Recently, the Uttar Pradesh government released figures regarding the Prohibition of Unlawful Conversion of Religion Act amidst an ongoing controversy over the movie “The Kerala Story.” The government reported 427 conversion-related cases between January 1, 2021, and April 30, 2023. This has sparked a debate on the history of anti-conversion laws in India, the current scenario in various states, and the objectives and criticisms associated with such laws. Additionally, the Supreme Court has made significant observations regarding forced religious conversions.
History of Anti-Conversion Law in India
Pre-Independence Era
India has a long history of anti-conversion laws, which can be traced back to the pre-Independence era. While the British did not enact any such laws, many princely states implemented legislation to restrict missionary activity. Examples of such laws include the Raigarh State Conversion Act of 1936, the Patna Freedom of Religion Act of 1942, the Sarguja State Apostasy Act of 1945, and the Udaipur State Anti-Conversion Act of 1946. These laws primarily targeted conversions to Christianity.
Post-Independence Era
After Independence, in 1954, the Indian Conversion (Regulation and Registration) Bill was presented in Parliament. However, it failed to garner enough support. Another law, the Backward Communities (Religious Protection) Bill of 1960, was proposed six years later to prevent conversions, but it also faced a similar fate. Consequently, there is currently no central legislation in India regulating or restricting religious conversions.
Scenario in States
Following Independence, Odisha became the first state to enact a law restricting religious conversions, which later became a model framework for other states. The Odisha Act of 1967 states that no person shall convert anyone from one religious faith to another through force, inducement, or fraudulent means. Subsequently, more than ten Indian states passed laws prohibiting certain means of religious conversions. These states include Arunachal Pradesh, Gujarat, Chhattisgarh, Rajasthan, Himachal Pradesh, Tamil Nadu (later repealed), Jharkhand, Uttarakhand, Uttar Pradesh, Haryana, and Karnataka.
Objectives of Anti-Conversion Laws
The primary objectives of anti-conversion laws are to deter any effort to convert individuals to other religions through allurement, force, or under the pretext of marriage. These laws aim to protect individuals from being coerced or manipulated into changing their religious beliefs.
Criticism of Anti-Conversion Laws
Critics argue that these state laws have a “chilling effect” on the right to profess and propagate one’s religion, as enshrined in Article 25 of the Constitution. They believe that these laws infringe upon the freedom of religion and expression guaranteed by the Constitution.
Supreme Court’s Observations
The Supreme Court has made significant observations on religious conversions. In the case of Rev. Stainislaus vs. State of Madhya Pradesh in the 1960s, then Chief Justice of India A.N. Ray dissected Article 25 of the Constitution and stated that it does not grant the right to convert others but rather the right to spread one’s religion through an exposition of its tenets. The Supreme Court has also emphasized that forced religious conversions are “dangerous” and pose a threat to national security. It has urged the Union government to take necessary measures to prevent such occurrences.
Important Points:
- Uttar Pradesh government released figures: 📊
- 427 conversion-related cases reported between Jan 2021 and Apr 2023
- History of anti-conversion laws:
- Pre-Independence era: ⏳
- Princely states implemented laws to restrict missionary activity
- Examples: Raigarh State Conversion Act, Patna Freedom of Religion Act, Sarguja State Apostasy Act, Udaipur State Anti-Conversion Act
- Post-Independence era: 🇮🇳
- Attempts to pass central legislation failed
- Odisha became the first state to enact a law restricting religious conversions
- Pre-Independence era: ⏳
- Scenario in states: 🏛️
- More than ten states have laws prohibiting certain means of religious conversions
- Examples: Arunachal Pradesh, Gujarat, Chhattisgarh, Rajasthan, Himachal Pradesh, Tamil Nadu (later repealed), Jharkhand, Uttarakhand, Uttar Pradesh, Haryana, Karnataka
- More than ten states have laws prohibiting certain means of religious conversions
- Objectives of anti-conversion laws: 🎯
- Deter conversions through allurement, force, or marriage pretext
- Criticism of anti-conversion laws: 💬
- Chilling effect on the right to profess and propagate religion
- Infringement on freedom of religion and expression (Article 25)
- Supreme Court’s observations: 👨⚖️
- Article 25 doesn’t grant right to convert, but to spread one’s religion
- Forced religious conversions are dangerous and impact national security
- Union government urged to take measures to prevent forced conversions
Why In News
Uttar Pradesh Government Reveals 427 Conversion-Related Cases under Prohibition of Unlawful Conversion of Religion Act Amid Controversy Surrounding ‘The Kerala Story’ Movie.
MCQs about Prohibition of Unlawful Conversion of Religion
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Which Indian state passed the Madhya Pradesh Freedom of Religion Act (MPFRA) with the strictest provisions compared to other laws?
A. Tamil Nadu
B. Gujarat
C. Madhya Pradesh
D. Rajasthan
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Which state became the first to enact a law restricting religious conversions in post-Independence India?
A. Odisha
B. Gujarat
C. Tamil Nadu
D. Uttar Pradesh
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According to the Supreme Court, which article of the Indian Constitution is frequently cited in matters involving religious freedom?
A. Article 14
B. Article 19
C. Article 25
D. Article 29
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