Showing door to real religious persecutors – The Himanta Biswa Sarma way

Has it ever happened in Bharat that foreign nationals have been taken to task for perpetrating religious crimes here in her soil? The law about regulating the visitations of foreigners quite clearly gives that in violation of Section 14 of The Foreigners Act, 1946, such perpetrating foreigners ought to be deported. How much action in this sphere have we seen taken, state-wise, until now? Very rare, once in a blue moon, only when some permutations and combinations do not work out well, religious crimes’ committing foreigners face legal irk.

Indeed, the Modi-Shah duo have set an unprecedented example to show the citizenry that any untoward act, against this nation’s interests, be it in any form, even those of the nature of persecution of Hindus, shall not be tolerated even to an ounce. However, that has not manifested into different states taking any proactive measures to deal with such offences.  

Here comes Himanta Biswa Sarma, donning the cap of legal recourse in his ambit, swiftly addressing the Hindu religious persecution issues at the hands of foreign nationals, mostly at the behest of Foreign Contribution Regulation Act (FCRA) fund gobbling NGOs.  

The details of the matter are out in the open showing how Swedish and German evangelists have been given the legal treatment that they rightly deserve. But, an aspect of this spring cleaning of the state of Assam being carried out by Himanta Biswa Sarma, the honourable Chief Minister of this state should not go unnoticed.  

It is totally another matter for central government to bring in laws, regulations and try and enforce it as best as possible, but to prudently make use of these enactments to safeguard the rights of the people residing within Assam’s territorial jurisdiction is political activism effectuated with legal reinforcements already in place which other states make seldom use of.  

To be elected as the Chief Minister of the state and then abide by his Constitutional Duties and constantly keep delivering to the persecuted people’s cause is something unheard of in the nation’s scenario, only Yogi Adityanath is another name that springs to the general conscience when naming those who have achieved constitutional privileges but still have been delivering honestly to their state’s people.  

As Amit Shah is considered an ‘iron wall’ that protects the nation’s interest, so is Himanta Biswa Sarma to be considered, for, implementing the laws has been mostly lost from political consciousness long ago. A silent gratitude from every Bharatiya to this gesture of Himanta Biswa Sarma is in order.

Moving to the legal part of this issue, the Foreigners Act gives among other reasons for penalising foreign nationals visiting Bharat, under (b) of Section 14, that whoever does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder shall be liable to pay penalties for contravention of provisions of this Act.  

So, turning to the visa guidelines under ‘XVII MISSIONARY VISA’ under ‘eligibility’ which states, “A Missionary visa is granted to a foreigner whose sole objective of visiting India is Missionary work not involving proselytization. Visa shall NOT be granted to preachers and evangelists who desire to come to India on propaganda campaigns, whether on their own or at the invitation of any organisation in India.”  

Most official websites of NGOs both within Bharat and parent/fraternal/ sister concerns of Indian NGOs operating from foreign lands vividly display the proselytization work carried by their foreign missionaries including within Bharat.  

Numerous handouts, pamphlets seeking donations for such foreign missionaries’ visit to Bharat are circulated prior to their visits to raise enough funds to make such proselytising visits a reality. Facebook and other social media posts run wild with photos of tribal and fringe community people being proselytised in wholesale quantities, that is the value attached to indigenous human lives of Bharat by them! Chuck the upliftment, social service providing motive out the window! This is the bitter truth of the matter as amply evident to some Bharatiyas at least now.

Before catering to the cacophony of persecution of visiting foreigners (deportation for violations of Grundnorm and laws that be in any visiting country by visiting foreigners is generally termed as persecution by proselytising foreign countries), persecution of indigenous and other fringe community people in the hands of such foreign evangelists needs to be heard and addressed.  

In this light, there arises a question as to amendment of the word ‘missionary visa’ itself for there is no detachment of ‘proselytization agenda’ from any missionary cause; it mostly is effectuated silently or displayed when conditions are favourable!  

So, it is not in the nation’s interest to be granting missionary visas or having such a provision in visa guidelines itself. For that matter, even visa guidelines stating ‘restriction on engaging in tabligh activities’ giving ‘foreign nationals, granted any type of visa and Overseas Citizen of India (OCI) cardholders, shall not be permitted to engage themselves in tabligh work. There will be no restriction in visiting religious places and attending normal religious activities like attending religious discourses. However, preaching religious ideologies, making speeches in religious places, distribution of audio or visual display/ pamphlets pertaining to religious ideologies, spreading conversion, etc. will not be allowed,’ needs a relook as Islam too is not devoid of proselytisation, that being one of the basic principles on which the religion runs.  

When religious visits having terms like missionary are purged from Visa Guidelines, the monotheist religions which are fuelled basically by proselytization motive become toothless in their nefarious agenda mobilised by foreign nationals visiting Bharat on the pretext of religious visits.

In general, suitable amendments to do away with ‘missionary visa’ seems necessary. That way, ambiguity regarding proselytisation gets expunged and even foreigners visiting for purported other purposes, if indulging in proselytising activities, can be dealt with easily.  

Also, we know sentinels like Himanta Biswa Sarma and Yogi Adityanath will answer this call of duty and reign in any untoward behaviours from such visiting foreigners. In my prolonged primary investigation of more than 700 FCRA NGOs now, although I have come across such foreign evangelists wreaking havoc by religiously persecuting indigenous faith people here, misusing their visiting visas, I have not come across any state governments addressing these issues suo moto; only time will tell if other states take this clarion call seriously!

The author is a Senior Legal Analyst & Researcher ICRR. Views are personal. 

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