The Madhya Pradesh High Court has granted anticipatory bail to an archbishop and a sister who were accused of allegedly forcing Hindu children to convert to Christianity at an orphanage.
The court observed that without a complaint by the aggrieved party, the police lack jurisdiction to investigate an offense under the MP Freedom of Religion Act, 2021.
Archbishop Jerald Alameda (77) and sister Lily Joseph were arrested after Priyank Kanoongo, the chairman of the National Commission for Protection of Child Rights (NCPCR), visited the Asha Kiran Institute in Katni district. Kanoongo filed a complaint of conversion when he discovered a Bible allegedly in the possession of the students. However, the court highlighted that the complaint was lodged by an individual conducting an inspection, and no complaint was made by the converted individuals or those aggrieved or affected by the conversion.
The High Court, in its order issued on June 19, emphasized that the police should not inquire or investigate a complaint under the MP Freedom of Religion Act, 2021 unless it is filed by the person aggrieved, the person who was converted or subjected to conversion attempts, or their relatives. Without such a written complaint, the court stated that the police have no jurisdiction to investigate offenses under the Act.
While granting anticipatory bail, the court also directed the Asha Kiran Institute to ensure that religious education is not provided to orphans or children in its care. It further called on the state government to ensure that shelter homes provide modern education in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015, and take appropriate action if sectarian education is being provided.
The lawyers representing the accused argued that the police had erred in registering an FIR and investigating the case. They asserted that the presence of a Bible or participation in prayers should not be considered as religious conversion.
On the other hand, the Additional Advocate General representing the State opposed the grant of anticipatory bail, claiming that the case involved mass conversion, alleging that more than two children were forcefully made to read the Bible, visit churches, and offer prayers.
The Asha Kiran Institute, established in 2005 in Katni district, is run by the Roman Catholic Church, with infrastructure and space provided by the Railways, according to the lawyers representing the accused.
The case highlights the complexity surrounding religious conversion allegations and the necessity for proper legal procedures to address such claims. The Madhya Pradesh High Court's decision to grant anticipatory bail in this instance emphasizes the requirement for a written complaint by the affected party to initiate investigations under the MP Freedom of Religion Act, 2021.
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