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CHAPTER I. – RELIGIOUS LIBERTY IN OTHER COUNTRIES The joint Committee appointed by the Federal Council of Churches of Christ in America and the Foreign Missions Conference of North America in the year 1944, in their “Statement on Religious Liberty”, have defined the term as given below:-
2. Religious Liberty, as defined above, has been in existence in India from times immemorial. India is a land of many religions-Hinduism, majority religion, is itself a co-ordinated combination of various beliefs. It has survived through ages by its liberal and receptive attitude towards other faiths. There have undoubtedly been controversies in India of a religious and philosophical nature but there has been perfect freedom of Conscience. Coercion and religious persecution have been unknown in Hindu society. The alleged persecution of the Budhists has been held to be a myth on critical research. [Budhist India by Rhys Davids, p. 211 (Sushil Gupta, Calcutta).] The all-embracing polytheism of the early Hindus afforded ample scope for different beliefs to exist side by side without trying to oust one another. Both Jainism and Budhism were deviations from some aspects of early Aryan faith. “Their rise and progress, the standardisation of Jainism as a minor sect of ascetic tendencies; the extension, the export, the decline of Budhism within a Society of Hinduism,……… all were essentially peaceful. The changes came by persuasion and by slow social pressures or movements, without clear conflict of group wills against other groups or against individuals”. (Religious Liberty : Bates, page 267.) Hindu India provided in the person of King Ashok the Great, who subsequently became a convert to Budhism, a unique instance of goodwill and toleration towards other religions. One of his well-known inscriptions reads as follows:-
What a lucid and comprehensive exposition of liberty of religion? It is, as it were, “faith in the goodness of faith”. Refraining from speaking well of one’s own faith and ill of others enables us to appreciate in a friendly discussion the truth and beauty in the teachings of other groups which enriches one’s own belief. Charity and toleration are thus developed. Hindu India has maintained this spirit of religious toleration. 3. According to some of the Christian writers, intolerance in religion came in the wake of the advent of Christianity. Professor Guido de Ruggiero in his article on “Religious Liberty”, published in the “Encyclopedia of Social Sciences”, writes:-
In exposition of the above statement, Professor Raffini writes in his book “Religious Liberty”:
4. During the first three hundred years of its existence Christianity itself was faced with the question of how it could make its way in a non-Christian society ruled by the Roman Empire. The question of its being intolerant, therefore, could not arise. The early Roman Emperors looked upon Christianity with suspicion as it preached “novel principles and sanctions, not Roman”. Until Decius’ Edict of 250 there was, however, “no general and systematic persecution of Christianity”. Then an era of torture and persecution started in full swing. First, the Christians were required to sacrifice to the old Gods under penalty of imprisonment. Then their Churches were seized. Christian assemblies were banned, their bishops and priests were executed and even laymen of standing lost their posts, their properties and even their rights of residence. Ultimately their Churches were destroyed, their scriptures confiscated, their clergies imprisoned and subjected to great tortures and finally all Christian were required by law to offer sacrifice to old gods or die. There was a change in policy when Constantine rose to the throne of the Roman Empire. He issued an edict in 312 or 313 of conscience, for full rights to Christianity on an equality with other recognised religions, and for restoration of Church property recently confiscated. Emperor Constantine was anxious to consolidate his vast Roman Empire comprising peoples of different faiths. He considered Christianity as a useful handle in unifying the complex empire. Thus “favour was soon advanced to privilege and privilege to prestige that approached exclusive power”. 5. The tables were now turned against other faiths. “By the Codes of Theodosius and Justinian, heretics were forbidden to build Churches, to assemble for religious purposes, or to teach their doctrines even in private. They denied rights of bequest and of inheritance, even of contract. Death was prescribed for lapse from Christianity into pagan rites. By the time of Justinian pagans were required to hear instruction in the Churches and were subjected to exile and confiscation of property if they refused baptism. Young children of pagan families were to be baptized”. (Religious Liberty: Bates, p. 135.) It is thus evident that repressive measures against non-Christians were plentifully decreed. In fifty-seven years from Valentinnian I, no less than sixty-eight laws against heretics were enacted. 6. Theodosius II and Valentinian III (5th century) made deviation from orthodoxy “a crime against the State carrying even the death penalty”. By 407, heresy was made a public crime. Soon it was enacted that the Imperial service should receive “no one who disagrees with us in faith and religion”. Thus Theodosius the Great, relentlessly pressed his subjects to conform to “Catholic (Trinitarian) Christianity”. By the year 386, all public-discussion of religious issues was prohibited. Imperial authority in spiritual matters was thus fully established in utter disregard of the “proud Christian conviction that the Emperor was not to be considered in terms of divinity”. 7. What was the attitude of Christianity towards the Jews after Christianity itself was in authority? At first Judaism remained as in pagan Rome, “a permitted religion”, subject to certain disabilities. It was characterised by Theodosian Code as “abominable superstition”. Jews were not eligible to public office. A Christian who adopted Judaism lost his right of bequest. Exile or death was the penalty prescribed for the Jew who married a Christian wife. Capital punishment was awarded to a Jew who carried out proselytization of Christians. In the seventh century in Spain, Italy and Frankish Empire, Jews were ordered to choose between baptism and expulsion. It is really a matter of great surprise how the Christians could justify “the severity and ostracism” practised by the entire community against the Jews with doctrine of “tolerance and protection” which the teaching of scripture required of them:
8. Kenneth S. Latourette in his book “A History of the Expansion of Christianity” writes :
