Nepal Christians Begin Legal Battle for Burial Ground

Hindu group declares country a Hindu state; upper castes seek halt to conversions.

KATHMANDU, Nepal, April 19 (CDN) — With the government refusing to listen to their three-year plea for an official cemetery and ignoring a protracted hunger strike, Nepal’s Christians are now seeking redress from the Supreme Court.

“Every day there are two to three deaths in the community, and with each death we face a hard time with the burial,” said Chari Bahadur Gahatraj, a pastor who filed a petition in the high court on March 13 asking it to intervene as authorities of Nepal’s oldest Hindu temple had begun demolishing the graves of Christians there.

Gahatraj and Man Bahadur Khatri are both members of the newly formed Christian Burial Ground Prayer and National Struggle Committee that since last month began leading a relay hunger strike in a public area of the capital, asking for a graveyard. They said they were forced to go to court after the Pashupati Area Development Trust (PADT), which runs Nepal’s oldest Hindu shrine, the Pashupatinath temple, said it would no longer allow non-Hindus to use the temple’s forested land.

“We don’t want to hurt the sentiments of any community,” Gahatraj told Compass. “Nor are we trying to grab the land owned by a temple. We are ready to accept any plot given to us. All we are asking for is that the burials be allowed till we get an alternate site.”

Judge Awadhesh Kumar Yadav has since ordered the government and PADT not to prevent Christians from using the forest for burials until the dispute is resolved. The legal battle, however, now involves a counter-suit. Hindu activist Bharat Jangam filed a second writ on March 20, saying that since the forest was the property of a Hindu temple, non-Hindus should not be allowed to bury their dead there just as churches do not allow Hindu burials.

Subsequently, the court decided to hear the two petitions together, and yesterday (April 18), the hearings began. While two lawyers argued on behalf of Gahatraj and Khatri, a cohort of 15 lawyers spoke against their petition. The next hearing is scheduled for May 3.

Along with the legal battle, Christians have kept up their relay hunger strike. To step up pressure on the government, the protestors also announced they would lead a funeral march to the offices of the prime minister and the culture minister and hand over coffins to them as a symbolic protest. If that too failed, they warned they would have no option but to go on hunger strike in front of the prime minister’s office and parliament, this time carrying dead bodies with them.

Alarmed at the rate the issue was snowballing, the government finally responded. Yesterday Culture Minister Gangalal Tuladhar opened talks with the protestors, agreeing to continue the negotiations after three days. The government also formed a four-member committee to look into the demand. Currently, Christians are asking for cemetery land in all 75 districts of Nepal.

Protestors were wary of the government’s intent in the overture.

“This could be a ploy to buy time and bury the issue,” said a member of the Christian committee formed to advise parliament on drafting the new constitution, who requested anonymity.

Though the committee formed to look into the Christians’ demand for burial land has been asked to present a report within two weeks, Christians suspect the panel is dragging its feet.

“The new constitution has to be promulgated by May 28, but it does not seem likely that the main political parties will be able to accomplish the task,” the Christian committee member said. “And if the constitution doesn’t materialize in time, there will be a crisis and our problem will be shelved.”

 

Hindu Nation

Adding to their unease, Christians are now facing a redoubled campaign by Hindu groups for the restoration of Hinduism as the state religion, five years after parliament declared Nepal, the world’s only Hindu kingdom, secular.

If the new constitution had been promulgated last year, it would have consolidated secularism in Nepal. But with the country missing the deadline due to protracted power-sharing rows among the major political parties, Christians still feel under threat.

On Thursday (April 14), when the country celebrated the start of the indigenous new year 2068 with a public holiday, the Rastriya Prajatantra Party-Nepal, which seeks the reinstatement of Hinduism as the state religion, kicked off a campaign at the Bhadrakali temple in Kathmandu. As curious onlookers and soldiers patrolling the nearby army headquarters looked on, party members fervently blew into conch shells and rang bells to draw people’s attention to their demand.

The party, which is also seeking the restoration of monarchy, took some oblique shots at the Christian community as well.

