Why the revival of a 46-year-old anti-conversion law has pushed Arunachal Pradesh into turmoil

In 1978, Arunachal Pradesh became the third Indian state to enact an anti-conversion law. The Arunachal Pradesh Freedom of Religion Act, 1978, had the explicit aim of “countering proselytisation by Christian missionaries”.

For four decades, however, the rules of the law were not notified because of how contentious it was.

In 2018, Chief Minister Pema Khandu even promised to repeal the law, arguing it “undermined secularism” and was biased against Christians.

But last December, the ruling Bharatiya Janata Party government went back on its word. It announced that the rules of the 46-year-old legislation would be framed “to preserve indigenous faiths and cultures”.

Christian groups reacted sharply, warning that if implemented, it would “cause havoc and unrest and an unprecedented law and order situation in the entire state of Arunachal Pradesh”.

Protests for and against the bill are intensifying in the state. On March 6, thousands of Christians in Arunachal Pradesh gathered in Itanagar to protest the decision to implement the law, after they were denied permission to stage a protest at the Assembly.

The Indigenous Faiths and Cultural Society of Arunachal Pradesh or IFCSAP, which advocates the revival of ancient tribal belief and faith systems, too has taken out several rallies pushing for an early implementation of the legislation.

Observers in the state said the developments were worrying, and signs of a creeping Hindutva agenda. Bengia Ajum, a senior journalist based in Itanagar, said, “In Arunachal Pradesh, we [identify] more with our clan and tribe [irrespective of religion], but this law is dividing people on religious lines. This is uncharted territory for us.”

For decades now, Arunachal Pradesh’s demography has been in a churn. The followers of indigenous faiths such as Donyi Polo, Rangfraa and Amik Matai have declined from 63.46% of the population in 1971 to 26.20 % in 2011, according to Census figures.

The population of Christians has grown, from less than 1% in 1971 to 30% in 2011, making them the single-largest religious community. Hindus are the second largest group in the state, accounting in 2011 for 29.04% of the state’s total population of 13.84 lakh, a rise from 21.99 % in 1971.

In this backdrop, the resurrection of the anti-conversion law risks pitting two communities against each other and widening the religious fault lines in the state, said observers. “The law has created fear and apprehension among Christian people,” Topi Basar, who teaches law at Rajiv Gandhi University, Itanagar, told Scroll. “The peaceful balance amongst various religious communities is most likely to get disturbed with the implementation of the anti-conversion law in an abrupt manner.”

Ajum pointed out that Christians are afraid that the anti-conversion law will be followed by an attempt to strip them of Scheduled Tribe status, a demand of several affiliates of the Rashtriya Swayamsevak Sangh. The Indigenous Faiths and Cultural Society of Arunachal Pradesh has in the past made similar demands.

The court order

In its defence, the ruling Bharatiya Janata Party government has said that it is only following the orders of the Gauhati High Court.

In 2022, advocate Tambo Tamin filed a public interest litigation with the Itanagar bench of the Gauhati High Court, asking it to direct the state government to frame rules for the anti-conversion law.

Tabin was at the time the general secretary of the Indigenous Faiths and Cultural Society of Arunachal Pradesh, the organisation that has been pushing for the implementation of the anti-conversion law and is widely believed to be backed by the RSS.

Asked to respond to the petition, the advocate general of Arunachal Pradesh told the court on September 24 that the draft rules had been framed and would be finalised in another six months.

On September 30, the high court closed the petition, directing the government to keep to its own deadline.

James Techi Tara, general secretary of the Arunachal Christian Forum, said it was misleading on part of the state government to ascribe the decision to the high court. “The court did not direct it to frame the rules,” he said. “It simply asked about the status of the rules. They filed a reply in the affidavit saying that the rules are being framed.”

Many observers have questioned the role of the Indigenous Faiths and Cultural Society of Arunachal Pradesh in this matter.

Tongam Rina, an editor with Arunachal Times, alleged that the IFCSAP was “an extension of the RSS in Arunachal”. “The RSS is [pushing its agenda] through it,” she said, adding that the way in which the matter reached the court “was quite calculated.” Earlier this month, RSS chief Mohan Bhagwat met with members of the organisation during a visit to the state, triggering more anxiety in the state.

