Mathew N. Schmalz
Professor of Religious Studies, College of the Holy Cross

Mathew N. Schmalz

Schmalz writes and teaches in the fields of Comparative Religions and South Asian Studies. He also writes on Catholic spirituality.

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Conversion, murder and India's Supreme Court

M2X00066_9.JPG
This November 23, 1999 file photo shows people carrying a portrait of Graham Staines, the Australian missionary who was murdered along with his two sons by Hindu fundamentalists, as a tribute during a "millennium harmony march" to mark the 400th anniversary of the 'Bandel' church in Calcutta. On January 21, 2011 India's Supreme Court dismissed a death sentence plea for the killer of an Australian missionary and his two sons in 1999, ruling that a life sentence was sufficient punishment. (ARKO DATTA/AFP/Getty Images)

Is conversion wrong? Is anger over conversion an extenuating circumstance for murder?

In India, the answers are "yes and maybe"--at least according to a recent ruling by India's Supreme Court.

At issue was the murder of Graham Staines and his two young sons. Staines was an Australian missionary who ran a leprosy clinic in rural Orissa, a state on India's eastern coast. On January 22, 1999, Staines was resting with his two sons in their station wagon. The car was surrounded and set ablaze by a crowd in the village of Manoharpur. Staines and his sons burned to death when the crowd prevented them from escaping their vehicle.

According to Indian news reports, the crowd was enraged by rumors that Staines was enticing members of local tribes to convert to Christianity since he had just returned from a revival meeting. India's Central Bureau of Investigation (CBI) argued that the leader of the crowd, Dara Singh, should be sentenced to death. Last Friday, India's Supreme Court rejected the death penalty but upheld the life sentence that was originally applied by a lower court in Orissa.

It wasn't the decision itself that left many scratching their heads--instead it was the strange way that the decision was framed.

According to Indian law, the death penalty is reserved for cases that are especially heinous and rare. In observing that the murder of Staines and his sons did not meet this standard, India's Supreme Court added that the crime was committed "to teach Staines a lesson about his religious activities." The decision went on to criticize conversion as based upon a "flawed premise that one religion is better than the other." All of this left many wondering whether India's highest court was confused about who the real criminals were.

Faced with criticism from Christian groups and the secular media, India's Supreme Court backtracked. The justices who wrote the original decision removed the line implying that burning someone alive was some sort of "lesson" gone awry. Language denouncing any form of religious violence was retained and the criticism of conversion softened. Gladys Staines stated that she was satisfied with a life sentence for those who killed her husband and sons since the death penalty prevented reform and repentance.

While the Staines case might now fade into the background, the incendiary issue of conversion will not die down so quickly.

There are a variety of reasons why conversion provokes such heated debate in India. There is legacy of Portuguese and British colonialism and imperialism in which conversion to Christianity was often an explicit policy goal. Along with this came negative portrayals of Hinduism as pagan and oppressive. In the years following Indian independence, there has been a widespread perception that Christian missionaries have used financial allurements to induce conversions. A number of Indian states, including Orissa where Staines was murdered, have enacted anti-conversion legislation that India's Supreme Court has upheld as consistent with constitutional guarantees of freedom of religion--after all, the argument goes, inducing someone to convert forestalls any truly free choice. Hindu nationalists also have used conversion as a political issue, and have embarked on efforts to reconvert Christians to Hinduism. While the Indian Supreme Court's language might be confused, the confusion mirrors contending views in Indian society as a whole.

Much of this concern about conversion is unfounded. Christians constitute a tiny minority of India's large population and many Protestant and Catholic denominations eschew overt conversion efforts because of their political repercussions. While some Christian sects actively ridicule Hinduism and Hindus, the real movement within most Indian Christian denominations is for greater Hindu/Christian dialogue and cooperation. In many Indian villages, for example, Hindu and Christian rituals can overlap in surprising and mutually supportive ways. In any case, Christianity is hardly foreign to India, since Christian communities in India date from at least the 4th century, if not earlier.

But the fear remains that low caste groups will convert en masse to Christianity and thus reconfigure the religious and political landscape. It is certainly the case that Catholic and Protestant schools and hospitals have significant visibility in India. This visibility contributes to the perception that Christians are privileged and that India's poor would be uniquely attracted to such an apparently affluent religion. Institutions such as Staines's leprosy clinic are thus understood as inevitably promoting conversions in contexts where there is competition over very limited resources.

