On 22nd January, a special court in the Ambedkar Nagar district in Uttar Pradesh known for redressing offences against socially disadvantaged castes, for the very first time in the country, convicted a Christian couple under Uttar Pradesh’s anti-conversion law. Pastor Jose Pappachan and his wife Sheeja Pappachan were found guilty of forced religious conversions. They were put behind bars for five years. A fine of Rs 25,000 was also levied on each of them. Bharatiya Janata Party (BJP) leader and Dalit activist Dr Chandrika Prasad filed a complaint against the couple on 18th January 2023.
Jose was imprisoned on the same day while his spouse was incarcerated on 22nd January. The BJP leader disclosed that the couple had been active among the Dalit community in the district’s Shahpur Firoz area for several months, attempting to persuade poor families to become Christians and offering them multiple temptations for at least the past three months. Their actions have offended people and also hurt members of the Dalit community. They had even assembled a sizable Dalit population to perform mass conversions on 25th December 2022.
A First Information Report (FIR No. 0031/2023) was registered by the authorities at Jalalpur Police Station based on the written complaint. The authorities probed the case, gathered witness accounts, conducted an inspection and created a map of the events during the inquiry. The chargesheet against the accused was handed to the court for cognizance once the official completed all the formalities.
The chargesheet was submitted by the police using the testimony of the eyewitnesses that resulted in the conviction. The pair were deemed culpable under section 3/5 of the Uttar Pradesh (UP) Prohibition of Unlawful Religious Conversion Act, according to Ambedkar Nagar SP (Superintendent of Police) Keshav Kumar. Section 3 (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act was also invoked against them which was later scrapped by the court. The perpetrators are residents of Bijanwada village, Pipariya Tehsil, Bajjarwada in Hoshangabad of Madhya Pradesh. Jose Pappachan is from Kerala. The order was pronounced by the bench of Judge Ram Vilas Singh.
What’s inside the verdict
On 31st March 2023, Josh Pappachan and Sheeja AMN were charged under Section 3/5 (1) of the UP Prevention of Unlawful Conversion of Religion Act, 2021 and Section 3 (1) of the SC/ST Act. However, the accused contested the allegation and requested a trial. On 8th October 2024, the court issued an order amending the Act to replace the Ordinance in Section 2 and deleting Section 1 of the aforementioned charge dated 31st March.
Chandrika Parasd was also among the PWs (prosecution witnesses). CO (Circle Officer) Devendra Kumar was also examined. Various testimonials and statements were employed to prove the charges as well as the incriminating evidence including one big book, four diary books, two small diaries and four calendars on Jesus Christ. On the prosecution’s request, the introduction of the evidence was halted.
The accused’s statement, recorded under Section 313 CrPC (Code of Criminal Procedure) upon the prosecution’s evidence, refuted the accusations and claimed that the other side was fabricating the case out of political ambition and improperly acquiring government funds. It was alleged that there was no defence evidence provided.
“I have carefully reviewed all of the material in the file and listened to the arguments made by the state’s knowledgeable Special Public Prosecutor and the accused’s skilled attorney in this case. The accused were unlawfully converting members of the Scheduled Castes in the village of Shahpur Firoz, Jalalpur Police Station, district Ambedkar, according to the prosecution. The police forms in the file and the prosecution’s examination of the testimony attest to the incident and the accused committed a very serious crime. Therefore, the accused should be convicted,” the court pronounced.
The judge also read out the charges in the hearing. He informed that PW1 Chandrika Prasad stated, “The incident took place on 30.1.2023 at about 1:00 pm. I was informed by Lavkush and another person whose name I do not remember at this time from Gram Sabha Shahpur Firozpur Dalit Basti that in my village, two persons named Jose Pappachan and a woman Sheeja are together converting the people of the Dalit community by luring them in several ways, due to which there is a lot of anger among the people of the village. I immediately informed the Station House Officer (SHO) of Police Station Kotwali Jalalpur by phone who went to the location and arrested the accused on the spot.”
