'India A Secular Country, Respect Constitution': Tripura HC To Chakma Organisations Accused Of Boycotting Christian Converts, Asks State To Take Action

The Court also directed the state administration to take necessary measures to stop the religious persecution of the two families and to not hesitate in arresting those who indulge in unlawful activities and violate the provisions of the Indian Constitution.

Reminding the Chakma organisations that "India is a secular country”, a bench of Justice Arindam Lodh said that every citizen has a fundamental right to preach, profess and choose his religion.

The bench made these observations while dealing with pleas moved by two Chakma community families claiming that they faced discrimination from members of their tribe after they embraced Christianity and now, various social embargoes have been placed against them.

It was also claimed that they were issued show-cause notices as to why they profess Christianity and thereafter, through some proceedings, the Bichar Committee of the Chakma organizations passed an order declaring them as anti-social and outcasted and deprived them of socializing, mixing and interacting with the members of Chakma community.

In the case of one of the petitioners, who is an auto-driver, the members of the Chakma community were warned to not board/use his auto-rickshaw for transportation.

Appearing for the affected families, Senior Counsel S. Kar Bhowmik submitted that respondents no.8 to 28 have taken an active role in committing all those illegal activities which are against the ethos of the Constitution as well as the Chakma Customary Laws Code, 1997 as promulgated by the State of Mizoram and is ordinarily followed by the members of the Chakma community in the State of Tripura.

Against this backdrop, prima facie finding serious illegalities and unconstitutional activities on the part of respondents no.8 to 28, the Court remarked thus:

“They are violating the Indian Constitution. They are trying to infringe fundamental rights of the citizens of India. The members of the Chakma community, particularly, respondents no.8 to 28 must keep in mind that India is a secular country and everybody has the fundamental right to preach, profess and choose his religion. Nobody can invade into such right of a citizen.”

Given this, the Court directed respondents no.8 to 28 to restrain from committing such illegal and unconstitutional activities against any member of their community and to respect the Indian Constitution.

The Court also stayed the notices and the impugned orders of religious persecution and outcasting of the families as passed by respondents no.8 and 9 until further order.

The state authorities have also been directed to take stern action against those Samajpatis or self-styled headmen and the members of the Chakma community who indulge themselves in such unconstitutional activities.

The State Administration was further directed to take action against any of the members of any community to protect the spirit and ethos of the Indian Constitution.

Lastly, a notice has also been called upon from the respondents to show cause as to why a rule should not be issued as prayed for; and/or as to why such further order or other orders should not be passed as to this court may seem fit and proper. The Court has made the notice returnable on November 29, 2023.

Senior Counsel S. Kar Bhowmik assisted by Advocates E.L. Darlong, S. Bal and P. Das appeared for the petitioners.

Advocate General S.S. Dey assisted by Advocate A. Chakraborty appeared for the respondents-State.