Syllabus: Social empowerment, communalism, regionalism & secularism
Context: Supreme Court agreed to hear petitions challenging Rajasthan’s anti-conversion law, the Prohibition of Unlawful Conversion of Religion Act 2025, implemented last month.
More in News:
- Rajasthan law passed by State Assembly in September provides imprisonment for 20 years to life for mass conversions through deception with severe penalties.
- Conversion by fraudulent means attracts jail term of 7 to 14 years.
- Converting minors, women, SC/ST, disabled persons through deceit carries 10-20 years imprisonment.
- Fines of at least ₹10 lakh stipulated for conversions of vulnerable groups.
About Anti-Conversion Laws
- Legislative frameworks designed to regulate religious conversions by penalizing forced, fraudulent, or incentivized conversions effectively.
- Often referred to as Freedom of Religion Acts; mandate conversions occur only through personal conviction not force.
- Key Features
- Prohibition on forced conversions: specifically prohibit converting someone through coercion, fraud, undue influence, financial incentives.
- Notification requirements: some states require individuals intending to convert to inform district authorities in advance.
- Punitive measures: penalties vary by state including fines and imprisonment for violating provisions.
Status in India
- Constitutional Framework
- Article 25: All persons entitled to freedom of conscience, right to freely profess, practice, propagate religion subject to restrictions.
- No mention of conversion in Constitution anywhere explicitly limiting constitutional guidance.
- Current Status
- No national anti-conversion law but many states enacted own laws. Orissa Freedom of Religion Act 1967 was first state to enact it.
- States enforcing laws: Chhattisgarh, Gujarat, Jharkhand, Uttarakhand, Uttar Pradesh, Himachal Pradesh with amendments.
Need for Laws
- Forced Conversions
- Required to prevent coercion, fraud, inducement in religious conversions; reports of forced conversions in diverse areas.
- January 2021-April 2023: 427 conversion-related cases reported in Uttar Pradesh showing significant incidence.
- Upholding Rights
- Article 25 grants freedom of religion with reasonable restrictions; laws designed to ensure conversions happen voluntarily.
- Preventing misuse: combat cases where individuals coerced/induced through financial benefits or false marriage promises.
- Other Concerns
- Religious demographic: concerns about demographic shifts; polarizing propaganda, hate speech, misinformation spread exacerbating need.
- Social harmony: necessary for maintaining communal harmony, mitigating religious tensions/conflicts from forced conversion accusations.
- Supreme Court observation: forced religious conversion is “serious issue” violating Constitution; not all conversions illegal, right to choose religion.
Issues Associated
- Vague Terminology
- Terms like “force,” “inducement,” “allurement” often undefined leading to potential misuse of law.
- UP’s Act 2021: punishes “attempted” conversions with up to 5 years imprisonment; what “attempted” covers not clearly defined.
- Fundamental Rights Violation
- Seen as infringing on fundamental right to freedom of religion and conscience guaranteed by Constitution and international instruments.
- Critics view as blanket restriction on right to choose or change one’s faith violating personal autonomy.
- International Violations
- Criminalizing conversions violates Article 18 of Universal Declaration of Human Rights of protecting religion choice.
- Targeting Minorities
- Critics believe laws disproportionately affect religious minorities, particularly Christians and Muslims who engage in proselytizing.
- Communities view as attempts to restrict religious activities and freedom of propagation.
- Constitutional Challenges
- Many cases filed challenging constitutionality of anti-conversion laws in various courts nationwide.
- Opponents argue laws conflict with secular nature of Indian Constitution and guarantee of freedom of conscience.
Related Supreme Court Judgments
- Rev. Stanislaus (1977)
- SC upheld constitutionality of anti-conversion laws; right to propagate religion doesn’t include right to convert others.
- Forced conversions can disrupt public order justifying reasonable restrictions on religious freedom.
- Sarla Mudgal (1995)
- Court affirmed right to marry person of choice regardless of religion/social status; emphasized need for Uniform Civil Code.
- Conversions for ulterior motives not genuine requiring scrutiny and legal intervention.
- Right to Privacy (2017)
- Court recognized autonomy of individuals to make decisions in vital matters concerning their lives including religion.
- Hadiya (2018)
- SC upheld right of adult individuals to choose religion and marry according to personal choice reinforcing autonomy.
- Verdict reinforced individual’s right to conversion through marriage emphasizing personal autonomy principle.
Way Forward
- Legal Review
- Conduct thorough review of existing anti-conversion legislation ensuring clarity, remove ambiguity, align with constitutional guarantees.
- Non-Discrimination
- Conversion laws must be strengthened preventing coercion/force but must not discriminate between religions identifying perpetrators.
- Balanced Approach
- Balance must be struck between protecting individuals from coercive/fraudulent conversions and upholding right to religious freedom.
- Stakeholder Involvement
- Facilitate dialogues with religious leaders, civil society, legal experts, religious community representatives ensuring inclusivity and fairness.
Q- “Anti-conversion laws seek to protect religious freedom, but may end up restricting it.” Discuss. (15 Marks, 250 Words)