THE LAWWAY WITH LAWYERS JOURNAL
VOLUME:-20 ISSUE NO:- 20 , FEBUARY 18, 2025
ISSN (ONLINE):- 2584-1106
Website: www.the lawway with lawyers.com
Email: thelawwaywithelawyers@gmail.com
Authored By :- Palak sharma
ANTI-CONVERSION LAW IN INDIA- A COMPREHENSIVE OVERVIEW
ABSTRACT
India’s anti-conversion law is a contentious topic that has an impact on societal cohesion, individual liberties, and religious freedom. The purpose of these regulations is to stop forced or fraudulent religious conversions, especially when pressure, seduction, or fraud are involved. They have, however, sparked worries about violations of religious freedom, particularly among minority populations. Stricter anti-conversion laws have been put in place by states including Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and Odisha, which mandate that people notify authorities before changing their faith. These rules, according to critics, are frequently ambiguous and susceptible to misunderstanding, which might result in abuse and disproportionately target religious minorities. The essay offers a thorough analysis of these regulations as well as possible safeguards against abuse.
Preventive and regulatory anti-conversion legislation are the two primary categories covered in the article. While regulatory laws create a framework for tracking conversions and making sure they are not affected by outside influences, preventive laws forbid conversions by coercion, fraud, or inducement. Religious freedom is protected by the Indian Constitution, and states have the authority to control conversions in certain situations. The article also looks at important court rulings that have influenced the evolution of anti-conversion legislation in India, including REV. STAINISLAUS V. STATE OF MADHYA PRADESH (1977) and THE SHAH BANO CASE (1985). These rulings underscore the continuous conflict between religious liberty and the prevention of forced conversion and stress the necessity of a fair judicial interpretation.
KEYWORDS- Social harmony, Stanislaus , Judicial, Coercion, Interfaith marriages, Petitioners and respondent
INTRODUCTION- In India, where social and religious forces frequently converge, religious conversion is a serious issue. In India, where social and religious forces frequently converge, religious conversion is a serious issue. In India, where social and religious forces frequently converge, religious conversion is a serious issue. Human rights, religious freedom, and social peace are the topics of discussion when it comes to anti-conversion legislation. This field of law is shaped by important cases, and implementation issues are examined. In order to overcome these obstacles, it may be necessary to ensure societal cohesion while also advancing religious freedom.
UNDERSTANDING ANTI-CONVERSION LAWS
Article 25 of the Indian Constitution provides everyone the freedom to practice their faith. To protect morality, public health, and order, it also imposes reasonable limitations on the use of this freedom. In order to prevent forced or unethical religious conversions and to stop people from being tricked into changing their faith by false promises of pecuniary gains, anti-conversion laws are an essential component of the Indian Constitution.
Orissa’s 1967 “Orissa Freedom of Religion Act,” which was later adopted by Madhya Pradesh, Gujarat, Chhattisgarh, and Uttar Pradesh, sought to stop forced and fraudulent conversions, especially against women, lower castes, and tribal communities, especially in the state of Odisha.
KEY FEATURES OF ANTI-CONVERSION LAWS :
The purpose of the Anti-Conversion Law is to:
- Prevent Coercion: Prevents forced conversions under duress, such as threats, assault, or extortion. • Prevents conversions based on false promises, such as marriage, money, or jobs. • Maintain Religious Integrity: Makes sure that no coercion or incentive is used to force conversions.
- Preserve Social Harmony: Avoids conversions that can cause conflict within the community. • Protect Minorities’ Rights: Prevents dominant groups from influencing or coercing religious minorities.
TYPES OF ANTI-CONVERSION LAWS IN INDIA:
India’s Anti-Conversion Laws- • Prohibition of Forced Conversion: Generally speaking, laws forbid conversions brought about by coercion, deception, or seduction. • Required Prior Intimation: In many states, people are required to notify local authorities beforehand.
- Violation Penalties: Infractions may be punished with fines, jail time, or both. • Regulation of Conversions by Religious Institutions: According to certain rules, religious institutions must record conversions.
MAJOR ANTI-CONVERSION LAWS IN INDIA
Overview of Indian Laws Regarding Religious Conversion:
- Orissa Freedom of Religion Act, 1967: Prohibits coercion, deception, or seduction; regulates religious conversions; and mandates notice to authorities.
The Madhya Pradesh Freedom of Religion Act, 1968, forbids conversions by pressure or seduction, much like Orissa. • Himachal Pradesh Freedom of Religion Act, 2006: This law attempts to prevent coerced or
fraudulent conversions by requiring prior notification to the district magistrate. • Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020: This contentious law forbids conversion by force, enticement, or compulsion and requires authorities to be notified in advance.