In India, the real issue isn't really conversion, it's powerlessness--particularly the fear that those without power will gain it. Low caste Christians are treated as poorly as other low castes--even by the very same Christian denominations that otherwise denounce India's society as "caste ridden." And so, on February 24, India's Supreme Court will enter the conversion fray yet again, by reconsidering laws that deny low caste Christians government benefits reserved for other low caste groups. When it issues its ruling, India's Supreme Court will have the chance to give a straight answer to the conversion question: it really doesn't matter. Religious identity is often more malleable than is generally supposed and Indian Hindus and Christians can share more than than mutual suspicion.

By Mathew N. Schmalz  |  January 28, 2011; 10:08 AM ET Save & Share:  Send E-mail   Facebook   Twitter   Digg   Yahoo Buzz   Del.icio.us   StumbleUpon   Technorati  
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I do believe the Hindu religion can do without this kind of wise-ass pontification from self-appointed experts who have barely skimmed the surface of Hindu philosophy. To coin a word, there is a faintly 'stuperior' attitude that emerges from the writer's 'joust' against Hinduism. Merely dropping words like 'pagan' and 'oppressive' cannot be sufficient argument against any religion, nor can any incident, however heinous, be seen as just and sufficient cause for censure of the religion itself. All religions have their share of misguided zealots and practitioners and no religion exists that has not seen its fair share
of CRUELTY AND OPPRESSION. As for the Supreme Courts pronouncements, we can take care of our own judicial system thank you -our perceptions of justice are not necessarily inferior to yours. As for you, you can help by refraining from treading on unfamiliar turf and by
keeping your precious Staines' to yourselves.

Posted by: ortis25 | February 7, 2011 3:48 AM
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Edbyronadams,
There is a reason why you are "mystified".
For most people who are not Christian or Muslim, religion is about evolving as a person. For the "political religions", it's about winning at all cost. Even if this means hurting others and causing problems.

Yasseryousufi,
You wrote, "Looks like they are confusing mob rule with democracy in India." That's hilarious, especially coming from someone in Pakistan where the murderer of Governor Taseer was celebrated by the majority (true mob rule?).
Predatory proselytization is a very real source of problems and division. For "political religionists", it may be mystifying. But for most mature and decent people, it is a serious problem that must be addressed. The supporters of missionaries need to look deeply within and ask themselves what their true intentions are.

BTW,
I know Muslims and Christians like simple narratives about Dalits in India because of their their not-so-hidden destructive agenda. But the recent Chief Justice of the Supreme Court of India was a Dalit. One of the authors of the Indian Constitution was a Dalit. Some of the leading politicians in India today are Dalits. Does this progress in Indian society since independence in 1947 make you happy or sad. If it makes you sad, then you know what your true intentions are in this "game" of conversion.
Be Honest. The Truth always wins.

Posted by: clearthinking1 | January 30, 2011 3:01 PM
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I'm mystified. How can a free market of spiritual ideas create misery?

Posted by: edbyronadams | January 30, 2011 6:28 AM
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test

Posted by: yasseryousufi | January 30, 2011 3:34 AM
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In the years following Indian independence, there has been a widespread perception that Christian missionaries have used financial allurements to induce conversions.

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Whats wrong with that? If Hinduism cannot give Dalits any sense of respect nor fill their empty tummies nor the spiritual void, they have every right to take up another religion that gives them a modicum of respect. I didn't really know Hindu's in India have enacted laws to prevent conversions that have been upheld by the Indian Supreme Court. What kind of a fascist democracy is this? Looks like they are confusing mob rule with democracy in India. The plight of Dalits brought about by Hinduism is unimaginable by itself, now they cannot even get out of this out of their free will. By the way, if hindus believe its just the money and not the mindlessness of their pagan rituals thats driving those Dalits away from Hinduism, why dont their Mittals and Ambanis dig deep in their big pockets and see if they can buy off a few Hindus in Haiti or Nicaragua or Rwanda.

Posted by: yasseryousufi | January 30, 2011 3:32 AM
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Christian missionaries have caused far more problems and created more division, suffering, and pain than they have alleviated. This is true not just in India, but in numerous places throughout the world, like Nigeria and Sudan. Islam is also guilty of causing similar harm and disruption of communities.

It is the supremacist ideology inherent in Christian and Islamic missionaries that motivates their efforts. It is not sincere charity.

All this pain, all this offense, all this division & discord is for what? If concern for your fellow human motivates you, then there is plenty to do for your fellow Christians and muslims who suffer from poverty and disease. Why go to far away lands where you are only causing problems?