Chandrika Prasad further added that the conversion books were recovered from the accused. He also reached the Dalit Basti and was informed about these people from the locals. “I had registered a case by giving an application in Police Station Kotwali Jalalpur regarding this incident, which is attached in the file and is in my handwriting along with my signature.” He voiced that he works as a social worker for Dalits and added, “The conversion of the Dalit caste has caused mental harm to myself and my community. As a result, the community became enraged and a case was registered against the accused. CO also assessed the area and obtained my statement, based on my indication.”
How the illiterate Dalits were tricked by the convicts
The court then conveyed the statement of PW2 Lavkush who belongs to the Lona Chamar caste which is also part of the SC group. He informed, “I am illiterate. It has been about 6 months since the incident. The time was about one o’clock in the day. Jose Pappachan and Sheeja used to visit my neighbour Viphala’s house once a week. I also used to go to the place. The accused made the villagers to sit through Bible teachings when they visited Viphala’s home two or three times. They used to claim Madhya Pradesh as their home state. They gathered residents of the hamlet and talked about how to teach kids to read and write. They presented Viphala Devi with Bible books in front of me. They offered me church books and invited me to a church in Manguradila. Every member of my community used to come together when the accused called, and they would deliver Bible lessons and spread the gospel.”
Lavkush revealed that on 25th December, the accused and the villagers who were with them used to offer food and sweets to people and cut a cake in commemoration of Jesus Christ’s birthday. He mentioned that the cops arrived at Viphala’s house at around one o’clock when the prayer meeting was in progress and his statement had been taken by the CO. He also recognized the accused after spotting them in the courtroom.
PW3 Viphala, who is also from the Lona Chamar caste is not educated and uses thumb impressions unveiled, “The accused Jose Pappachan and Sheeja, who are residents of Madhya Pradesh, used to come to my house and teach me and other villagers not to drink alcohol and not to fight. They gave me Bible books to read at Manguradila Church. I used to call my neighbours and gather them at my residence. Many people from the village used to come there and I taught them Bible. I told them good things about Jesus Christ and asked them to join his path. 5-6 days before the incident, i.e. on 25th December, we celebrated Jesus Christ’s birthday and cut cakes. They fed cake to me and the villagers. They had also put a picture of Jesus Christ there. The CO had come to my house and questioned me. I had told him the same thing and the officer had recorded my statement.” Her statement was also stated by the court.
PW4 Manju, who is also illiterate and from the same caste, stated that the instance took place around 7 years ago. “At about one o’clock in the day, the accused Jose Pappachan and Sheeja, who are residents of Madhya Pradesh, came to Viphala Devi’s house in my village to propagate Christianity, She used to call me and the villagers to her place. When a lot of people from the village assembled there, the accused would take turns to preach about Jesus Christ and instruct us to worship him as well join his way.”
She added that village children used to attend prayer meetings at Viphala’s house and the accused used to tell them to live together, read and write. They would also offer free notebooks, books and pens. Sheeja and Jose Papachan also gave her a Bible book and instructed her to give it to any literate person in my village or home so he could read it and narrate it to her. They also handed over many books to Viphala, in front of her. She reiterated that they made them sit and listen to the Bible and even celebrated 25th December in the village.
“The accused had organized prayer meetings three times in my village in which people were asked to join Christianity. I told Dr Chandrika, a BJP leader who lives in Jalalpur which is about three kilometers away from my house. I know him. He also belongs to the scheduled caste. He came to my village on the day of the incident after which a case was launched in the Jalalpur police station. I told him that prayer meetings are held at Viphala’s house. The CO had come to my village and recorded my statement,” she added, according to the court document.
Manipulated innocent people and offered money to convert them
Similar witness testimonies of how the couple deceived the people to push them to embrace Christianity were acknowledged by the court. PW5 Suramani was also examined and informed, “I am not educated and there are many like me in my hamlet. The accused used to come to my village, talk to children and visit Bifla’s house regularly. The people of my village also used to go there. They used to tell us about Jesus Christ and teach Bible lessons. They used to organize Bhandaara in my village and used to tell me that Jesus Christ is God. They had given Bible books related to Jesus Christ to Bifla. CO had recorded my statement.”