9. The above procedure was repeated again and again in the next thousand years of the history of Christianity from eighth to nineteenth century. Invaders and conquerors have been employing the Church for the purpose of consolidating their political conquests. 10. Religious liberty was woefully crushed as a result of the unholy alliance between the Church and the State to persecute and torture those who did not subscribe to the official religions. 11. Reaction came at last. There was demand for separation of the Church from the State and vice versa during the period (1500-1700) called the Reformation Era. Luther led the movement of Reformation. He gave expression in his early life to views like these: “Belief is a free thing which cannot be enforced”. “Heresy is a spiritual thing which no iron can hew down, no fire burn, no water drown”. Later on, there was, however, a change in his attitude. His vehemence against his opponents, whether Roman Catholics or other sects, which did not follow his pattern, led hint to leap “all bounds of love and mercy” In one of his Table Talks he is reported to have said:
12. To the Duke of Saxony, Luther commanded both political and religious compulsions. His words are significant. “It will lie heavy on your conscience if you tolerate the Catholic worship for no secular prince can permit his subjects to be divided by the preaching of opposite doctrines”. “The fact”, as pointed out by William Sweet in his book “Religion in Colonial America,” “is that the rise of Protestantism was accompanied by an unprecedented outburst of intolerance and cruelty in which both Protestants and Catholics participated”. 13. The spirit of intolerance exhibited either by the Catholics or the Protestants was not confined to heretics or the Jews but was directed even against each other. John Robinson wrote as follows in the early years of the seventeenth century:-
Such is the history of religious liberty under Christianity in the West. 14. Let us now turn nearer home and study the question of religious liberty under the domination of the Christian countries of the West. As pointed out by Shri K. M. Panikkar in his book “Asia and a Western Dominance”, the coming in of the Portuguese in India marks the advent of Christianity on Indian soil. “With the Portuguese, Christianisation was a State enterprise”. Since the power was Roman Catholic in its religion, it were the Roman Catholic missionaries who carried on missionary work. On the recommendation of the Pope, King Joao III of Portugal appointed Francis Xavier and sent him to India for the propagation of Christian religion. He landed ashore in 1542 and set to his work in right earnest. He, however, soon realized that without State aid it was not possible to spread Christian religion in India. Writing to Father Rodrigues he said: To King Joao III he wrote as follows:
In 1546, he wrote a letter to the King of Portugal requesting him to establish the Holy Inquisition, as it was called. This “unholy and wicked institution” lasted for nearly two hundred and fifty years. It perpetrated innumerable atrocities on both Christians and non-Christians. It proved the worst of its kind, established anywhere. 15. The Portuguese power became ruthless the more it got itself established in India. Royal Charters were issued from time to time making invidious distinctions between Christians and non-Christians and subjecting the latter to untold disabilities. In 1559 an enactment was passed debarring all Hindus from holding any public office. In the same year another law was enacted confiscating the properties of non-Christian orphans if they refused to be converted to Christianity. Yet another law ordered destruction of Hindu temples and images and prohibited all non-Christian religious festivals. In 1560 all the Brahmans and goldsmiths were ordered to accept Christianity otherwise they were to be turned out of Goa. By a law passed in 1567 the Hindus were prohibited from performing their important religious ceremonies such as investiture of sacred thread, marriage ceremonies and even cremation rites. Hindu religious books were proscribed. All non-Christians above the age of 15 were forced to attend the preaching of Christian religion. Hindu temples were destroyed and in their place churches were built. In 1575 another law was passed by which the Hindu nationals were debarred from their civic right of renting state land. People of Goa were prohibited to use their native language by an order of 1684 and were allowed three years to learn the Portuguese language under pain of being proceeded against under law of the land. The aim of all these enactments was to compel the people either to accept Christian religion or to leave the State. 16. The activities of the Christian Mission during the days of Portuguese’s sway in India were confined to South India and were carried on by the Catholic Mission. The decay of Portuguese power in 1660, adversely affected the missionary activities in India. The first phase of Christian Missionary activities in India, came to a close by the middle of seventeenth century. 17. From 1660 the second phase in the history of Christianity in India begins. There was a great set back to Christian activities in India during the second phase. In the words of Shri K. M. Panikkar, “The European Nations that followed the Portuguese in Indian ocean were interested solely in trade, and as they were organised as commercial corporations, the question of converting the heathens was of no significance to them”. Further, the Dutch, who followed the Portuguese in the first instance, and the British, who displaced them ultimately, were Protestants and had no sympathy with the Catholic Order. Till the end of the eighteenth century, the Protestant zeal for Missionary work had not developed. Consequently there was a lull in Christian Missionary activities. 18. From the beginning the policy of the East India Company was one of discouraging the Missionaries. Its primary concern was trade and it was felt that any interference with the religious beliefs and practices and social habits of the people of India would create a prejudice against the company and go against its interests. From 1757 East India Company assumed political power in its hands. Its decision to exclude Missions from territories under its sway became even more definite and pronounced. The fact that organised Protestant Missions with political influence did not exist in England helped the company to uphold and follow its policy of religious neutrality. By the end of the eighteenth century a spirit of evangelism permeated the Protestants as well. 19. A new phase of Christian Missionary activities in India set in with the abolition of the East India Company’s monopoly in 1813. Till then no European who was not in the service of the East India Company could set his foot on Indian soil without the permission of the company, but when the ban was removed in 1813, any European could visit India freely and the company had no legal right to stop him. 20. The progress of modern Christian missions in India began with the consolidation of British power in the country. The Catholics had done much work in the land but their work was limited to the areas in the south. The fact that the political influence of the Portuguese was confined to a small part of India did not favour the spread of Christianity to other parts. The number of converts and the areas they belonged to were limited. The field of the Christian work became extensive during British rule in India. 