{"pages":{"426":{"imagePath":"H:\\web_projects\\corpus-web\\electron-app\\data\\5e07978430078cb56ea89a104e5a0c0e50b3aa1618e48c486c8af005ae015143\\raw\\pages\\00450-546d16afff694b4874f1.webp","width":1170,"height":1680,"segments":[{"text":"426","box":{"x":126,"y":171,"width":59,"height":18}},{"text":"HISTORY OF CHRISTIANITY IN INDIA","box":{"x":353,"y":171,"width":481,"height":21}},{"text":"198. HIGH COURT JUDGEMENT ON THE ORISSA","box":{"x":178,"y":251,"width":822,"height":24}},{"text":"FREEDOM OF RELIGION ACT OF 1968 (1972 A.D.)","box":{"x":207,"y":284,"width":763,"height":27}},{"text":"In the late 1960s two states, Orissa and Madhya Pradesh, passed","box":{"x":224,"y":342,"width":773,"height":25}},{"text":"similar legislation severely limiting, in the eyes of most Christians in","box":{"x":182,"y":365,"width":817,"height":29}},{"text":"India, the constitutional right to freely propagate religion. Acting","box":{"x":182,"y":389,"width":817,"height":28}},{"text":"upon a suit filed by certain Protestants and Roman Catholics, the","box":{"x":181,"y":413,"width":817,"height":31}},{"text":"Orissa High Court in 1972 declared the Orissa Freedom of Religion","box":{"x":181,"y":439,"width":816,"height":27}},{"text":"Act 2 of 1968 to be unconstitutional. Though the High Court ruling","box":{"x":181,"y":466,"width":820,"height":24}},{"text":"was eventually overturned and the Act declared valid by the Supreme","box":{"x":181,"y":490,"width":817,"height":29}},{"text":"Court of India, the judgement of the Orissa High Court, extracts","box":{"x":181,"y":512,"width":817,"height":29}},{"text":"of which are reproduced here, makes clear the concerns of Indian","box":{"x":183,"y":538,"width":816,"height":28}},{"text":"Christians concerning this type of legislation. The judgement is","box":{"x":182,"y":562,"width":816,"height":29}},{"text":"published in toto in the National Christian Council Review, Vol.","box":{"x":183,"y":589,"width":816,"height":29}},{"text":"XCII, No. 12 (December 1972), pp. 499-517.","box":{"x":183,"y":614,"width":560,"height":25}},{"text":"7. Sections 2, 3, and 4 are the material provisions of the Act","box":{"x":181,"y":676,"width":866,"height":32}},{"text":"with reference to which the vires thereof is attacked. These are","box":{"x":130,"y":700,"width":917,"height":32}},{"text":"those provisions:","box":{"x":134,"y":736,"width":244,"height":29}},{"text":"2. Definitions:","box":{"x":134,"y":797,"width":223,"height":29}},{"text":"In this Act unless the context otherwise requires:","box":{"x":182,"y":837,"width":682,"height":29}},{"text":"(a)","box":{"x":209,"y":881,"width":46,"height":29}},{"text":"'conversion' means renouncing one religion and adopt-","box":{"x":279,"y":877,"width":767,"height":31}},{"text":"ing another;","box":{"x":266,"y":908,"width":175,"height":29}},{"text":"(b) force' shall include a show of force or a threat of injury","box":{"x":216,"y":944,"width":833,"height":34}},{"text":"of any kind including threat of divine discipline or social","box":{"x":267,"y":971,"width":782,"height":32}},{"text":"excommunication;","box":{"x":266,"y":1002,"width":260,"height":28}},{"text":"(c) 'fraud' shall include misrepresentation or any other","box":{"x":216,"y":1040,"width":833,"height":32}},{"text":"fraudulent contrivance;","box":{"x":269,"y":1069,"width":325,"height":25}},{"text":"(d) inducement' shall include the offer of any gift or grati-","box":{"x":213,"y":1104,"width":836,"height":35}},{"text":"fication, any benefit, either pecuniary or otherwise.","box":{"x":269,"y":1134,"width":690,"height":32}},{"text":"3. Prohibition of forcible conversion :","box":{"x":137,"y":1200,"width":518,"height":27}},{"text":"No person shall convert or attempt to convert, either directly or","box":{"x":179,"y":1242,"width":872,"height":34}},{"text":"otherwise, any person from one religious faith to another by the","box":{"x":139,"y":1269,"width":914,"height":34}},{"text":"use of force or by inducement or by