“There is a deliberate and systematic attempt by organizations to convert Hindus,” said Kamal Thapa, party chief and a former minister. “These organizations are guided by foreign powers and foreign funds. If the widespread conversion of Hindus is not stopped immediately, we will have to take stern measures.”

Three days later, an umbrella of Hindu groups – the Rastriya Dharma Jagaran Mahasabha (the National Religion Resurrection Conference) held a massive gathering in the capital, declaring Nepal a “Hindu state” and meeting with no official objection. The proclamation came as the climax to a three-day public program calling for the restoration of “the traditional Hindu state.” Several Hindu preachers and scholars from neighboring India attended the program, held on the grounds of the Pashupatinath temple, which is also a UNESCO-declared World Heritage Site.

The “Hindu state” proclamation was the brainchild of Shankar Prasad Pandey, a former member of parliament from Nepali Congress, the second largest party in Nepal, now in opposition. Though Pandey was a sitting Member of Parliament in 2006, when the body unanimously declared Nepal secular, he began opposing the move soon afterwards, leading four campaigns against it nationwide.

“I consider the nation and the Hindu religion to be more important than the party,” said Pandey, known as the MP who began to go barefoot 32 years ago to show solidarity with Nepalese, who are among the poorest in the world. “Over 90 percent of the Nepalese want Nepal to be a Hindu state. However, the government is led by people whose only concern is power and money.”

Pandey’s campaign is supported by Hindu groups from India and the West: Narendranath Saraswati, who is the Shankaracharya or religious head of a prominent Hindu shrine in India’s Varanasi city; Dr. Tilak Chaitanya, chief of a group in the United Kingdom that propagates the Gita, the holy book of the Hindus; and Tahal Kishore, head of a Hindu organization, Radha Krishna Sevashram, in the United States.

Two weeks before the May 28 deadline for the new constitution, Pandey and his followers plan to step up the campaign for a “Hindu state” in the capital. Though Pandey denies it could stir up animosity between the majority-Hindus and Christians – whose minority population is said to have crossed 2 million but is actually only 850,801, according to Operation World – there are fears of religious tension if not outright violence.

The Hindu rallies continue to grow as a pressure tactic. Yesterday (April 18), members of Nepal Brahman Samaj, an organization of “upper castes” from whose echelons temple priests are appointed, fought with security forces in front of parliament house, demanding their rights be respected and an end to conversions.

More Hindutva (Hindu nationalist) campaigning is scheduled on April 29, when the Rastriya Prajatantra Party-Nepal’s Thapa has called for a mass gathering in the capital.  

Report from Compass Direct News
http://www.compassdirect.org

INDIA: WITNESSES RECEIVE DEATH THREATS IN ORISSA TRIALS

State blames 2008 Kandhamal district violence on conversions, ‘reconversions.’

NEW DELHI, July 14 (Compass Direct News) – Nearly 11 months after an unprecedented wave of anti-Christian attacks shook the eastern state of Orissa, a reign of terror continues in the area as the former rioters issue death threats to witnesses.

Of the more than 750 cases filed in various police stations in Kandhamal district and neighboring Gajapati district, only one has resulted in conviction. Some trials are underway amid reports of armed extremists threatening to kill witnesses.

The Rev. Dibya Paricha of the Cuttack-Bhubaneswar Catholic Archdiocese said several witnesses are shrinking away to save their lives. On Thursday (July 9), a witness in Salapsahi village, in the Kasinpadar area under the Phiringia police station, refused to testify in a murder case.

“During the trial, the complainant, the younger brother of the victim, said he did not know anything about the case,” Paricha, coordinator of the Christian Legal Association’s (CLA) legal cell in Kandhamal, told Compass. “The previous day, he had said that he would tell the truth so that the culprits would be punished … From a reliable source we came to know that he was threatened with death.”

On June 30, three men carrying pistols – Sanjeeb Pradhan, Bikram Pradhan and Pratap Pradhan – threatened witnesses in the Gondaguda area of the Chenchedi Gram Panchayat administrative area, under the jurisdiction of the Sarangarh police station in Kandhamal, Paricha said.