21. Protestant missionary work in India was initiated by Dr. William Carey who landed in India in 1793 and settled in Serampore-a Dutch settlement, as the East India Company did not give him any quarter in their territory. Dr. Duff joined Dr. Carey soon after and the two laid the foundations of Christian missionary work under the Protestant denomination. 22. The war of Independence of 1857 was a turning point in the history of Indian politics. Thereafter the governance of India passed off from the control of the East India Company to that of the British Crown. As regards the cause of the revolt there were two schools of thought in England at that time. The majority view according to Mr. Arthur Mayhew, attributed the disaster primarily to popular resentment caused by the Government patronage and support of Christian missionary work in its educational and philanthropic side, by its legislation on Christian principles against social evils such as infanticide, suttee, and converts’ loss of civil rights and by the open profession of Christianity and support of proselytising agencies by many of individual officers”. The other view held was that catastrophy was the result of “nervous apprehension of the British Government, its dread of emphasising its true faith and occasional appearance of repudiating it and its pandering to heathen prejudice”. 23. There seems little doubt that the mind of the general populace was profoundly disturbed by the new policy in administrative and educational matters that had been followed by the Government since 1813. Things, however, came to a head when under the very aggressive rule of Lord Dalhousie several laws were passed which struck at the very root of Indian social life. In some cases he was no doubt, prompted by his zeal to help christianisation of the country. Thus for example, a law was passed preserving the right of inheritance of a convert to Christianity in Hindu family. There was already a seething mass of discontent amongst the people. Thus, only a spark was needed to start the conflagration and the same was provided by the greased cartridges used in rifles. It was suspected that the fat of cow and pig was used for the purpose. 24. The British Government having realised the gravity of the situation decided to make administration of India as a direct responsibility of the British Crown. To allay the excited religious feelings of the people of India Queen Victoria, at the time of assuming direct control, issued the following Proclamation in 1858:-
25. The above Royal Proclamation has been considered as the Magna Charta of religious liberty and neutrality. Till the year 1947, the official policy of the British India Government, in matters of religion, continued to be that enunciated in the above Royal proclamation. 26. There was however difference between theory and practice. Although the British Government of India were wedded to a policy of religious neutrality, yet indirectly the Christian officials holding positions of importance, afforded considerable encouragement and facilities to the Christian missionaries with whom they had their natural affinity. The Christians under the British rule in India enjoyed a priviledged position. To quote K. M. Panikkar from his book “Asia and Western Dominance”, “Legislation Protected the rights of the converts to their share n the Hindu joint families and the decision of the High Courts enabled converts to blackmail their wives to follow them into the fold of their new religion. The Government also encouraged the Missionaries to work among the backward tribes, being satisfied that Hindu opinion would not be offended by it.” The author further adds-“On the whole however it may be said that the British Officials preserved an attitude of neutrality and the British Government always vigilant, in matters affecting law and order and the loyalty of the elements on which they depend for their rule discouraged methods of propaganda offensive to the Hindu sentiments”. 27. Before Christian Domination, India was under Muslim domination. Although the first Muslim invasion of India took place in 711 A.D., yet “consistently progressive conquest” of India began about the year 1000 A.D. It was however from the sixteenth century onward that the “Muslims dominated Hindu society, in a political and military sense”. Babar and Akbar however tended to be “indifferent to all, but the political aspects of religion”. But Akbar’s son, Shah Jahan, ordered in 1633, “the destruction of Hindu temples. which the faithful had begun openly to erect in his father’s time.” Intermarriages of Hindus and Muslims which were frequent in the Punjab and Kashmir were prohibited. “Aurangazeb, the puritan champion of Islam”, writes Searle Bates, “piled persecution upon repression”. In 1669 he issued orders “to the Government of all provinces to demolish the schools and temples of infidels and put down their teaching and religious practices strongly”. As a result a large number of Hindu shrines, including the famous Hindu places of worship suffered destruction. “Gross desecration”, writes Searle Bates, on page 270 of his book Religious Liberty, “was frequently added, such as the killing of cows in sanctuaries and the trampling of idols in public squares. In 1679 Aurangazeb reimposed “the Jizya Tax on the unbelievers with the object of spreading Islam and overthrowing infidel practices”. Hindu religious fairs were prohibited. People were encouraged to embrace Islam by the offer “of grants to converts or of jobs in Government employ, or of liberation from prison”. These measures resulted in “a noticeable bulk of accessions”, to the Muslim immigrant minority from “weak portions of heterogeneous Indian Society”. “The Mohamadan invasions”, in the words of Searle Bates, “helped to extinguish the fading Budhism and were severe upon the Jains. The Sikhs, a relatively late sect to arise within Hinduism, preserved themselves by strong organization and by military powers, alike difficult to overwhelm and valuable to placate”. 28. According to Searle Bates, “In general India has not thought or organised or legislated in terms of the oppression of religion or of the liberty of religion. Striving of religio-social groups there has been”. (P. 271: Religious Liberty.) 29. Coming to more recent times we find that in 1924 there was a Unity Conference held at Delhi. Quite a number of Indian representatives of various religious Communities and political leaders attended the Conference. Mahatma Gandhi took a prominent part in the deliberations. The Conference passed a resolution on religious liberty, which rims as follows:-
