The Tamil Nadu Chief  Minister, J.Jayalalitha has again created news when she issued an ordinance ban ning religious conversions by force or allurement. The measure, the first of its kind in India, has generated lot of heat and dust in the country where the majority of the people see it as an attempt by Jayalalithaa to woo the Sangh Pariwar to absolve herself of all the cases pending against her in the courts. "This is a political move and it will have a direct impact on society at large. We are very much concerned about it. Some of our friends are planning to file a litigation against it in the Supreme Court," Nirmala Despandey, a social activist and great grand-daughter of Mahatma Gandhi, said.

Last month’s open threat by 59 dalit (lower Hindu caste) families of Koothirambakkam in Kanchipuram district to embrace Islam and mass baptism of 250 people in Madurai in the State some time ago are cited as the reasons behind the promulgation of the ordinance. According to media reports, over 10 million dalits in the State reel under exploitation by caste Hindus and one-sixth of the 89 per cent Hindu population below the poverty line remain vulnerable to conversions through inducements of dignified living, food, education and employment. "The State Government should immediately take steps in the alleviation of dalits and the poor. The ordinance will not rectify the situation," social activist Narendra Nath who works in these regions said.
But the ordinance issued in haste has been described by the dalits as "outrageous". Dalit leader Udit Raj said the ordinance is not only anti-dalit but also an attempt to give a fillip to religious sentiments and push the forces of social justice to the background. As per the ordinance, if a person is found guilty of converting one to another religion by force, allurement or any other means, he or she will be sen tenced to three years jail besides, being fined Rs. 50, 000. Moreover, on being found guilty of converting a woman, Scheduled Caste, Scheduled Tribe or minor into another religion, he or she will be sentenced to four years jail besides, being fined Rs. 10,000. Not only that, whoever converts by himself or takes part in conversions as "religious priests" will have to inform the local magistrate within 24 hours of the conversion.

Political observers and NGOs believe that these provisions of the ordinance will lead to harassment and even persecution of the convert if he belongs to the socially oppressed and economically disadvantaged sections. "Conditions stipulated in the ordinance are authoritarian and inconsistent with the ethos of a civil society" Sajan K. George, convener of the Global Council of Indian Christians, said. Human rights activists like Rajinder
Sacchar have termed the ordinance as "outrageous". According to them, it has been issued in violation of the Fundamental Rights enshrined in the Constitution, which is explicit on the individual’s right to freedom of conscience and religion. Article 25 of the Indian Constitution says that one is free to own or disown his or her religion. Given this, the Tamil Nadu government’s step is highly "objectionable and disturbing" said, senior leader of the main opposition Congress party, Oscar Fernandes. Deploring the ordinance, Congress spokesperson S. Jaipal Reddy said: "It can be abused and can become an instrument of intimidation." Interestingly, the ordinance has been issued at a time when as many as 47 cases are pend ing against Jayalalithaa in the special courts in Chennai. Among these cases is the one on the purchase of Tansi land. In this case, the Tamil Nadu Chief Minister has been charged with defrauding the State Government of more than Rs. 3 crore by purchasing Tansi land at a throwaway price in 1992. Thus, the case is considered cru cial as it has the potential to damage her political career grievously. By wooing the Atal Behari Vajpayee-led National Democratic Alliance government at the Centre, she can get a reprieve, feel political leaders close to Jayalalithaa. The promulgation of the ordinance by the Tamil Nadu Chief Minister is seen as an effort made in this direction. "It is a classic case of political courting," Jaipal Reddy said. The Left parties have condemned the move saying it was taken to "please the Hindutva communal force," Communist Party of India’s national secretary D. Raja said. He has questioned as to who will determine whether in a given case, force, coercion or allurement has been employed. On the other hand, the BJP and RSS have welcomed the ordinance. While the Prime Minister, Atal Behari Vajpayee, has himself suggested a national debate on the issue, the RSS spokesman M. G. Vaidya said: "We welcome it. The other States should also follow suit." BJP President M. Venkaiah Naidu said his party’s manifesto for the Gujarat Assembly elections, expected to take place in December, will include an assurance on anti-conversion law. The BJP President said his party will like to have such measures implemented in all the 28 States and 6 Union territories in the country.

The Minorities Commission has also taken strong exception to the promulgation of the ordinance. Asking for its immediate withdrawal, the Commission said the ordinance "will trigger social tension and disharmony" in Tamil Nadu. In its representation to the State Chief Minister Jayalalithaa recently, the Commission led by its local head, Annamma Philip, made it clear that the Indian Penal Code is adequate to deal with forcible conversions, if any.

The Commission is piqued at the use of words such as "allurements" in the ordinance. It says that the word has not been clearly defined, giving scope for misuse. Section 5 of the ordinance, which requires any priest directly or indirectly involved in the conversion ceremony to send an intimation to the district magistrate, gives room for "misuse and misinterpretation" the Commission said.