale conversions initiated by Christian missionaries. No details about
the planned measures were known at the time of the communication, but already
under the applicable law district officials had to be notified of conversions seven days
in advance. It was feared that the amendments and the controversies surrounding
them might have lead to increased tensions between the various religious groups.