Such in brief is the History of religious liberty in Europe and India, with special reference to Christianity. 30. We have so far dealt with the history of “Religions Liberty”. Let us now consider the question of Religious liberty as it exists today in various countries (other than India), 31. There are at present four great religions prevailing in the world, viz., Hinduism, Budhism, Christianity and Islam. Hinduism prevails in India alone. Budhism prevails in China and Japan. Islam prevails in Turkey, Egypt, Iran, Afghanistan and Pakistan. 32. The Christian countries of the world may be divided into three categories, viz., first those where Catholic Church is the prevailing church and secondly those where Protestant Church predominates, thirdly where orthodox church prevails. Prominent under the first category are the States of Italy, Spain, Belgium and Portugal. Russia and Greece are the countries of the Orthodox Church. 33. Let us first take Italy, which is the official seat of Catholic Church, being the residence of the Pope, head of the Catholic religion. Before Italy became Fascist, the state was subordinate to the Church. The Pope dictated even the politics. When Mussolini came in power the relations of the Church and the State were readjusted by initial consent under what is known as Concordat. Art. I of the Concordat lays down:-
Previous to the Lateran Agreement of 1929, Art. I of the Constitution of Italy read as follows:-
34. Pope Pins XI interpreted the said article as implying that any discussion of religion, written or oral, which might “easily mislead the good faith of the less enlightened” must be punished by law. In Italy it is only the Catholic religion that is provided unqualified protection under the penal code (Arts, 402-405) against public abuse and libelous attacks. If such offences are committed against other churches, extenuating circumstances are to be considered in assessing the offence. 35. In the matter of education, Art. 36 of the Concordat lays down:-
Such education in Italy can be imparted only by teachers or priests approved by the Church authorities and any withdrawal of approval is at once effective against the teacher.
36. Next in importance to Italy amongst the Catholic countries is Spain. “Religious liberty for other than Roman Catholics”, says M. Searle Bates in his “Religious Liberty and Inquiry”, “scarcely exists in Spain today, as has been largely true throughout the modern history of the country.” 37. The Catholic Church in Spain, in course of time, became a dominating power which had “subjugated the political power and was nearly omnipotent in public, social and economic life”. There was reaction against this amongst the inhabitants and hence the Spanish Revolution of 1931-39. The frenzy of the lovers of political freedom was let loose against the Church administration in Spain. The Church in Spain came in for persecution at the hands of the Fascists who subscribed to atheism. It is said that 20,000 churches were destroyed or looted, 16,000 priests, monks and nuns were either executed or murdered and 300,000 inhabitants lost their lives. Peace was ultimately restored after this blood-bath between the Church and the State. The accord with the Holy See reaffirmed the four articles of the Concordat of 1851 which ran as follows:-
38. The Church has regained its position in Spain. The head of the State has an important say in the selection of the Spanish bishops and archbishops, although the Pope participates in. the process. Catechism is obligatory in all State Schools and the baptising of all children is insisted upon. 39. In Spain, Catholic Church occupies a privileged position. “One people, one State, one leader, one faith, one Church” is the common slogan. “No rights or status”, says Searle Bates, “exist for other religious beliefs or organisations of any sort.” A police order of 1940 decrees that, “through a generous tolerance of religious opinions of foreigners who reside in our country, in so far as they are not opposed to Christian morality or infringe upon police and health rations, “foreigners may continue to gather in chapels in which rites and ceremonies different from the Catholic religion are celebrated”. The “general tolerance”, further orders that foreigners “must withdraw from the walls, entrances, doors and other visible places, any lettering, emblem, flag, or other sign which might lead to confusion of the said chapels with churches of the Roman Catholic religion”- ‘Religious Liberty’, pp. 19 and 20. 40. Not to speak of freedom of conscience being guaranteed to non-believers in Spain, even the believers not subscribing to the tenets of the Catholic Church have no religious liberty in Spain as is evident from the following extract from the Report on Religious Liberty by Searle Bates:-
41. Portugal
is often presented by the Catholic Missionaries as the Catholic State par
excellence founded on the religious, political and social principles
of the great encyclicals from Leo XIII to the present day. There
is no State Church as such in Portugal. The Concordat, however, provides
in Articles II and III an
42. The place of the Church in education is well established in Articles XX and XXI of the Concordat 1940 quoted below:-
43. In the case of her colonial possessions the Portugal. Government follows a policy which is a negation of religious liberty. The Portugal Catholic Church has monopoly of spiritual training of African and Asian people. The non-Catholic Missions are subjected to serious restrictions and discriminations in clear violation of religions liberty and of international agreements. Article 24 of the Colonial Act runs as follows:- Article 2 of the same Act lays down as follows:-
44. How did the Portuguese Mission authorities act in christianising and civilising the native population of India can be seen from the following extract on page 161 of “The Heritage of the Indian Christian”.
45. In Columbia the Catholics have forbidden the evangelistic activity of non-Catholics, i.e., to proselytise or propagandise outside their places of worship (page 246, National Christian Council Review, May 1954). 46. “France” in the words of Searle Bates, “has not, since 1870, been considered a “Catholic country” in the old meaning and not in recent years a “Catholic State” in the new sense of corporative structure based on the doctrines of the encyclical fully supporting the Catholic Religion and Catholic education. Yet France remains a nation in which Catholicism is first and dominant among religious influences. (Reli. Lib. p. 103).
