Nepal’s criminalisation of conversion seems to protect Hinduism at the expense of other religions.

Three years on from the date that Nepal adopted its new constitution, there are concerns about its ‘anti-conversion’ clause, which seemed designed to specifically protect Hinduism at the expense of other religions.

The clause, in Article 26 (3) of the constitution, states:

“No person shall, in the exercise of the right conferred by this Article, do, or cause to be done, any act which may be contrary to public health, decency and morality or breach public peace, or convert another person from one religion to another or any act or conduct that may jeopardize other’s religion and such act shall be punishable by law.”

These provisions were strengthened in the Penal Code 2017 which came into force in August 2018. Section 158 states that “No person shall convert any one from one religion to another or make attempt to or abet such conversion”  and carries a punishment of up to five years imprisonment and a fine of up to fifty thousand rupees.

The criminalisation of conversion is a direct infringement on freedom of religion or belief as it robs individuals of the right to change their religion. These provisions also threaten the right to freedom of expression as they could be used to prohibit a range of legitimate expressions of religion or belief such as charitable activities or speaking about one’s faith.

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Video Footage Shows Stark Reality of Physical attacks on India’s Religious Minorities

Recent years have seen a worrying, increase in attacks against religious minorities in India. Even as the country marks the 68th anniversary of the constitution, which guarantees the freedom to profess, practice and propagate religion, there is evidence that there has been a dramatic rise in tensions between religious groups, due in large part to the validation of Hindu nationalism propagated by the ruling Bharatiya Janata Party (BJP) party, guided by the Rashtriya Swayamsevak Sangh  (RSS), its ideological wing.

Recent video footage obtained by CSW of a physical attack against two Christians portrays the stark reality for many religious minorities in India today.

VIDEO: Two church leaders from Full Gospel Pentecostal Church in Kadamalaikuntu, Tamil Nadu are seen here being threatened, ridiculed and forcefully detained by six men on motorbikes as they attempted to leave a village after distributing Christian tracts. They also had sacred ash forcefully applied on them.

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Rosie Costa

Rosaline (Rosie) Costa, a Bangladeshi human rights activist, was forced to leave the country in July 2016. In 2017, CSW interviewed her in New York. During the interview, Rosie discussed the reasons she had to leave Bangladesh, and shed light on issues of religious freedom in the country.

Rosalind Costa

Rosie’s involvement in human rights work began in 1986, after she left the community of nuns to which she belonged for 17 years to pursue human rights work. She spent time working with women and children in the garment industry, establishing a hostel for rescued children who had been forced into madrasas (colleges for Islamic instruction), and speaking around the world about issues faced by minorities and particularly Hindus.

Forced To Flee

While Rosie had been no stranger to risk in her work, her fears for her safety grew following a number of killings of Christians in Bangladesh, perpetrated by people claiming to belong to Daesh. “I realised that I was being followed by some people, that’s when I left the country … I saw how the people were killed, so if something was to happen to me nobody would be able to rescue me from these people.”

For years prior to her enforced departure, Rosie faced many challenges. “I received threats when I worked for the garment industry. On many occasions the owners came to pick me up, or sent hoodlums to pick me up, once they broke my hip bone. I have been physically attacked several times, for several nights I got threatening phone calls and I realised it was not safe to stay there anymore because of the way they were killing people in their houses and on the street.”

When asked how she felt about being forced to leave Bangladesh, she replied “I feel I am dead in a way, because I had my livelihood there.”

Rosie also believes that the government has continued to monitor her.

Forced Conversion

Since 2012, Rosie has been involved in rescuing children who were being forced to convert to Islam. She offered some insight into this situation:

“Children were being taken from their parents by pimps who said they would take them to mission schools and they would not have to spend any money on these children. They were taken to madrassas, where they had to sign a paper saying that they had converted to Islam and were ready to die for Islam. They were then split into groups and sent to various madrassas. Most of the children are Christians. I know of over 500 cases of this that took place in 2012. There are many forced marriages every year. I heard of cases of children as young as four or five being kidnapped.”

