Anti conversion laws: Threat to Fundamental Rights?

Abstract

This article is concerned with anti-conversion laws. These laws are enacted to prevent forced or fraudulent conversions. However, in practice, the application developed into an issue over personal freedoms as well as interfaith relations. Some states like Uttar Pradesh, Himachal Pradesh, and Uttarakhand had such laws in place; this development raised many questions over the implications of such a law on religious freedom and rights in India. The main goal of these laws is to prevent people from being forced to convert. However, they also influence interfaith marriages and the freedom to practise one’s religion. There are real concerns about whether these laws fit well with what the Indian Constitution says in Article 25. The following study evaluates the laws, case laws, and other documents intending to see how these laws work and mean for the people. According to the major findings of our study, although these laws are devised and developed for the protection of people from pressure, they often turn out to be frustrating to personal freedom and Day against the spirit of a secular society. In the end, this paper offers some ideas for changing policies and gives thoughts on what future research can explore to fill in the gaps found. Understanding this topic is very important for balancing state interests with individual rights in India’s rich mix of religions.

Keywords

Anti-conversion Laws, Fundamental Rights, Religious Freedom, Indian Constitution, Secularism, Interfaith Marriage, Article 25, state intervention, legal framework, international law.

Introduction

Background

Anti-conversion laws are state-level legal provisions that bar religious conversion away from the religion of birth. The laws were created out of fears around forced conversions as well as the luring of people for bad activities in return for spiritual hegemony over borders. The said laws have thereby raised lots of controversy regarding human rights and religious freedom.

Article 25 of the Indian Constitution: Freedom of conscience and free profession, practice, and propagation of religion—Subject to public order, and morality. This right is not absolute. And only parliament has the right to make laws on these rights but anti-conversion laws are state level and application of such by several states—Arunachal Pradesh, Odisha Madhya Pradesh Chhattisgarh Gujarat Himachal Pradesh Jharkhand Uttarakhand—further muddles these questions about compatibility with Fundamental Rights as well as constitution guarantees. They require individuals to seek permission from authorities before converting to a different religion and place the burden of proof on those accused of forced conversions. Critics argue that the laws create an environment of fear and suspicion that violates the foundation of Indian democracy, such as religious freedom and secularism. Historical Background on Anti-Conversion Laws

History of Anti-Conversion Laws

Anti-conversion laws in India can be traced back to colonial times. They originated under British rule when missionary activities led to tensions among large Hindu and tribal populations. The first of the anti-conversion laws came about in the 1930s and 1940s by the likes of princely states such as Raigarh and Udaipur. These laws were to protect cultural identities from the perceived threats of the missionary activities.

The Indian Conversion (Regulation and Registration) Bill, and the Backward Communities (Religious Protection) in 1960s and 1960s were not enacted. Then in the late 1960's and early 2000s anti-conversion laws came up in different states, beginning with Odisha in 1967 then Gujarat (2003); Arunachal Pradesh(1978) Madhya Pradesh(1968).

Research Problem

Now, let us get into the main question this article poses: "Do anti-conversion threaten our fundamental rights, and how do they affect the balance between religious freedom and state intervention?" Such a question shall help us to understand whether these laws infringe one’s right under Article 25.

Purpose and Objective

The following research seeks to look into anti-conversion laws and their impact on religious freedom and secularism in India. In this article, we aim to achieve the following objectives.

1. What are the factors that led to religious conversion in India?

2. To analyse the anti-conversion laws of states and what are their impact on Article 25 of the Constitution.

3. How does the religious conversion laws impact Individual rights with respect to inheritance & maintenance?

4. What are the constitutional challenges posed by these laws

5. Compare how India is handling the issue with international human rights standards

Hypothesis

The main thought behind this research is that as much as anti-conversion laws try to keep people safe from forceful conversions and try to maintain order, they may still infringe the individual freedoms and secular beliefs. This creates the tension between state interest and Individual interest.

Significance

In the context of civil rights advocacy, legal scholarship, and policymaking, it is important as it aids in understanding the delicate balancing that states must perform to ensure that individual rights are not violated. It emphasizes how crucial it is to draft laws that safeguard both individual liberties and public safey.It is essential to understand this balance to create laws and policies that uphold the rights of individuals as well as the interests of the state.

Literature Review

Effect of Anti-Conversion Laws

Anti-conversion laws are laws on conversions. They have been enacted in several states of India. The motive is to prevent fraudulent or forced conversions. States such as Himachal Pradesh, Uttarakhand, and Uttar Pradesh have anti-conversion laws on conversions which are mainly done for marriage.

An example of this is the 2020 Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, under which individuals are now required to obtain state approval for converting to another religion. If the individual violated the prescribed manner of converting to another religion and imposes a burden of proof on the accused of forced conversion.