47. The imparting of religious instruction is compulsory in the State elementary; secondary and teacher training schools for all pupils whose parents are members of the State Church. Only members of the State Church are appointed as teachers. Denominational groups and persons not members of the State Church are not permitted to establish their own schools for children. Up to the end of the 19th century Sweden was a Lutheran State in the full sense of the word and liberty of conscience was nonexistent.
48. NORWEGIAN constitution is as old as 1814 with amendment from time to time. Article 2 of the Constitution declares:
The Cardinal principle of educational policy of Norway is that the children should receive “Christian education . Therefore, religious instruction is compulsory for all pupils in State elementary, secondary and normal schools. Except as exemption is claimed by parents who have left the State Church. Class teachers given religious instruction and are appointed with the approval of the Bishop Non-conformist schools are not given any State-aid. (Reli. Lib. p. 332). 49. In DENMARK Lutheran Church is the State Church. King must be a member of the Church. The State controls and subsidises the activities of the Church and has not yet given it a separate constitution. (Reli. Lib. p. M). The Danish constitution of 1915 is based upon the document of 1849. Article 3 of the Constitution lays down-
In schools under State management all children receive instruction in the Bible, Shorter Catechism and Hymns in the lower classes and in church history in the upper class. Each child of fourteen years or more belonging to the State Church, is obliged to attend “Confirmation classes” twice a year but can be exempted from actual confirmation on application. (Reli. Liberty p. 104). 50. Of the European States subscribing to Orthodox Christian Church, Russia is the most important example. “At no time and in no land has the world known so dramatic a denial of religious liberty as in Russia since 1918”. The provisional Government (1917) had freed all recognised Churches from State control and interference. By the beginning of 1918, the Soviet decrees “nationalized Church property and the schools, instituted civil marriage and separated the Orthodox Church from State and school alike.” Freedom of conscience was granted and all restrictions of fights based on belief or non-belief were annulled. Religious instruction in private was authorised, but was barred from all public or private schools, where general subjects were taught. (Reli. Liberty p. 2). UP to 1929 the Constitutions of the various republics constituting the Soviet Union contained the following article :
The period from 1937 to 1939 was a period of persecution of the Church leaders and the Church. In 1938 alone several prominent bishops were shot, while over fifty bishops were sent to prison or to the concentration camps. A heavy rent charge was imposed upon Church buildings with the result that in 1937 alone 1,100 orthodox churches and hundreds of other places of worship were forced to close. The Soviet statistics for 1940 showed that there were then 4,225 listed Orthodox Churches with 5,665 priests as against 46,457 such churches and 50,960 priests before the revolution 1917. There were 28 Orthodox bishops and 37 monasteries in 1940, as compared to 130 bishops and 1,026 monasteries before Revolution. The situation, however, changed by 1944. The Central Organisation of the Russian Orthodox Church has been officially restored. (Religious Liberty, pp. 4-9). 51. Second in importance amongst the countries having Orthodox Church is GREECE. The Constitution of Greece grants freedom and protection of rights to every recognised religion. The Church of Hellas is established by the State, which pays the bishops and exercise supervision of all temporal matters in church affairs. Spiritual authority vests it the synod of all the bishops. Marriages and baptism of evangelical groups are recognised as valid. Art I of the constitution lays down as follows :-
The official definition of term Proselytism as given below not only guard against the possibilities of its abuse but prevents any religious change even by persuasion or information.
52. Of the remaining Christian countries, Great Britain, Germany and U. S. A. deserve special mention. 53. Question of religious liberty in GREAT BRITAIN centred round the historic position of the Church of England as the National Church. The King and the Lord Chancellor must be members of the Church of England. Twenty-four bishops and two arch-bishops are members of the House of Lords. The Church enjoys properties and endowments. The problem of the church schools and religious education in State schools of England has aroused controversy. In the elementary and secondary schools under the control and management of the Church of England religious instruction is imparted. In the State school, religious education does not exist. Some persons in localities of the first type wanted religious instruction to he nonsectarian or varied from the Church of England type or voluntary only. Some parents in localities of the second type asked for more positive religious instruction being imparted to their children than was the case. Dr. Henson has suggested a solution. He says:
54. In GERMANY before the National Socialist Party came in power it reassured the various religions by including the following demand as one of the Twenty-five points it stood for-
As soon as it came in power, it assumed, “that religion could be utilised for its own purposes of unity and morale and that autonomous elements of faith, spirit and organisation could be assimilated or crushed”. Dr. Adolf Keller, a Swiss writer, says in his book “The Church and the State” as follows:-
The Church rose up in resistance against the totalitarian dictatorship. In the Evangelical Church Manifesto of 1935 the issue was made clear:-
The principle of religious liberty was thrown to the winds. There was not only interference by the State in religious matters, but violation of religious liberty:- 55. The Jews of Germany were subjected to untold oppression.
