Source: Indian Express 

Introduction: 

The Arunachal Pradesh Freedom of Religion Act of 1978, which has remained dormant for nearly five decades, is now being revived. The Act was originally introduced to concerns about religious conversions in a state home to various ethnic communities with diverse beliefs. It prohibits forceful religious conversion and requires all conversion acts to be reported to district authorities, with penalties including imprisonment and fines for violations. 

What is the History and Current Status of Arunachal Pradesh's Freedom of Religion Act? 

• In 1978, Arunachal Pradesh's first Legislative Assembly enacted the Freedom of Religion Act to prevent forceful religious conversions. 
• The Act faced immediate opposition, with MP Bakin Pertin, a Christian leader, contesting it before it received Presidential assent. 
• The Nagaland Legislative Assembly passed a resolution against the Act, showing regional opposition. 
• In 1979, the Arunachal Christian Forum was formed specifically to push for the Act's repeal. 
• For nearly five decades, successive governments kept the Act dormant by not framing implementation rules. 
• In 2018, Chief Minister considered repealing the Act, but faced pushback from BJP leadership. 
• In 2022, a PIL in the Gauhati High Court sought implementation rules, leading to the current revival of the Act. 
• By September 2023, the court directed the state to finalize draft rules within six months, marking a potential end to the Act's dormancy. 

What Were the Cultural, Religious, and Legislative Motivations Behind Arunachal Pradesh's Freedom of Religion Act? 

• Religious Protection:  
  • The Act aimed to protect indigenous religious practices and beliefs of various ethnic communities in Arunachal Pradesh from forceful conversion. 
• Response to Christian Growth:  
  • It was a reaction to the growing Christian missionary activities in the 1950s and subsequent decades, where Christianity grew from 0.79% in 1971 to 4.32% in 1981. 
• Cultural Preservation: 
  • The legislation sought to preserve the traditional religious practices of different tribes, including: 
  • Mahayana Buddhism (practiced by Monpas and Sherdukpens) 
  • Theravada Buddhism (followed by Khamptis and Singphos) 
  • Nature worship and Donyi Polo beliefs 
  • Indigenous tribal customs and practices 
• Regulation of Conversion:  
  • To establish a legal framework requiring: 
    • Mandatory reporting of conversions to authorities 
    • Prevention of conversions through force, fraud, or inducement 
    • Protection of indigenous faiths as defined in the Act 
• Assembly Concerns:  
  • It was introduced in response to debates in the state Assembly about the socio-cultural changes that religious conversion was bringing to tribes like the Padam, Adi, Nocte, and Nyishi. 

The Arunachal Pradesh Freedom of Religion Act, 1978 

• Purpose of the Act: 
  • To prohibit forced religious conversions in Arunachal Pradesh 
  • To prevent conversions through force, inducement, or fraudulent means 
• Important Definitions (Section 2): 
  • "Conversion": Renouncing one religious faith and adopting another 
  • "Indigenous faith": Includes traditional religions, beliefs, practices, rituals, and customs of Arunachal Pradesh communities, including:  
    • Buddhism (among Monpas, Membas, Sherdukpens, Khambas, Khamptis, and Singphos) 
    • Vaishnavism (practiced by Noctes, Akas) 
    • Nature worship (Donyi-Polo worship) 
  • "Force": Includes threats of injury, divine displeasure, or social ex-communication 
  • "Fraud": Includes misrepresentation or fraudulent contrivance 
  • "Inducement": Includes offers of gifts, cash, benefits (pecuniary or otherwise) 
• Prohibitions of forcible conversion (Section 3): 
  • No person shall convert or attempt to convert others through:  
    • Force 
    • Inducement 
    • Fraudulent means 
  • No person shall abet such conversion 
• Penalties and Punishment of Section 3 (Section 4): 
  • Imprisonment up to 2 years 
  • Fine up to Rs. 10,000 
• Mandatory Reporting Requirements (Section 5): 
  • Religious priests or anyone involved in conversion ceremonies must inform the Deputy Commissioner 
  • Failure to report carries punishment:  
    • Imprisonment up to 1 year 
    • Fine up to Rs. 1,000 
    • Or both 
• Legal Proceedings related cognizance and sanction for prosecution (Sections 6 & 7): 
  • Offenses are cognizable (Section 6) 
  • Investigation must be conducted by Police Inspector or above 
  • Prosecution requires prior sanction from Deputy Commissioner or authorized Extra Assistant Commissioner 

Why has Arunachal Pradesh's Freedom of Religion Act Remained Dormant for Nearly Five Decades? 

• Lack of Implementation Rules: 
  • Successive governments never framed the rules necessary for implementing the Act. 
• Strong Opposition from Christian Groups: 
  • The Arunachal Christian Forum, formed in 1979, consistently opposed the Act 
  • They labeled it as "anti-Christian" and warned about potential misuse by authorities 
  • Growing Christian population (increased to 30.26% by 2011) made implementation politically sensitive 
• Political Considerations: 
  • Chief Ministers avoided implementing the Act to prevent alienating a significant Christian voter base 
  • In 2018, CM Pema Khandu even considered repealing the Act, though he later backtracked after BJP leadership intervention 
• Religious Demographics: 
  • The significant growth of Christianity in the state made enforcement politically challenging 
  • Christianity became the largest religion in the state according to the 2011 census 
• Administrative Hesitation: 
  • Concerns about potential misuse by district administration and police 
  • Fear of creating religious tensions in the state 

What are the Legal, Cultural, and Political Factors Driving the Revival of Arunachal Pradesh's Freedom of Religion Act? 

• Legal Intervention: 
  • In 2022, advocate Tambo Tamin filed a PIL in the Gauhati High Court 
  • The PIL challenged the state government's failure to frame rules for the Act 
  • The court directed authorities to finalize draft rules within six months 
  • The Advocate General confirmed draft rules had been framed 
• Cultural Preservation Concerns: 
  • Organizations like IFCSAP (Indigenous Faiths and Cultural Society of Arunachal Pradesh) view the Act as crucial protection 
  • Maya Murtem, IFCSAP General Secretary, called it an "armour" against conversions 
  • Concerns about high conversion rates (reaching 90% in some districts) 
  • Worry about converted people rejecting traditional practices as 'alien' and 'evil' 
• Political and Religious Dynamics: 
  • BJP government's presence in the state 
  • RSS and its affiliates' involvement in documenting indigenous faiths 
  • Their view of state's "indigenous faiths" as part of "Sanatana Dharma" 
  • Ongoing work to institutionalize and document indigenous beliefs, especially the Donyi Polo faith 

Conclusion 

While the Act's implementation has been contested since its inception, particularly by Christian groups who view it as discriminatory, recent developments including a PIL and High Court intervention have pushed for its enforcement. The revival comes at a time when the state's religious demographics have significantly shifted, with Christianity becoming the largest religion at 30.26% according to the 2011 census. The situation is complex, with different stakeholders holding varying views on its necessity and potential impact on religious freedom and cultural preservation.