Anti-Conversion Law






Conversion brings a drive to learn. – Henry B. Eyring

India is the world’s second-most populous country in the world. And the country known for its unity in diversity. India is the home of people with different caste, color, religion etc. In spite of a rich tradition and legal framework supportive of freedom of conscience and the right to practice, profess, and promote the religion of one’s choice, religious minorities in India find themselves frequent victims of religiously motivated violence. The Preamble of the Indian Constitution says that India is a secular country. The Constitution of India further provides the freedom of practicing any religion peacefully and harmoniously without hurting the religious sentiments of the people of other religion as a fundamental right. This is the reason why India is well known for its “Unity in Diversity”. People are allowed to select the religion of their choice in the nation. People are allowed to opt for religion in which they are not born. The Indian Constitution provides for freedom of religion, and the supporters of anti-conversion laws believe that they help to promote religious freedom by protecting people from forced conversion. Those against anti-conversion laws believe that the laws infringe on the fundamental rights to freedom of religion because they prevent people from being able to convert to a religion of their choice.

There are various reasons for which people do convert their religion like: 

1. Voluntary Conversions i.e. conversions by free choice or because of change of beliefs. 

2. Forceful Conversions i.e. conversions by coercion, undue influence or inducement. 

3. Marital Conversions i.e. conversions due to marriage. 

4. Conversion for convenience. 

Anti-conversion laws have a long history in India. Many princely states enacted them in the early 1930s. In the 1980s some states enforced anti-conversion laws primarily against Muslims. Since the late 1990s these states have begun to enforce these laws against Christians. Anti-conversion laws have arisen from a long history of religious activity in India. These laws were first seen during British colonial period, although the government did not promulgate any anti-conversion laws. However, Hindu princely states enacted them during the British missionaries. Many states, during the colonial period, enacted such laws in order to stop people from changing their religion from Hindu to some other religion like Christianity. The attempt was to increase the population of Hindu followers in India.