56. Let us blow Advert to the U. S. A.- “The nature of American constitutional and judicial systems is such as to link together constitutions, major laws and court decisions into one complex.” (Religious Liberty, p. 529). The constitutions of the various States declare and protect tile rights of their citizens to religious belief and its exercise in terms summed up in the following statement of Dr. Zollman in his book “American Church Law”:-
57. Liberty of conscience is guaranteed by the court as well as constitute. “Liberty of conscience and belief is preserved alike to the followers of Christ, to Buddhists and Mohammedan, to all who think that their tenets alone are illuminated by the light of divine truth, but it is equally preserved to the skeptic, agnostic, atheist and infidel, who says in his heart, ‘There is no God’.” (Religious Liberty, page 534.) Is the United States of America a Christian country in the juridical sense? Various court decisions on the question are in. the affirmative. This fact has great bearing on the legislation of the country. Dr. Zollman comments in standard work “American Church Law”, as follows:-
58. The constitutional legal system confers positive aid upon religious societies by exempting their property from taxation. The United States generally prohibits by law or by Court interpretation of State constitutions, sectarian instruction in public schools. Private schools are allowed great freedom in organisation and programme. There is a growing conviction about the importance of imparting religious instruction in the building up of character and giving values in life and a demand is being made for the imparting of religious and moral education of a non-controversial type in State schools. In the words of Dr. Zollman:
59. We have so far dealt with the countries under the sway of Christianity with reference to the religious liberty that their constitutions allow. Let us now deal in passing with the countries where Buddhism is the dominant religion. They are Japan and China. Article XXVIII of the Constitution of JAPANESE EMPIRE reads thus:
Religious freedom is limited to belief. It is to be exercised within limits of law of the land and consistent with the duties of the individual to the State as its subject. (Religious Liberty, p. 49.) The idea about the Emperor of Japanese Empire as something of the divine is peculiar to the Japanese. In the words of a distinguished member and officer of the Diet, “He (the Emperor) is to the Japanese mind the Supreme Being in the Cosmos of Japan, as God is in the universe of the Pantheistic philosopher. From him everything emanates, in him everything subsists…… He is supreme in temporal affairs of the State as well as in all spiritual matters.”-[Religious Liberty, p. 51.] Shinto is the State religion. In the words of Professor Genchi Kato,-
“Private religions”, says Searle Bates, “may be cherished in addition but not in conflict; in subordination to the State religion, not in absolute allegiance.” All education in Japan is dominated by the Imperial Prescript on Education. The elementary schools of the State are compulsory and universal, with uniform text-books prepared by the Department of Education. Secondary and higher schools, public and private, vary somewhat in type but not in programme and directive in so far as civic and moral education are concerned. 60. We now come to CHINA. To quote Searle Bates,- Article 15 of the Constitution says:
61. There is no dominant religious faith in working relation to the State. The social and ethical teaching of Confucianism are widely influential in the cultural nationalism of the country. The Buddhist religion has been accepted into the general culture. Confucianism, Buddhism, Mohammedanism and Christianity are the established religions in China. There is a constitutional pledge to religious freedom. Despite multiplicity of religious faiths, China is known as “a land of tolerance and social harmony”. China has no religious instruction in the public system and refuses recognition to elementary or junior or middle schools which impart religious instruction. Senior middle school and colleges may have elective course in religion and religious exercises. The official position is summarised in the following Government reply to a petition submitted by twelve church bodies for permission to impart religious instruction in private schools:-
62. We have dealt above with Religious Liberty as provided under the constitutions of countries under Christian and Budhist domination. Let us now have just a passing review of the Religious Liberty in the Muslim countries. ISLAM controls the entire life of the Muslims. According to Islamic conception, “Church, State and the Community are one entity”. “Orthodox Islam”, writes M. Searle Bates, (P. 9) “is the contrary on religious liberty and finds no room for the concept as developed in Western lands. In principle it forbids apostasy under dire penalty and provides for change of faith only toward Islam.” Another English writer S. A. Morrison writes in his book “Religious Liberty in the Near East” as follows:- The writer goes on-
Illustrating this point, M. Searle Bates points out that IRAN forbids religious propaganda in general and absolutely prohibits “proselytizing” of minors. The law of the land assures freedom of worship but permits meeting only in churches, not even in private houses. (Religious Liberty by Bates, p. 10.) 63. EGYPT’S constitution declares that “Islam is the religion of the State”. A Royal decree is necessary for the building of a church. The TURKISH Constitution allows freedom of service and provides that “no one can be disturbed on account of the religion, rite, or sect to which he belongs, nor for the philosophic opinions which he professes. All ritualistic ceremonies which are not contrary to the public order or morals, or inconsistent with the law, are authorized.” The civil code of Turkey declares that adults of eighteen years and over are free to adhere to the religion of their choice. Proselytising in general is severely discouraged, and in the case of the young it is kept far outside of practical possibilities. (Religious Liberty, pp. 10, 13.) Death penalty for apostasy from Islam is presumed to be still effective in parts of Afghanistan and Central Arabia. 64. Writing about religious freedom in education S. A. Morrison says in his gook on page 9:
For example, in Egypt teaching a pupil a religion other than his own while he is still a minor and incapable of true discernment, is declared as an offence against public order and morals. The teaching of Islam according to prescribed syllabus, to all Muslim students, whether reading in Government or Mission schools, is compulsory. The fundamental position, of the Government of Egypt is well-stated in a circular of the Ministry of Education, issued in 1940.
65. “In Muslim eyes”, writes S. A. Morrison, on page 9 of the same book, “the apostate is traitor, both to his religion and to his community.” The spirit of nationalism which has emerged in the countries of Middle Last also as a result of secular spirit prevailing in the advanced countries of the West, lays emphasis on the necessity of “National Unity, based on a common culture,” and whether the basis of this Unity was sought in race, as in Turkey, or in religion, as in most other Muslim countries, “Christian and Jewish minorities with their different culture came to be regarded as elements of weakness within the national organism”.
