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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

TRIBAL COMMUNITIES IN THE FACE OF COERCED RELIGIOUS CONVERSIONS by-Kanishka Sharma & Nikhil Tulsyani

ABSTRACT

Tribal communities in India have been facing inequality in the society due to the historical injustices happen with this community. They are forced to change their religion .Due to their unacceptance in the society among their own religious society .They are compelled to change their identity through religion from a very long time they have been a isolated community in the society and facing inequality which is hampering their growth and development of their community. In this article we illustrate certain points and conditions by which tribal communities of Hindu religion in India are being forced indirectly due to the non acceptance of the society to convert the religion. Many tribes became part of the system with the support of the Brahmins. Class is only joining by the leading tribal families. There is a relationship between social change among tribal people and emergence of States. It is interest in law that there is a religious discrimination. Due to the coercion of religious conversions total of eight States acted anti conversion law for betterment of their citizens and prevent them from undue inducement or allurement.

INTRODUCTION

At the beginning of autonomy, English India became separated into the Muslim overwhelmed Islamic territory of Pakistan and the Hindu ruled however mainstream India. Huge scope Hindu-Muslim collective savagery emitted in various pieces of the country, which brought about the killing of 600,000 to 1 million individuals. The dread of confusion, brutality, and dissidence overwhelmed the post-pilgrim province of India. Regal States like Kashmir, Junagarh, Tripura, and Manipur demanded for partition. This period additionally saw fierce ancestral and worker uprising in West Bengal and in Andhra Pradesh. The workers, driven by the aggressor communist gatherings, requested their legitimate offer in farming and fiercely opposed the primitive persecution. Added to this, the development for the formation of new states based on language arose which brought about the semantic rearrangement of states in 1956. They were known for his work among tribal, the public authority of Madhya Pradesh welcomed Balasaheb Deshpande, a RSS volunteer, to work among the tribes, which in the long run brought about the foundation of the Vanvasi Kalyan Ashram (VKA) in 1952 with the goal of ancestral government assistance and anticipation of strict This association is right now working among the ancestral populaces in all Territories of India. The report proposed that ‘huge number of Dalits and tribals were changing over to Christianity, that the quantity of Hindus in the area was declining, and that a definitive objective of Christian evangelistic work was withdrawal – either as a Christian-overwhelmed State inside the Indian Association or an autonomous Christian country as per Ancestral people group Social, financial strict or direct relations normal culture are the variables that connect social division in a conventional society and they are called as clans. Social political and social and personalities nasal qualities which create them or we can separate them and called clans. Timetable five of the Indian Constitution has perceived ancestral networks. The individuals who are booked clans are perceived by the constitution. There are absolute of around 645 unmistakable clans in India. Rundown of booked clans in India as indicated by state and association region wise provided in article 342 of constitution. Adding to the census 2011 the total scheduled tribes population is 10.43 crore. “The total population of the country it accounts for 8.6 %. 2.8% share of scheduled tribe population in an urban area which is scanty. The list of states having a large number of scheduled tribe are Maharashtra , Madhya Pradesh, Rajasthan ,Gujarat, Andhra Pradesh ,west Bengal Jharkhand, Karnataka and Chhattisgarh. Total schedule tribe population of the country accounts for 83.2 % .15.3 percentage of the total schedule tribe population is accounted by Meghalaya, Jammu and Kashmir ,Tripura Mizoram, Tamil Nadu, Assam Nagaland, arunachal Pradesh, Bihar . The proportion of the total population of the scheduled tribes in India is from lakshawadeep, Mizoram and they are followed by Nagaland and Meghalaya. Largest number of scheduled Tribes is Madhya Pradesh and it is followed by Orissa.
The districts which have the largest number of scheduled Tribes are Bastar in Chhattisgarh. Delhi, Chandigarh, Haryana, Punjab, and Pondicherry in these States there are no scheduled tribes. According to constitution of India there is a reservation of seats for scheduled tribes in Lok Sabha. The proportion of scheduled tribes in the state according to that of the total population is made to unlock it seeds to scheduled tribes in the Lok Sabha. Constitution of India article 330 with section 3, 1950 contained the wide provision. Representation of people amendment act 2008 gives the state wise breakup and it amended the first schedule 1950 there are 47 seats reserved in Lok Sabha for scheduled caste.2
Many tribes became part of the system with the support of the Brahmins. Class is only joining by the leading tribal families. There is a relationship between social change among tribal people and emergence of States. Describe the history of conversion we need to understand some examples are given below tribal people and varna based societies with each other from time to time. The adaption and change is the result of interaction between both kinds of society. Caste based society has been merged over a period of time. “1930 and 1940 a law related to conversion was enacted by Hindu princely states. Preserve Hindu ethnicity and identity”. Main purpose to prevent Hindu people from the trap of British conversion into Christianity. The traditional folk dances festivals and values do thousand panchayats has been adversely influenced by this religious conversion. The new cultural processes and new lifestyle has been emerged due to the decline of tribal culture. Gasolina after the tribal convert their religion. As they never give up original tribal culture totally Christian culture I am not been fully accepted by tribals. Tribals created a feeling of dislike towards their original culture. There necessary means provided by Christian missionaries. This create reactionary attitude and this create a feeling of inferiority helplessness and frustration among tribals. There is an internalization of the values and attitude of Christians.
Adverse Factors which strained Tribals for religious conversions Threat of divine displeasure is called as force. It is interest in law that there is a religious discrimination. Names of British India there were no antique anti-conversion laws. The backward communities’ religious protection bill and Indian conversion regulation and registration Bill 1954 verb sought to curb conversion. Indian law deals with the evils of collision and deception. There should be a licensing system for propagating a fat and it is difficult to obtain proof in the case of many other offences. The conversion is not ban by any law. The conversions by means of force inducement or fraud. B.R. Ambedkar head for almost all his life advocated conversion for the lit in emancipation in the and himself converting to Buddhism in 1956 along with lakhs of others3. Anti Conversion law by state legislations.
Due to the coercion of religious conversions total of eight States acted anti conversion law for betterment of their citizens and prevent them from undue inducement or allurement. The weaker on influential sector of society surges women children untouchables and backward classes has been prevented buy this legislation and this will also help them to do not convert there on religion and theirs forefather’s religion.
Anti conversion law in India has been first enacted by Orissa. Fraudulent means or use of force is directly or indirectly banned in this act. The act also Ban the attempt of any person to forcefully convert any person religious faith to another religion. Without any arrest warrant not below the rank of inspector of police can have the authority to investigate and arrest the offenders and this is classify under the act it is a cognizable offence .There is some conditions specified for the conversion ceremony that a person have to register before 15 days to district magistrate and have to specify the place, date of ceremony, name and address of the person. Virgin ceremony is performed by priests and it is specified in the Orissa freedom of religion rules , 1989.
Anti conversion act has been secondary enacted by Madhya Pradesh. This illegal to gift someone cash kind or grand whether non monetary or monetary which is called allurement just to convert their religion to another religion. People have to register before 7 days to the district magistrate for the conversion of religion the Legal procedure.4
Supreme Court verdict on Anti Conversions Act
In the case of Rev Stanislaus v. state of Madhya Pradesh In this constitutional validity of the Madhya Pradesh dharma swatantra abhinayam 1968 was chain challenged in the high court of Madhya Pradesh and also questioned the constitutional validity of Orissa freedom of religion act 1967 in the high court of Orissa. Article 25 of the constitution speech that there is a right of freedom to all citizens of India to all religions but Supreme court states that there should undue influences or allurement or inducement any person to convert their religion but peaceful conversion of one’s religion to another is legal .
Conflict between RSS and church in Jharkhand
Jharkhand freedom of religion act 2017 escalated a war between rashtriya swayam sevak Sangh (RSS) and the tribal’s. Argue they are that they are changing their rituals and habits to Hinduism. Tribals do not have their own place of worship so for the peace and faith this started to believe Hindu gods. Tribal want that RSS must balance their interest and for the welfare of tribal communities by these means they don’t force them to fully convert their beliefs from their communities to Hinduism.