However, laws faced criticism from all quarters. Many believe that they bring in an aura of fear, especially in interfaith couples who just want to be together. Reports by international bodies like the USCIRF highlight incidents of violence and arrests linked to these laws, emphasising their impact on religious minorities and interfaith relationships. Reports from the United States Commission on International Religious Freedom (USCIRF) from 2016 and 2018 indicate that while prosecutions under these laws are infrequent, they contribute to a climate of fear among individuals seeking interfaith marriages. For instance, the 2017 USCIRF report highlights incidents where individuals have been arrested or attacked, such as the killing of a pastor suspected of conversion, leading to protests from Christian communities in Punjab. These incidents illustrate the tangible impact of anti-conversion laws on religious minorities and their freedom to engage in interfaith relationships

Rights of individual

The Indian judiciary has historically defended the rights of individuals in inter-caste and inter-religious marriages. Early Supreme Court decisions, such as in Lata Singh vs. State of Uttar Pradesh, (2006) 5 SCC 475, affirm that individuals have the right to marry according to their choice once they reach adulthood, irrespective of familial or societal opposition. Similarly, in cases like Arumugam Servai vs. State of Tamil Nadu, (2011) 6 SCC 405 and Bhagwan Dass vs. State (NCT of Delhi), (2014) 1 SCC 641, the Court has condemned violence against couples engaging in such marriages and emphasised state responsibility to prevent such acts.

The Supreme Court's rulings in Re: Indian Woman Says Gang-Raped on Orders of Village Court and Ratilal Panachand Gandhi v. State of Bombay, 1954 AIR 388, 1954 SCR 1035 further reinforce the fundamental right to religious freedom and the ability to propagate one’s religious beliefs. In Rev. Stanislaus vs. State of Madhya Pradesh, (1977) 1 SCC 677, the Court upheld the constitutionality of early anti-conversion statutes, citing their purpose to secure freedom of conscience and public order. Conversely, in Sufiya Sultana v. State of U.P., (2019) 7 SCC 10., the Court invalidated certain procedural requirements of the Special Marriage Act, 1954, for infringing upon privacy rights, highlighting the ongoing evolution of judicial interpretation in relation to personal freedoms.

Indian Secularism, Constitution, and the Essentiality Test

Indian secularism walks a different path than the Western models do. it actively protects minority rights and cultures. It tries to prevent the excesses of any one religious belief, especially Hinduism, from stepping over others with its beliefs. The "essentiality test," established in the Shirur Mutt case, is used by the Supreme Court to determine which practices are fundamental to a religion and thus protected under Article 25 of the Constitution. Some believe that this test has created unpredictable outcomes and could, therefore, also operate to the disadvantage of religious freedom.

In the case of Faruqui vs. State of Uttar Pradesh, (2010) 8 SCC 642 and also with reference to Tandava Dance, the very conservative application of this test may work as a stopper for religious reformation and may uphold old thinking with respect to essential practices.

The Politics of Religion, Denial of Individual Choice, and Social Instability

Anti-conversion laws hamper religious freedom. They can deprive a person of his right to personal decisions about changing religion. In Rev. Stainislaus vs. State of Madhya Pradesh, (1977) 1 SCC 677, the Supreme Court upheld the constitutional validity of these laws from Madhya Pradesh & Orissa though the Orissa HC had ruled otherwise. This decision highlights the tension between the state’s role in restricting personal choice and the principle that religion should be a matter of individual belief without state interference.

The restrictive interpretation was criticised, critics point out it undermines the way minority communities are supposed to be treated under law. Focusing only on propagating religion and not allowing conversions sometimes makes the term "propagate" a bit meaningless. We need to get a real understanding that fits what our Constitution intended while protecting rights for those who want to convert.

Inheritance rights

This examination is crucial for understanding how shifts in religious identity impact legal entitlements and personal status within different religious frameworks.

Inheritance Rights Under Hindu Succession Act, 1956: The Hindu Succession Act is a legislation containing rules relating to the inheritance of property by Hindus, Sikhs, Buddhists, and Jains. It does not totally bar those who have converted, claiming entitlement to the property through law. Section 26 of the act lays down that the descendants born after the conversion can not claim their right to inherit the property of the Hindu relative. It means that though the person who converts their religion are not disqualified but their descendants are, which leads to potential dispute among the family members.

Succession Under Muhammadan Law: Muslim personal law (shariat) application act 1937, deals with personal laws including the inheritance rights of Muslims is not codified in matters of inheritance, unlike Hindu personal law, it cannot deprive a person of their property rights that are inherited by birth.

Effect on Maintenance Rights: Conversion also impacts maintenance rights. Under the Hindu Adoptions and Maintenance Act, 1956, a convert may lose the right to maintenance unless the conversion is mutual or acknowledged under specific conditions. Conversely, Hindu women who convert are entitled to maintenance if their Hindu husbands convert. In Islamic law, conversion by a spouse typically results in forfeiture of maintenance rights, although wives can claim maintenance during the iddat period if their husbands renounce Islam.

Law in Other Countries

Globally, various countries maintain different types of anti-conversion laws. These include anti-preach laws, interfaith marriage laws, apostasy laws, and identity documentation laws. Research indicates that 46 countries have at least one type of anti-conversion law, with a total of 73 laws across these nations. These laws vary in their scope and impact, reflecting diverse approaches to managing religious conversions and preaching.

