Anti Conversion Laws in India, Need and Key Features

The Arunachal Pradesh government is working to bring a 1978 Act against “forceful” conversion out of cold storage by framing rules for its implementation.

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What are Anti Conversion Laws?

Anti-conversion laws are legislative measures aimed at preventing or prohibiting religious conversions.
The specific provisions and enforcement of anti-conversion laws differ across jurisdictions, and they may involve both criminal and civil penalties.

Anti-Conversion Laws in India

Pre-Independence Era: Before Independence, several Hindu princely states such as Raigarh, Bikaner, Kota, Jodhpur, Surguja, Patna, Udaipur, and Kalahandi implemented anti-conversion laws to curb missionary activities spreading Christianity.
Post-Independence Period:
- Parliamentary Bills: In 1954 and 1960, Parliament considered the Indian Conversion (Regulation and Registration) Bill and the Backward Communities (Religious Protection) Bill.
  - Both aimed to stop conversions but were abandoned due to lack of support.
- No Central Law: Currently, there is no specific law framed by the central government specific to religious conversion.
- The Bharatiya Nyaya Sanhita (BNS), 2023, addresses offences related to religion under Chapter XVI.
  - While it doesn’t specifically mention “forceful religious conversion,” it does cover various offences that could be related to religious sensitivities and actions.

Anti-Conversion Laws in Various States

Several states have enacted “Freedom of Religion” laws to restrict religious conversions carried out by force, fraud, or inducements.
These laws are currently in force in 8 states: Odisha (1967), Madhya Pradesh (1968), Arunachal Pradesh (1978), Chhattisgarh (2000 and 2006), Gujarat (2003), Himachal Pradesh (2006 and 2019), Jharkhand (2017), and Uttarakhand (2018).

Examples of State Laws

Orissa Freedom of Religion Act, 1967.
Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968.
Chhattisgarh Religion Freedom (Amendment) Act, 2006.
Jharkhand Freedom of Religion Act, 2017.
Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020.
Karnataka Protection of Right to Freedom of Religion Act, 2022.
Haryana Prevention of Unlawful Conversion of Religion Act, 2022.
Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024.

Need for Anti-Conversion Laws

Protection of Cultural and Social Cohesion: Believed to be necessary to prevent conflicts and divisions within communities that may arise from religious conversions.
Preservation of Traditions and Beliefs: The anti-conversion laws help protect the influence and power of a particular religion by preventing its erosion due to conversions.
Prevention of Coercion and Deception: Essential to protect individuals from being forced or deceived into converting to another religion.
Concern of Fraudulent Marriages: There have been cases where individuals were forced to convert after marrying someone from a different religion, raising concerns about deceitful practices.

Arguments Against Anti Conversion Law

Violation of Religious Freedom: Critics argue that anti-conversion laws infringe upon the fundamental right to freedom of religion guaranteed by Article 25 of the Indian Constitution.
- These laws are seen as restricting an individual’s right to choose and practice a religion of their choice.
Ambiguity and Misuse: The vague terminology used in these laws, such as “force,” “fraud,” and “allurement,” can be broadly interpreted, leading to potential misuse.
- This ambiguity has resulted in harassment and legal challenges against individuals, particularly from minority communities, even in the absence of concrete evidence.
Encouragement of Vigilantism: The existence of anti-conversion laws has, at times, emboldened non-state actors to engage in vigilante violence against individuals accused of unlawful conversions.
- This has created a hostile environment for religious minorities and has led to incidents of violence and discrimination.
Impact on Social Services: Religious organizations often provide essential social services, including education and healthcare.
- Anti-conversion laws can hinder these activities, as any aid provided by religious groups might be misconstrued as an inducement for conversion, thereby affecting the delivery of humanitarian assistance.
Constitutional Challenges: There have been legal challenges to the constitutionality of anti-conversion laws.
- Eg., The Supreme Court of India has noted that certain aspects of these laws may violate the fundamental right to religion, indicating potential conflicts with constitutional provisions.
Lack of Convictions: Despite the existence of these laws, there have been few arrests and even fewer convictions.
- This raises questions about their effectiveness and suggests that they may be used more as tools for harassment rather than for prosecuting genuine cases of forced conversions.

Judicial Pronouncements on Conversion

Lata Singh vs. State of Uttar Pradesh: The Supreme Court ruled that an individual has the right to marry someone of their choice regardless of their religion, caste, or social status, and any interference with this right is a violation of the right to freedom of choice.
Sarla Mudgal vs. Union of India: The Supreme Court held that a person can convert to another religion for the purpose of marriage, but the conversion should not be used as an excuse to evade legal obligations or responsibilities.
S. Pushpabai vs. C.T. Selvaraj: The Supreme Court ruled that an individual has the right to convert to another religion voluntarily, and any coercion or misrepresentation in connection with religious conversion is a violation of the right to freedom of religion.
Rev. Stainislaus vs. State of Madhya Pradesh & Ors (1977): The Supreme Court concluded that the right to propagate does not include the right to convert.