Fadnavis Government's Double-Edged Approach in Mumbai: Governance vs. Religious Freedom

Two stories are unfolding in Mumbai on the watch of the Devendra Fadnavis government. Since his first term in office, the Chief Minister has become the face of a welcome governance and infrastructure-building push in the country’s financial capital. The other story is disquieting by itself, and also potentially undermines the gains of the first — take the Maharashtra Freedom of Religion Act , which comes into force this week. Christian pastors across the Mumbai Metropolitan area have asked congregants to submit a “ self-declaration ” that they attend prayer meetings of their own volition — this is because the Act comes against the backdrop of harassment of congregants and disruption of meetings by groups like Bajrang Dal and VHP, and in the aftermath, the police’s one-sided action. Over the last month, seven out of the nine FIRs registered have been against those who organised prayers — and two against the Bajrang Dal. The Act is draconian, and flies in the face of the Supreme Court ruling in Rev Stainislaus v State of Madhya Pradesh (1977), which laid down the parameters for the constitutionality of laws against conversion. The recent spate of anti-conversion laws in several states reverse the burden of proof. The Maharashtra law prescribes harsh punishments, asks for intimation to the district magistrate in advance and allows parents, siblings and relatives, not just the individuals involved, to complain to the police. In this context, the “self-declaration” is a form of insurance against a law that is all too vulnerable to misuse. Fadnavis rose to prominence as a young leader in a state where politics and governance are often overshadowed by nativism and overtaken by parochialism. He seemed to acknowledge that ease of doing business requires a more governance-oriented approach by a state with a light touch. But the recent push to force auto and taxi drivers in Mumbai to learn Marathi is another symptom of the backsliding. It sends out the message that the government is focusing more on a narrow and performative politics of identity even as it takes a toll on the city’s economic activity, and undermines citizens’ right to work and mobility. The fact that members of a minority community that is part of the fabric of Mumbai feel the need to sign pre-emptive declarations is a stain on the Constitution’s promise of freedom of conscience and the right to practice and propagate religious belief. It is now for the government and ruling party to ensure that these fears are allayed. The financial capital of the country cannot flourish if it tries to dictate the language the people speak and what they believe.