Convicted accused Ramesh and Sakhi Masih (Image: Organiser)
Last week, a landmark judgment was delivered by a district court in Madhya Pradesh, setting a precedent for future cases. Despite the existence of anti-conversion laws in nine states, convictions have been scarce in cases where individuals were accused of coercing or enticing others to convert to different religions. These laws were enacted in response to increasing incidents of conversions from Sanatan Dharma, Sikhism, Jainism, and Buddhism to other faiths through force or inducement.
Landmark Judgement
On March 11, the Sagar district court in Madhya Pradesh convicted two individuals, Ramesh and Sakhi Masih, under the state’s Anti-Conversion Law for enticing a Dalit man to convert to Christianity. They were sentenced to two years of rigorous imprisonment each and fined Rs 25,000. However, the third accused, Nahuram Masih, was acquitted due to insufficient evidence.
This judgment marks a significant milestone as it is the first instance of individuals being convicted for luring a Hindu man to Christianity through various incentives. Prior to this, the first conviction under the MP Religious Freedom Act of 2021 occurred in August 2023. In that case, a 20-year-old man was sentenced to 20 years of rigorous imprisonment for repeatedly raping a minor girl and coercing her to convert.
Special Judge (Pocso) Surekha Mishra, presiding over the case, sentenced Md Sabbir, a resident of Indore, to 20 years of rigorous imprisonment under the Indian Penal Code for the repeated rape of the victim and under the Protection of Children from Sexual Offences (POCSO) Act for aggravated sexual assault. Additionally, the convict was fined Rs 56,000, to be given to the survivor, and ordered to pay Rs 50,000 in compensation.
The Case
An FIR (number 852/2021) was lodged at the Cantt Police Station in the Sagar district on October 20, 2021, by Abhishek Ahirwar, the son-in-law of Ramesh, Sakhi, and Nathuram Masih. Abhishek alleged that the accused had enticed him into converting to Christianity through manipulation, promising him a job worth Rs 20,000, and subsequently blackmailing him after his marriage to Sapna. Ramesh and Sakhi are the uncle and aunt (Bua-Fufa), respectively, while Nahuram is Sapna’s grandfather.
Following Abhishek’s complaint, the accused were charged under sections 3, 5, and 5/34 of the Madhya Pradesh Freedom of Religion Act, 2021, and apprehended by the authorities.
According to Court Order (number 292/2023) dated March 11, 2023, Abhishek testified that in December 2020, he and Sapna were married according to Hindu customs, with Ramesh, Sakhi, and Nathuram present. However, a few months after the wedding, Sapna went to her parental home and was later taken to Ramesh’s residence, where she did not return. Abhishek claimed that Ramesh had pressured him to convert to Christianity, promising him a job and other benefits worth Rs 20,000. When Abhishek refused, Ramesh allegedly prevented Sapna from returning to him and their family.
In his court statement, Abhishek recounted that he and Sapna had married through Hindu rituals, including the seven rounds around the sacred fire and the tying of the nuptial chain around her neck. He further mentioned that when he went to retrieve Sapna for Navratri on October 11, 2021, her grandfather insisted she would only return if Abhishek converted to Christianity, with Ramesh and Sakhi by his side.
It is worth noting that before Abhishek could initiate any legal action against the accused, they filed a complaint against him and his family under the Dowry Prohibition Act on December 9, 2021. In this complaint, Abhishek, his father, his brother, and sister-in-law were named as defendants, and the case is currently under judicial consideration.
Additionally, Ramesh and Nathuram attempted to persuade other members of Abhishek’s family to convert to Christianity, promising them a monthly stipend of Rs 20,000 for spreading the faith.
The Judgement
After hearing all arguments and witness testimonies, the court concluded that Ramesh and Sakhi were indeed guilty of attempting to convert Abhishek to Christianity. Justice Kiran Kol’s bench sentenced them to two years’ imprisonment each and fined them Rs 25,000. However, the prosecution failed to substantiate charges against Nathuram, who was granted bail due to the benefit of the doubt.
Abhishek’s fight for justice
Organiser called Abhishek on March 15, following the issuance of the judgment, and they delved deeply into the intricacies of the case. He recounted the harrowing experiences of threats and torment inflicted upon him by Sapna’s family over the past year. He revealed how they levied false dowry accusations against him and his family when they resisted the demands of the opposing party.
When questioned about his steadfast refusal to convert and part ways with his wife over religion, Abhishek’s voice quivered as he uttered, “Apna Dharm Chhodna matlab apne baap ko Chhodna” (leaving religion is like leaving your father), emphasising his unwavering commitment to his Hindu faith until his last breath.
Abhishek disclosed that both his and Sapna’s families hail from the Harijan community, bearing the surname Ahirwar. Although aware of her grandfather’s affiliation with Christianity, they proceeded with their Hindu wedding rituals in Khurai village, unaware of any impending religious discord.
When questioned about whether Sapna’s family receives all the benefits designated for Scheduled Caste members in the state, Abhishek affirmed that they do. He explained that they possess a caste certificate identifying them as Scheduled Caste and Hindu, despite the fact that they have abandoned the Ahirwar surname in favour of Masih. Abhishek noted that this practice is common among many residents in their village.
Abhishek works as a contractor to sustain himself financially. Besides him, he has a married brother and two sisters. Ever since he married Sapna, her family persistently invites them to prayer meetings regularly organised in Bhainsa village. Abhishek revealed that Ramesh’s brother manages a school that houses a church. They often target Hindus from the Scheduled Caste community during these gatherings, enticing them to convert to Christianity.
He emphasised that lodging a police complaint and navigating through legal proceedings is an exhaustive and arduous journey, taking a toll both mentally and financially. Grateful for the unwavering support of two Vishwa Hindu Parishad (VHP) members who stood by him during this ordeal, he expressed his gratitude for their role in ensuring justice prevailed.
When questioned about his satisfaction with the verdict, he responded affirmatively. However, regarding the possibility of pursuing the case in the High Court should the accused be granted bail, he asserted that he had fulfilled his duty and would ensure they face consequences if necessary. Despite his efforts, Sapna remains steadfast in her refusal to return home, still residing at Ramesh’s house.
Amidst the tumultuous ordeal, Abhishek finds solace solely in his Hindu identity, holding onto it as his sole anchor amidst the storm.
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