We all know the dysfunction that is the answer to the above question. This "dysfunctional spirituality" of supremacism is recognized by all non-Christian and non-Muslim people in the world, whether they are Buddhist, Hindu, atheist, or any native religion from the Amazon to Nigeria to India.

Predatory Proselytization is a sin. It should be a crime by local and international law. Vigilante justice or violence is certainly not the correct response. But a mature discussion about the destructive effects of proselytization and the strange & ethically questionable motivations of missionaries is absolutely necessary.

Slavery was common in the Christian and Islamic world for centuries, but times have changed. The racial supremacism that supported the idea of slavery is no longer acceptable.
Similarly, the religious supremacism that supports the idea of aggressive & predatory proselytization must now be called unacceptable.

Posted by: clearthinking1 | January 30, 2011 3:32 AM
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Greetings, Thomas Baum,

A belated happy new year, to you!

Conversionism is, in fact, a word with more than one meaning. It's current among religious types and is gaining currency in India for obvious reasons. White boys should go home, IMO (no offense). Use google.

Regards,
Farnaz

Posted by: Farnaz2Mansouri2 | January 29, 2011 10:23 PM
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Farnaz2Mansouri2

You wrote, "Conversionism is wrong. It is WROMG. It is a form of violence."

Since "conversionism" is not a word, I will have to guess what you mean by it and I will give that a shot.

If by "conversionism", you mean forcing one to convert than it is indeed wrong.

If by "conversionism", you mean someone telling someone else about Catholicism, since this is what you were referring to concerning "conversionism" and letting them make up their own mind than it is not only not wrong but it is speaking to the dignity of another human being and giving them the respect that every human being should have in making their own decisions, don't you think?

You then wrote, "It does not have to convert them. It knows the position of India on this."

It also does not have to not convert them, at least it should be that way.

To convert or not to convet should be left to the individual concerned.

As far as the "position of India on this", India is a country, it can not possibly have a position one way or the other.

What it is the "position of" is people and as far as I am concerned and as far as anyone else should be concerned is that EVERYONE should have the God-given right to freely believe what they wish to believe.

Do you wish for ANYONE to tell you what you can and cannot believe?

Hope you are doing well and even tho you don't believe in God, you happen to be wrong in this but, in a way, one could say partly wrong.

What I mean by this statement is that God is not even remotely like what some of those that believe in God, believe God to be and I, most definitely, include in this group some of those that do know God's Name.

So, in a way, to not believe in the "God" that some present God to be is correct.

You and everyone else will one day find out that God is truly One to be thankful for and to.

See you and the rest of humanity in the Kingdom.

Take care, be ready.

Sincerely, Thomas Paul Moses Baum.

Posted by: ThomasBaum | January 29, 2011 2:43 PM
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"Along with this came negative portrayals of Hinduism as pagan and oppressive."

Please ignore the Hindu treatment of widows as any evidence of oppression.

Thank you.

Posted by: edbyronadams | January 29, 2011 10:38 AM
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But the fear remains that low caste groups will convert en masse to Christianity and thus reconfigure the religious and political landscape. It is certainly the case that Catholic and Protestant schools and hospitals have significant visibility in India. This visibility contributes to the perception that Christians are privileged and that India's poor would be uniquely attracted to such an apparently affluent religion. Institutions such as Staines's leprosy clinic are thus understood as inevitably promoting conversions in contexts where there is competition over very limited resources.
===================================
In fact, the RCC has made the Dalit, the three hundred million enslaved, trafficked, raped, murdered, wretched of the earth, its special project.

RCC apologists defend their conversionism of the Dalit with the argument that it relieves them of the burden of caste. This is true.

It is also true that the RCC attempts to educate the Dalit, give them access to education, etc.

Conversionism is wrong. It is WROMG. It is a form of violence. If the RCC is concerned about the Dalit, as many people are, it should use its billions in real estate, oil, etc. to help them without converting them. It should pressure the Indian government to work harder and faster on the matter of caste.

If the RCC continues on this path, if the PRotestants do, the situation will grow worse.

It's horrible all around, but the RCC could help the Dalit to develop businesses of their own. It could be creative. It does not have to convert them. It knows the position of India on this.

Posted by: Farnaz2Mansouri2 | January 28, 2011 11:58 PM
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On Faith should have more articles like this about really serious intersections among faith, class, jurisprudence and economics, and less arguing about Beck, Palin and Haggard.

Posted by: WmarkW | January 28, 2011 12:10 PM
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