Context:
Recently, the Allahabad High Court has observed that UP ‘Anti-Conversion’ law prohibits live-In relation between interfaith.
More on News:
- The Gujarat government recently clarified that Buddhism and Hinduism must be considered as two separate religions for religious conversions in the state.
- Recently, a UK-based Christian advocacy group has urged India to repeal the anti-conversion laws enacted by about a dozen states after the national polls.
About Uttar Pradesh’s Prohibition of Unlawful Conversion of Religion Act, 2021:
- An Anti-Conversion Law: It was enacted in 2021 and applicable to the state of UP.
- Provisions of the Act:
- Prohibition on Conversion: The Act prohibits the religious conversion of a person by the use of “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means”.
- Section 3(1) of the act states that “conversion by solemnization of marriage or relationship in the nature of marriage” would also qualify as illegal conversion.
- Section 6 of the act bars any marriage done for the sole purpose of unlawful conversion and states that such marriages shall be declared “void”.
- On Lodging FIR: Section 4 of this Act states that any aggrieved person or their relatives can lodge an FIR for illegal conversion which contravenes the provisions of Section 3.
- Punishment: Those found guilty under Section 3 can be punished as per Section 5 of the anti-conversion law.
- 1-5 years imprisonment, and a fine of at least Rs. 15,000.
- If the victim is a woman, a minor or a person belonging to a Scheduled Caste or Scheduled Tribe, the punishment increases to 2-10 years with a fine of at least Rs. 25,000.
- In cases of mass conversion, the punishment becomes 3-10 years, and a fine of at least Rs. 50,000.
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About Religious Conversions:
- About: Religious conversion involves abandoning adherence to one denomination and affiliating with another. It involves adoption of a set of beliefs identified with one particular religion denomination to the exclusion of the others.
- Challenge: According to the various Judicial Pronouncements, forceful religious conversion is against the basic Fundamental Rights of the Indian Constitution.
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- Article 14 (Equality before the Law),
- Article 21 (Right to Life),
- Article 25 (Freedom of Conscience & Freedom to Profess, Practice & Propagate the Religion)
Factors Responsible for Religious Conversion in India:
- Personal Choice: To change in beliefs that might align with their spiritual journey and aids in their personal development & convenience.
- Marriage: People may convert to their spouse’s religion to maintain family harmony or to demonstrate commitment to their partner
- Socio-Religious Pressure:
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- Some individuals might feel compelled to adopt a specific religion to fit into a particular social circle or community.
- Individuals may switch to a different religion to escape persecution or discrimination based on their previous religious affiliation.
- Economic Opportunity: In certain cases, individuals may convert to a different religion to access economic opportunities or resources exclusive to members of that faith.
- Forced Conversion: Some entities may coerce or incentivize individuals to adopt a certain religion to serve their own agendas.
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Anti-Conversion Laws in India:
- Deals with: Anti-Conversion laws are legislative measures aimed at preventing or prohibiting religious conversions.
- Background & Status of Anti-Conversion Laws in India:
- Pre-Independence Era:
- Before Independence, several Hindu princely states such as Raigarh, Bikaner, Kota, Jodhpur, Surguja, Patna, Udaipur, and Kalahandi implemented anti-conversion laws to curb missionary activities aimed at spreading Christianity.
- Post-Independence Period:
- Parliamentary Bills: In 1954 and 1960, Parliament took up the Indian Conversion (Regulation and Registration) Bill and the Backward Communities (Religious Protection) Bill for Considerations.
- Both aimed to halt conversions but were eventually abandoned due to lack of support.
- No Central Law: Currently there is no specific law framed by the central government specific to religious conversion.
- Indian Penal Code, 1860:
- Sections 295 A and 298 of the Indian Penal Code criminalize forced conversion, targeting acts intended to hurt religious sentiments maliciously.
Anti-Conversion Laws in Various States:
- Over the years, several states have enacted ‘Freedom of Religion’ legislation to restrict religious conversions carried out by force, fraud, or inducements.
- “Freedom of Religion” laws are currently in force in eight states in India, namely Odisha (1967), Madhya Pradesh (1968), Arunachal Pradesh (1978), Chhattisgarh (2000 and 2006), Gujarat (2003), Himachal Pradesh (2006 and 2019), Jharkhand (2017), and Uttarakhand (2018).
- Odisha (The Orissa Freedom Of Religion Act, 1967 ) was the first to introduce such legislation in 1967, followed by Madhya Pradesh in 1968.