According to PW6 CP Santosh Kumar, the case was presented at the Jalalpur Police Station under case number 31/2023 following sections 3(5) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 and 3 (1) of the SC/ST Act. “As instructed by the Inspector in charge of the Jalalpur Police Station, I filed the case based on the complainant Chandrika Prasad’s accusations,” he added. The original FIR was lodged by him and signed by the police station in-charge inspector Sant Kumar Singh, which he verified.
PW7 CO Devendra Kumar also attested to the same during his examination. Afterwards, he collected the copy report and file and initiated a probe. He also filed papers and recorded the complaint and FIR in the CD. “I examined the scene of the incident at the complaint’s request and created a map with my signature and handwriting on it. I recorded the statements made by Gavadhan Viphala, Malti, Bhagmani, Luvkush, Kalavati, and Roshni on the aforementioned case on the CD. One book, four large diaries, two small diaries, and four calendars have been placed in police custody in connection with the statement I took regarding the matter. Sub Inspector Rampal Saroj of Police Station Jalalpur has prepared a report, which I have reviewed and recorded on a CD,” he highlighted.
One book with the words “Children’s Illustrated Bible” on the first page, and four large diaries with black bindings and the words “Holy Bible” on the first page were recovered. Two of the books were printed with the BSI logo and two small diaries had the words “New Rules Gideons Inter College” and “Pyaar ka Uphaar (Gift of Love)” on them. Furthermore, four calendars were found in Viphala’s home with pictures of Jesus Christ while the other two calendars had photos of his companions, which he recorded on the CD. Inspector-in-Charge of Jalalpur Police Station informed him about the arrest of the accused.
“I reached the police station Jalalpur on the spot and the statement of the accused Jose Pappachan and Sheeja was recorded by me in the CD,” he stated. He also recorded statements of Manju, Suramani, Purnamasi, Anjari, Govinda, Deera, Sahul, and Gyanmati. He then submitted a case against the accused Josh Papachan and Sheeja on the foregoing sections, based on the evidence. Statements of Suresh, Ratilal, Sintu and Sub-Inspector Rampal Saroj had been taken and recorded in the CD by him along with the statements of HC Mohd. Rais and CP Lalit Saroj.
PW8 Anjani mentioned, “I am not educated. I put my thumb impression. This incident is about one year and ten days old. I used to visit my neighbour Viphala’s house one month before the incident. The accused used to come to my village and used to summon many people to Viphala’s house. They preached Bible lessons and gave Bible books to me, Viphala, Roshni, Malti Devi, Deera and others to read. They also taught our kids. They used to tell us including children about Jesus Christ and asked us to worship him.”
“They claimed that he was our God and pushed us to follow him. The accused also gave me Bible books and money. They used to come to my village about five months before the incident and seduced us to join Christianity by offering money. They coaxed my children and me,” she added and revealed that they were trying to convert illiterate people to Christianity by exploiting and luring them. “They had also given me a calendar of Jesus Christ. They arranged a feast on the birthday of Jesus Christ and feed the people of the village,” she pointed out. Her statement was also recorded by the CO.
More coercion and attempts to lure unassuming villagers
Another illiterate person from the SC community, PW9 Roshni stated that the incident took place about one and a half years ago. Viphala lives in her village and used to teach Bible lessons at her house. All the people of the village used to go there and were coerced to convert to Christianity to gain benefit. “The accused used to teach Bible at Viphala’s house and they used to celebrate the birthday of Jesus Christ in our village and used to feed the villagers. The accused had given me a photo calendar of Jesus Christ which I then gave to the Jabalpur Police Station Inspector when he reached at the site. The CO recorded my statement,” she informed.
PW10 Bhagmani alias Munni also an uneducated member of the same community conveyed, “It has been almost one and half years since the incident. The accused Jose and Sheeja used to visit their house. They used to hold prayer meetings to worship Jesus Christ. They used to teach us the Bible and gave us diaries to study. The police took all of them from Viphala’s house. I was also given a calendar by the accused which I gave to the police. The CO had recorded my statement.”
