That, it seems, is the question. As
Christians, we are called to comply with state authorities. JOHN AMALRAJ K
The Role of
Law in Society
There was once a man who was walking
on the road swinging his umbrella all around him and saying that he is a free
man. In the process, he was hitting others who were passing by on the road. The
other pedestrians took him to court. The ‘free man’ argued that since he is
living in a free country, he is free to swing his umbrella on the road. The
judge in the end concluded, “A man’s
freedom ends where the other man’s nose tip is”.
Man is free but freedom without
boundaries is not true freedom. Imagine a society without any laws! Man’s
fallen nature actually demands that law is needed to bring order into the
society. God himself recognises this and gave the Mosaic law which sets limits
to the freedom and gave order to the growth of the Hebrew nation. Most of the
concepts of law and justice in the world today are derived from the Mosaic and
the Roman laws. One of the most important legal maxims is “Ignorance of Law is never an excuse”. As citizens, it is our
responsibility to gain knowledge of the laws applicable to us.
The Christian’s Attitude to Law and Nation Building
Right from the beginning, the Jews and
Christians were always thought to be rebellious by the rulers because of the
nature of our faith. The fact that we owe allegiance to our Creator and refuse
to worship any idols or the ruler of the day becomes the greatest controversy. After
the birth of Christianity, the hope of the second coming of Jesus, the various
interpretations of the end times, and the call to live as heavenly citizens has
created a sense of indifference to the present life and world order. Therefore,
our attitude to nation building is wanting in many respects. We have a very
negative attitude to politics and those who are in politics. The Indian
Christian contributions to the Independence movement and various other national
crises have not been given its due significance in history either by the Church
or other national leaders, for so long. Many assume that since we are serving
the King of Kings, we are not subject to earthly rulers. Others also assume
that since Christians under the communist regime smuggled Bibles and worshipped
underground, we have the right to be above the law.
The Background of the Indian Constitution
and Laws
The Indian Constitution owes its
existence basically to the constitutions of the United States of America and
the United Kingdom. Both constitutions have strong Biblical foundations
enshrined into their system. This is reflected in several parts of our
constitution. Majority of the laws in force today was passed during the British
rule and some were a direct result of the evangelical impact on the British
Parliament during the time of William Carey and William Wilberforce. This gives
us sufficient reason for highly respecting our Indian Constitution and laws. If
we the Christians do not respect our laws, then who else will?
Scriptural Basis for Compliance to State Authority
Peter while addressing the early
Jewish believers, who were scattered throughout the Roman Empire, exhorts them
to submit to every human authority – whether to the emperor, as the supreme
authority, or to governors, who are sent by him to punish those who do wrong
and to commend those who do right. He
further challenges these early believers to live such good lives among the
pagans that, though they accuse them of doing wrong, they may see their good deeds
and glorify God on the day He visits us. We must remember that this exhortation
was to the early believers who were under severe persecution by the emperor and
his officials. Peter goes on to say that it is commendable if someone bears up
under the pain of unjust suffering because they are conscious of God. If we
suffer for doing good and endure it, it is commendable before God. This is a
calling to follow Christ’s example of suffering (cf I Pet 2:11-25).
It is strange that many times as
followers of Christ, in our enthusiasm in obeying the great commission of
Christ, we somehow have embraced the wrong theology that we are free to disobey
human authority. We often quote Peter and John, out of context, who boldly
replied to the chief priests and the Sanhedrin when they were commanded not to
speak or teach at all in the name of Jesus. They said “Which is right in God’s
eyes: to listen to you, or to Him (Jesus)? (cf Acts 4:13-20). Later on, when
Peter and the other apostles were again brought before the religious rulers and
were threatened, they responded, We must obey God rather than human beings! (5:29). Peter and
John’s defiance was, to their own religious authorities preventing them from
witnessing to Christ’s resurrection and, not necessarily to the Roman
authority. It was in this tradition that even the great reformers of the
reformation movement stood up to the Pope and the Christian Emperors to bring
freedom to the Christian masses who were under spiritual oppression.
There is another strand to this whole
idea of opposing the powerful state authority. Daniel and his friends in exile
who defied the authority of the emperor to pray and not to bow down in emperor
worship, exhibited their defiance to the state authority to limit one’s freedom
to practice the faith one has chosen. This is the root of the universal human
right recognised by most nations in the world as the ‘freedom of conscience’ to
practice and propagate one’s faith, in other words commonly called as “Freedom
of Religion”. This freedom is enshrined in our Indian Constitution as one of
the fundamental rights. This is where we seem to gain our rights and privileges
to practice our faith and beliefs. The cry for freedom from any form of
oppression by the State is a human right. This was also the background to the
Non-violence Movement started by Mahatma Gandhi to defy the British rule and
the Civil Disobedience Movement started by Martin Luther King to oppose
segregation by skin colour in America, and many other national movements around
the world.
