This article talks about the anti-conversion laws in place in different states of India. We’ll also be discussing the fact that how a national bill against fraudulent religious conversions in India could not get passed in the Parliament.
The Central Government has not imposed any anti-conversion laws in India. The states have phrased laws against forceful religious conversion or anti-conversion laws. Even in the modern era, we hear cases of forceful conversions. So, there is a need for stringent laws to prevent forceful religious conversions in the nation. There was a demand for a national anti-conversion law.
Anti-Conversion Laws During Colonial Era
The research papers in this regard enlighten us that the princely states started ordinances against religious conversions. Hindu royal households ruled these princely states during the British colonial rule. To be precise, it was between the later half of the 1930s and 1940s.
There were particular states with anti-conversion laws in India. These laws were enforced to protect the identity of the Hindu religion. Some princely states with these laws were Jodhpur, Patna, Bikaner, Surguja, Kalahandi, Udaipur, and Kota.
Trial for a National Law
Post India’s independence, many anti-conversion bills were introduced in the Parliament. But unfortunately, none got enforced. The first bill was introduced in 1954 and was called the Indian Conversion Bill. The idea behind this bill was to license the missionaries, and anybody who gets converted should be registered with the Government officials. However, the bill did not get the required support in Lok Sabha.
The next bill or anti-conversion law was brought to Parliament in 1960 and was called Backward Communities Bill. This bill stated Christianity, Islam, Zoroastrianism, and Judaism as non-Indian religions. And it aimed to discover the conversion of Hindus to these non-Indian religions.
This bill was followed by the Freedom of Religion Bill in 1979. This bill also crashed in Parliament by not gather enough support. It aimed at curbing inter-religious conversions.
Finally, in 2015, the union law ministry said that it is not possible to enforce a bill on fraudulent religious conversions at the national level. Since these matters come under the states, the states are free to enact state anti-conversion laws in India as per the constitution.
State Laws
Many states have passed the ‘Freedom of Religion’ ordinance to restrict or reduce forceful or fraudulent religious conversions. Such laws are presently enacted in eight states for years. These states, in order of enactment, are,
- Odisha in 1967
- Madhya Pradesh in 1968
- Arunachal Pradesh in 1978
- Chhattisgarh in 2000 and 2006
- Gujarat in 2003
- Himachal Pradesh in 2006 and 2019
- Jharkhand in 2017
- Uttarakhand in 2018
Interestingly, the anti-conversion laws in HP and Uttarakhand declare a marriage to be void if the main reason behind marriage was conversion. States like Tamil Nadu in 2002 and Rajasthan in 2006 and 2008 also passed similar clauses. But unfortunately, for Tamil Nadu, it got repealed in 2006 due to protests by Christian minorities. And for Rajasthan, the State Governor and the President of India did not pass their consent on it.
Due to rising cases of fraudulent or forceful religious conversion in Uttar Pradesh, the state government had to bring up a new anti-conversion law to regulate conversions.
What Does the Anti-conversion Law Hold?
Most states have common anti-conversion law characteristics, like a ban on forceful or fraudulent conversions. However, for states like Uttarakhand, Himachal Pradesh, and Uttar Pradesh, there is a ban on conversion via marriage.
Conversion Notice: The most lenient legislation in place is by Arunachal Pradesh. It mandates the priest who has performed conversion to issue a notice to the District Magistrate or similar kind of authority post-conversion. However, no such declaration from the converted person is required.
In the rest of the states, an advance notice by the converted person and priest is required. In Uttar Pradesh, the person who wants to convert has to provide a notice 60-days prior to conversion. In Uttarakhand, it’s 30-days for both parties.
Punishment: Madhya Pradesh and Odisha have the oldest laws. But still, they have the lowest imprisonment time, which is 1-year imprisonment on forceful conversion. However, Uttarakhand and Himachal Pradesh have 5-years of jail for forceful conversion. If the converted person is a minor or a woman, the punishment is longer in all states.
Loopholes in the Law
According to a report submitted by the USCIRF in 2016 and 2018, the surveyors have found out that these laws do not require any evidence to prove someone guilty of their wrongdoing. So many times, there have been unnecessary arrests and violent processions against religious minorities. A recent report by USCIRF states that in 2017, religious minority leaders and their followers had to face intimidating threats and arrests due to these laws.
Also, a Catholic nun and four tribal women were detained in June 2017 just on the basis of suspicion. In April 2017, 3 Christians were arrested in Madhya Pradesh just on baseless allegations that they were converting people.
In 2017, Sultan Masih (pastor of the Temple of God Church) was murdered in public just on the belief or a rumour that he was converting people. Christians had protested in Punjab and Ludhiana against this act.
Conclusion
The Indian Constitution provides us with the right to choose our religion as per our liking. However, for political benefit and constant religious clashes, some unusual events occur where the law has to take its course. Despite major trials to impose a National anti-conversion law in India, it could not make it. However, to protect religious rights, states have enacted laws for their regional population. Hopefully, these laws are efficient in avoiding any major incidents against religious conversions.
FAQ
What are the key provisions of anti-conversion laws in India?
Anti-conversion laws vary across states, but common provisions often require individuals to seek permission before converting to another religion. Some laws focus on preventing conversions through force, fraud, or inducement.
How do anti-conversion laws impact religious freedom in the Indian context?
Anti-conversion laws can be perceived as restricting religious freedom by imposing regulations on conversions. Critics argue that these laws may infringe upon an individual's right to choose and practice their religion freely, raising concerns about the balance between religious rights and state intervention.
Can you explain the historical background and evolution of anti-conversion laws in India?
The roots of anti-conversion laws trace back to concerns about forced religious conversions during colonial times. Post-independence, states began enacting such laws, influenced by debates around religious conversion and the desire to prevent perceived exploitation.
Are there specific cases or instances that have shaped the implementation of anti-conversion laws?
Specific cases have influenced the implementation of anti-conversion laws, often involving allegations of forced or fraudulent conversions. Legal interpretations and judgments in these cases contribute to the evolving landscape of anti-conversion laws in India.
What are the potential challenges and criticisms associated with anti-conversion laws in the Indian legal landscape?
Challenges include potential misuse of laws to target religious minorities and the subjective interpretation of terms like 'force' or 'fraud' in conversions. Critics argue that these laws can curtail religious freedom, fostering a climate of suspicion and inhibiting open dialogue about faith and conversion.
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