Gujarat
Bill: Denying Religious Freedom In Freedom's Name
By Yoginder Sikand
21 September, 2006
Countercurrents.org
The
recent passing of a controversial bill by the Gujarat Assembly has,
understandably enough, generated a storm of protest. Ironically called
the Gujarat Freedom of Religion (Amendment) Bill 2006, the Bill, critics
argue, represents a major assault on religious freedom, particularly
of non-Hindus, in Gujarat. The Bill follows closely on the heels of
similar legislative moves on the part of BJP governments in other states
as well that, it is claimed, aim at clamping down on conversion of Hindus
to other religions in the name of upholding 'religious freedom'.
The Bill, critics contend,
is a direct violation of the freedom to practice and propagate religion
as guaranteed by the Indian Constitution. The Bill requires that if
a person wishes to convert to another religion he or she has to first
inform the local district magistrate, who is charged with verifying
his or her case. Why this should be so is beyond one's understanding.
Since religion is an intensely personal matter, between an individual
and the Supreme Being, and a question of one's understanding of the
world and Ultimate Reality, there ought to be no need to inform, leave
alone secure the approval of, anyone about one's change of religious
allegiance, just as one does not need to seek permission or inform anyone
about a change in one's political allegiance, culinary habits or dress
code, equally personal issues. Rather than promoting religious freedom,
as the Bill ostensibly seeks to, this clause can easily be used to suppress
it. Informing anyone, including a government functionary, before one's
conversion can easily lead to pressure, witch-hunting and persecution
by those, such as Hindutva supporters, within the governmental apparatus
and in society at large who are vehemently opposed to Hindus converting
to other religions. This is no mere speculation, for such persecution
of religious converts and those seeking to convert has been happening
on a frighteningly large scale in recent years.
In large measure, the Bill
reflects the fierce opposition of the Hindutva lobby, and, more generally,
of many 'upper' caste Hindus, to the struggles for emancipation of the
dominated and marginalized castes, who have historically accounted for
the vast majority of converts to various non-Hindu religions in India.
The history of religious conversion movements in India is, by and large,
the story of numerous struggles of Dalits, Adivasis and other similarly
oppressed caste groups seeking a new, more positive identity for themselves
that Brahminical Hinduism has denied them. Brahminical Hinduism has
branded these communities, who, together, form the vast majority of
the Indian population, as 'low' and 'despicable', as is evident in almost
all the key Brahminical texts. The subordination of the oppressed castes
that Brahmincal Hinduism clearly legitimises is central to the maintenance
of the hegemony of the 'upper' caste Hindu elite. In protest against
Brahminical chauvinism, large numbers of people from the oppressed castes
have chosen religious conversion as a powerful means of protest. This
explains why the majority of non-Hindus in India, including Christians,
Muslims, Buddhists and Sikhs, are of oppressed caste background. Even
today, most converts to non-Hindu religions are from these castes.
Since conversion to non-Hindu
religions is a potent symbol of defiance of the caste system and 'upper'
caste religious, cultural, social and economic oppression, it is obvious
that many 'upper' caste Hindus, including those affiliated to the Hindutva
lobby that defends 'upper' caste privilege while claiming to speak on
behalf of all 'Hindus', are vehemently opposed to the freedom of Hindus,
particularly those branded as 'low' caste, to convert to other religions,
because it threatens 'upper' caste hegemony.
At the same time, ironically,
the Hindutva lobby is a vociferous advocate of the conversion of non-Hindus
to Hinduism, or what it calls shuddhi ('purification', reflecting, probably,
the Brahminical belief that non-Hindus are 'impure') or 'ghar vapasi'
('returning home'). Not much is talked about this in the press, which
prefers to focus, instead, on conversions to Christianity and Islam.
But this agenda is real enough. To cite just one instance, a recent
article in the RSS-mouthpiece Organiser (17 September, 2006) by a certain
Ravi Shanker Kapoor, bearing the revealing title 'Shuddhi Movement Needed:
Hindus Should Promote Religious Conversion', exhorts Hindus to convert
Indian Muslims to Hinduism. Conversions of Muslims, and, to a greater
extent, Christians, to Hinduism has been happening in India in recent
years. Predictably, these have been lauded, rather than condemned, by
Hindutva advocates of a ban on or strict regulation of religious conversion.
A crucial issue in the conversion
debate is the question of who precisely is a Hindu. There is no ready,
textbook definition of what Hinduism is or what a person needs to believe
or practice in order to be considered a Hindu. Most often, attempts
at producing such a definition project Brahminical Hinduism as laying
down what Hinduism is all about. This, of course, ignores the religious
traditions of vast numbers of Dalits and Adivasis, which, on crucial
points, have nothing to do with Brahminical Hinduism and are diametrically
opposed to it. And if Brahmnical Hinduism comes to be seen as defining
Hinduism, large numbers of people from the oppressed castes can hardly
be said to be Hindu at all, or, at the very most, 'imperfect' Hindus.
