High Court of Tripura took strong exception to how a Chakma family was made an outcast by their community for embracing Christianity.
Justice Arindam Lodh, upon hearing a writ petition filed by Tarun Chakma, delivered a resolute verdict, deeming the decision of Chakma community elders as both illegal and unconstitutional, infringing upon the fundamental rights of Indian citizens.
Tarun Chakma complained that Chakma organizations, specifically the ‘Uttar Andharcharra Chakma Samajik Bichar Committee’ and ‘Kanchancherra Chakma Samajik Adam Panchayet,’ along with related members of Bichar Committees, labeled him as anti-social and exiled him from the Chakma community after he embraced Christianity on November 4 last year.
A show-cause notice was issued to Tarun Chakma, demanding an explanation for his conversion to Christianity.
Following these proceedings, the Bichar committees of these organizations went further to restrict his social interactions and forbade him from engaging with other Chakma community members. A public campaign was even launched against Tarun Chakma, warning Chakma community members to isolate him and his family. The Bichar Committees instructed fellow Chakma members not to cooperate with him in any way, including refusing to ride in his auto-rickshaw, as he worked as an auto-driver.
Upon learning of these developments, the Officer-In-Charge of Pecharthal Police Station and the State Administration attempted to mediate and normalize the situation. Two meetings were held between the members of the Christian and Buddhist communities, which helped defuse the immediate tensions. However, the suffering of Tarun Chakma persisted.
S. Kar Bhowmik, the senior lawyer representing Tarun Chakma, argued that the actions taken against his client were not only against the principles of the Indian Constitution but also contrary to the Chakma Customary Laws Code of 1997, as promulgated by the State of Mizoram and followed by the Chakma community in Tripura.
Justice Lodh concurred with these arguments, stating that the actions of the Chakma community members were prima facie illegal and unconstitutional. He emphasized that India is a secular country, and every citizen has the fundamental right to practice, profess, and choose their own religion. He made it clear that no one should infringe upon such rights.
Justice Lodh issued an order restraining the Chakma community elders, the respondents in the petition, from engaging in any illegal and unconstitutional activities against any member of their community. He urged them to uphold the Indian Constitution. Additionally, he suspended the notices and orders of religious persecution against Tarun Chakma, as issued by the respondents.
Furthermore, Justice Lodh directed the state government to take decisive action against those involved in such unconstitutional activities, referring to “Samajpatis” and members of the Chakma community.
He underscored that the State Administration should take action against any members of any community who engage in unlawful activities that violate the provisions of the Indian Constitution. Justice Lodh ordered the submission of an action-taken report through affidavit to ensure that the spirit and ethos of the Indian Constitution are upheld.