66. There exists at present a deep-rooted suspicion of foreign imperialism in the minds of the people of the Near East countries and only too often their belief is that, directly or indirectly, missions are the agents of a foreign Government. Government of the Near East countries are, in particular, “suspicious of foreign educational institutions, lest these be used for either religious or political propaganda”. “Belief in religious liberty”, says S. A. Morrison, “was the result of a long drawn-out struggle in western countries. That struggle is as yet in its early stages in Muslim lands. Some Muslims have caught the vision, and would hasten its realisation by the complete separation of religion and politics. “The major issue in Near East countries today is”, Says S. A. Morrison, “whether they will follow the road of modern democracy towards equality of all citizens, irrespective of their race or religion, or whether they will cling to the Orthodox Muslim conception of the superiority in all aspects of life of the Muslim over the non-Muslim”. 67. Such
in brief are the constitutional provisions pertaining to religious liberty
in the various countries. In the next chapter we shall consider the
position pertaining to the Religious Liberty under the constitution of
Free India.
CHAPTEIR. II.-RELIGIOUS LIBERTY UNDER THE INDIAN CONSTITUTION India having deliberately decided to follow the road of modern democracy towards equality of all citizens irrespective of their race or religion, it will be interesting to examine the extent of religious liberty permitted by the Constitution of India. 2. The Preamble to the Constitution secures to all its citizens: (a) Justice, social, economic and political. 3. Religions liberty guaranteed under the Constitution is dealt with under more than one heading viz: (a) Freedom of conscience, of free profession, practice and propagation of religion. 4. Freedom vouchsafed by the Constitution under the above headings is, however, not absolute but is subject to certain restrictions deemed essential in the interest of the welfare of the State. Thus, article 25 (I) lays down that the freedom of conscience and the right freely to profess, practice and propagate religion is subject to “public order, morality and health”. Paragraph 2 of the same article further lays down that “Nothing in this article shall affect the operation of any existing law or prevent the State from making any law regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice.” Similarly, article 26 of the Constitution contains a provision to the effect that “The right to establish and maintain institutions for religious and charitable purposes and to own and administer movable and immovable property acquired for the above purposes and even the right to manage its own affairs in matters of religion is subject to public order, morality and health.” The administration of property is further subject to the law of the land. 5. The State, not being wedded to any one religion, follows a policy of religious neutrality in the matter of education. Article 28 (1) of the Indian Constitution lays down:
Private bodies, however, have been guaranteed freedom to establish and administer educational institutions of their own choice and to impart religious instruction therein subject to the “Conscience Clause”. Article 28 (3) runs as follows:-
The doors of both the State and the Government-aided private schools are open alike to all the citizens. Admission to these Temples of Knowledge cannot be refused on the basis of “religion, race, caste, language, or any of them”. Article 29 (2) says:
6. The Constitution of India provides against discrimination in administration on the basis of religion. Article 15 (1) says:
Similarly, article 16 (1) and (2) provides for equality of opportunity to all citizens in the matter of public employment. It says:
In the matter of award of grant-in-aid to denominational educational institutions, discrimination on the basis of religion is ruled out under the Constitution. Article 30 (1) runs thus:
7. In considering the Fundamental Rights given under the Constitution one should not forget its preamble. The preamble is not like the preambles of other ordinary Acts. It is a solemn declaration of our whole purpose. In fact it is the very seed which has sprouted, grown into mighty tree and borne fruits in the subsequent Chapters and Articles of the Constitution. This preamble, as has been quoted in the beginning, says that: “We, the people of India……… give to ourselves this Constitution in order to secure to all its citizens Justice, Liberty, Equality, Fraternity.” There is no doubt that a Constitution though mainly meant for its citizens has also to provide for foreigners living within its territory. Our Constitution has also done that. But a distinction has to be drawn between the rights available to its citizens and those available to a foreigner; even as the duties towards the State of citizen and a foreigner are not the same. Quite a number of provisions are undoubtedly applicable to all persons residing in. the country irrespective of the fact whether they are Indian Nationals or aliens. For example, article 14 of the Constitution declares that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” The safety of persons and personal property of all persons, citizens or non-citizens, are guaranteed under Article 20, 21, 22 and 31 of the Constitution. Article 25 likewise guarantees freedom of conscience to all the inhabitants of the State. There are, however, some other provisions of the Constitution which confer rights exclusively on the citizens of India. Thus, under Article 19 (1) certain rights regarding freedom of the individual appertain to citizens only. The article is given below:- (i) All citizens shall have the right- (a) to freedom of speech and expression; The “Seven Freedoms” guaranteed under Article 19 (1) are, however, subject to five limitations contained in clauses (2) to (6) of the same Article. These restrictions may be imposed by the “State” Legislatures in the interest of the security of State, public order, decency or morality, protection of Scheduled Tribes, etc. The distinction made in the Constitution between citizen and non-citizen has an important bearing on the rights and duties of the foreigners, and have special significance for the purpose of our enquiry. 8. We have quoted in this chapter constitutional provisions relating to religious liberty in India. In the foregoing chapter we dealt with the facts of religious liberty under the respective constitutions of other countries. A comparative study discloses that, viewed in the light of religious liberty, the countries of the world may be divided under two main categories, viz.- (1) Theocratic States, i.e., those having State religion. By the very nature of things there are likely to be discriminations and preferences, whether overt or covert, in favour of the State religion in the States under the first category. Followers o the State religion enjoy rights and privileges which are denied to others. The principle of equality of all religions cannot, therefore, fully operate in these States. An overwhelmingly large majority of Islamic and many of the Christian countries fall under this category 9. Secular States may be further sub-divided into two classes, viz.