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UNCLAS SECTION 01 OF 03 NEW DELHI 002291 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KRIF KDEM SCUL CASC IN
SUBJECT: RAJASTHAN ANTI-CONVERSION BILL SLOW TO PASS, 
CONTROVERSIAL 
 
REF: A. NEW DELHI 1818 
     ¶B. NEW DELHI 1953 
 
¶1. (SBU) Summary: Fulfilling a BJP party platform commitment, 
the Rajasthan government introduced an anti-conversion bill 
on March 31 in the state assembly.  Rajasthan Member of 
Legislative Assembly (MLA) Mohammad Mahir Azad (opposition 
Congress Party) predicted to us that the bill will likely 
pass, but not until the "monsoon session" in August.  Human 
rights activists told us that the bill is discriminatory by 
implying conversions from Hinduism fall under the ordinance, 
but conversions to Hinduism do not.  In connection with this 
case, South Asia Human Rights Documentation Center Director 
Ravi Nair commented to us that, while discrimination against 
minorities should not be tolerated, evangelical groups must 
be careful not to disparage Hinduism.  Chief Minister Raje's 
lack of public support for the bill leaves open the chance 
that it may languish in the assembly and die a slow death. 
We have successfully opposed this type of discriminatory 
legislation in the past, and will continue to discourage its 
enactment in Rajasthan.  End Summary. 
 
BJP Has the Numbers to Pass Anti-Conversion Law 
--------------------------------------------- -- 
 
¶2.  (SBU) The BJP introduced an anti-conversion bill, called 
The Rajasthan Swatantrya (Freedom) Act of 2006, in the 
Rajasthan Assembly on March 31.  Congress MLA Mohammad Mahir 
Azad told us it is unlikely to pass this session, because 
bills take a minimum of ten days to move through the 
legislative process, and the current session ends April 7. 
He reported that Congress and Communist MLAs mounted a 
boisterous opposition to the bill, terming this resistance "a 
good sign."  However, he indicated that the BJP, which holds 
almost two-thirds of the seats in the State Assembly, can 
virtually guarantee the bill receives the necessary simple 
majority needed to pass, if its leadership so decides. 
Rajasthani journalist and political pundit Ram Shastri 
reported that the Assembly did not discuss the bill on April 
3, and contended that it will not move during current session 
of the State Assembly. 
 
The Devil is in the Bill's Details 
---------------------------------- 
 
¶3.  (U) The draft bill prohibits "conversion from one 
religion to another by the use of force, allurement, or by 
fraudulent means."  SAHRDC Director Ravi Nair noted that the 
bill is discriminatory due to the way a conversion is 
defined.  The bill states a conversion as "renouncing ones 
own religion and adopting another," but also notes that "ones 
own religion" equates to the religion of one's "forefathers." 
 Our interlocutors noted that this clause treats conversions 
to Hinduism -- believed to be the historical religion of most 
Indians -- as "coming back into the fold" and therefore 
outside of the scope of the legislation. 
 
¶4.  (U) The bill defines allurement as "offering any 
temptation in the form of (a) any gift or gratification, 
either in case or kind, or (b) grant of any material benefit, 
either monetary or otherwise."  Under this wide definition, 
any assistance provided by a religious group to a person 
outside their faith could be deemed to be against the law. 
The bill stipulates a minimum of two years in prison and 
allows for a fine of up to 50 thousand Rupees (USD 1100) for 
breaking the statute.  Under the law, the offense would be 
"non-bailable," allowing authorities to hold suspects in 
 
NEW DELHI 00002291  002 OF 003 
 
 
pretrial detention. 
 
Opposition to the Law Builds 
---------------------------- 
 
¶5.  (SBU) Rajya Sabha Member Raashid Alvi (Congress Party) 
predicted that while Rajasthan Chief Minister Vasundara Raje 
has not been pushing the legislation, without a large-scale 
public outcry, the bill will likely become law.  Explaining 
the limited influence of the central government over state 
issues, he commented that there is little the National 
Congress Party can do to influence the Rajasthan vote.  He 
noted that he would discuss the issue with Congress Party 
Chairman Sonia Gandhi during the week of April 3-7 with hope 
of creating a strategy to oppose the bill.  Alvi suggested to 
us that upcoming US congressional delegations should discuss 
the matter with BJP leaders, including Chief Minister Raje. 
"A display of US displeasure over the anti-conversion bill 
will have a greater impact than a similar act by a member the 
Congress Party," Alvi asserted. 
 
¶6.  (SBU) Bishop of Jaipur O. Lewis reported to us that his 
organization had submitted a memorandum to the Government of 
Rajasthan complaining of attacks on Christian institutions 
and the discriminatory law.  The Deccan Herald reported on 
March 25 that the BJP responded the law was drafted to 
"maintain law and order and to strengthen social harmony." 
 
¶7.  (SBU) SAHRDC Director Nair argued to us that the bill 
"runs contrary to the freedom of religion enshrined in the 
Indian Constitution and in international conventions that 
India is a party to. There is grave risk that it will be used 
to clamp down on minorities and minority institutions." 
Highlighting the recent case against Emmanuel Ministries 
International (EMI) (Ref A and B), he asserted that 
"Rajasthan has been a staging ground for Hindu fundamentalist 
intimidation and harassment of minority communities" and that 
"police action against EMI -- the arrest of its employees, 
the revoking of its license and freezing of its bank accounts 
-- appears arbitrary and disproportionate to the alleged 
offense." 
 
Do Not Stoke the Hindutva Fire 
------------------------------ 
 
¶8.  (SBU) Nair opined that, while political or physical 
attacks on minority groups and institutions cannot be 
condoned, it is also "incumbent upon certain evangelical 
groups to ensure that their legitimate proselytization 
efforts do not take the form of degrading or disparaging 
statements or literature targeting other religions."  He 
remarked that many evangelical Christian groups in India fail 
to acknowledge this difference.  (Note: EMI was accused of 
promoting a book that disparaged Hindu religious practices as 
idolatry.  End Note.)  "Such actions only serve to undermine 
the genuine efforts of those groups that seek to carry out 
humanitarian activities or peacefully propagate their faith," 
Nair concluded. 
 
Comment: Bill is Not a Done Deal 
-------------------------------- 
 
¶9.  (SBU)  Chief Minister Raje's lack of public support for 
the anti-conversion law and calls for religious tolerance 
from others in Rajasthan leave open the chance that the bill 
may languish in the assembly and die a slow death.  In 
Rajasthan, secular, human rights and minority religious 
 
NEW DELHI 00002291  003 OF 003 
 
 
groups continue to publicize the discriminatory nature of the 
bill hoping to build a strong opposition.  We have been 
successful in helping to defeat this type of discriminatory 
legislation in other states in the past and will continue 
oppose its enactment in Rajasthan -- whose state government 
is strongly forward on its relationship with the US.  The 
Embassy will send a letter to Chief Minister Raje registering 
USG concern over the anti-conversion legislation on April 5. 
 
¶10.  (U) Visit New Delhi's Classified Website: 
http://www.state.sgov.gov/p/sa/newdelhi/ 
MULFORD