[sacw] sacw dispatch #2 (9 Dec.99)

[Harsh Kapoor]

South Asia Citizens Web Dispatch #2
9 December 1999
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#1. Press Release - Citizens of Mumbai re Srikrishna Commission report
#2. Gujarat Govt. for anti-conversion Bill
#3. Full Text of 'The Gujarat Freedom of Religion Bill, 1999'
#4. Concern at Delhi Police Survey's Christian Groups
#5. India's Draft Nuclear Doctrine - A Discussion in Delhi (Dec.10)
#6. IPARMW #5 (9 Dec, 1999)
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#1.
Citizens of Mumbai

December 7, 1999
Press Release

Action on key recommendations of the Srikrishna Commission report will be
taken within two months, Maharashtra chief minister, Vilasrao Deshmukh
assured a high-powered citizens' delegation that met him to press this
demand on December 6. No Committee would be appointed to study the report
further and action as recommended by the Judge would be direct and speedy,
he clarified.

The delegation was led by Justice Hosbet Suresh who emphasised that the new
government needed to redeem the faith of the people by showing that it can
and will act on the matter. Ad and theatre personality, Alyque Padamsee,
script writer, Javed Akhtar, director, Mahesh Bhatt, senior Marathi
journalist, Nikhil Wagle, representatives of womens' organisations and
civil liberties' organisations, advocate Yusuf Muchchala, philanthropist,
Ghulam Pesh-Imam, members of the Mumbai Aman Committee, Voice of the
Exploited and editors of Communalism Combat participated. The effort was
the outcome of a citizens' meeting in the city on November 30 where the
decision to present such a memorandum had been taken.

The criminal prosecution of 15 police officials (including former Mumbai
police commissioner, R.D. Tyagi, found guilty of shooting dead innocent
workers at a bakery) and the re-opening of over 1,000 criminal cases lodged
by survivors that had been wrongly closed by the police would be the
immediate recommendations that would be expedited. These recommendations
had been acted upon by even the previous government that had rejected other
parts of the report.

Besides, the payment of compensation to the surviving families of over 500
missing persons (naturally assumed dead) would be a matter that would be
sorted out without creating bureaucratic wrangles.

The memorandum that was submitted to the chief minister also made the
demands for the prompt criminal prosecution of over three dozen politicians
identified by the Judge for criminal conduct during the riots. The
prosecution of newspapers guilty of inciting hatred and violence was also
imperative if a strong message against mischief mongers needed to be sent
down, the memorandum specified.

The delegation apprised the chief minister of the necessity for prompt
action in this matter. Mr. Deshmukh reiterated the commitment of both the
Congress(I) and the NCP to the implementation of the Srikrishna Commission
report, a commitment that had featured prominently in the election
manifestoes of both parties during the recently-conducted polls in the
state.

Prominent signatories to the memorandum included Marathi playwright, Vijay
Tendulkar, writer and political scientist, Nalini Pandit, veteran
litterateur, Y.D.Phadke, Justice S.M. Daud, senior advocates Iqbal Chagla
and Atul Setalvad, civil libetarians, P.A. Sebastian and Yogesh Kamdar,
reformist scholar, Asghar Ali Engineer among others.

Organisations that had joined in the campaign included
Progressive Minorities Council, Committee for the Protection
Of Democratic Rights, People's Union for Civil Liberties, Bombay Sarvodaya
Mandal, Ekta, Centre for Study of Society & Secularism, Women's Centre,
Akhil Bharatiya Janwadi Mahila Sanghatana, Documentation,Research &
Training Centre (JPC), All India Milli Council, Nirbhay Bano Andolan
Citizen Welfare Committee, Muslim Intellectual Forum
SEVA, NEEDS.

Contact : Teesta Setalvad, Mumbai
Phone: (91-22) 6602288 /
6603927
-----------------------
# 2.

THE HINDUSTAN TIMES,
New Delhi, December 9, 1999

Gujarat Govt. for anti-conversion Bill:
Conversion of SC/STs will amount to atrocity on them, states the Bill
by Rathin Das

