The
Challenge is in the soil of India
JOHN
DAYAL
Nine years ago, in
2006, I wrote a Public Note, by way to a statement to the media and to the law
leadership in India when the Bar Council of India moved the Supreme Court of
India, opposing the admission of Catholic consecrated women and men practicing
as lawyers in various courts of law. As many others, among them Hindu and
Muslim jurists, I too was shocked at the
approach and perhaps even implied bigotry in that organisation managing
the professional aspects of
lawyering. The matter had been
adequately settled in the Bombay High Court many years ago when it upheld the
marked difference between the vocation of a priest and a nun and their specialized
secular profession. The matter was later
upheld once again in the Kerala High Court.
I asked :“If the Bar Council feels it still needs to agitate
the matter in the highest court of the land, it will have to explain itself to
the common man. What does it oppose – the entry of highly committed rand deeply
religious activists with a social conscience seeking legal redress for the
common man, the poor and the marginalized, demanding equity in law, and
providing a voice to the meek? Is it opposed to low cost and free legal aid
available to gender victims, to Dalits and the starving. Does it not like
commitment and excellence?
“Theologically and under legal definitions, the vocation of
a religious is very different from his or her professional career. A priest or
nun, after years of theological, philosophical and spiritual training – apart
from secular studies – makes a commitment, even a covenant, with God to serve
his people to the end of their lives, making sacrifices most humans would not. Many
of these priests serve in parishes in religious duties. Many others train as
teachers, social workers, doctors, scientists, and even motor mechanics and
serve their local brothers and sisters. If the Bar Council is making a
difference between professionals – the Advocate Act bars even law degree
holders in a full time job in industry or education from practicing in courts –
it needs to remembered that when nuns and priests are employed in the
university or hospitals, they get full
salaries as given to their secular colleagues. It is another matter that most
of them deposit this salary with their congregations. Therefore nuns and priests are not employees
of a church organisation or of a bishop or superior. Nuns and priests, who are
lawyers, whether in Mumbai, Allahabad, Lucknow, Calcutta or Delhi, have done a
tremendous job in legal aid and civil society. This I can vouch for by my
personal and long experience in long years or working with them. They must be
accepted as lawyers and allowed to practice in court in the defence of the
poor.”
I have not always been a practicing Catholic, spending as an avowedly Left-wing writer and activist almost
my entire youth and two thirds of my professional life as an investigating
journalist, Editor and documentary film maker reporting on political, economic
and development issues relating to farmers, labour, religious minorities,
Tribals, Dalits and others forced to live on the margins of government and
public consciousness in the country, and
other parts of the world. This is an
ideological battleground, and those witnessing it cannot remain untouched with
the hidden and open violence against the poor and the weak, with the state
complicit, and impunity rampant. This also gave me an opportunity to see the
rawness of life at the grassroots, the victimization, and the terror. It also helped understand the political
economy, and the lack of social interventions
by civil society. Above all, it helped me see the nexus, collaboration and
conspiracy between big capital, politicians, the bureaucracy and the criminal
justice apparatus -- block level
judicial officers all the way to the high courts and the capricious lawyers – as it operates in real
life.
The Church -- Catholic, protestant, evangelical, Pentecost
-- was among the few organisations present at the grassroots, sometimes even
where the government instruments and
personnel were absent, such as in health
and education, and there was no civil
society, no Non-Governmental Organisations, and in the early years, not a single member of
any of the Sangh Parivar organisations. It was not that the church
presence was always useful. Sometimes it was just one person, and while he or
she could take a ill person to the nearest dispensary, there was little
else that was done, other than perhaps a
basic evangelisation, and that too not in a
very enlightened manner. And sometimes, the church presence became just another
part of the formal structures, the church
personnel doing the bidding of the local political and administrative bosses.
In effect, they became little more than service providers.
But even in the 1970s in my travels in areas that were
forested, or were populated by Tribals and Dalits, as they are now generally
known, I would meet Catholic consecrated men – I would much rather call them Brothers,
Religious Sisters or Nuns and Fathers – working deep in the hinterland, in the
areas inhabited by the poorest of the poor.
