Answer

Introduction

Anti-conversion laws in India, aimed at preventing coercive religious conversions, have sparked debates on constitutional freedoms. By imposing procedural restrictions, vague definitions, and reverse burden of proof, they raise concerns over freedom of religion, secularism, and disproportionately affect interfaith marriages and minority communities.

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Challenge to Freedom of Religion

• Criminalisation of voluntary conversion: Conversion via “force, allurement, or undue influence” punishable and reverses the burden of proof, restricting an individual’s right to freely choose or change their religion.
  Eg: In Uttar Pradesh, anyone intending to convert must inform the district magistrate 2 months in advance, and the state verifies if the conversion is “genuine.”
• Legal harassment of consensual religious choice: People exercising their freedom of religion face investigations and FIRs, even in consensual cases, creating a chilling effect.
  Eg: Fewer than a dozen convictions have occurred despite 1,682 arrests (UP) under the anti-conversion law, showing harassment without genuine wrongdoing.
• Vague definitions limit religious practice: Terms like “allurement” and “undue influence” are ambiguous, allowing authorities to interfere in private religious decisions.
  Eg: Volunteers handing out food have been accused of “enticement” to convert, illustrating overreach of law.
  

Challenge to Secularism

• State interference in religious choice: By regulating conversion, the State indirectly favors majoritarian religion, compromising secular neutrality.
  Eg: The Supreme Court in Citizens for Justice and Peace v. UP observed that such laws impose “onerous” procedures, raising constitutional concerns about secularism.
• Disproportionate targeting of minorities: Laws often disproportionately affect religious minorities, contradicting secular principles of equality and protection of all faiths.
  Eg: Muslim men and Hindu women in consensual relationships face harassment and legal vulnerability, while majority religion conversions go unmonitored.
• Erosion of pluralistic ethos: The laws create societal fear and suspicion undermining constitutional vision of pluralism and harmony.

Impact on Interfaith Marriages

• Legal vulnerability of couples: Couples marrying across faiths face FIRs and investigations even when the marriage is consensual.
  Eg: Interfaith couples in UP have been arrested under claims of “love jihad,” despite no evidence of coercion.
• Social hostility and harassment: Anti-conversion laws embolden vigilantes and society to oppose interfaith marriages.
  Eg: Neighbors or political groups can trigger complaints, putting couples under constant surveillance and fear.
• Restriction on personal liberty: Burden of proving the genuineness of conversion affects couples’ autonomy in choosing their life partners.
  

Impact on Minority Communities

• Heightened legal scrutiny: Minority communities are disproportionately investigated for religious activities, even charitable or voluntary work.
• Fear and suppression of religious expression: Communities feel insecure in practicing or spreading their religion, reducing public religious engagement.
  Eg: Criminal cases often involve minor infractions or false allegations targeting minorities.
• Erosion of rights and social integration: Minority groups face stigmatization and harassment, threatening their equal participation in society.

Conclusion

Ensuring constitutional freedoms requires revising anti-conversion laws with clear definitions, eliminating reverse burdens of proof, and protecting voluntary religious choices. Promoting dialogue, safeguarding interfaith marriages, and upholding secular neutrality can foster pluralism, social harmony, and equal rights for all communities in India.

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