Religious conversion a serious issue | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

The government believes that the right to religion does not permit individuals to convert others through dishonest or coercive methods, as it violates their freedom of conscience and public order, as ruled by the Supreme Court. Therefore, it is justified for the state to regulate or restrict forced conversions.

Need for anti-conversion laws:

• There is a danger of forced conversion.
• Inducement or allurement is also a problem.
• Religious conversion is not a fundamental right.

Other side of the coin

• The Indian Constitution guarantees fundamental rights including the right to freedom, which encompasses the freedom of religion. While religion is an integral part of Indian society, the choice of religion must be left to the individual without restriction or coercion.
• Anti-conversion laws that restrict this freedom of choice would undermine the spirit of the Constitution and the principle of individual freedom. Instead, what is needed is to protect vulnerable sections of society from forced conversions, while also safeguarding their right to change their religion in accordance with their beliefs and circumstances.
• Critics of such laws have pointed out that they have no legal or constitutional basis and go against the guarantees of individual rights enshrined in Article 21 and Article 25 of the Constitution.

Supreme Court's stance

• The Supreme Court of India has affirmed that adults have an absolute right to choose their life partner, which cannot be interfered with by the state or courts.
• In the cases of Lily Thomas and Sarla Mudgal, the court has held that religious conversions done without a bona fide belief and solely for the purpose of obtaining legal benefits are not valid.
• In the Salamat Ansari-Priyanka Kharwar case of 2020, the Allahabad High Court ruled that the right to choose a partner or live with a person of choice is a fundamental right under Article 21 of the Indian Constitution.

Current need

• Uniformity is required in anti-conversion laws as Article 18 of the Universal Declaration on Human Rights guarantees everyone the right to freedom of religion and to change their faith.
• While enacting anti-conversion laws, states must avoid vague or ambiguous provisions that may affect a person's will to convert.
• Provisions for valid steps for conversion by minority community institutions should be included in anti-conversion laws.
• People need to be educated about the provisions and ways of forceful conversions, inducement, allurement, etc.