THE CONUNDRUM OF ANTI-CONVERSION LAWS IN INDIA

AUTHOR: KHUSHI PAWAR, NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, INDORE

INTRODUCTION

Religion is a link that connects the individuals with the divine. It is much ahead of a system of beliefs and practices. To many, it is a source of hope and comfort in times of crisis, while for some it is a mechanism to cope with anxiety, grief and pain. In India, the freedom of religion has a constitutional backing under Article 25 of the Indian constitution, which entitles every individual the fundamental right to practice, profess and propagate the religion of their own choice. This right includes various aspects such as the freedom of conscience, practicing, professing and propagating any religion. But certainly, like any other fundamental right, even this right is not absolute and is subject to certain reasonable restrictions such as public order, health and morality. A crucial aspect which lies herein is that, though the law provides the freedom to propagate the religion and allows for voluntary conversions, forced conversions are strictly prohibited by this law. To prevent this kind of exploitation, various states have devised their own frameworks on anti-conversion laws, which have sparked debates throughout the country and are alleged to have been infringing the individual autonomy of practicing the religion of one’s choice.

HISTORICAL FOOTPRINTS

Religious conversion has long been a heated point for debate in India because of its strong and deep interlinkage with various societal dynamics. The history of anti-conversion laws in India dates back to the pre-independence era where certain princely states such as Raigarh, Surguja, Udaipur, etc. enacted anti-conversion laws in order to prevent religious conversions. Though the British government largely followed a policy of non-intervention in religious affairs, the activities of Christian missionaries prompted the states to enact these legislations. In the post-independence era while the constituent assembly was framing the constitution, debates stirred-up on the need for regulation of conversion. Around the 1960s, few states started introducing these laws in order to curb such practices, particularly in tribal areas. Orissa and Madhya Pradesh were the first states to bring such laws which mandated permission before converting to another religion. The contemporary era has seen emerging stricter anti-conversion laws in various states such as Chhattisgarh, Uttarakhand, Uttar Pradesh etc.

The nature of these laws have seen a drastic shift from being centered upon preserving the traditional faiths in the pre- independence era to focusing on interfaith marriages (due to rising cases of love-jihad) and mass conversions.

THE DISCORDANT DIMENSION

But, what exactly is the problem with anti-conversion laws? It is often argued that anti-conversion laws violate the fundamental right to freedom of religion by restricting an individual’s ability to choose their own religion. This may directly or indirectly suppress the rights of minority religions. The most critical flaw in various such laws is the presence of ambiguous terms and lack of proper justifications for them, which acts as a threat to the freedom of religion as provided by the constitution. Right to freedom of religion is not just a nationally protected right but finds recognition in the international human rights framework as well. There have been various instances of coercion and manipulation in religious conversion. Further, they also become contributing factors to promoting socio-cultural divide in the society which can further enrich the dominant religion. The hon’ble courts in certain cases have held that the right to convert to another religion is a fundamental right and any interference can lead to an infringement of these rights.

At the same time, it becomes important to note that the religious minorities, particularly the tribal population of the country are at the risk of forced conversions as recent years witnessed several such incidents where the tribal people were subjected to forceful conversions including cases of manipulation and allurement in the name of religion. These people often fall into the trap of such unethical tactics, and often face abuse. Forceful or fraudulent conversions also take place in the name of marriage where they are forced to convert to another religion by marrying someone of a different religion. Taking into consideration these factors, the governments of various states have recently passed anti-conversion laws but implementation of these laws by various states have sparked off protests in various parts of the country as it is seen as a violation of the fundamental rights of individuals.

A PRAGMATIC BLEND

In the words of Sri Aurobindo- “To each individual, the manifestation of the Divine must appear in the form that appeals to him the most and helps him best.” This suggests that an individual must follow the path that caters to their needs and resonates with their understanding. The freedom to convert to another religion should not be curbed unless it doesn’t come voluntarily, as that would be an infringement of the very essence of the constitutional provision of freedom of religion. India’s anti-conversion laws aim to balance this religious freedom with its misuse in the form of coercive practices such as inducements, allurement, etc. These laws aim at protecting the minority religions, however, fulfilling certain lacunas in these laws may help in preventing the controversies surrounding them. Ensuring clarity in these laws in order to remove the ambiguity can help in proper interpretation, clear distinctions should be drawn with respect to the use of terms and what falls under their ambit. Judiciary’s role is indispensable when it comes to interpretation of laws. Their misuse can be prevented by focusing more on educating people about their rights by carrying out dedicated awareness campaigns. These steps can increase the efficiency of these laws and can help attain their purpose in the truest sense.