INTRODUCTION
The Government of Rajasthan has recently submitted before the Supreme Court its efforts to introduce its own legislation addressing religious conversions occurring within the state. This information was presented in an affidavit filed in response to a Public Interest Litigation (PIL) brought in 2022 by lawyer Ashwini through Advocate Ashwani Dubey, which sought directives for the Central and State governments to regulate illegal religious conversions.[i]This reignites the long-running argument about the constitutional right to freedom of religion and the topic of anti-conversion laws. From the perspective of Indian history, religion has been a major cause of disruption. The discussion of conversion laws only serves to increase the intricacy of this problem. Religious conversions have long been a contentious issue, but in the modern world, their significance has recently increased.
The right to freely profess, practice, and propagate religion is guaranteed under the Indian Constitution. This right is nevertheless subject to morality, public health, and public order. Since anti-conversion laws infringe upon these fundamental liberties, they frequently cause great controversy. The topic becomes even more complex when considering the historical background of religious conversions in India. Religion has always played a major role in Indian history, influencing social institutions and occasionally causing profound upheaval. The topic of religious conversions has gained popularity in the modern era, especially as concerns about rights, liberties, and identity have taken center stage in public conversation.
Given these complex factors, the discussion surrounding anti-conversion laws touches on fundamental principles of liberty, self-determination, and social cohesion.
ANTI-CONVERSION LAW- MEANING AND ITS NEED
AntiConversion laws refer to the laws that are put in place to prevent the forced conversion from one religion to another. These are judicial rules that are meant to prohibit the conversion of faith from one religion to another. When we talk about countries such as Algeria, Bhutan, Myanmar, and Nepal we see that these countries have anti-conversion legislation as a part of their federal laws. The specific provisions of these laws vary from one country to another. Some argue that the need for these arises to protect the cultural and social cohesion of a particular society. The conversions may also cause conflicts and divisions within a society and are necessary to protect the beliefs and traditions being practiced. It is also argued that these laws are needed to protect individuals from getting abused and forced into converting to a different religion.[ii]
HISTORY OF ANTI-CONVERSION LAWS IN INDIA
India has experienced repeated invasions by foreign invaders, which led to instances of forcible conversions, instilling fears within the majority community. The existence of anti-conversion laws dates back to the British era when princely states implemented such laws under the pretext of protecting Hindu religious identity from the influence of Christian missionaries. The Princely States had introduced Acts such as the Raigarh State Conversion Act of 1936, the Patna Freedom of Religion Act of 1942, the Sarguja State Apostasy Act of 1945, and the Udaipur State Anti-Conversion Act of 1946, primarily aimed at preventing conversions to Christianity.[iii]During the deliberations of the Constituent Assembly, the issue of religious conversions was extensively debated. There was consensus that forcible conversions should not be legally recognized, although it was determined that explicit provisions in the Constitution were unnecessary, as the matter could be addressed through ordinary legislation.[iv]Post-independence, the Indian Parliament introduced several bills concerning anti-conversion, none of which were enacted.
The Indian Conversion (Regulation and Registration) Bill, was a legislative attempt to require licenses for missionaries and registration of conversions with government authorities.Despite its intentions, the bill failed to pass into law, reflecting the complexities and controversies surrounding the regulation of religious conversions in India. The Backward Communities (Religious Protection) Bill was passed in 1960 to prevent Hindus from becoming followers of other religions. However, despite its introduction, the bill did not successfully pass into law, highlighting ongoing legislative challenges in addressing religious conversions.The Freedom of Religion Bill passed in 1979, was designed to restrict religious conversions.The Freedom of Religion Bill of 1979 represented another significant legislative effort to regulate religious conversions. The bill aimed to protect individuals’ religious freedom by ensuring that any conversion was voluntary and informed. However, like its predecessors, the Freedom of Religion Bill ultimately failed to be enacted, underscoring the persistent difficulties in creating effective and enforceable anti-conversion legislation at the national level.[v]
In 2015, the Union Ministry declared that the creation of a national law forbidding forced conversions was precluded by the constitutional division of powers, which grants state governments jurisdiction over law and order. This declaration acknowledged that matters of religious conversion and related legal issues fall within the purview of individual state governments rather than the central government. Consequently, state legislatures have taken it upon themselves to enact their laws to regulate and forbid religious conversions. These state-level anti-conversion laws vary in their specifics but generally aim to prevent coerced or fraudulent conversions, protect individuals’ religious freedom, and maintain social harmony within their jurisdictions.
IMPLEMENTATION OF LAWS INSTATES
In post-independence India, Odisha was the pioneering state to implement a law restricting religious conversions in 1967. This legislation aimed to curb conversions carried out through force, inducement, or fraudulent means. The enactment of this law was a significant move that laid the groundwork for other states to follow, establishing a model framework for regulating religious conversions and protecting vulnerable populations from coercive practices.
Following Odisha’s lead, Madhya Pradesh took a proactive approach to address the issue of religious conversions. The state established a committee specifically tasked with examining the activities of missionaries and assessing their impact on local communities. This investigative effort culminated in the enactment of the Madhya Pradesh Dharma SwatantrayaAdhiniyam in 1968.[vi] Over the past two decades, numerous other Indian states have adopted similar legislative measures to regulate religious conversions. These laws feature comparable provisions aimed at preventing conversions carried out through force, fraud, or inducement. The consistency in these legislative measures across different states underscores a collective recognition of the need to safeguard religious freedom while preventing coercive practices.
