6 months ago
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The Chhattisgarh High Court has disposed of 2 petitions seeking the removal of hoardings prohibiting introduction to pastors and "converted Christians" successful 8 villages, holding that they were installed to forestall forced conversions done allurement oregon fraudulent means and cannot beryllium termed arsenic unconstitutional.
The part seat of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that the hoardings look to person been installed by the acrophobic gram sabhas arsenic a precautionary measurement to support the interests of indigenous tribals and section taste heritage.
The bid dated October 28, 2025, was passed connected petitions filed by 1 Digbal Tandi of Kanker territory and Narendra Bhavani of Bastar district.
The petitioners raised the contented of the alleged segregation of Christians and their spiritual leaders from the mainstream colony community.
The pleas alleged that the Panchayat Department instructed the zilla panchayat, janpad panchayat and yet the gram panchayat to walk resolution/oath successful the sanction and benignant "Hamari Parampara Hamari Virasat" (our tradition, our heritage) and the existent volition of the circular to the gram panchayat was to instruct them to walk a solution prohibiting the introduction of pastors and "converted Christians" successful the village.
The Ghotiya gram panchayat successful Bhanupratappur tehsil of Kanker enactment up a hoarding stating that the colony comes nether the 5th Schedule Area and provisions of Panchayat (Extension to Schedule Area) Act, 1996 (PESA Act) are applicable and that the gram sabha is competent to support the individuality and civilization of the village, the petitioners claimed.
They alleged that based connected the solution of the gram sabha, pastors and converted Christians from different villages are prevented from entering Ghotiya for spiritual programmes oregon conversions, creating a consciousness of fearfulness among persons from the number community.
Also read: Christians being targeted for ‘forced’ conversion, churches being desecrated, delegation tells NCM
According to the petitioners, akin hoardings were erected successful Kudal, Parvi, Junwani, Ghota, Havechur, Musurputta and Sulangi villages.
Counsels for petitioners argued that gram sabhas cannot walk resolutions that were against the Constitution and the law.
They contended that the gram sabha resolutions and these hoardings interruption Article 25 of the Constitution of India that guarantees state of religion.
Additional Advocate General Y.S. Thakur submitted to the tribunal that the PESA rules empower the gram sabha to support the strategy of section taste heritage, including places of deities, worship systems, institutions (Gotul and Dhumkudia) and humanistic societal practices from immoderate destructive behaviour.
It is mentioned successful the said hoardings that the Scheduled Tribes residing successful the colony are being illegally converted done allurements. Thus causing harm to the section taste practice and tribal culture, which is successful implicit usurpation of PESA Rules, helium said.
Mr. Thakur pointed retired that the hoardings were for the constricted intent of prohibiting lone those pastors of the Christian religion from different areas who were entering the colony for amerciable conversion of tribals.
He further stated that if a idiosyncratic is not satisfied with the gram sabha's decision, helium could person appealed earlier the sub-divisional serviceman (Revenue).
However, the petitioners, without exhausting the remedy, filed the pleas successful the quality of pro bono publico, and therefore, the aforesaid is not maintainable and deserves to beryllium dismissed, Mr. Thakur said.
Citing Supreme Court judgments, the tribunal ruled, "the installation of the hoardings for preventing forcible conversion by mode of allurement oregon fraudulent means cannot beryllium termed arsenic unconstitutional".
The tribunal besides observed that the petitioners should person archetypal exhausted the statutory alternate remedy disposable earlier approaching the precocious tribunal seeking redressal.
It stated that if the petitioners person immoderate apprehension that they volition beryllium restrained from entering their villages oregon if a menace cognition exists, they whitethorn question extortion from the police.