Since decades the Country had faced various issues of forceful conversion. Ex. - The Portuguese practiced religious persecution in Goa, India in the 16th and 17th centuries. The natives of Goa, most of them Hindus, were subjected to severe torture and oppression by the zealous Portuguese rulers and missionaries, and forcibly converted to Christianity[1].  In an invasion of the Kashmir valley (1015), Mahmud of Ghazni plundered the valley, took many prisoners, and carried out conversions to Islam.[2] In his later campaigns, in Mathura, Baran, and Kanauj, again, many conversions took place. Those soldiers who surrendered to him were converted to Islam. In Bara (Bulandshahr) alone 10,000 persons were converted to Islam including the king[3]. And recently in the year 2016, the Ghar Wapsi of the Musahars (rat eaters) for conversion was arranged by senior BJP leader and BJP member of Lok Sabha from Buxar, Ashwini Kumar Chaubey.
The acute attention to the issue of religious freedom in India was brought by the newly elected government in the year 2014. The PM suggested that the creation of national law could help prevent forcible religious conversions, according to a national spokesman of the BJP.
Currently, the laws are in force in eight of our twenty-eight states: Odisha (1967), Madhya Pradesh (1968), Himachal Pradesh (2006), Arunachal Pradesh (1978), Chhattisgarh (2000), Gujarat (2003), Jharkhand (2017) and Uttrakhand (2018).There are variations between the laws in the Indian states also they are very similar in their structure and content. The main aim of the loss is to prevent a person from converting or attempting to convert either directly or indirectly, through forcible or fraudulent means or allurement or inducement. This also includes the threat of divine displeasure or social ex-communication. The key difference between Gujarat and Chhattisgarh is that a person wishing to convert must seek permission from the district magistrate at least thirty days before the date of the intended conversion. Where in Himachal Pradesh, a person who wants to convert must notify the magistrate thirty days in advance that they intend to do so. In Odisha and Madhya Pradesh the laws were enacted in the 1960s, almost four decades before the other states. And no prior permission on the notification is required, in Madhya Pradesh the magistrate must be informed once the conversion has taken place. The requirement to tell a magistrate about the intention to convert is divisive. The BJP in 2014 favored this requirement and said that it reduces the likelihood of voluntary converts changing this story down the line to say that they were forced. GVL Narasimha Rao national spokesperson for the BJP said that, this is what happened in wrestling conversions in Agra where a group of Muslims said they had been forced to profess Hinduism. Mr. Rao said “If anyone voluntarily wants to convert, what is the problem with giving intimation to the magistrate?” The problem in this situation is that some magistrates under pressure from hardline Hindu groups might prohibit any conversions from Hinduism but be unlikely to act as against radical groups who are forcing non-Hindus to convert to Hinduism.
India is an officially secular nation; it has a long tradition of religious tolerance. Which is with periodic and sometimes with serious lapses that is protected under the constitution of India. The constitutionality of anti-conversion laws cannot be decided on Article 25 only. Article 25 provides freedom of conscience and free profession, practice and propagation of religion. Article 25 can be interpreted to allow and disallow the anti-conversion law.
In the leading case of Rev. Stainislaus v. State of Madhya Pradesh[4], a Catholic priest (Father Stanislaus), who had been convicted of forcible conversion, challenged the Madhya Pradesh anti-conversion law on the basis that it was unconstitutional as the state legislature did not have the competence to pass the law. The High Court (hereinafter HC) of Madhya Pradesh found the anti-conversion law unconstitutional. The case went to the Supreme Court (hereinafter SC) in an appeal and the Court observed that “It has to be remembered that Article 25(1) guarantees freedom of conscience to every citizen, and not merely followers of one particular religion and that, in turn, postulates that there is no fundamental right to convert another person to one’s own religion because if a person purposely undertakes the conversion of another person to his religion, as distinguished from his effort to transmit or spread the tenets of his religion, that would impinge on the freedom of conscience guaranteed to all the citizens of the country alike.”
The court relied on Ratilal v. State of Bombay[5] for a distinction between conversion and propagation simply for the edification of others. It was observed that “Whatever else might be said about these bills and their treatment by the SC, they at least present a constriction upon religion as constitutionally understood.[6]
Heiner Bielefeldt, the United Nations Special Rapporteur on freedom of religion or belief from 2010 to 2016, devoted a report to the issue of conversion because violations of the right to convert have “become a human rights problem of great concern[7].”
State BJP parties and other nationalist groups, such as Rashtriya Swayamsevak Sangh (RSS), continue to tout anti-conversion laws, which in India are called “Freedom of Religion” Acts. Hindu nationalists’ the stated rationale for anti-conversion laws is that Christians and Muslims are using coercion to convert vulnerable Hindus in the lowest castes, also known as Dalits or Untouchables. Nationalists also have cited the need to “protect the cultural identity of tribal communities of the country.”
Despite this recognition of freedom of religion, India has been plagued by religious violence and intolerance, especially since the late 1990s. Christian groups have documented numerous attacks against Christians. One group estimates there is nearly one case of anti-Christian violence every day[8].Another has determined that 133 cases of targeted violence occurred in the first half of 2016, as compared to 147 and 177 cases in 2014 and 2015, respectively. In the state of Odisha (formerly known as Orissa) in 2008, radical Hindus instigated riots against the Christian minority that resulted in the deaths of 100 people, the destruction of 300 churches and 6,000 homes, and the displacement of 50,000 people.  In U.P a boy named Raju Prasad was bitten by Bajrang Dal workers on suspicion of conversion in the Kashiram Colony of Kanpur.
According to a 31 pages report prepared by Human Rights Commission in the year 1999 titled Politics by Other Means: Attacks Against Christians in India it was contended that the Indian Government had failed to control the attacks on the Christians and is exploiting communal tensions for political ends. This was after the victory of BJP in 1999. Attacks against Christians throughout the country have increased significantly since the BJP began its rule at the center in March 1998. They include the killings of priests, the raping of nuns, and the physical destruction of Christian institutions, schools, churches, colleges, and cemeteries. Thousands of Christians have also been forced to convert to Hinduism. The report concludes that as with attacks against Muslims in 1992 and 1993, attacks against Christians are part of a concerted campaign of right-wing Hindu organizations, collectively called the Sangh Parivar, to promote and exploit communal clashes to increase their political power ends. "Christians are the new scapegoat in India's political battles," said Smita Narula, author of the report and researcher for the Asia division of Human Rights Watch. "Without immediate and decisive action by the government, communal tensions will continue to be exploited for political and economic ends[9].
In 2020 report of US Commission for International Religious Freedom (USCIRF) has downgraded India to the lowest ranking and has put India into the list of “Country of particular concern”. India was categorized as a Tier-II country in the last year’s listing but this year the position of India had degraded to be placed in this category since 2004 due to the various movements in the country since the last year. This report may also affect the relationship between India and the US[10]. The countries were significant religious freedom violations occur are added in the Tier 2 country list.
A decline in religious freedom came about with religiously divisive campaigning during the 2014 general election season, and with the national victory of the Bharatiya Janata Party (BJP), which was already in power in several states. The BJP has as its official ideology “Hindutva,” or Hindu nationalism, with the goal of India as a Hindu state with Hindu values. As a result, there has been a significant increase in administrative restrictions and curtailing of civil liberties, and religious minorities have suffered further attacks and forced conversions by Hindu nationalists. With the BJP in power, minority religious communities have seen a decrease in their ability to practice their religions freely.
Any person can convert his or her religion with good faith. A mere declaration whether oral or in writing does not amount to conversion. Credible evidence of the intention to convert followed by definite overt acts to give effect to that intention is necessary[11].
At the time of drafting the constitution there were extensive debates regarding the personal law. Country like India where there is hundreds of religion it was a big step to even think about making one law for whole nation. Unlike CrPC, CPC, IPC and other laws the idea of making single law on personal laws is not easy. But does that mean the state is taking away the guaranteed rights of Article 25? Or this is anti-conversion law?
A long debate is still going on.
Certainly the founding fathers of our nation never wanted that anyone’s right to be taken at any cost. But the formula for bringing up Uniform Civil Code (UCC) is far different and it does not even relate to anti-conversion law. Under UCC the idea to change someone’s religion is not present but because of certain uncodified/codified law it is necessary that we must have some clear basics of rights which are not present in personal law or customs also. The landmark example of one nation one law is section 125 of CrPC which deals with maintenance. Before this provision in the Muslim personal law there was no provision for maintenance after the dissolution of marriage and it has affected so many women, children, and dependent parents.