any fraudulent means nor shall","box":{"x":136,"y":1297,"width":915,"height":32}},{"text":"any person abet any such conversion.","box":{"x":140,"y":1327,"width":509,"height":32}},{"text":"4. Punishment for contravention of the provisions of section 3:","box":{"x":136,"y":1390,"width":887,"height":31}},{"text":"Any person contravening the provisions contained in section 3","box":{"x":183,"y":1433,"width":872,"height":35}},{"text":"shall, without prejudice to any civil liability, be punishable with","box":{"x":143,"y":1462,"width":912,"height":34}},{"text":"imprisonment of either description which may extend to one year","box":{"x":143,"y":1490,"width":911,"height":32}},{"text":"or with fine which may extend to five thousand rupees or with both;","box":{"x":141,"y":1519,"width":910,"height":31}}]},"427":{"imagePath":"H:\\web_projects\\corpus-web\\electron-app\\data\\5e07978430078cb56ea89a104e5a0c0e50b3aa1618e48c486c8af005ae015143\\raw\\pages\\00451-cc6f19e999e6b5829391.webp","width":1170,"height":1680,"segments":[{"text":"SOURCE MATERIALS","box":{"x":428,"y":164,"width":246,"height":18}},{"text":"427","box":{"x":980,"y":167,"width":57,"height":17}},{"text":"Provided that in case the offence is committed in respect of a","box":{"x":158,"y":211,"width":876,"height":34}},{"text":"minor, a woman or a person belonging to the Scheduled Castes or","box":{"x":112,"y":239,"width":922,"height":32}},{"text":"Scheduled Tribes, the punishment shall be imprisonment to the","box":{"x":109,"y":267,"width":926,"height":36}},{"text":"extent of two years and fine up to ten thousand rupees.","box":{"x":112,"y":296,"width":768,"height":36}},{"text":"Section 5, makes any offence under the Act cognisable and section","box":{"x":159,"y":352,"width":875,"height":32}},{"text":"6 makes prosecution conditional upon sanction of the prescribed","box":{"x":112,"y":378,"width":924,"height":35}},{"text":"authority.","box":{"x":113,"y":406,"width":141,"height":27}},{"text":"Counsel for the petitioners have conceded during argument that","box":{"x":154,"y":463,"width":880,"height":35}},{"text":"Christianity does not approve of force' or 'fraud as methods of","box":{"x":111,"y":490,"width":925,"height":29}},{"text":"conversion. It has been indicated in the written note submitted","box":{"x":112,"y":515,"width":921,"height":32}},{"text":"by counsel that any conversion obtained by such process is void.","box":{"x":110,"y":545,"width":921,"height":36}},{"text":"Objection, however, is raised to the language used in the definition","box":{"x":108,"y":571,"width":922,"height":35}},{"text":"'fraud' and 'force'. It is stated that each of these two words,","box":{"x":111,"y":601,"width":919,"height":34}},{"text":"apart from being common place, has a known connotation having","box":{"x":108,"y":628,"width":924,"height":35}},{"text":"been used in the Penal Code for over a hundred years. Section 349","box":{"x":109,"y":656,"width":919,"height":34}},{"text":"of the Code defines 'force' while section 25 defines 'fraudulently'.","box":{"x":108,"y":685,"width":921,"height":35}},{"text":"(e.g. section 366-A and 415 I.P.C.). These words have received","box":{"x":106,"y":712,"width":922,"height":34}},{"text":"authoritative treatment in several judgements of Courts. If the","box":{"x":110,"y":740,"width":919,"height":36}},{"text":"impugned Act intended to prohibit the use of force' or 'fraud","box":{"x":112,"y":768,"width":900,"height":34}},{"text":"as methods of conversion, mere reference to the words should have","box":{"x":110,"y":793,"width":917,"height":34}},{"text":"been enough. On the other hand, by giving extended meaning to","box":{"x":108,"y":823,"width":919,"height":34}},{"text":"the words, interference with the Christian religion has been caused.","box":{"x":105,"y":852,"width":921,"height":32}},{"text":"It is true that 'force' as defined in the Code refers to physical","box":{"x":154,"y":909,"width":872,"height":32}},{"text":"force while the definition