Pai Dawe, vice president of the organisation, was dismissive of such allegations. “If the Sangh raises its voice for us, it is good for us,” he said. “But if it was behind us, why did we need to go to court?”

Why the act is contentious

The Arunachal Pradesh Freedom of Religion Act or APFRA was passed in 1978, when Arunachal Pradesh was a union territory under a Janata Party government.

Political scientist Pralay Kanungo pointed out that the passage of the law was preceded and followed by violence against Christians, and attacks on churches. “The law was not introduced in a vacuum,” Kanungo told Scroll. “The violence that preceded the law can’t be de-contextualised.”

The law prohibits “conversion [or attempt to convert someone] from one religious faith to any other religious faith by use of force or inducement or by fraudulent means”. Such an act can be punished by imprisonment up to two years or a fine of Rs 10,000. All offences under the law are cognisable.

Legal experts said the law’s provisions could be misused. “The law is very loosely drafted,” Itanagar-based advocate Ebo Mili told Scroll. “Anyone [and not just relatives of a person being converted] can complain and on that basis arrest can be made. It can be a political tool.”

James Techi Tara, from Arunachal Christian Forum, said the phrase “attempt to convert” in Section 3 of Act is liable to be “misused and abused”. “In the absence of a clear-cut definition of ‘attempt’, any religious conduct/ceremony /propagation may be objected to. This can lead to chaos and unrest and complete anarchy in the society,” the Arunachal Christian Forum said in a memorandum to the chief minister.

Moreover, Section 5 of the law makes it mandatory to intimate the deputy commissioner if anyone converts to another religion. Failure to do so could lead to imprisonment up to a year or a fine.

“The practice of religion is a private and personal matter,” said Tara. “But here we have to obtain permission from the district magistrate to become Christian, inform them of a conversion ceremony 15 days ahead, and keep data on who is becoming Christian. This is contradictory to the Constitution of India.”

Basar, who teaches Law at Rajiv Gandhi University, Itanagar, told Scroll that a special legislation was not needed to address forcible conversions. Existing provisions of the Indian Penal Code as well as the Bharatiya Nyaya Sanhita can be invoked in such cases, she said. “Even if made, such a law has to pass the test of the Constitution.”

‘Imposition of one religion’

However, the representatives of indigenous faith argue that the act is needed to protect indigenous cultures and religious beliefs.

“We are not against those who convert willingly as per their wishes. We are concerned about the forceful conversion,” Pai Dawe, vice president of Indigenous Faith and Cultural Society of Arunachal Pradesh, said. “Conversions have taken place at gun point or through emotional blackmail. But these are not reported due to lack of the rules. In the name of providing healing, many innocent indigenous people are converted. The act will act as a shield against mass conversion.”

Many observers of the state, however, argue that the RSS, through its network of schools and shakhas, has also steadily tried to Hinduise the indigenous faiths.

A political observer from the state, who did not want to be named fearing repercussions at home, said that “tribal and indigenous beliefs and faiths have been threatened by both religions – Hinduism and Christianity”. “Christian missionaries directly convert individuals, while the RSS indirectly influences tribal beliefs, gradually integrating them into Hinduism by altering or diluting their original faith practices.”

Ajum, the Itanagar-based journalist said: “A section of followers of indigenous faiths have been brainwashed by the RSS to believe that this law is the only thing to protect the indigenous people. But I absolutely refuse to believe that. Our faith is safe and will remain forever.”

Social scientist Walter Fernandes told Scroll that on the pretext of preserving indigenous faiths, the RSS was pushing for the “imposition of a single religion, single culture on Arunachal Pradesh”. “They need to control this border area and they think that imposition of a single religion will make the people Indian,” he said.

Ajum pointed out that the law threatens to change the fluid understanding of faith in Arunachal Pradesh and harden religious identities. “Arunachal is unique. I follow the indigenous faith but my uncle is a Christian believer,” he said. “For us, religion is a secondary thing, our tribal identity is the main thing. The law is dangerous because it not only divides communities but also families.”

He said that if the “sinister design of the Sangh Parivar” is carried out, and if the law ends up creating more animosity between groups, “it may create a Manipur-like situation”.