- (a) Those where the very idea of religion is hated and discarded as a dangerous thing. In the former countries it can be said that religions liberty has no place, not for the reason that the State is wedded to any particular religion and therefore, there is leaning of the State in favour of that religion, but for the reason that all religions ate looked upon with disfavour. There is, therefore, no freedom for any religion. Communist countries would fill under this category. In countries under the second heading, there is equal regard for all religions and no discrimination in favour of any one. The followers of all religions are allowed freedom to profess and practise a religion of their choice subject to certain qualifications (e.g., public order) applicable to the followers of all religions without any distinction. India falls under the second heading. There is no doubt that there is a multiplicity of religions in India. But India seeks “unity in diversity”. It is only through a “reverential approach” to faiths other than one’s own that one can realise “the principle of equality of all religions”. We can do no better than quote from Mahatma Gandhi’s writings about the need of the hour:
10. Following this dictum of the Father of the Nation, the framers of the Constitution, in their anxiety to preserve the secular nature of our State, have guaranteed equality to all religions. But if the followers of any one religion deny it not only in their mental attitude but in their outward conduct and behaviour, then it becomes the duty of the State to keep an eye on the religions activities of the votaries of different religions and to step in wherever there is any misuse of their rights threatening public order or solidarity of country. This is an obligation imposed by the Constitution. 11. This is borne out from the discussions that took place in the Constituent Assembly when this Article 25 of the Constitution (Article 19 of the Draft Constitution) was being considered. Dealing with the scope of Article 25 (then Article 19) Shri K. Santhanam, Lieut. Governor of Vindhya Pradesh, then a member of the Drafting Committee, spoke as follows:-
12. Although the question relevant to our enquiry regarding religious freedom has probably not come up for decision before our High Courts and the Supreme Court of India, yet the interpretation of Article 25 of the Constitution came before the High Court of Bombay in a different context. And it may not be out of place to quote the following observation from their judgment in Civil Application No. 880 and Miscellaneous Application No. 212 of 1952, dated the 12th September 1952, reported in A.I.R. 1953, Bombay, page 242. Chagla, Chief Justice says:- 13. In the same judgment, Justice Shah says -
14. It may also be interesting to quote the following passages occurring in the judgment, dated the 16th March 1954, of the Supreme Court reported in A.I.R. 1954 S.C. 282:-
These were undoubtedly political activities though arising out of religions belief entertained by a particular community. 15. “In such cases”, as Latham C. J. pointed out, “the provision for protection of religion was not an absolute protection to be interpreted and applied independently of other provisions of the Constitution. These privileges must he reconciled with the right of the State to employ the sovereign power to ensure peace, security and orderly living without which constitutional guarantee of civil liberty would be a mockery.” (pages 290-291 A.I.R., Supreme Court, 1954).
The dawn of Independence saw India on the threshold of a new era. Widespread efforts at political, economic and social reforms were initiated. The nation’s particular keenness on securing for all minorities including Christians a place of genuine honour and importance was immediately noticed in the Drift Constitution. Notwithstanding the unpleasant memories associated with the advent of the Western Christian Missionary activities in India and the methods used by foreigners under a foreign Government, notwithstanding that in the fight for Independence Christians as a whole had little or no share, apart from a man here or a man there, in spite of bitter memories of the partition of the country on the basis of religion and in spite of the pleadings of some of the powerful parties in the country, our rich and ancient culture and civilization found natural expression in the words of our Prime Minister, “As long as I am at the helm of affairs India will not become a Hindu State” (India’s Minorities, page 21). A truly secular and democratic State was set up. In the land of about 350 millions, most of whom are Hindus by religion, a place of honour was assured to a minority of about 10 millions. 2. It is not without reason that the majority community in India today thinks that the minority sentiments should respond to the large-heartedness and liberal gesture of the framers of the Constitution to make India strong and progressive. The attitude of the minorities may not have been very helpful in the past, backdoor methods to sabotage the national movement may have been used, but the country expected that after Independence there would be perfect harmony with and trust in the majority. This hope was further fortified by the withdrawal by Indian Christians of their claim to have separate electorates in certain provinces. On the ground that reservation of seats implied lack of confidence in the majority community, representatives of the Indian Christians declared before the Constituent Assembly that they were not in favour of such reservations, and consequently on the 28th May, 1949 the Constituent Assembly abolished reservation of seats for all minorities except Harijans and Tribals. But within a short time of the passing of the Constitution reports of undesirable activities, chiefly at the instance of foreign Missionaries, started pouring in from different parts of India. On the other bind, it was urged on behalf of the Christian Community that the guarantees provided in the Constitution were not being followed by certain State Governments and that Christian Missionaries were being harassed in the exercise of their rights to propagate their religion. It is, therefore, our purpose to see what the facts are as disclosed in the oral and documentary evidence gathered by us. 3. We have mentioned elsewhere that a sudden fillip was given to Missionary activities after the passing of the Constitution. We shall deal with the evidence which has been brought before us to indicate the extent of foreign assistance received by the various Missions. Foreign Money From January
I950 to June 1954 a sum of Rs. 29.27 crores of rupees had been received
in India. The details are as below:-
This was the information supplied by Government of India as based on the figures compiled from the statistics maintained by the Reserve Bank. 4. In the absence of appropria |