A notable aspect of these laws is the inclusion of stricter penalties for the forced conversion of specific vulnerable groups. Individuals from Scheduled Castes (SC) or Scheduled Tribes (ST), minors, and women are particularly highlighted in these legislations due to their historically marginalized and vulnerable status. The laws impose harsher punishments for offenses involving these groups, reflecting an acute awareness of their susceptibility to exploitation and coercion. More than ten Indian states have introduced legislation prohibiting certain methods of religious conversions. These include Arunachal Pradesh (1978), Gujarat (2003), Chhattisgarh (2000 and 2006), Rajasthan (2006 and 2008), Himachal Pradesh (2006 and 2019), Tamil Nadu (with a law enacted in 2002 and repealed in 2004), Jharkhand (2017), Uttarakhand (2018), Uttar Pradesh (2021), and Haryana (2022).[vii]Violators of these statutes face stringent penalties designed to deter coercive and fraudulent religious conversions. The fines can be as high as ₹50,000,[viii] and imprisonment terms range from one to ten years, reflecting the seriousness with which these offenses are regarded. The laws aim to create a legal framework that both respects religious freedom and prevents its abuse, ensuring that conversions are genuinely voluntary and free from undue influence.
In November 2019, the Uttar Pradesh Law Commission recognized the need for more robust regulatory measures concerning religious conversions and recommended the enactment of new legislation. This recommendation prompted the state government to take decisive action, leading to the promulgation of a recent ordinance. By implementing this ordinance, Uttar Pradesh has joined several other states in reinforcing legal protections against coercive conversions, thereby affirming its commitment to upholding both religious freedom and social order.[ix]
LEGAL STAND
Religious conversion is a contentious issue since it involves the fundamental freedom to “propagate” one’s religion rather than converting others against the law. The Indian Supreme Court can find balance within the framework set by the Preamble of the Constitution, which emphasizes the country’s “secular” nature and the fundamental rights that protect freedom of conscience.Article 25of the Indian Constitution provides‘that all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion, subject to public order, morality and health.’
The Supreme Court maintained anti-conversion laws in the Rev. Stainislaus v. State of Madhya Pradesh (1977) case, holding that Article 25(1) gives the freedom to spread one’s religion but does not confer the right to convert another individual.[x]
The Supreme Court of India decided in Sarla Mudgal v. Union of India that although a person may convert to a different religion to be married, they should not use this as an excuse to get out of paying taxes or other legal duties. The court further said that any conversion that is done only to get married is null and invalid and cannot be utilized as a defense in any court case.
The Supreme Court held in the S. Pushpabai v. C.T. Selvaraj[xi] case that a person is free to convert to a different faith, but that the conversion must be sincere and voluntary. The court further declared that the right to freedom of religion is violated by any coercion or deception related to a religious conversion.
A standard for demonstrating conversion was established in the 2010 case of M Chandra v. M Thangamuthu & Others, which called for documentation of both conversion and assimilation into the new group.[xii]The Hon’ble Court is currently considering a Writ Petition filed in December 2020 by the Mumbai-based NGO Citizens for Justice and Peace (CJP), which challenges the constitutionality of the anti-conversion laws.[xiii]
CONCLUSION
Rajasthan must negotiate a challenging legal landscape formed by past rulings, changing court opinions, and continuing constitutional discussions as it gets ready to pass its new anti-conversion legislation. Since the Princely States saw the disturbances brought about by religious conversions in the 1930s and 1940s, anti-conversion legislation has existed in India. Some claim that these rules violate the right to freedom of religion as granted by Article 25 of the Indian Constitution, although they are intended to protect people from being compelled to convert. Years have passed since the debates over anti-conversion statutes began, with different court decisions trying to find a middle ground. The state of Rajasthan will clarify its stance on religious conversion through the new law, which will also add to the ongoing conversation over religious liberty and state.
[i]https://indianexpress.com/article/india/anti-conversion-law-state-rajasthan-sc-9400643/
[ii]https://www.clearias.com/anti-conversion-laws/
[iii]https://www.ijilr.org/wp-content/uploads/An-Analysis-of-Anti-Conversion-Laws-in-India.pdf
[iv]https://www.researchgate.net/publication/228127197_Freedom_of_Religion_and_Anti_Conversion_Laws_in_India_An_Overview
[v]https://www.business-standard.com/india-news/anti-conversion-law-what-it-is-and-how-various-states-implement-it-123060600648_1.html
[vi]https://www.thehindu.com/news/national/explained-what-are-the-existing-laws-on-religious-conversions/article66234415.ece
[vii]https://www.business-standard.com/india-news/anti-conversion-law-what-it-is-and-how-various-states-implement-it-123060600648_1.html
[viii]Ibid
[ix]https://www.business-standard.com/india-news/anti-conversion-law-what-it-is-and-how-various-states-implement-it-123060600648_1.html
[x]https://www.hindustantimes.com/analysis/indias-anti-conversion-laws-and-related-court-judgments-through-the-decades-101718905820841.html
[xi]https://www.clearias.com/anti-conversion-laws/
[xii]https://www.hindustantimes.com/analysis/indias-anti-conversion-laws-and-related-court-judgments-through-the-decades-101718905820841.html
[xiii]https://www.scobserver.in/cases/cjp-v-state-of-up-constitutionality-of-anti-conversion-laws-case-background/
This blog is authored by Aishwarya Agnihotri, a student at the Institute of Law, Nirma University.