The three men have been issuing death threats to witnesses through the area villages, he said.

“I know them [the three gunmen] personally,” Paricha said. “They were living hand-to-mouth until recently, and now they are riding a motor vehicle and threatening the survivors.”

Information on the threats has been provided to the sub-collector (an administrative officer in charge of a sub-district), the sub-divisional police officer and the district collector (administrative head), he said, and a First Information Report has been registered at the Sarangarh police station.

Another witness and complainant in a riot-related case, 55-year-old Batia Digal, was threatened on June 17, said Paricha. Gobida Chandra Pradhan from Piserama village and Shricharnan Mohan Pradhan from Dodaingia village in Raikia area tried to pressure Digal to withdraw the case, in which a local legislator from the Hindu nationalist Bharatiya Janata Party (BJP), Manoj Pradhan, is one of the accused.

The Raikia police station is investigating the case.

On July 4, Christians saw a ray of hope when a fast-track court in Phulbani, Kandhamal district convicted a tribal leader of arson – the first conviction in a 2008 violence case. The court sentenced a 58-year-old Chakradhar Mallick to two years of prison and a fine of 1,000 rupees (US$20). Mallick had burned the house of a Christian, Loknath Digal, and threatened to kill him in August 2008.

But the granting of bail to one of the prime suspects in numerous anti-Christian riot cases – local BJP legislator Pradhan of the G. Udayagiri assembly constituency – on July 6 dampened the spirits of the Christians. Bail was granted for 15 days so that Pradhan could take oath as a member of the new assembly, reported Indo-Asian News Service. Pradhan was arrested in October 2008 on various charges including murder, rioting and arson.

The spate of violence that erupted in Kandhamal in August-September 2008 killed more than 100 people and resulted in the incineration of 4,640 houses, 252 churches and 13 educational institutions. The violence began following the assassination of a Vishwa Hindu Parishad (World Hindu council or VHP) leader, Swami Laxmanananda Saraswati, by a Maoist (extreme Marxist) group. Hindu nationalist groups blamed Christians for the assassination.

Although more than 100 people were killed in the attacks, only 26 murder cases have been registered under Section 302 of the Indian Penal Code. According to CLA statistics, 13 cases were registered in the Raikia police station alone. Five complaints were filed in Tikabali, two each in G. Udayagiri, Sarangada, and Balliguda, and one each in Gocchapada and Phiringia.

At least nine cases were registered for attempted murder: four in Balliguda, two in G. Udayagiri, and one each in Tumudibandha, Phulbani, and Sarangada. Two rape cases were registered, one each in the Phulbani and Balliguda.

Over 550 cases have been filed for arson and looting: 323 in G. Udayagiri alone, 59 in Tikabali, 32 in Raikia, 31 in Gocchapada, 26 in Phulbani, 23 each in Phiringia and Balliguda, 18 in Daringbadi, 10 in Sarangada, four each in Tumudibandha and Kotagarh, and three in Khajuripada.

Around 680 people were arrested in the numerous cases, but some have managed to get bail from courts, according to The Deccan Herald newspaper.

The CLA and a non-profit group, the Human Rights Law Network (HRLN), are providing free legal services to the victims and their relatives in Kandhamal. In neighboring Gajapati district, which also faced numerous anti-Christian attacks in August-September 2008 as fallout of Saraswati’s murder, the All India Christian Council (AICC), in partnership with the HRLN, is providing free legal aid to victims of the violence.

“At least 337 families lost homes or businesses [in Gajapati district],” Dr. Sam Paul, AICC spokesman, told Compass. “[However,] most rehabilitation as well as public attention has focused on Kandhamal district.”

Commenting on the need for legal help in Gajapati, Paul added, “On one single day [in June], the lawyers counselled and drafted petitions for 30 persons.”

The AICC and HRLN are also helping the victims in Gajapati to receive compensation and recover lost identity cards and other documents.