So the question is does that provision made anyone change their religion? The answer is no but it rightly gave the idea to not follow such customs and practices which may harm someone’s life or right.

Conversion of religion forcefully is a criminal practice but UCC is to keep everyone equal so that no one faces any type of inequality because of their personal laws. The idea of two, therefore, is far more different from each other. And it’s time that we do not use UCC as a source of destruction in the process of anti-conversion. Where religion is at topmost the Humanity should not lack behind in the name of religion.

by----

             Shubham Singh and Surbhi Kumari, 2nd-year law students at the Institute of Chartered Financial Analysts of India University(ICFAI), Dehradun, both are currently pursuing B.A.LL.B.
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REFERENCES:

[1] The Goa Inquisition, Being a Quatercentenary Commemoration Study of the Inquisition in India by Anant Priolkar, Bombay University Press
[2]  Ramesh Chandra Majumdar (1951). The History and Culture of the Indian People: The struggle for empire. p. 12
[3] Catherine B. Asher. India 2001: Reference Encyclopedia, Volume 1. South Asia Publications. p. 29.
[4] A.I.R. 1977 S.C. 908.
[5] A.I.R. 1954 S.C. 391
[6] Robert D. Baird, Traditional Values, Governmental Values, and Religious Conflict in
Contemporary India, 1998 BYU L. Rev. 337, 349-50 (1998).
[7] Heiner Bielefeldt (Special Rapporteur on freedom of religion or belief),
Interim report of the Special Rapporteur on freedom of religion or belief, ¶ 15, U.N. Doc.
A/67/303 (Aug. 13, 2012) [hereinafter Bielefeldt, Right to convert].
[8] Anto Akkara, In India, one case of anti-Christian violence a day, WORLD WATCH MONITOR (Jan. 21, 2016), https://www.worldwatchmonitor.org/2016 /01/4257104/; see also India – Not Safe to be Christian?, CATHOLIC FORUM REPORT
[9] Anti-Christian Violence on the Rise in India". Human Rights Watch. 29 September 1999. Archived from the original on 11 February 2009.
[10] https://www.thehindu.com/news/national/uscirf-downgrades-india-in-2020-list/article31457624.ece
[11] 235th Law Commission Report on Conversion/ Reconversion to Another Religion.

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