Sub-inspector Rampal Saroj was examined as PW11 who revealed, “On 24.01.2023, I, along with constable Lalit Kumar Saroj, head constable Mohd. Rais left from police station Jalalpur and came to the place of incident at Shahpur Ferozepur related to the case.” He also discovered a book with child-friendly illustrations and other aforesaid material regarding Jesus Christ and Christianity. One diary’s print was removed. Pyar Ka Uphaar and Nayaniyam Idioms International were displayed in two separate little diaries. I found four calendars in the custody of Roshni and Viphala from Shahpur village. Two of the calendars had pictures of Jesus Christ and the rest had other images printed on them. He recorded his findings and all the material located there was taken into possession and sealed by him, before the witnesses.
The landmark judgement
The court noted that the trial of the accused was conducted based on the charge sheet sent against them and also read the provisions of the UP Prevention of Unlawful Conversion of Religion Act. “In the present case, it has been argued on behalf of the prosecution that the accused were instigating the people of the Dalit community mentioned in the FIR to convert from one religion to another through inducement. The said act of the accused falls under the category of Section-3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021,” it observed.
According to the court, it is evident from the statements of all the witnesses the prosecution questioned that the accused, who are from Madhya Pradesh and Kerala, used to travel from there to the villages of Shahpur Firozpur, Thana Jalalpur, and district Ambedkar Nagar to teach the Dalit community about the Bible, Jesus Christ and entice them with money to convert to Christianity. They also distributed books and hosted feasts. The court pointed out that the accused had not explained why they travelled so far to the village given that they do not live there or in the district.
“Thus, from the evidence of the witnesses examined by the prosecution, the crime of instigating the people of the Dalit community to convert to Christianity in a mass illegal manner by luring them has been proved against the accused. As far as the charges levelled against the accused under Section 3(1) of the SC/ST Act are concerned, none of the witnesses examined by the prosecution has stated that the accused abused any person belonging to the Scheduled Caste/Scheduled Tribe in a public place. In such a situation, the offence under the act is not proved against the accused,” the court stated.
Hence, Jose Papachan and Sheeja AMN, the accused are liable to be convicted under Section 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 but are not found not guilty under Section 3(1) of the SC/ST Act in the case. “Sheeja AMN, the accused, is in court and ought to be placed under judicial custody. She is currently out on bond. As a result, the sureties are released from their obligations and the personal bonds are cancelled. She applied on behalf of accused Jose Pappachan, claiming that he was unable to appear in court since he had been admitted to Saint Joseph Hospital in Lucknow because of a prostate condition. Therefore, summons should be issued against the accused Jose Pappachan,” the court conveyed.
It further declared, “Jose Pappachan surrendered in the court and was taken into judicial custody. He is already on bail. His bonds are cancelled and his sureties are discharged from their liabilities.” According to the accused’s learned advocates, the Special Public Prosecutor, and the accused themselves, the two have committed a crime, the court added, however, they have no previous convictions. Jose, one of the elderly accused, is presently receiving treatment for his illness. The least amount of punishment is appropriate, taking into account their circumstances.
“On behalf of the learned Special Public Prosecutor, it was stated that the accused was proven guilty of persuading mass members of the Dalit group to convert to a different religion. The guilty should receive the harshest sentence possible in this case. It has been established that they converted a large number of Dalits by illegally luring them. Therefore, there is a sufficient and legitimate foundation to punish the accused in light of the nature and seriousness of the offence they committed so that the purpose of justice can be fulfilled,” the court stated.
It further directed, “Hence, Jose Pappachan and Sheeja AMN are sentenced to five years of imprisonment and a fine of Rs. 25,000 each under Section 5(1) UP Prohibition of Unlawful Conversion of Religion Act, 2021. In case of non-payment of the penalty, each accused will have to undergo an additional sentence of two months. The period spent by the accused in jail will be adjusted in the sentence as per the rules. A warrant for the accused should be produced.”