This literature review synthesises the provided content without adding external information, focusing on the historical and legal context of anti-conversion laws, their impact on individual rights, and the broader implications of these regulations.

Methodology

The methodology of this research includes a detailed analysis of legal texts, court rulings, and legislative developments related to anti-conversion laws. Key legal cases are examined to understand their impact on individual rights and the constitutional framework.

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021

The Supreme Court has raised concerns about certain provisions of the Uttar Pradesh anti-conversion law potentially violating fundamental rights under Article 25. The Allahabad High Court has observed that the law extends to marriages and live-in relationships, further complicating its application.

Madhya Pradesh Act

The Supreme Court has noted that not all religious conversions can be deemed illegal under the Madhya Pradesh Act. Section 10(2) of the Act requires religious leaders to notify the district magistrate 60 days prior to the conversion, with penalties for non-compliance. This provision reflects the state’s approach to regulating conversions and its potential impact on individual freedoms.

Key Legal Cases

Shafina Hadiya vs. Ashokan K.M AIR 2018 SC 1136: The Supreme Court upheld the principle that adults have the fundamental right to choose their spouse and religion, emphasising the non-intervention of the state in personal decisions.

Lata Singh vs. State of Uttar Pradesh, (2006) 5 SCC 475: This case affirmed the right to marry according to personal preference and deemed external interference a breach of personal freedom.

Research Design

The research is qualitative in nature and focuses on analysis of legal documents, court decisions, and other related studies about anti-conversion laws. It gives an excellent chance to discuss the relationship between these laws and a society and legal dynamism broadly.

Topics covered in the research include secularisation ideals, anti-conversion legislation, and court rulings on an individual's freedom to practise their religion.

Data is acquired by a thorough examination of scholarly articles, court opinions, and legal documents. Legislative records, court rulings, USCIRF reports, and press articles are important sources.

Results

The analysis indicates that anti-conversion laws, primarily aimed at preventing forced conversions, entrench critical impacts on individual liberties and secular human rights. A few key findings are that the majority of times, unclear provisions of anti-conversion measures create a vagueness bordering on ambiguity capable of misuse and different interpretations. The vagueness in the definition of coercion and deception makes it even more difficult for the application and enforcement of the two. The legislation put a legal and social block on the couples of different faiths, thus affecting their ability to marry and practise their faith freely. Owing to the very fact that the consent must be sought before and with the burden of proof on the defendants, it creates a climate of fear and distrust. The legislation that has been implemented pertaining to legislation against conversion creates doubts on application to secular principles. These laws could compromise the secular ideals of the Indian Constitution, insofar as they bind state interests with precedence over citizens' freedom.

The findings clearly trace that state interests and individual rights interplay in a very complex manner. Anti-conversion laws contravene individual liberties and secular ideals even as its primary objectives are to ensure public order and prohibit coercion. The study strongly focuses on the need for legal reforms to resolve these crises and ensure a balance between personal freedom and government control.

Discussion

Interpretation

The interpretation suggests that though these laws are enacted for a particular purpose, this purpose may lead to unintended consequences that affect individual freedom and secularism. It means that somewhere these laws create an environment which affects religious practices and personal choice.

Comparison

Comparing the findings with existing literature and judicial precedents reveals that the impact of anti-conversion laws is consistent with concerns raised by critics. Studies and judicial decisions highlight the tension between state interests and individual rights, underscoring the need for a balanced approach to legal regulation.

Implications

The implication of the findings is very useful for Policymakers as well as legal scholars. It seems that the objective of these laws is to prevent any form of forced conversion, it may also curtail certain personal liberties and values of secularism. While making policies leaders must think hard that the legal frameworks created do not curtail personal liberties and interests in the process of respecting state interests.

Limitations

One drawback of the study is that it uses secondary sources and case law, and they may not exactly reflect the impact of anti-conversion laws on people's lives beyond the courtroom. Moreover, this research was constrained to legal texts and case law and hence not all perspectives are represented by it. Other studies, therefore, should look at the lived realities of the persons affected by such legislation as well as their wider societal consequences.

Conclusion

Summary

In summary, anti-conversion laws in India meant to prevent forced conversions and maintain public order also pose serious concerns about personal freedom and secularism. There are many fears generated by such legislation particularly targeting interfaith marriages or religious practices. Judicial precedents and legislative provisions reflect a balance between public interest, personal rights thereby focusing attention on the need for legal reform.

Recommendations

Recommendations include that to protect individual freedoms and anti-conversion laws are implemented transparently and fairly legal safeguards need to be enhanced. While making rules the policy makers should address the potential misuse and ensure that the laws should respect state interest as well as the personal interest of an individual.

Future Research

Future research can focus on the lived experiences of the impact of anti-conversion laws and the overall social effects of the regulations. Studies should also examine the effectiveness of legal reforms and the potential for striking a balance between state interests and personal freedoms.

Cases