The topic of anti-conversion laws has recently been spotlighted due to the proposed Himachal Pradesh Freedom of Religion (Amendment) bill 2022. This bill aims to criminalize mass religious conversions, amending the existing Himachal Pradesh Freedom of Religion Act-2019 which was established to ensure freedom of religion by prohibiting forced conversion from one religion to another.
The Proposed Amendment and its Justification
The Himachal Pradesh Freedom of Religion Act-2019 stipulates that conversion from one religion to another cannot be achieved by misrepresentation, force, undue influence, coercion, inducement or other fraudulent methods. However, it lacks provisions to prevent mass conversions. The proposed amendment seeks to rectify this by introducing a term defining ‘mass conversion’ as the conversion of two or more persons simultaneously.
Main Features of the Amended Bill
The proposed bill extends the maximum sentence to 10 years and increases the fine for violations pertaining to mass conversions. It mandates that any complaints received should be investigated or inquired into by a police officer of the rank of sub-inspector or above. It further asserts that offences punishable under the Act are triable by the sessions court. The legislation also introduces punishment for those who marry under the pretense of a certain religion, only to force their spouse to convert post marriage.
The Dilemma of Religious Conversion
Religious conversion, in its simplest definition, is the adoption of a particular religious denomination’s beliefs over others. This action usually involves abandoning adherence to one denomination and affiliating with another. In some cases, this conversion marks a transformation of religious identity and is often symbolized by distinctive rituals.
Why Do We Need Anti-Conversion Laws?
These laws seek to maintain a balance in religious freedom. While proselytizing, the act of trying to convert another individual to the converter’s religion, is a right, it should not infringe on the right of the person being converted. Such laws also aim to protect against fraudulent marriages where individuals misrepresent their religion to convert their spouse.
Current Status of Anti-Conversion Laws in India
While Article 25 of the Indian Constitution guarantees the freedom to profess, practice, and propagate religion without force, there are no central legislations restricting or regulating religious conversions. However, several states have enacted ‘Freedom of Religion’ legislation to prohibit conversions by force, fraud, or inducement.
Challenges with Anti-Conversion Laws
Ambiguous terminology such as misrepresentation, force, fraud, allurement presents an avenue for misuse of the law. Additionally, these laws can often be used to oppress and discriminate against minorities. Moreover, these laws, unless implemented carefully, can threaten the secular fabric of India.
Key Supreme Court Judgements on Marriage and Conversion
Judgments like the Hadiya Judgment of 2017 and the K.S. Puttaswamy or ‘privacy’ Judgment of 2017 underline the importance of personal autonomy in matters of dress, food, ideas, ideologies, love, and partnership. The Supreme Court has asserted that the state and courts cannot dictate terms in these matters. The court further notes that any interference in an adult’s right to love and marry undermines freedoms and violates privacy.
Looking Ahead: Striking a Balance
While governments need to ensure strict action against malafide conversions, they must also take care to prevent curbing of fundamental rights or dampening national integration. An effective balance needs to be maintained between protecting freedom of religion while preventing coercion or undue influence in matters of faith.
