Arunachal Pradesh to implement law passed in 1978: What is Freedom of Religion Act?

Arunachal Pradesh Chief Minister Pema Khandu said that the rules for the implementation of the Freedom of Religion Act will be framed soon. (File Photo: PTI)

Forty six years after it was passed, the state government is now set to breathe life into the Arunachal Pradesh Freedom of Religion Act (APFRA), 1978, a law that seeks to prevent forceful religious conversions in the state.

Last week, Arunachal Pradesh Chief Minister Pema Khandu announced that the rules for the law, which has so far remained dormant despite its passage, will soon be framed, paving way for its implementation in the state.

What is the Arunachal Pradesh Freedom of Religion Act?

Passed by the first state legislative Assembly of the state in 1978, the law primarily envisages the restriction and prohibition of conversion of people from one religion to another by force, fraud, or inducement.

It carries a punishment of a jail term of two years and a penalty of up to Rs 10,000 for "converting or attempting to convert" forcefully "from one religious faith to another faith."

The Act further mandates that every act of conversion be reported to the Deputy Commissioner of the district concerned, and its provisions include punishment for the person conducting the conversion for failure to do so.

Why was the APFRA first brought in?

Arunachal Pradesh boasts of diverse ethic communities with diverse beliefs and practices. The Monpas and Sherdukpens of West Arunachal Pradesh bordering Tibet and Bhutan practise Mahayana Buddhism, while the Khamptis and Singphos in Eastern Arunachal practise Theravada Buddhism.

The Tani group of tribes comprising the Nyishis, Adis, Apatanis, Galos, Misings and Tagins worship Donyi Polo as do many other tribes who engage in polytheistic nature and ancestor worship. These beliefs and practices have also taken an institutionalised form over the years.

Unlike other North Eastern states like Meghalaya, Nagaland and Mizoram, Christianity made its way into Arunachal Pradesh only in the 1950s due to the colonial policy of isolating the "frontier regions" and restricting the entry of missionaries into the state. These restrictions continued after Independence through the Inner Line system as well.

It was only through the missionary efforts in the foothills of Assam that allowed its gradual entry into Arunachal, and the establishment of the first church in the state in 1957, in East Siang, close to Assam’s Dhemaji district.

As the people identifying themselves as Christians grew (from 0.79% of the population in 1971 to 4.32% in 1981, as per Census data), so did the debate on the methods adopted by missionaries in the state. Communities such as the Padam, Adi, Nocte and Nyishi, located near the foothill missions, in particular witnessed significant change.

Why did the Act remain on backburner?

Christians in Arunachal constitute a sizable 30.26% of the population, as per the 2011 Census, making it a formidable vote bloc that no politician would like to anger. This resulted in successive governments leaving the Act untouched and did not venture into framing the rules for its implementation.

On the other hand, there had been pressure against the Act even before it received presidential assent. The Arunachal Christian Forum was formed the year after the Act was enacted to push for its repeal. It continues to lead the push, terming the Act an “anti-Christian law” that can be “misused by the district administration or police”.

The formidable Christian population and the pressure from Christian groups has ensured that no Chief Minister has moved to enact the Freedom of Religion Act so far. However, Forum president Tarh Miri believes that the issue may see a revival due to a push by the RSS and the BJP-led state government "who view the state’s indigenous faiths as part of Sanatana Dharma".

The case that revived the 1978 Act

According to Chief Minister Khandu, the Act was lying dormant so far but with a recent directive from the Gauhati High Court, the state government is bound to frame rules for its execution and implementation.

"The process of framing the rules is under way and soon, we will have a proper structured Freedom of Religion Act in place," Khandu said, adding that the development will play a significant role in preserving Arunachal's indigenous faith and culture. He also cited examples of several indigenous tribes and cultures vanishing from the face of the world and underscored the necessity to preserve the distinct culture and faith of Arunachal Pradesh.

In 2022, advocate Tambo Tamin, a former general secretary of the Indigenous Faiths and Cultural Society of Arunachal Pradesh (IFCSAP), filed a PIL in the Gauhati High Court, seeking its intervention over the “failure” of the state government to frame rules for the Act.

On September 30 2024, the Advocate General of Arunachal Pradesh informed the HC that the finalisation of the draft rules would take another six months. The closed the petition stating that "we expect the concerned authorities to be mindful of their obligations and the draft rules would be finalised within a period of six months from today."