The Escalated Level of Government Scrutiny
Governments around the world have
become wary of organised charitable activities that are often perceived as
competing with government programmes or sometimes opposing government
developmental activities. In recent years, charitable activities initiated by
religious groups have borne the brunt of government scrutiny because of the
suspicion that these vehicles established for charitable activities, community
development, relief and rehabilitation, educational and healthcare services and
advocacy are used by terrorist organisations or foreign governments for their
own agendas. It is also assumed that religious activities somehow encourage the
common people to defy the authority of the government. Another accusation is that foreign religious
activities oppose the local culture and attempt to change the loyalty of
people. Therefore, many governments have attempted to bring in various
restrictions to the practice of religion in various forms. Even though the
seeds of democracy spread across the globe seem to have given hope for
religious freedom, yet it is the misuse of that freedom that has also given the
opportunity for bringing in restrictions and scrutiny. This is the background
to the increased level of government scrutiny against non-profit organisations
(NPOs). Just because there is an
escalated level of government scrutiny, does not mean that we should attempt to
escape such scrutiny. It is an opportunity
for bearing witness to Christ. This is
possible only if we pay attention to the changing compliance requirements and
submit to the government authorities.
Excellence in compliance by an organization or a business creates
credibility to our faith and witness.
The Origin of Organisations and
Institutions
In India, one of the common vehicles
used by Christians to render service to the people in obedience to the great
commission is to form a registered trust or society. The origin of trust and
societies is from the British rule. Even during the days of the British rule,
there was a strong political opposition to any organised mission activity by
those outside the church structures. Most mission activities were through para-church
agencies like Church Missionary Society (CMS), Indian Society for Propagation
of the Christian Knowledge (ISPCK), Baptist Mission Society, and others, who
were agencies founded by denominational churches like the Church of England,
Presbyterians, Baptists, Lutherans, Methodists and others. When Hudson Taylor
founded Overseas Missionary Fellowship (OMF) to send gospel workers to China,
it was one of the first inter-denominational agencies. Later, many other
inter-denominational agencies were founded in United Kingdom to send workers
into the British colonies for ‘the propagation of the teachings of Jesus Christ’.
Many of them faced opposition from the local British government authorities on
the mission field. Some of the mission workers were accused of acting against
the interests of the British Empire in the colonies as they encouraged freedom
fighters and social reformers.
After Independence, the most preferred
vehicle of organised mission activity in India was through registering a
society or a trust under the provisions of the existing laws. There are a few denominational
church organisations that were registered under the Companies Act, but
specifically for charitable purposes. The purpose of registering any legal
entity is because we raise public funds and use them to accomplish certain laid
down objectives. This provides relief from payment of income tax and a legal organisational
identity for our activities.
Not much has changed since and we have
now come to a season where we face enormous challenges as government scrutiny
and the requirements for multiple compliances have increased. In the last few
years the laws have become stricter in scrutinising financial transactions of
non-profit organisations (NPOs) not just in India but in many other countries. This
is only going to increase further. We now have to spend more hours working to
comply with all the legal requirements of filing monthly, quarterly, half-yearly
and annual returns. Any oversight in fulfilling these compliance requirements
will take our organisation into a cycle of scrutiny, enquiry and penalty that
affects our Christian witness and ministry. The priority given to ministry can
be undermined by even an unintentional lapse by careless staff. So how do we
then go about doing our educational, healthcare, community development and
other mission activities if the government is attempting to restrict our well-intentioned
activities?
Are there Alternative Vehicles?
Business
The recent successes of Business as Mission
(BAM) movements seem to garner the interest of quite a few. However, what we do
not realise is that the business trend shows that almost 70-80% of business
start-ups fail. We only hear of success stories of businesses and somehow have
a fanciful idea that we can replicate this model. The governments are also
beginning to scrutinise ‘shell companies’ – businesses that exist to evade tax
by incurring continuous losses or to create multiple channels for financial
transactions to hide funds in secure tax-free zones. There are businesses that
exist to operate illegal trade. Any Christian group or church that desires to
use a business organisation as a vehicle must have entrepreneurs who are
envisioned missionally and who have the skill and the authority to take
business decisions. Often those who have served many years in a church or a
mission organisation do not have the business sense to succeed in a business. Therefore,
we should never start a business to avoid tax or to cover up any activity that
does not have legal sanction.
A business is a business and its main
objective is profit making. A successful business venture run by a group of
Christians can be a great Christian witness and influence in a community. A successful
business owned by Christians can support mission activities, initiate
developmental projects as ‘Corporate Social Responsibility’ (CSR) activities
and provide platforms for various Christian initiatives. Social entrepreneurs
may have community empowerment as an objective and use the business platform
for such ventures – however, this social entrepreneurship activity has no
charitable tax benefits and is also subject to government scrutiny. A
successful business venture whether started for profit-making or social
development can provide a platform for positive influence in the society. However,
a business organisation is not necessarily an alternative vehicle.
