On Monday, June 19, the Madhya Pradesh High Court directed the state government to take steps to ensure that no religious education is provided to children who reside in shelter homes registered under the Juvenile Justice (Care and Protection of Children) Act, 2015. The single bench of Justice Vishal Dhagat further ordered that only modern and secular education be imparted to the children.
The Court ruled that the term “education” as defined in Section 53(1)(iii) does not include “religious education.” Therefore, shelter home administrators should provide secular education to children. It was observed that education means modern education that will enable them to earn a living later in life.
This comes after Priyank Kanungo, chairman of the National Child Rights Protection Commission (NCPCR) raided a children’s home named Asha Kiran Institute. During the raid, it was found that the Hindu children were forced to offer Christian religious prayers, read Bible and visit Church. It was also alleged that the Hindu students were not allowed to visit temples or celebrate Diwali. They were reportedly not allowed to follow the Hindu way of worship.
Following the raid, the NCPCR chairman lodged a complaint on May 30 against the authorities of the shelter home in question. Subsequently, an FIR was registered against Jerald Alameda and Leeji Joseph under sections Section 7 of the JJ Act and Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act, 2021.
To challenge the registration of FIR, accused Jerald Alameda and Leeji Joseph contended that under the provision of Section 54 of the JJ Act, the inspecting team should comprise three members, including a woman and a medical officer.
It was further argued that even if the children were found with Bible or were made to chant Christian prayers, it cannot be concluded as religious conversion. The applicants contended that under section 75 of the JJ Act, no criminal offence was committed.
This argument, however, was met by the State’s counter that acts committed by the applicants Almeeja and Joseph are covered under a section of the MP Freedom of Religion Act.
Furthermore, it was alleged that this is a case of mass conversion since more than two children in the Child Care Home are coerced into reading the Bible, going to church, and praying adding that the infraction is serious in nature.
As there is no complaint filed by the person who was converted, the person who was wronged, the person against whom an attempt was made to convert, or their relatives, the Court held that the police did not have jurisdiction to inquire or investigate an offence committed under Section 3 of the MP Freedom of Religion Act. In addition to this, the anticipatory bail applications of the applicants were allowed.
