Indian Christian Organisations
have urged the Governor of Rajasthan in Jaipur
not to sign the so called Rajasthan Freedom of
Religion Bill 2006.
In an appeal on behalf of the Christian Council,
the Catholic Union and the Justice and peace
Commission, among others, National Integration
Council member Dr John Dayal said the Governor
should use her statutory powers to reject and
return the Bill and not to make it law.
Dr Dayal presented to the Governor two detailed
legal opinions ? the first by Supreme Court
Senior Advocate Rajeev Dhawan, a universally
acknowledged authority on Constitutional Law
and Human rights, explaining that the bill went
against Constitutional guarantees and would
tarnish the image of Rajasthan and India. The
texts have also been sent to the Prime Minister
of India and the President of India.
The Rajasthan state Freedom of Religion Bill
2006, was rushed through the State Assembly
this month in unholy haste by the state Government
of Chief Minister Vasundhra Raje Scindia, despite
total and strong opposition by the non-BJP parties.
The entire Civil society of Rajasthan met in
Jaipur on 1 April and expressed their concern
at the Bill and its contents, its intention
and nefarious motives, which were nothing less
than to divide the people on religious lines
and injure the secular polity of the state and
the nation.
Dr Dayal told the Governor "such medieval
and backward looking bills go counter to every
single International covenant, which India has
signed, and bring a bad name to the country.
This Bill will also have an impact on the
fair reputation and goodwill of the state of
Rajasthan which is now advertising heavily in
Western Countries to both improve its potential
as a tourist destination, and as a modern state
on the move inviting foreign capital, collaboration
and businesses for its economic growth and the
improvement of the lot of its otherwise exceedingly
poor people."
"The responsibility lies on you as Governor
to check this backward slide and this disastrous
move. The Constitution gives you full powers.
There are many precedents where Governors have
moved and prevent unjust Acts from becoming
the law. We therefore request you to please
Reject and return the Bill when the Government
presents it before you for your formal Assent
to make it law. Please also advise the Government
of the State not to go through with such divisive
and coercive legislation which is bad in law,"
the appeal said. "I am sure Your Excellency
will see merit in ensuring that this Black Act
is NOT made into a Black law," Dr. Dayal
added.
Dr. Dayal also sent to the Governor apart from
the legal opinion the Rajasthan Freedom of Religion
Bill by Supreme Court Senior Advocate Rajeev
Dhawan, legal opinion of CSW International advocacy
group, and the report on Kota sent earlier to
the Prime Minister of India.
In his legal opinion, the Senior advocate has
said the Rajasthan bill is constitutionally
invalid and flawed because it seeks to impose
restrict the right to freedom of religion and
speech on the grounds of law and order, which
is constitutionally impermissible. The direct
and inevitable effect of the bill is not only
to regulate conversions, but also to cripple
the right of religions, especially minority
religions to propagate their faith. He said
the Bill affects the rights of an individual
to be converted, which is a part of the fundamental
right to religion;
The bill is partisan in its purpose and intent
as it seeks to protect the community from which
the conversions are taking place; the provisions
of the bill are over inclusive and provide enough
loopholes for abuse of the powers under the
bill. The Bill violates the requirements of
due process and ignores principle of criminal
jurisprudence. the statement said.