The state governments of Karnataka, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh, and Uttarakhand have passed laws which limit religious conversion. Recently, Haryana also joined these states by introducing the draft of the Haryana Prevention of Unlawful Conversion of Religious Bill, 2022. The bill aims to criminalize religious conversions conducted through deceit, coercion, deception, or force, including those done for or through marriage.
The Need for Anti-Conversion Laws
The Constitution of India confers on every individual the fundamental right to follow, practice, and propagate their religion. However, this right to religious freedom cannot be extended to mean a collective right to convert others. An individual’s right to their faith must be respected equally, regardless of whether they are the one converting or being sought for conversion.
Additionally, there have been instances where individuals have married people from other religions under false religious pretenses, only to later force them to convert. Such actions not only infringe upon the converted individual’s religious freedom but also pose a challenge to the secular fabric of society.
Provisions of the Draft Bill
The proposed Haryana bill includes stricter penalties for forceful conversions involving minors, women, Scheduled Castes, and Scheduled Tribes. It places the burden of proof on the accused to demonstrate that the conversion was not achieved through deceptive or coercive means. Furthermore, the bill stipulates that any individual converting to a different religion must provide a declaration that their conversion was not facilitated through fraudulent means.
A Brief Overview of Anti-Conversion Laws in India
The Constitution of India, under Article 25, ensures the freedom to follow, propagate, and practice one’s religion. However, no person should be forced to adopt any religious beliefs or practices against their will.
Despite there being no central legislation regulating religious conversions, several states have enacted ‘Freedom of Religion’ laws. These laws aim to prevent religious conversions facilitated through force, fraud, or inducements.
Concerns Related to Anti-Conversion Laws
The anti-conversion laws have been criticized for their uncertain and vague terminology, such as “misrepresentation,” “force,” “fraud,” and “allurement.” These terms are prone to misinterpretation and misuse and could potentially be used by officials to discriminate and oppress minorities.
There’s also the concern that these laws may run counter to secular principles and may negatively affect international perceptions of Indian society and its legal system.
The Supreme Court’s Stance on Marriage and Conversion
The Supreme Court of India has been clear in asserting an individual’s absolute right to choose a life partner, regardless of matters of faith.
In the Hadiya judgement of 2017, the court ruled that matters related to dress, food, ideas, ideologies, love, and partnership fall within the purview of identity and choice, and neither the state nor the law can interfere with them.
A similar sentiment was echoed in the K.S. Puttaswamy or ‘privacy’ Judgment 2017, which stressed individual autonomy in life-altering decisions.
The court has categorically stated in multiple judgements that the state and the courts have no jurisdiction over an adult’s absolute right to choose a life partner. The court emphasized that in a free and democratic country like India, any interference in an adult’s choice of partner can have a chilling effect on freedoms.
Way Forward
While drafting and implementing laws to curb fraudulent or coercive conversions, authorities must ensure that fundamental rights are not violated. These laws should strike a fine balance between preserving individual freedoms and preventing instances of coerced or fraudulent conversions.