And they were often working in politically and physically
hostile areas long before the hoodlums of the Sangh Parivar sought to make
these areas more inhospitable to anyone who challenged their divisive and
hate-filled ideology. Even during the terrible days of the Emergency imposed by
the then Prime Minister, Mrs. Indira Gandhi during 1975-1977, when all voices were stifled and police and bureaucracy
ruled as petty dictators in some banana republic, there were men and women brining solace to the victims, if bit
actually challenging the czars of the ruling structure. I do not know if any
priest or Nun was arrested by the police those days. Perhaps not, but many
surely would have been warned off, and told to stop their activities.
Many years later, I had another cathartic, even shattering
experience that confirmed my oft-articulated
sentiment that Catholic Nuns are ordinary women
challenged to do extraordinary deeds, that they voluntarily identify themselves
entirely with the fate of the poor and marginalised who are at risk of life,
liberty or dignity. Some of these religious women for this with their lives. This
was my visit to the small hut that Sister Valsa John of the Sisters of Charity
of Jesus and Mary called home in a distant village in Pachaura, In Pakur in
Dumka district of Jharkhand, and where she was brutally murdered in late at
night on Tuesday, 15th November 2011. She had been attacked by a group of about
45 men armed with swords, axes and other weapons. Her head was nearly severed
from her body. Some Maoist literature and a spade were left behind. The
immediate suspicion was that she was killed for she had taken sides with the
local Tribals in their long standing confrontation with the corporate sector
mining the area for coal. Years later, the suspicions of a conspiracy remain in
the public mind, and in mine.
Valsa’s death,
the impunity of the state, has made me ask many questions of myself, the laity,
other religious, and of course of the
Church hierarchy Why are these people honoured, often in a token gesture, after their death by
violence or in God’s own time of old age,
but never celebrated when they are alive, and why is their work never really acknowledged unless it is in
their role as principals and teachers of
popular “convent” schools and colleges in metropolitan cities. Above all, where
would be the Catholic church in particular, but without its consecrated people,
followed by the next question why despite a couple of hundred thousand trained
and untrained pastors and bible teacher, the protestant and independent
churches have not been able to get trained and committed people who are not
mere employees, but the very soul of the social and evangelistic outreach of
the faith.
The future of
the Church in general, and its evangelistic and social outreach, beyond the homilies
and the rituals, depends on its consecrated personnel. Of that there is no doubt
in my mind. The Lay component of the church does not lack the zeal, nor the
divine calling, to be use and help to his of her fellow human beings. Their
limited potential of this intervention
despite their more intrinsic “dialogue of life”
with people of other religions and
social identities in the neighbourhood, is because of the nature of
the church in India and the demographic
and economic, social and caste compulsions of the people. The membership of the
church is largely Dalit, Tribal, peasantry
and what can be called the lower economic strata, or at best the lower middle class.
There are very few people who can really be counted as economically well off,
or rich, despite the high visibility of
some tokens of wealth, specially jewelry and large houses on small plots
of land, that one gets to see on the western coast of India or in some urban
pockets. The issues of living an every
day life of survival, trying to eke out a livelihood in an economically hostile
ecology looms large on the common Christian. Add to it the vagaries of
development in the areas which much of the Christian community lives in, the
forested rural hinterland of central India, the plateau of south India, the
Dalit hamlets and the mission compounds of north Indian states, there is little
surprise that Christian youth find themselves sucked early into the rat race,
with no tine to cater to their evolving
social consciousness. Outside Kerala, perhaps, Meghalaya, Mizoram and Nagaland,
the Christian presence in trade unions, political parties and other mass
organisations in small, and often all but non existent.
This in many
ways also shows itself in the lack of political training, if not illiteracy, in
the community, despite the thesis that those in some southern and north eastern
states play an important role in the political processes of their regions. This
is largely because they have large
concentrations of populations in limited areas or pockets. This stratification
may give them an enviable presence in
the electoral politics of their districts, but still keeps them far away from influencing
the national political discourse.