- Chhattisgarh Religion Freedom (Amendment) Act, 2006
- Jharkhand Freedom of Religion Act, 2017
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020
- Karnataka Protection of Right to Freedom of Religion Act, 2022
- Haryana Prevention of Unlawful Conversion of Religion Act, 2022
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Need for an Anti-Conversion Law in India:
- To Protect Traditions and Beliefs: To prevent conflicts arising from religious conversions while maintaining the influence of specific religions.
- To Protect Social Conflicts: Anti-Conversion laws are necessary to prevent conflicts within a community that can arise from religious conversions.
- To Address Concerns of Fraudulent Marriages: In the recent past, various cases have come to the notice that whereby people marry persons of other religion by either misrepresentation or concealment of their own religion and after getting married they force such other person to convert to their own religion.
- Judicial Acknowledgement: The Supreme Court has acknowledged incidents of forced conversion, highlighting their violation of an individual’s right to freedom of religion and impact on the secular society’s foundation.
Concerns Associated with Anti-Conversion Laws in India:
- Violation of Fundamental Rights: The Indian Constitution upholds freedom as a fundamental right, including freedom of religion. However, anti-conversion laws can pose a threat to this foundational principle.
Freedom of Religion in the Constitution of India:
- Article 25: It deals with freedom of conscience and free profession, practice and propagation of religion.
- Article 26: It deals with freedom to manage religious affairs.
- Article 27: It deals with freedom as to payment of taxes for promotion of any particular religion.
- Article 28: It deals with freedom as to attendance at religious instruction or religious worship in certain educational institutions.
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- Such laws not only violate religious freedom but also infringe upon other constitutional rights, such as the Right to Life and Personal Liberty (Article 21) and the Right to Equality (Article 14).
- Threat of Discrimination: These anti-conversion laws can be misused to discriminate against certain religious groups, particularly minority religions.
- In a secular nation like India, protecting the rights of vulnerable and marginalized communities should take precedence over imposing restrictions on religious conversion.
- Social Circumstances and Wellbeing: Individuals sometimes change their religion due to social pressures or for their own wellbeing. Anti-conversion laws could disproportionately affect these individuals and their freedom to make personal choices.
- Vague Terminology: Anti-Conversion laws in India contain certain vague terminology like misrepresentation, force, fraud that can be misused.
Supreme Court Judgements Regarding Anti-Conversion Laws:
- Hadiya vs. Ashokan K.M Case: The Supreme Court affirmed an adult’s right to marry and convert to another religion freely, asserting that the state cannot interfere with this choice.
- Lata Singh vs. State of Uttar Pradesh Case: The Supreme Court emphasized an individual’s right to marry irrespective of religion, caste, or social status, declaring any interference with this right a violation of freedom of choice.
- K.S. Puttaswamy or ‘Privacy’ Judgment: The Supreme Court underscored individual autonomy in making decisions concerning vital aspects of life.
- Sarla Mudgal vs. Union of India Case: The Supreme Court upheld the right to convert for marriage purposes but cautioned against using conversion to evade legal obligations or responsibilities.
- S. Pushpa Bai vs. C.T. Selvaraj Case: The Supreme Court affirmed the right to voluntary religious conversion, condemning coercion or misrepresentation in such processes as violations of freedom of religion.
- Rev Stanislaus vs. Madhya Pradesh Case: The Supreme Court clarified that the right to propagate religion does not extend to the right to forcibly convert individuals.
- Recently, the Bench Of Justices MR Shah and Hima Kohli has said forced religious conversion is a very serious issue which can affect national safety, freedom of religion & freedom of conscience.
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Way Forward:
- Reference to International Standards: Article 18 of the Universal Declaration on Human Rights underscores the right to freedom of religion, including the ability to change one’s faith. This international standard highlights the importance of uniformity in addressing religious conversion laws.
- Proposal for Central Model Law: Given that religious conversion laws fall under state jurisdiction, the central government needs to formulate a model law similar to existing frameworks like the Model Law on Contract Farming. This would promote consistency and clarity across states.
- Clarity in Legislative Provisions: States should avoid incorporating vague or ambiguous provisions in their anti-conversion laws, particularly regarding the process for voluntary conversions. Clear guidelines ensure protection for individuals wishing to convert of their own choice.
- Inclusion of Minority Community Institutions: Anti-conversion laws should encompass provisions outlining the valid procedures for conversion by minority community institutions. This ensures that such institutions are recognized and empowered within the legal framework.
- Public Awareness and Education: Efforts are needed to educate the public about the provisions and implications of anti-conversion laws.
- Need to Maintain a Balance: The Supreme Court of India has upheld the constitutionality of anti-conversion laws as long as they do not interfere with an individual’s right to freedom of religion.
- It is therefore important to strike a balance between safeguarding individual freedoms and protecting against forced or fraudulent conversions while ensuring the rights and liberties of all individuals are respected.
April 19, 2024
