The Madhya Pradesh high court has given anticipatory bail to an accused and his sister for allegedly converting Hindu children to Christianity at an orphanage in the state.
The court observed that the police do not have jurisdiction to investigate an offence under the MP Freedom of Religion Act, 2021 in the absence of a complaint by the aggrieved party.
Priyank Kanoongo, National Commission for Protection of Child Rights chairman, filed a complaint after he found the Bible in the possession of students at the Asha Kiran Institute in Katni district. He visited the institute on May 29. He also alleged they were “not allowed to celebrate Diwali”.
The bench said, “Police officer shall not inquire or investigate a complaint under Section 3 of MP Freedom of Religion Act, 2021 unless the said complaint is written by a person aggrieved, who has been converted or attempt has been made for his conversion, or by the person who are parents or siblings, or with leave of the Court by any person who is related by blood, marriage or adoption, guardianship or custodianship, as may be applicable.”
While granting bail to Archbishop Jerald Alameda (77) and sister Lily Joseph in the case, the court directed the institute to “ensure that religious education shall not be provided to orphans or children admitted therein.”
“The state government to see that religious education is not imparted in shelter homes to children but they are imparted modern education, as laid down in Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2015. As per Section 53, the state is free to take action in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015 against Asha Kiran Care Institute if there is a violation of Section 53 and sectarian education is provided to children,” the court said.
The petitioners objected to the police filing an FIR in this case, and said that “if children are found with Bible or were making prayer in church, same cannot be said to be religious conversion”.
Appearing for the State, the Additional Advocate General opposed the prayer for grant of anticipatory bail, saying that “this is a case of mass conversion as more than two children in child care home are forced to read Bible, visit church and offer prayer forcefully, therefore, offence is serious in nature,” the newspaper reported.