Gandhinagar, December 8
Even as the Christian-populated areas of South Gujarat are getting
tense
over the Sangh Parivar plans for a Hindu Sammelan and laying the foundation
of a Ram temple, the BJP legislators are preparing to pass a Bill in the
Assembly =ECto provide for prohibition of conversion from one religion to
another.=EE
Legal luminaries feel such a law is most likely to be violative of
Art. 25
of the Constitution as it provides freedom for propagation of religion.
Though the Bill does not name any religion whose protagonists were
indulging in conversions, its real target is apparently the Christian
missionaries who were under attack of the Sangh Parivar around the same time
last year. The Bill also states that if the =ECoffence=EE of conversion is
committed on Scheduled Castes or Scheduled Tribes, then it would tantamount
to atrocity on these classes.
Ironically, named =ECThe Gujarat Freedom of Religion Bill, 1999=EE, the
proposed legislation seeks to restrict the freedom of the individual to
choose his religion. The Bill, introduced in the State Assembly as a
private member=EDs Bill on August 30 this year, would be taken up for
discussion in the next session of the House scheduled any time in
=46ebruary-March next year.
Given the BJP=EDs absolute majority in the 182 member Assembly, the
smooth
passage of the Bill is a foregone conclusion. However, legal experts are
pessimistic about such an Act getting the Presidential assent, which is
essential for it to become a law.
Moved by the BJP MLA from Mansa, Mr. Maganbhai Patel, the
introduction to
the Bill makes it clear that =ECit is necessary to provide protection to
persons against forced conversions by fraudulent means=EE.
It had been the contention of the Sangh Parivar that the tribals in
southern and eastern Gujarat were being converted by the Christian
missionaries by =ECfraudulent means=EE.
The Bill=EDs provisions, if made into law, are likely to open a
Pandora=EDs Box
as these could be used for harassment of religious preachers with its own
definitions of =ECallurement=EE, =ECforce=EE and =ECfraudulent means=EE.
Moreover, the Gujarat Freedom of Religion Bill seeks to make
conversion a
cognizable offence to be investigated by an officer not below the rank of an
inspector of Police. This clause, in the context of Gujarat, effectively
means that any police Inspector would be free to register a case against a
missionary preacher or nuns even for trivial disputes like denial of
admissions to the schools.
Since =ECallurement=EE has been redefined in this Bill as =ECoffer of any
temptation in the form of gift, gratification, either in cash or kind, or
any material benefit=EE, all the activities of the missionary health and
educational institutions are likely to fall under the purview of the police
Inspector. Any medicine, health care, book, literacy mission or the likes
would be vulnerable to misinterpretation by the police officers.
The punishment prescribed for =ECconversions or attempts at conversions=EE
include jail term up to three years and fine of Rs.2,000 or both. In case
the =ECvictim=EE of =ECconversion=EE is a minor, woman or a Scheduled Caste =
or
Scheduled Tribe, the punishment would be more.

-----------------------
#3.

Gujarat Bill No.21 of 1999

THE GUJARAT FREEDOM OF RELIGION BILL, 1999

A BILL
to provide for prohibition of conversion from one religion to another by use
of force or allurement or by fraudulent means and for matters incidental
thereto.

WHEREAS, it is necessary to provide protection to persons against
forced
conversion by fraudulent means.

It is hereby enacted in the Fiftieth Year of the Republic of India as
follows:-

1.(1) This Act may be called the Gujarat Freedom of Religion Act, 1999.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,
(a)'allurement' means offer of any temptation in the form of gift,
gratification either in cash or in kind or any material benefit.
(b) 'conversion' means renouncing one religion and adopting another.
(c) 'force' shall include a show of force or a threat of divine
displeasure
or social ex-communication.
(d) 'fraudulent means' shall include misrepresentation or any othe
fraudent
contrivance.

3. No person shall convert or attempt to convert, either directly or
otherwise any person from one religion to another by use of force or by
allurement or by any fraudulent means nor shall any person abet any such
conversion.

4. Any person contravening the provisions of section 3, shall without
prejudice to any civil liability, be punishable with imprisonment for a term
which may extend to three years or with fine which may extend to Rupees Two
Thousand or with both.

Provided that in case the offence is committed in respect of a minor or a
woman, the penalty shall be double of the penalty provided in this section:

Provided further that in case the offence is committed in respect of
Scheduled Caste or Scheduled Tribe, such offence shall tantamount to an
atrocity on the Scheduled Castes or Scheduled Tribes and the punishment in
such case shall not be less than 3 years imprisonment or fine up to Rs. 5000
or both.

Provided also that the cases under this Act shall be taken up for hearing on
priority basis by special courts to be constituted by the State Government.

5. (1) It shall be the duty of the person performing ceremony of
conversion
and the persons directly or indirectly connected with the conversion to
report all conversions to the Taluka Magistrate and non-compliance of the
provisions of this section shall be punishable with imprisonment for a term
which may extend to one year or with fine which may extend to one thousand
rupees or with both.

(2) The State Government shall investigate and verify any or all cases of
conversions and all persons connected shall have to co-operate and give
information to the best of his knowledge and the contravance shall be
punishable as per the provisions of sub-section (1) of this section.

6. An offence under the Act shall be cognizable and shall not be
investigated by an officer below the rank of an Inspector of Police.

7. No prosecution for an offence under this Act shall be initiated
except by
or with the previous sanction of the District Magistrate.

8. The State Government may, by notification in Official Gazette, make
rules
for carrying out the purposes of this Act.

STATEMENT OF OBJECTS AND REASONS

Conversion in its essence involves an act of undermining one=EDs
faith. The
process becomes all the more objectionable when it is brought about by
taking recourse to methods like allurement force, fraud and exploitation of
one=EDs poverty.

The constitution of India has recognised right of practicing
any faith of
ones conscience and it is to be protected by State Vigilance.

Some times marriage frauds are disguised under conversions. The
provisions
of this Act are also supported by Section 366 to 368 and 493 to 498 of the
IPC where crimes committed against women are protected.