Silence of Inquiry Panel

At the same time, a judicial commission headed by Justice S.C. Mohapatra to probe the August-September 2008 violence submitted a 28-page interim report to the state government on July 1 without blaming any group or organization for the violence.

“Sources of the violence were deeply rooted in land disputes, conversion and re-conversion and fake certificate issues … Suspicion among the scheduled tribe and scheduled caste inhabitants of Kandhamal is the main cause of riots, with the tribals suspecting that Pana Dalits were capturing their land through fraudulent means,” Mohapatra said, according to The Hindu.

Those belonging to the Kui tribe in Kandhamal are mostly Hindu. Christians make up an estimated 16 percent of the 650,000 people in the district, with more than 60 percent of them belonging to the Pana community and classified as “Scheduled Castes,” better known as Dalits (formerly “untouchables”).

The Pana community has been demanding recognition as a tribal community, as Dalits lose their right to government’s affirmative action after they convert to Christianity. The Kui people, however, oppose the demand, as it would increase the number of candidates eligible for government-reserved jobs. Sections of the Kui people believe that Pana Dalits make fake certificates to get the land that can belong only to tribal people.

“I know it will take at least two years to complete inquiry, but the interim report will help the government to make immediate intervention,” added Mohapatra.

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar Catholic Archdiocese told private channel Zee News, “Justice Mohapatra had given remarks on other matters without touching the subject for which the commission was set up, to investigate culpability in the series of attacks on Christians.” Cheenath said that conversion was “not at all” a factor behind the Kandhamal violence.

The National Commission for Minorities in October 2008 had accused the then-ruling state government, a coalition of a regional party, the Biju Janata Dal (NJD) and the BJP, of not controlling the violence. It said that despite knowing that public reaction to the murder of a prominent religious leader like Laxmanananda would be extreme, there was little evidence of action by political and administrative higher-ups in Bhubaneswar, reported The Indian Express daily on Oct. 30, 2008.

In March 2009, the BJD broke its 11-year-old alliance with the BJP, saying it did not want to partner with a “communal” party. The BJD fought and won the April-May state assembly election alone. Chief Minister Naveen Patnaik held the BJP and groups linked with it, such as the Hindu extremist VHP and its youth wing Bajrang Dal, responsible for the violence, according to private news channel CNN-IBN.

Report from Compass Direct News 

SRI LANKA: PARLIAMENT TO VOTE ON ANTI-CONVERSION LAWS

Draft ‘Bill for the Prohibition of Forcible Conversions’ enters final phase.

COLOMBO, Sri Lanka, January 26 (Compass Direct News) – The Sri Lankan Parliament may soon enact laws designed to restrict religious conversions.

A standing committee assigned to consider a draft “Bill for the Prohibition of Forcible Conversions” presented its report to Parliament on Jan. 6, suggesting minor amendments that clear the way for a final vote in February. The provisions of the bill criminalize any act to convert or attempt to convert a person from one religion to another religion by the use of force, fraud or allurement. Those found guilty of breaking the law could be imprisoned for up to seven years and/or fined up to 500,000 rupees (US$4,425).

The Ven. Omalpe Sobitha Thero, a member of the Buddhist Jathika Hela Urumaya party (JHU or National Heritage Party), first proposed the draft in 2004. While the JHU claims the bill is designed to stop unethical conversions, civil rights groups and Christian churches say it will infringe on the constitutional rights of freedom of religion and legitimize harassment of religious minorities.

Buddhists form a 70 percent majority in Sri Lanka, with Roman Catholics constituting 7 percent and Protestant Christians only 1 percent of the population.

After the first reading of the bill in Parliament in August 2004, 22 petitions were filed in the Supreme Court challenging the validity of the draft legislation.

The Supreme Court determined the draft bill to be valid except for clauses 3 and 4(b), which it deemed unconstitutional. These clauses required any person who converted or participated in a religious conversion ceremony to report to a government official and prescribed punishment for failure to report such conversions.

The draft was then referred to a parliamentary standing committee for further review. In its report, presented to the House on Jan. 6, the committee made a few amendments to the original draft in keeping with Supreme Court recommendations. The most notable amendment was the deletion of the need to report conversions and the punishment prescribed for not reporting them.