Constitutional provisions for Tribals:
1). Tribes advisory council – the fifth schedule of the constitution provides for the setting up a tribes’ advisory council in each of the states having schedule areas. The duty of these councils is to advise the government on such matters concerning the welfare of schedule tribes and development of schedule areas. Assam, Kerala and Mysore set up councils to advise state government regarding development.
2) Article 342 – It lays down that the President may by public notification. It specifies the tribes or tribal communities or part of or groups within tribes or tribal communities which shall for the purpose of this constitution deemed to be schedule tribes.

3) National Commission for Schedule tribes and Castes – under article 338 of Indian constitution a commission has been appointed by the President. The main purpose is to investigate all matters relating to the safeguards for SCs and STs under the constitution. They have to report the President on working of these safeguards.

4) Ministry of tribal affairs: the economic development of the schedule tribes (STs) is the main focus of this ministry which was set up in the year 1999. The critical gaps in institutions and the purpose is to provide financial assistance to schedule tribes.

CONCLUSION

Religion of a tribe is straightforward. Religious beliefs and behavior aren’t treated. As some thing other than different sorts of ideals and behavior. Religion pervades all factors of their existence. Tribal existence and society cannot be absolutely understood without know-how their religion. Tribal ritual complex isn’t a mere mirrored image and association with the superhuman world but a sturdy reinforcement of the human global itself. The integrative characteristic of faith in tribal society is proven of their not unusual purpose (superhuman international) and common approach (ritual). Most anthropological analyses of primitive religion are nonetheless geared to the evolutionary issues and preoccupations. It has been observed that the cutting-edge

primitives live technically, socially, economically, and politically in the most undifferentiated situations, and so additionally of their personal worldview. This does not prove that a society characterized via a excessive diploma of social differentiation will have a tendency to be differentiated in its worldview. The easy tribal eschatological belief is in settlement with the especially state-of-the-art worldview of the theologically self-conscious society. Due to subculture contact, tribal religions were suffering from the non secular ideals and practices of different corporations. We have additionally noted that some of the non-tribal corporations had been stricken by tribal customs and practices. Lastly, we discussed the emergence of socio-non secular actions among the tribals. These actions have been commonly spiritual in content material and reflected the articulation of collective hopes of the tribals.

1 Students at YCLC Pune & Faculty of Law, Delhi respectively.

2 Major Tribes in India- State wise compilation, June 5, 2021
3 Rachit Garg, Coerced religion conversion of tribal communities, https://blog.ipleaders.in/coerced-religion- conversion-tribal-communities/amp/

4 Mrs. Yalatsa Hyde and Ors. V. State of Orissa and Ors, AIR 1973 HC 116