‘Hinduism is inclusive, Abrahamic faiths inherently exclusive,’ says Madras HC, rejects FCRA registration plea

The Madras High Court made a striking observation on religion while upholding the Centre’s refusal to grant FCRA registration to a Zen meditation trust, saying Hinduism is inherently inclusive while Abrahamic faiths are exclusive in their theological claims. The court also warned that foreign-funded conversion activities could disturb India’s pluralistic character and even imperil national sovereignty.

The Madurai Bench of the Madras High Court on Tuesday said Hinduism is inclusive, while the Abrahamic religions are inherently exclusive. A Division Bench of Justice G. R. Swaminathan and M.D. Sumathi upheld the central government’s decision to deny FCRA registration to Kanzeon Public Charitable Trust, which runs a Zen meditation centre in Kodaikanal, Tamil Nadu.

“Unlike Hinduism, which is inclusive, the Abrahamic religions are inherently exclusive. The devout Jews, Christians and Muslims believe that theirs is the one true and complete revelation because that is what their Holy books say of themselves,” the High Court said.

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‘Respondent wrongly projected itself as non-religious’

The High Court dismissed the Trust’s appeal against challenging the government’s decision, stating that the Trust did not correctly identify itself as a religious organisation despite being one. The court said that organisations engaged in religious conversion cannot be granted registration under the Foreign Contribution (Regulation) Act (FCRA).

The Trust had argued that it was not a religious organisation and that the Zen meditation centre run by it belonged to “India’s Dhyana tradition” and its activities cannot be described as having a religious nature, but the government said that the trust was engaged in religious programmes.

The Bench said that the trust should have disclosed itself as a religious organisation while seeking FCRA registration.

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It added that the FCRA bars unregistered religious organisations from receiving foreign aid, but even a religious organisation can seek registration under Sections 11 and 12 of the FCRA by declaring itself as one.

“The appellant need not have been so coy…one has to make a clean breast of everything. One cannot keep any card up one’s sleeve. This is no game of hide and seek,” the Bench said.

‘A leopard will not change its spots’

The High Court noted that the author of the trust is an ordained priest called Rev. Fr. Ama Samy SJ. The Court highlighted that Christianity is an evangelical religion, which aims to convert people. “At this stage, the learned standing counsel pointed out that the author of the trust and the moving spirit behind the appellant organisation is an ordained Christian priest. He is addressed as “Rev.Fr.Ama Samy SJ”.

“One cannot forget the fact that Christianity is a messianic religion. Their theological and religious mission is to bring everyone within the fold of Jesus Christ. There is a saying: a leopard will not change its spots,” the court observed.

‘We are not a melting pot but a salad bowl’

The High Court also cautioned against the adverse effects of one religion trying to gain prominence over others. “We are a pluralist nation. Unlike the USA, we are not a melting pot but a salad bowl, a beautiful metaphor credited to Justice Ruma Pal. This status quo would be upset if one religious group gains ascendancy,” the court warned.

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Citing precedents, the High Court pointed out that foreign funds can be used to influence national polity. The court referred to the recent instances of friction between Christian and Muslim groups in Kerala and added that if “foreign funds are freely allowed inside to facilitate conversion activities, the sovereignty of the nation would be imperilled”.

‘Radical Christian groups notorious for conversion’

The court also highlighted that radical Christian organisations are notorious for engaging in conversion activities. “We specifically highlight the issue of conversion because radical Christian institutions are notorious for indulging in such activities,” the court said.

The Bench said that there is no vested or absolute right to receive foreign funds.

Receipt of foreign contribution could at best be considered a privilege, it added.