Almost all the classical
Brahminical texts do not even once mention the word 'Hindu', and for
centuries the dominant castes did not consider Dalits, Adivasis and
other such oppressed castes as fellow Hindus in practical terms. Even
today, widespread prejudice against the oppressed castes makes the notion
of Hindus as a single community, united by a feeling of brotherhood,
equality and oneness, quite meaningless in empirical terms. It is the
British who first categorized Hindus as a single community, but the
definition they deployed was a negative one: Indians who were not Muslim,
Christian, Jew, Buddhist, Sikh or Jain were treated as 'Hindus'. It
was thus by default that Dalits and other such oppressed castes came
to be considered as 'Hindus' in the administrative or legal sense of
the term. In actual fact, however, in large parts of India these caste
groups are still not treated by 'upper' caste Hindus as co-religionists
ideally should be. Hence, to argue that Dalits or Adivasis converting
to, say, Christianity, are abandoning Hinduism is problematic, to say
the least.
The Indian state, following
the British, continues with this definition of 'Hindu', thus effectively
converting to an amorphously-defined Hinduism large numbers of Dalits
and Adivasis, whose 'Hinduness' is doubtful going by what the Brahminical
scriptures teach and by the practice and attitudes of many 'upper' caste
Hindus. An ostensibly secular state has, therefore, taken on itself
the right to define what and who is a Hindu. One can easily discern
in this creation by the state of the legal definition of a single Hindu
community the 'upper' caste Hindu quest for the preservation of caste
Hindu hegemony. This legal definition of a Hindu has created the notion,
not seriously sustainable empirically, of Hindus as the 'majority' community,
by co-opting Dalits, Adivasis and so on, into the 'Hindu' fold. This
definition and the logic of Hindu majoritarianism is then used in different
ways to legitimize the domination of the 'upper' caste minority, with
the 'upper' castes presenting themselves and accepted by the 'upper'
caste-dominated state and society state as the spokesmen of the entire
Hindu community as it has come to be legally constructed. And to further
sustain 'upper' caste hegemony, Dalits, Adivasis and other such marginalised
communities are subjected to what is effectively a process of religious
conversion to Brahminical Hinduism, subtly, through the state, which
insists on defining them as Hindus, through the Hinduised state education
system and, more overtly, through a range of 'upper' caste-led religious
groups, including those associated with the Hindutva lobby, through
roving ' sadhus', bhajan-mandalis and temples that are, in a planned
way, being actively promoted among these communities. In this regard,
why, one might well ask, is it that the ongoing religious conversion
of such communities to Brahminical Hinduism is not considered a form
of religious conversion that the Gujarat Bill ostensibly seeks to control.
The answer, of course, is obvious: the framers of the Bill probably
seek to prevent conversion to non-Hindu religions while remaining silent,
if not encouraging, non-Hindus to convert to Hinduism.
Another related problem with
the arrogation by the state of the right to decide what or who as Hindu
is, critics of the Bill point out, relates to the Bill's arbitrary and
unwarranted clubbing of Jains and Buddhists as 'Hindus'. Gujarat's Minister
of State for Home, Amit Shah, who introduced the Bill, is on record
as having arbitrarily announced that Jainism and Buddhism were 'construed
as parts of Hinduism'. How and why the state, especially one that claims
to be secular, should have that right is a crucial question. Numerous
Buddhists and Jains do not consider themselves as Hindus, particularly
in theological terms. The state, therefore, has no right to declare
them so against their will. Indeed, Indian history is replete with instances
of bloody persecution by Brahmins and their royal supporters of Jains
and Buddhists, declaring them to be anti-Vedic heretics. Brahminical
hatred for Jainism and Buddhism was rooted in the fact that these two
religions, in their inception, were stiffly opposed to Brahminical hegemony
and the oppression of the non-Brahmins that classical Hinduism legitimised.
Clubbing together these religions with Hinduism is thus a clever means
to deny their separate identity, paper over their historical contradictions
with Brahminism, and, ultimately, to absorb them into the Hindu fold.
In a sense, this is tantamount to another form of religious conversion
but on a massive scale—converting entire religious traditions
and their followers to the status of mere branches of the amorphous
Hindu religion and community.
Clearly, then, the Gujarat
Bill is deeply flawed. It is an assault on religious freedom while claiming
to protect it. It is a violation of the right of marginalized communities
to struggle for new, more positive identities that Brahminical Hinduism
has denied them. It is a subtle means for preserving 'upper' caste hegemony
and stave off threats to it. It is also a devious means to co-opt large
numbers of non-Hindu Jains and Buddhists into the Hindu fold against
their will. In short, those denouncing the Bill are amply justified
in their opposition.
The author works with the Centre for Jawaharlal Nehru Studies, Jamia
Millia Islamia, New Delhi. He moderates an online discussion group 'South
Asian Leftists Dialoguing With Religion' ( http://groups.yahoo.com/group/saldwr/)