These amendments paved the way for the draft bill to be passed by a simple majority vote when it is presented for a final reading in Parliament this February.

Chief Opposition Whip Joseph Michael Perera, however, has requested a two-day debate on the draft bill on grounds that it would affect all religions.

 

Fulfilling Campaign Promises

The JHU, founded and led by Buddhist clergymen, made anti-conversion legislation a cornerstone of its debut election campaign in 2004, when it won nine seats in Parliament. With the possibility of an early general election this year, the bill has become a matter of political survival for the JHU.

At a press briefing on Jan. 7, Ven. Ellawela Medhananda Thero, a Buddhist monk and Member of Parliament representing the JHU, called on all political parties to vote in favor of the bill.

“People expected us to fulfill two goals,” he said. “One was to end unethical conversions and the other was to liberate the country from the Liberation Tigers of Tamil Eelam. That is why we entered politics.”

Ven. Medhananda Thero added that the purpose of the bill was to protect all major religions in the country from fundamentalists and unethical conversions.

Sri Lanka’s Christian community and civil rights groups have strongly objected to the draft legislation. Far from stemming alleged forced conversions, they claim the bill will become a weapon of harassment through misapplication, limiting the fundamental rights of thought, conscience and religion. These rights include the right to adopt a religion and the right to practice, observe and teach religion.

The National Christian Evangelical Alliance of Sri Lanka (NCEASL) said in a recent press statement that, “It is our gravest concern that this bill will grant legal sanction for the harassment of religious communities or individuals, and offer convenient tools of harassment for settling personal disputes and grudges, totally unrelated to acts of alleged ‘forced’ conversion.”

 

Banning Compassion

According to Section 2 of the draft bill, the offer of any temptation such as a gift, cash or any other gratification to convert or attempt to convert a person from one religion to another is punishable with up to seven years of prison and a maximum fine of 500,000 rupees (US$4,425) – equal to approximately three years’ wages for the average Sri Lankan citizen.

Sri Lankan Christians have repeatedly expressed concern that key sections of the draft bill are open to wide and subjective interpretation that could criminalize not only legitimate religious activity but also legitimate social action by faith-based organizations or individuals.

“A lady who heads a charitable trust caring for orphans asked if she could be charged under this law, since she is a Christian and some of the children she cares for are not,” a lawyer told Compass. “Many people will now think twice before helping the poor or needy, for fear of being accused of committing a criminal act.”

Ironically, on June 4, 2008, in his address to the new Sri Lankan ambassador to the Holy See, Pope Benedict XVI had acknowledged the Sri Lankan government’s appreciation of the Catholic Church’s charity work in the country.

“Such action is a concrete example of the Church’s willing and prompt response to the mission she has received to serve those most in need,” he said. “I commend any future measures which will help guarantee that Catholic hospitals, schools and charitable agencies can continue to care for the sick, the young and the vulnerable regardless of ethnic or religious background.”

He went on to assure the government that “the Church will continue in her efforts to reach out with compassion to all.”

On Jan. 8, at his traditional New Year meeting with all ambassadors to the Holy See, the pope appeared to be addressing concerns over anti-conversion legislation.

“The Church does not demand privileges, but the full application of the principle of religious freedom,” he said. He also called on Asian governments to ensure that “legislation concerning religious communities guarantees the full exercise of this fundamental right, with respect for international norms.”

Since the first draft anti-conversion bill was presented to Parliament in 2004, the National Christian Council of Sri Lanka, NCEASL and Catholic Bishops Conference of Sri Lanka have repeatedly called for an alternative solution based on inter-faith dialogue with fair representation of all religious communities.

“Enactment of laws to regulate something as intrinsically personal as spiritual beliefs will not contribute towards resolving disagreements and promoting religious harmony,” said Godfrey Yogarajah, executive director of the World Evangelical Alliance Religious Liberty Commission. “On the contrary, it will create mistrust and animosity.”  

Report from Compass Direct News