Institutions
Many successful Christian initiatives
in the area of education and health care now stand as influential nation building
institutions not just in India, but in many other countries. However, equally,
there are many such institutions that have lost the vision and have become just
a monument or an employment agency for the local community or prime real estate
for inheritance of individuals and families. In India, most institutions are
registered under the Society or Trust Acts and claim various tax benefits and
other privileges. The recent changes in the laws no longer guarantee such
privileges to be continued. The government has empowered bureaucrats to use
discretionary powers to withdraw tax benefits and privileges. Therefore, some
entrepreneurs have initiated business ventures to administer educational and
health care institutions at the risk of losing the vision to serve the poor and
marginalised communities. Any venture with a profit motive has an inherent risk
of not fulfilling the original vision of the founders to serve the poor and
marginalised.
Jesus Movement
It is very interesting that when Jesus
Christ came into this world, He did not come to start an organisation,
institution or a social enterprise. He operated outside the existing Jewish
religious structure in the footsteps of the Old Testament prophets. He
disappointed His disciples, who were expecting Him to overthrow the Roman rule
and usher in the Kingdom of God, to the extent that one of them betrayed Him and
others deserted Him. Jesus told Pilate that His Kingdom was not of this world
(cf Jn 18:36).
God is not primarily concerned about
structures and organisations even though He initiated structures like
nationhood, kingship and Temple worship. He even gave the land of Canaan as the
Promised Land to His chosen people. The Old Testament history showcases that
God allowed such structures to be taken away when the chosen ones were
disobedient. Even the temple was allowed to be destroyed several times. Structures
are not always God’s plan. The promise of a new heaven and a new earth helps us
to diminish our concerns for creating and maintaining existing institutions and
organisations.
Do we still need Institutions and Organisations?
There is a multiplicity of
institutions and organisations in India. One of the purposes for many mission
initiatives that are founded is that the founder’s vision can be passed on to
the next generation. Therefore, a legal structure and identity that is recognised
by the government is needed. Many times, new organisations and institutions are
founded when existing structures do not give space for innovative ministries or
new ideas and methodologies. Leaders who are frustrated with existing
structures, existing leadership and existing values start something new.
Unfortunately, they too get lost in the organisational structures and legal
compliances that limit the ministry that they were called to do.
There are quite a few institutions and
organisations that have withstood these challenges and have thrived into the
next generation as they learned to adapt, contextualise and change. But we have
often seen that some organisations and institutions that were founded with
noble purposes have lost the vision of their founders, failed to contextualise
and resisted change. There is no guarantee that what we so painstakingly give
birth to and the institutions we build, will continue to exist and flourish in
the following generations. The danger of creating monuments instead of
movements is real. Human structures are prone to be corrupted due to our fallen
nature.
Jesus also desired that His vision
must be carried on after He returned to heaven. He invested His time in
teaching and mentoring His disciples. It was not an organisation or an
institution that carried on the ministry of Jesus Christ – it was a movement of
disciples – not just the chosen twelve – but a few hundred that grew to be
thousands after His ascension to heaven. His ministry of proclaiming
the good news to the poor, freedom for the prisoner, recovery of sight for the
blind, and setting the oppressed free was accomplished without any formal
structures (cf Lk 4:18). All our human efforts are limited to this life
and to this side of eternity. It is the rule of God that will continue into the
other side of eternity, not our institutions and organisations.
It was the Edict of Milan in 313 AD that
established religious tolerance for Christianity within the Roman Empire that
brought into existence an institutional structure for the Church recognised by
the government of the day. We have inherited this legacy through the British
rule. However, it is time for us to now envision a new way of doing missions in
the evolving global context. Our loyalty should never be to a human structure
but to the call of God. A society, trust, institution or a business is not the
only way to do charitable, developmental and mission activities. We need to
learn to work with existing structures and partner with one another rather than
multiply structures. We should not be reluctant to merge our existing
structures and organisations or even close down some of them. We need to
envision new structures for doing ministry in a globalised context where
governmental restrictions and scrutiny is only going to increase. God’s call to
serve does not always need structures but it surely needs obedience to God and
submission to one another.
If we do have structures it is
imperative on us to comply with the legal requirements however burdensome it
may seem. A careless attitude to
compliance has landed many organizations and businesses into difficulties that
have tarnished their Christian witness. It is important to recruit
professionals with skills to handle compliance issues so that the rest of the
team can focus on ministry.
The question remains do we really need
a vehicle for ministry?
How can we make disciples who, when
scattered, will go around witnessing to the Gospel wherever they are (Acts 8:4)?
How do we equip His people for works of service so that the Body of Christ will
be built up (Eph 4:12)? How do we entrust the Gospel to reliable leaders who
will also be qualified to teach others (II Tim 2:2)?
Published by Christian Manager, April-May 2018, Vol 17, Issue 6, Chennai
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