The Madras High Court has observed that organisations involved in religious conversion cannot be granted registration under the Foreign Contribution (Regulation) Act (FCRA).
A Division Bench of Justices GR Swaminathan and MD Sumathi made the observation while upholding the Centre’s decision to deny FCRA registration to Kanzeon Public Charitable Trust, which runs a Zen meditation centre in Kodaikanal.
Court on Religious Conversion
The court said Section 12(4)(a)(ii) of the FCRA, which deals with religious conversion, applies to organisations across religions.
“A fundamentalist Hindu Organisation engaged in Ghar Wapsi cannot be registered under FCRA,” the Bench said.
It further observed that allowing foreign funds to be freely used for religious conversion could affect the sovereignty of the country.
In the same context, the court referred to Christian institutions and said that “radical Christian Institutions are notorious for indulging in such activities”. However, it clarified that it was not accusing the Kanzeon trust of having any agenda to convert people.
The Bench also referred to tensions between Christians and Muslims in Kerala and said India’s plural character could be disturbed if one religious group gained ascendancy.
“We are a pluralist nation. Unlike USA, we are not a melting pot but a salad bowl,” the court observed, referring to a metaphor credited to former Supreme Court judge Justice Ruma Pal.
Trust Said Zen Meditation Was Not Religious
Kanzeon Public Charitable Trust had argued that Zen meditation was rooted in India’s Dhyana tradition and that its activities should not be treated as religious.
The Centre, however, maintained that the trust was involved in religious programmes.
While examining the trust’s activities, the Bench noted that its founder and “moving spirit”, Rev Fr Ama Samy SJ, is an ordained Christian priest.
The court referred to the saying “a leopard will not change its spots” and made observations about Abrahamic religions and Hinduism. It said Hinduism was inclusive, while describing Abrahamic religions as inherently exclusive.
The judgment also referred to an argument that messianic religions sometimes use local and native cultural motifs to prepare the ground for conversion. The Bench said such debates were beyond the scope of the case.
No Absolute Right to Receive Foreign Funds
The court held that Zen Buddhism is a variant of the Mahayana Buddhist school and said the trust should have disclosed its religious character while applying for FCRA registration.
“The appellant need not have been so coy. One cannot keep any card up one’s sleeve. This is no game of hide and seek,” the Bench said.
The court also said Zen philosophy originated in China and reiterated that there is no vested or absolute right to receive foreign contributions. Receiving foreign funds, it said, could at best be treated as a privilege.
At the same time, the Bench distinguished religious activity from the teaching of Indian Knowledge Systems. It said organisations teaching Vedanta, the Bhagavad Gita, the Upanishads, Yoga and related subjects should ordinarily be treated as educational or cultural organisations rather than religious institutions.
The judgment concluded with a wordplay on the name of the trust’s founder, Rev Fr Ama Samy. Since the trust had projected itself as non-religious, the Bench said the authority had to tell him, “Illa Samy” or “No Sir”, referring to the literal meaning of the name “Ama Samy”.
Advocate G Baskar appeared for the appellant. Central Government Senior Standing Counsel G Thalaimutharasu represented the Union of India.