under the Act extends the scope. Threat","box":{"x":108,"y":936,"width":921,"height":32}},{"text":"of divine displeasure' or 'social excommunication are said to","box":{"x":105,"y":962,"width":921,"height":31}},{"text":"constitute the extension of the concept. The petitioners have","box":{"x":105,"y":990,"width":921,"height":35}},{"text":"contended that people from the down-trodden sections of society","box":{"x":103,"y":1019,"width":922,"height":34}},{"text":"ordinarily take to Christianity as an escape. It is in this background","box":{"x":102,"y":1045,"width":924,"height":34}},{"text":"that the legitimacy of the purpose the extension of the definition","box":{"x":105,"y":1073,"width":921,"height":34}},{"text":"-falls to be determined. Threat of divine displeasure numbs the","box":{"x":98,"y":1103,"width":926,"height":34}},{"text":"mental faculty; more so of an undeveloped mind and the actions of","box":{"x":104,"y":1131,"width":921,"height":31}},{"text":"such person thereafter are not free and according to conscience.","box":{"x":103,"y":1158,"width":922,"height":32}},{"text":"Social excommunication is a serious malady and forces the excom-","box":{"x":102,"y":1183,"width":919,"height":36}},{"text":"municated to live a hazardous life. The extended meaning given","box":{"x":99,"y":1212,"width":924,"height":35}},{"text":"to the word 'force' does not seek to import anything very foreign","box":{"x":102,"y":1242,"width":919,"height":35}},{"text":"into the word inasmuch as the two acts which are now included in","box":{"x":104,"y":1270,"width":919,"height":31}},{"text":"the definition fit into the essential concept of the word. Merely","box":{"x":102,"y":1296,"width":918,"height":36}},{"text":"because the Penal Code confines the meaning of the word to bodily","box":{"x":99,"y":1324,"width":924,"height":36}},{"text":"force, in our opinion, cannot justify the acceptance of the conten-","box":{"x":99,"y":1352,"width":922,"height":35}},{"text":"tion advanced before us. Similar is our view with regard to the","box":{"x":98,"y":1380,"width":922,"height":36}},{"text":"term 'fraud'. The contention that there is vagueness in the term","box":{"x":98,"y":1408,"width":921,"height":34}},{"text":"'misrepresentation' does not impress us. As we have already","box":{"x":98,"y":1437,"width":922,"height":36}},{"text":"said, these are not the normal methods adopted for bringing about","box":{"x":99,"y":1463,"width":919,"height":36}},{"text":"conversion. Again they are tainted and we see no justification","box":{"x":98,"y":1493,"width":922,"height":34}},{"text":"in the contention that they cannot be prohibited. The intention","box":{"x":99,"y":1519,"width":918,"height":35}}]},"428":{"imagePath":"H:\\web_projects\\corpus-web\\electron-app\\data\\5e07978430078cb56ea89a104e5a0c0e50b3aa1618e48c486c8af005ae015143\\raw\\pages\\00452-52d4a93135049072d069.webp","width":1170,"height":1680,"segments":[{"text":"428","box":{"x":133,"y":171,"width":57,"height":18}},{"text":"HISTORY OF CHRISTIANITY IN INDIA","box":{"x":360,"y":170,"width":479,"height":21}},{"text":"of the law is to regulate conduct and we see nothing wrong with a","box":{"x":137,"y":216,"width":919,"height":36}},{"text":"law which excludes these as not approved conduct.","box":{"x":140,"y":247,"width":701,"height":31}},{"text":"While we accept that these are sometimes used as methods of","box":{"x":181,"y":289,"width":879,"height":32}},{"text":"proselytizing and may be taken as part of Christian religion, yet","box":{"x":137,"y":318,"width":918,"height":35}},{"text":"the restriction is covered by the limitation subject to which the","box":{"x":137,"y":344,"width":924,"height":32}},{"text":"right is guaranteed under Article 25 (1).","box":{"x":140,"y":375,"width":546,"height":32}},{"text":"We shall now deal with the argument regarding the definition of","box":{"x":182,"y":416,"width":883,"height":34}},{"text":"'inducement'. The attack is mainly on the ground that it is