LANDMARK CASES OPN ANTI-CONVERSION LAWS
Important Cases Concerning India’s Anti-Conversion Laws:
- REV. STAINISLAUS V. STATE OF MADHYA PRADESH(1977)
- The seminal case of Rev. Stainislaus v. State of Madhya Pradesh (1977) examined the legality of anti-conversion legislation in Orissa and Madhya Pradesh. • The petitioners said that these measures infringed against Article 25 of the Constitution, which guarantees religious freedom. • The Supreme Court maintained the regulations, ruling that the government had the right to control religious conversions for reasons of morality, public health, and order. The Court also emphasized that there are legitimate limitations on the freedom to practice one’s faith.
- GOVERNMENT OF UTTAR PRADESH V. LALITA KUMARI (2013):
- The Supreme Court discusses how state authorities handle complaints about forced conversion. • The court requires that any claims of forced conversion be looked into right away. • Supports the implementation of preventative measures to avoid similar situations. • Draws attention to the necessity of correctly implementing conversion legislation. • Stresses the need to avoid forced or phony religious conversions.
- THE SHAH BANO CASE (1985)
- Discusses religious freedom above personal laws;
- Brings up issues about state regulation of interfaith weddings and conversions; • A Muslim lady asks her ex-husband for maintenance.
- THE KARNATAKA ASSEMBLY PASSED THE KARNATAKA RELIGIOUS FREEDOM BILL (2021).
- Started a discussion on the implications for individual rights and legality. • Petitioners challenged Bill sections, including the requirement for prior notification, before the Karnataka High Court. • The case is anticipated to have a major influence on India’s future anti-conversion legislation.
CHALLENGES OF ANTI-CONVERSION LAWS
Problems with India’s Anti-Conversion Laws
- Violation of Fundamental Rights: According to critics, these regulations unnecessarily limit religious freedom by limiting individual liberty and religious expression. • Vague Definitions: These laws’ definitions of “coercion,” “allurement,” and “force” are frequently ambiguous, which can result in inconsistent implementation and possible abuse. Selective prosecution and capricious enforcement are made possible by this uncertainty. Problems with India’s Anti-Conversion Laws
- Anti-conversion laws are used by right-wing organizations to attack religious minorities, especially Muslims and Christians. Laws are said to exacerbate tensions among communities and cause divides. Concerns are raised regarding the effects on interfaith marriages, where one partner’s conversion to the other’s religion can lead to legal scrutiny and harassment; anti-conversion laws can have a chilling effect on religious conversion activities, making it impossible for missionaries to carry out their religious work.
REMEDIES FOR CHALLENGES OF ANTI-CONVERSION LAWS Overcoming the Difficulties of Anti-Conversion Laws
Clarity in Legal Provisions: To avoid abuse and misunderstanding, anti-conversion legislation should be precisely defined. Use words such as “coercion,” “allurement,” and “force” to prevent misunderstandings.
Independent Oversight: Create impartial organizations to guarantee that anti-conversion legislation is used correctly. Examine complaints about religious conversions and make sure that no rights are being violated. Involve civil society organizations and human rights organizations to
promote accountability and transparency. Overcoming the Difficulties of Anti-Conversion Laws
Preserving Interfaith Unions 1.Put legal protections in place to stop conversion compulsion or punishment. 2.Establish explicit guidelines to safeguard people’s freedom to get married and convert.
Awareness and Education 1.Encourage public education initiatives about anti-conversion legislation. 2.Encourage respect for diversity, religious tolerance, and personal autonomy.
Making Sure Conversions Are Voluntary 1.Verify that conversions are voluntary and not the result of coercion, fraud, or force. 2.Establish a setting where people may follow their faith without worrying about reprisals or legal issues.
Preserving Interfaith Unions 1.Put legal protections in place to stop conversion compulsion or punishment. Establish explicit guidelines to safeguard people’s freedom to get married and convert.
CONCLUSION
Religious freedom is impacted by India’s complicated legal, social, and political anti-conversion laws. Although the goal is to shield people against coerced or fraudulent conversions, their use raises questions about potential violations of basic rights, especially the Indian Constitution’s provision of religious freedom. However, deceptive terms like “coercion” and “allurement,” according to opponents, are misused and unfairly impact minority populations. The two main categories of anti-conversion legislation—preventive and regulatory—help to explain the disparate strategies used by various jurisdictions. Famous court decisions like the Shah Bano case (1985) and Rev. Stainislaus v. State of Madhya Pradesh highlight the necessity for a fair interpretation of the law to shield people from compulsion while preserving their freedom to practice their faith.
REFERENCES
BOOKS
- ANTI-CONVERSION LAWS COMPENDIUM BY “USCIRF”
- CONVERSION: CONSTITUIONAL AND LEGAL IMPLICATIONS BY ANURAG SHARMA
ONLINE ARTICLES-
- ANTI CONVERSION LAW: ISSUE, CONTROVERSY AND CRITICISM (https://www.nextias.com)
- ECONOMIC AND POLITICAL WEEKLY ( https://www.epw.com)