This political
emasculation, if one can so definite it, makes the community very helpless in a
rapidly changing political and economic
discourse which is marked by extremely right wing, casteist and communal
political on the one hand and a development model propounded not just by the
Bharatiya Janata party and the Prime Minister, Mr. Narendra Modi, but also by
regional parties which govern various states specially those rich in natural
resources such as Orissa. The recent legislative “economic reforms” that the
government has brought in, many of them through ordinances as they could go
through the Rajya Sabha where the BJP still does not have a majority of the
vote, make it easy for government to
transfer tribal and forest lands for industry, risking not just the life and
livelihood of the common people but the security if a very fragile ecology and
a rapidly depleting forest cover. The only beneficiaries are crony capitalism.
Some would argue
that even more critical predation is that of the mind, specially of the very
young. The secular and tolerant fabric of society is sought to be changed by
that old fascist trick of indoctrination of the pliant psyche and intellect, catching
them young, so to speak.
The
fact that the Sangh Parivar runs over 57,000 ideology based schools for
children in villages across several states, and specially in areas populated by
Tribals and the Dalits, groups once called Untoucbable, makes available a cadre
of youth and their parents ready to do their bidding in unraveling the secular
heritage of the country’s freedom struggle. The stage is being set for this. The
government’s senior minister, Mr. Venkiah Naidu, a former president of the BJP,
has called for a national law against religious conversions. These laws exist
in six states, and have been passed by two more states but yet made cleared by
the Governors. It is a matter of a few months before they too are brought into
force. These laws have also led to some considerable violence against religious
groups in the years they have been in force. United Nations Human Rights
Special Rapporteurs for Religious Freedom have slammed these laws as infringing
the basic rights of freedom of faith and belief, enunciated in the UN bill of
Rights, and in fact, an important part of the Indian Constitution.
Other
ministers have suggested an immediate enactment of a Common Civil Code, seemingly
a good thing, but rooted in the unsubstantiated premise that Muslims can marry
four wives at a time, are breeding too fast, and will outnumber the Hindus
soon. The law will also impact on Christian personal laws and customs,
particularly in rural populations where tradition and custom are the glue that
holds their society together.
Mr.
Modi’s minister for education, the former TV actor Mrs. Smriti Boman Irani, who
has ordered a revision of text books, particularly of history, to incorporate
more of ancient Indian traditions including references of Hindu sacred texts.
Various important councils in the ministry are now chaired by luminaries wedded
to the thesis that India is the fountainhead of all knowledge in the world. The
BJP and the Minister hold Hindu sacred texts are the 5,000-year-old source of
knowledge on such diverse subjects as plastic surgery, aviation, nuclear
weaponry and genetic engineering.
How
are these to be questioned, and the trends reversed? The church no longer runs the most educational
institutions in the country, with the
RSS, the corporate sector, and the government which too is now almost entirely
in control of the Sangh ideology have collectively overwhelmed whatever were
the values that the Catholic and protestant schools sought to teach for almost
a century and a half through much of the landmass, reaching deep into remote
areas.
This massive
education system, and the growing population of the rural and urban marginalised,
therefore pose a tremendous, even an exciting, challenge to the church in
general, and in particular to its fighting arm, the consecrated men and women.
It remains to be seen if they will rise to the occasion as they have done in
the past in the pioneering tradition of Saint Kuriakose Elias Chavara and Mother
Euphrasia. There is the other nagging question if the lay community will be
able to continue to give of its sons and daughters to the church in terms of
local vocation. The focal points of such calling have always changed with the
times, and new areas have emerged to help change the ethnic profile, but not
the strength of character and tempo, of
those who seek a future in the service of the church and the people.
The growth of
the church in India, and its ability to help change the welfare and human
rights discourse in India to the advantage of the common people, is, I feel
confident, safe in the hands of these brave and committed men and women.
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