too","box":{"x":136,"y":446,"width":922,"height":32}},{"text":"widely stated and even invoking the blessings of the Lord or to say","box":{"x":136,"y":474,"width":925,"height":35}},{"text":"that 'by His grace your soul shall be elevated' may come within the","box":{"x":143,"y":501,"width":917,"height":32}},{"text":"mischief of the term. Learned Government Advocate while","box":{"x":141,"y":528,"width":918,"height":29}},{"text":"agreeing that even holding out that an intagible benefit is to come","box":{"x":144,"y":557,"width":917,"height":32}},{"text":"may answer the definition, contends that the intention of the Legis-","box":{"x":140,"y":584,"width":919,"height":34}},{"text":"lature is not to transcend the ordinary concept of the term.","box":{"x":146,"y":613,"width":837,"height":31}},{"text":"are of the view that the definition is capable of covering some of","box":{"x":146,"y":638,"width":918,"height":34}},{"text":"the methods of proselytising and though the concept of inducement","box":{"x":144,"y":667,"width":917,"height":34}},{"text":"can be a matter referable to morality, the wide definition is indeed","box":{"x":146,"y":695,"width":915,"height":29}},{"text":"open to reasonable objection on the ground that it surpasses the","box":{"x":144,"y":722,"width":918,"height":34}},{"text":"field of morality...","box":{"x":148,"y":756,"width":255,"height":31}},{"text":"We","box":{"x":1013,"y":609,"width":50,"height":21}},{"text":"12. Our conclusions, therefore, are:","box":{"x":144,"y":814,"width":504,"height":32}},{"text":"guarantees propagation of religion and","box":{"x":479,"y":852,"width":585,"height":32}},{"text":"(1) Article 25 (1) guaran","box":{"x":195,"y":859,"width":379,"height":34}},{"text":"conversion is a part of the Christian religion.","box":{"x":147,"y":884,"width":612,"height":32}},{"text":"(2) Prohibition of conversion by 'force' or by 'fraud' as","box":{"x":190,"y":919,"width":873,"height":35}},{"text":"defined by the Act would be covered covered by the limitation subject to","box":{"x":144,"y":945,"width":919,"height":36}},{"text":"which the right is guaranteed under Article 25 (1).","box":{"x":144,"y":980,"width":683,"height":31}},{"text":"(3) The definition of the term 'inducement' is vague and","box":{"x":192,"y":1014,"width":873,"height":34}},{"text":"many proselytizing activities may be covered by the definition","box":{"x":147,"y":1044,"width":917,"height":34}},{"text":"and the restriction in Article 25 (1) cannot be said to cover the wide","box":{"x":149,"y":1071,"width":917,"height":32}},{"text":"definition.","box":{"x":147,"y":1107,"width":143,"height":27}},{"text":"(4) The State Legislature has no power to enact the impugned","box":{"x":196,"y":1137,"width":871,"height":34}},{"text":"legislation which in pith and substance is a law relating to religion.","box":{"x":151,"y":1163,"width":915,"height":34}},{"text":"Entry No. 1 of either List II or List III does not authorise the","box":{"x":149,"y":1191,"width":919,"height":32}},{"text":"impugned legislation.","box":{"x":157,"y":1227,"width":290,"height":32}},{"text":"(5) Entry 97 of List I applies.","box":{"x":196,"y":1263,"width":428,"height":32}},{"text":"On the conclusions, each of these three applications must","box":{"x":198,"y":1310,"width":872,"height":34}},{"text":"succeed. We declare that the Act is ultra vires the Constitution","box":{"x":157,"y":1336,"width":912,"height":29}},{"text":"and direct the issue of a write of mandamus to the opposite party-","box":{"x":157,"y":1366,"width":911,"height":32}},{"text":"State Government not to give effect to the Act. The four criminal","box":{"x":156,"y":1394,"width":912,"height":29}},{"text":"cases pending before the Magistrate at Gunupur are hereby quashed.","box":{"x":156,"y":1421,"width":911,"height":32}},{"text":"We make no order as to costs.","box":{"x":199,"y":1470,"width":423,"height":27}},{"text":"(Sd.) R. N. Misra","box":{"x":795,"y":1511,"width":244,"height":29}}]}}}