High Court of Tripura took strong exception to the way a Chakma family was made outcast by their community for embracing Christianity.
After hearing the writ petition filed by one Traun Chakma Justice Arindam Lodh gave a strongly worded verdict saying that the Chakma community elders’ decision was seriously illegal and unconstitutional and infringement upon fundamental rights of the citizens of India.
Tarun Chakma complained that Chakma organizations- ‘Uttar Andharcharra Chakma Samajik Bichar Committee’ and ‘Kanchancherra Chakma Samajik Adam Panchayet’ and related members of Bichar Committees had castigated the petitioner as anti-social and outcast him from the Chakma community since the petitioner embraced Christianity on November 4 last year.
A show-cause notice was issued upon the petitioner as to why he professed Christianity. Thereafter, through some proceedings, the Bichar committees of these organizations also prevented him from socializing, mixing and interacting with the members of Chakma community. There was public campaign against the petitioner warning the members of the Chakma community to isolate him along with the members of his family too. The Bichar Committees asked other Chakma members not to cooperate with the petitioner in any manner and not board or use his auto (the petitioner was an auto-driver)
Officer-In-Charge of Pecharthal Police Station and the State Administration when learned the development they tried to normalize the situation and to mitigate the matter. Two meetings were held between the members of Christian and Buddhist communities. The situation came under control but the plight of the converted Tarun Chakma did not end.
S Kar Bhowmik, Senior Lawyer for Tarun Chakma pointed out that the steps taken against his client were against the ethos of Constitution as well as the Chakma Customary Laws Code, 1997 as promulgated by the State of Mizoram and being ordinarily followed by the members of the Chakma community in Tripura.
Justice Lodh agreed with the arguments and said, prima facie the actions taken by Chakma community members were illegal and unconstitutional.
“The members of Chakma community, particularly must keep in mind that India is a secular country and everybody has the fundamental right to preach, profess and choose his own religion. Nobody can invade into such right of a citizen”.
Justice Lodh then restrained the Chakma community elders ( respondents in the petition) ‘from committing such illegal and unconstitutional activities against any member of their community’ and asked them to respect the Indian Constitution.
He then stayed the notices and the impugned orders of religious persecution out casting of the petitioner as passed by the respondents.
Justice Lodh asked the state government to ‘take stern action against those Samajpatis or self-styled headmen and the members of Chakma community who indulge themselves in such unconstitutional activities”.
“The State Administration is also directed to take action against any of the members of any communities to protect the spirit and ethos of Indian Constitution. The State Administration would not hesitate to arrest any of the members of any community who indulge in unlawful activities and the offenders of violation of the provisions of Indian Constitution”, said Justice Lodh and ordered submission of an action-taken report through affidavit.
