The issue of Forced Religious Conversion has been a major topic in India recently, leading to the Supreme Court asking the Centre to address it seriously. The controversy revolves around states that have passed anti-conversion laws, the constitutional provisions on freedom of religion, and certain articles under the Constitution. Understanding this complex issue requires examining several elements, including the anti-conversion laws, related Supreme Court judgments, and the reasons for their implementation.
Understanding Forced Religious Conversion
Religious conversion refers to the process of changing from one set of religious beliefs to another. This could involve abandoning a previous religion to adopt a new one entirely. For instance, a person might shift from being a Christian Baptist to a Methodist or Catholic, or from being a Muslim Shi’a to Sunni. In some instances, this conversion symbolises a significant transformation in a person’s religious identity and is marked by special rituals.
Need for Anti-Conversion Laws
While the Indian Constitution offers everyone the right to profess, practice and propagate their religion, it does not extend this right to proselytizing, which involves trying to convert someone from their religion to another. Further, there have been several incidents involving people marrying individuals from other religions, either through misrepresentation or concealment of their own religion, forcing their spouse to convert after marriage. The Supreme Court has taken note of such cases, stating that they infringe on the freedom of religion and undermine the country’s secular fabric.
Status of Anti-Conversion Laws in India
The Indian Constitution under Article 25 grants the freedom to profess, propagate, and practice religion, subject to public order, morality, and health. Yet, there is no central legislation restricting or regulating religious conversions. Over the years, however, several states have enacted ‘Freedom of Religion’ legislation to curb religious conversions carried out through force, fraud, or inducements. These include the Orissa Freedom of Religion Act, 1967, Gujarat Freedom of Religion Act, 2003, Jharkhand Freedom of Religion Act, 2017, Uttarakhand Freedom of Religious Act, 2018, and The Karnataka Protection of Right to Freedom of Religion Act, 2021.
Issues Associated with Anti-Conversion Laws
A major concern with these anti-conversion laws is the vague terminology like misrepresentation, force, fraud, allurement which can be misused due to their ambiguity or broad scope. Furthermore, the current anti-conversion laws seem more focused on prohibiting conversion to maintain religious freedom. This broad language might be misused by officials to oppress and discriminate against minorities. Also, these laws could pose a threat to the secular fabric of India.
Way Forward
Governments implementing anti-conversion laws need to ensure that they do not infringe upon Fundamental Rights or hinder national integration. Instead, these laws should strike a balance between protecting freedoms and preventing malicious conversions.
Constitutional Provisions and Case Laws Involved
In the 1977 ruling in the Rev Stainislaus versus State of Madhya Pradesh case, the Supreme Court stated that there is no fundamental right to convert another person to one’s own religion, emphasizing the importance of ‘freedom of conscience’. Thus, any efforts to forcibly convert a person would violate their freedom of conscience. Amidst the ongoing debate, the court has stressed the need for the Centre and states to take stringent steps to check such conversions, considering their potential threat to national security and freedom of religion.
Conclusion
The issue of forced religious conversion is complex, involving numerous constitutional provisions and interpretations. While the existing anti-conversion laws aim to protect religious freedom and maintain public order, their implementation has raised questions about fundamental rights and secularism. Hence, a balanced approach is required in dealing with this issue.