Extremism

Rosie also highlighted how radical Islam has been a growing problem in the country.

“We have around 147 groups in Bangladesh under various names that are related to Islamic State. Since 2015 they have targeted Christians, many priests and nuns have received death threats. None of the perpetrators have been arrested or even pursued. Last year I think there were 8 or 9 cases where they attacked missions in groups.”

“Recently Islamist terrorists have been attacking journalists, and writers. In the beginning minorities such as Hindus, Buddhists, and Shi’as were the main targets and were regularly killed.”

Religious Minorities

When asked to describe the current situation for the Christian community in Bangladesh, Rosie replied:

“The Christians are having more and more serious problems which I did not see in earlier times. Before 2000, there was one incident in 1998 in which time bombs were thrown into one church, and after that a few similar cases. In 2013-14 there were a few more incidents, but 2015 was worse and it has been getting worse ever since. People are being identified by their religion and as a result are discriminated against by the government as well as by other groups.”

The situation of Hindus is not much better:

“Hindus have been having continuous problems since 1946, but things are getting worse. The main issue is land owned by the Hindus from the days of Hindu majority regions in Bangladesh. Those are the places that are being targeted because if they can evict the Hindus, they will go to India and will be unable to get the land back.”

Government Inaction

The current government is not directly responsible for the problems faced by religious minorities, but its inaction is an issue. CSW asked Rosie what could be done to improve the situation for minorities:

“By not doing anything, the government are indirectly supporting these extremist groups. At this point, unless the government changes the policy and takes some stern actions or decisions to stop this extremism, I don’t think there will be any development in this situation and it will get worse and worse. The prime minister has hardly done anything thus far, not a single arrest has been made, that is why I think extremism is increasing.”

While Rosie was skeptical that the government would bow to international pressure, she thought there were measures that could be taken to improve the situation of the minorities, especially if pressure came from countries giving aid to Bangladesh. For example, the government could recruit people from minorities in every sector, from administration to the army and police. She also suggested a reform of the education system, removing bias religious education materials from schools.

Rosie’s Inspiration

When asked whether there was anything that encouraged or inspired her in her work, Rosie said she was a “peacemaker” and that was her “inspiration and internal peace”, adding, “that’s what I have burned for my whole life: when people came to me with tears and left with smiling faces that was a success.”

By Ellis Heasley, CSW’s Advocacy Assistant

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Uncertainty for Religious Minorities as Nepal Celebrates First Anniversary of its Constitution.

Notes to Editors: The eight Christians in Charikot, eastern Nepal were acquitted of all charges on 6 December 2016


“For the last two years we have been unsure about how long the doors will be open for us to practise our faith freely. We were not expecting this level of harassment”. Tanka Subedi, Christian leader and human rights defender, Kathmandu, Nepal

On 21 September, eight Christians in Charikot, eastern Nepal will attend their next (and possibly final) court hearing – one day after Nepal marks the first anniversary of the promulgation of its long awaited constitution. They all face charges of attempting to convert children to Christianity through the distribution of a comic book which explains the story of Jesus.

Bimal Shahi, Prakash Pradhan and Shakti Pakhrin of the Charikot group spent together 9 days in jail accused of illegal conversation because of the distribution of a small pamphlet "The Great story" with the story of Jesus explained for children

Bimal Shahi, Prakash Pradhan and Shakti Pakhrin from Charikot holding copies of “The Great Story”comic book. Photo Credit: Giulio Paletta/CSW 2016, Nepal

The arrests took place in June 2016, following two trauma counselling sessions organised by Teach Nepal, a Kathmandu-based non-governmental organisation (NGO). The sessions sought to address the psychological needs of children affected by the earthquakes that hit Nepal in April 2015 and were held on 8 and 9 June in two schools in Charikot: Modern Nepal School and Mount Valley Academy. When they finished, the organisers distributed a small gift pack to the children, which included a handkerchief and a 23-page comic book entitled The Great Story.

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