The provisions of this Act are supported by the provisions of
Article 25 of
the Constitution of India.

Hence this Bill.

Gandhinagar
Dt.30-08-1999.
Pro. MANGLBHAI PATEL
M.L.A.

FINANCIAL MEMORANDUM

The provisions contained in the third proviso to clause 4 or the Bill
provides for constituting special courts for disposal of cases under the
Act.

The provisions of the Bill if enacted would involve a recurring annual
expenditures of Rs. 20 Lacs from the consolidated Fund of the State.

Pro. MANGALBHAI PATEL
M.LA.

MEMORANDUM REGRDING DELEGATED LEGISLATION

Clause-8 of the Bill empowers the State Government to make rules to
carry
out the purposes of the Act.

The delegation of Legislative powers as aforesaid is of normal
character.

Gandhinagar
Date: 30-08-1999
Pro. MANGALBHAI PATEL
M.L.A.

-----------------------
#4.
United Christian Forum for Human Rights
CBCI Centre, Ashoka Place, New Delhi 110 001

National Convenor: John Dayal
Address for Correspondence: 505 Media Apartments
Link society, 18 IP Extension, Delhi 110092
Ph 2722262, 2726582, 3715581 Fax 91-11-3350491
Email: johndayal@v...

8 December 1999

PRESS STATEMENT

CONCERN AT DELHI POLICE SURVEY OF CHRISTIAN GROUPS

The following is the text of the letter written to Delhi police
Commissioner Ajai Raj Sharma today after heads of some Catholic and other
institutions in Delhi reported they had been visited by Police officers and
were asked to fill up highly objectionable forms seeking personal and
institutional information. Some of the information sought on the forms is
usually asked of criminals and includes personal details of height,
parentage, `complexion ' (skin colour, and other details).

"We are alarmed at some actions of the Police, particularly in the North
West District where in the last two days, principals of Christian schools,
heads of hospitals and individuals have been questioned by officers of the
Delhi Police, possibly of the Special Branch.

The questions they have asked are entirely irrelevant and raise serious
doubts in our mind as to the motives of the police. Nuns have told us that
the police officers are asking them detailed questions not only on their
background, but also on sources of funds etc. Another Performa that the
Police are using is one perhaps used for hardened criminals.

As you may be aware, the Gujarat High court has made certain rulings in
the context of surveys such as these. Such surveys tend to intimidate the
Sisters, priests, and individuals. In case of individual families who live
in distant areas, they tend to identify them and mark them out, as it were.

The community always takes police permission for its functions, religious
celebrations and public meetings. There can therefore be no reason why
Christian institutions and individuals need be subjected to such surveys by
the Police Special Branch or any other department. Schools and other
Public institutions are well known in their areas and to the local police
stations and police officers. Even if it were a question of the Police
seeking to assure them general security for the Christmas season, it does
not warrant such a survey. We hope you will look into the matter." -- John
Dayal
-----------------------
# 5.
9 Dec. 1999

Invitation from Movement in India for Nuclear Disarmament (MIND)

Dear Friends,
As you know the National Security Advisory Board (NSAB) has brought out a
Draft Nuclear Doctrine (DND) which has grave, indeed dangerous implications
for all matters concerning India's scurity.

The Movement in India for Nuclear Disarmament (MIND) has just brought out
a comprehensive critique of the DND. Given the importance of the issue,
MIND is organising a discussion forum on the DND followed by an open
discussion.

MIND invites you to attend and participate in the discussion which will be
held at the Press Club, 1 Raisina Road, New Delhi-1 between 3.00 pm and
5.00 pm on Friday, Dec. 10, 1999.

Those expected to attend include political leaders and MPs from various
parties both inside and outside the NDA, prominent public citizens,
intellectuals and artists, representatives of NGOs and mediapersons.

We look forward to your participation (MIND members and sympathisers -
please come)

Yours sincerely
Achin Vanaik
On behalf of MIND
-----------------------
#6.
INDIA PAK ARMS RACE AND MILITARISATION WATCH #6
9 Dec, 1999

[1.]
Jane's Defence Weekly
Vol 32 No 23
8 December 1999

IAF Jaguar order
The Indian Air Force (IAF) has ordered 17 Jaguar fighter aircraft from
Hindustan Aeronautics Limited which is to build them in collaboration
with the UK's BAE Systems.

Pakistan to build and export Agosta 90B submarines
Pakistan is planning to start commercial production of the Agosta 90B
submarine, under licence from France's Direction des Constructions
Navales (DCN), with negotiations under way with three countries as
potential buyers.

*******
[2.]
Washington Post
4 December 1999

India-Pakistan Fight Hurts Y2K Plan
By Ashok Sharma Associated Press Writer

NEW DELHI, India -- Early this year, when relations were on an upswing, the
leaders of India and Pakistan pledged to cooperate on sharing technology and
reducing the risk of accidental nuclear war. Three months later, the two
countries were engaged in their worst fighting in almost three decades and w=
ere
on the brink of their fourth full-scale war since both won independence from
Britain in 1947.

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