ANTI CONVERSION LAWS AND FREEDOM OF RELIGION: BALANCING RIGHTS AND RESTRICTIONS

ABSTRACT:

Throughout the world, every individual strives to prevent the forced religious conversions in order to preserve their culture, maintain the public order for which Anti-Conversion Laws were implemented. However, these laws created a debate regarding their impact on the Freedom of Religion and Human Rights as every individual has a right to practice any religion without any interruption.

This Blog delves into explaining all the legal implications that structured these laws and the implementation of various treaties like UDHR, ICCPR etc. and origin and evolution of these laws and even provides a comparative analysis through case studies of several countries where somehow these laws have created a impact on the religious beliefs and society as a whole.

It even presents certain arguments that totally explain the debate on these Anti-Conversion Laws and also explains the various landmark judgements where Anti-Conversion Laws have come into Picture.

Finally, this Blog tries to explain the above-mentioned conflicting interests and their implications and also ensures that Anti-Conversion Laws in anyway is not a instrument of Oppression but rather it is effortlessly trying to protect right to freedom of religion and beliefs of an individual.

INTRODUCTION:

Anti-conversion Laws and Freedom of Religion represents a debate regarding the Human rights, society norms and Legal Framework. Basically, these laws aim to prevent the fraud or forcible or coerced religious conversions and to protect the religious autonomy of the individual.

The issue arises because these laws prevent any forced or coercive conversions in an attempt to protect individuals from exploitation and maintain harmonious relationships. However, these laws violate the individual’s right to freedom of religion by restricting these religious groups or individuals’ ability to practice their religion freely.

The challenge lies in striking an appropriate balance between protecting individual autonomy and preventing exploitation. Effective legislation must distinguish between genuine conversions based on personal conviction and those resulting from undue influence or coercion. This requires careful drafting of laws and their judicious implementation. Moreover, this issue extends beyond the legal framework to the society dynamics where such conversions can be source of tension because of the shift and change in the cultural identity of the individual. Therefore, creating a balance between these conflicting interests is great option.

Ultimately, to address this Conversion issue, a multilateral approach should be implemented as in by ensuring equal rights for all religious communities, and fostering an environment of mutual respect and understanding and even enforcing laws to protect the individual’s rights at the global world. By taking such measures, the society can work towards safeguarding the freedom of the individuals and maintaining that required balance.

HISTORICAL BACKGROUND:

In the Ancient Era, the Concept of Religion was very prevalent in the States, as the prominent rulers would Claim the Divine Right or the Religious Authority. Basically, during this time, the Rulers had the right to determine the religion of their territories and implement that religion only like The Roman Empire initially persecuted Christians but later adopted Christianity as the state religion, leading to suppression of other faiths. Later, when religious tolerance and individual rights gained widespread international support, people were guaranteed the freedom to practice their religion with restrictions placed on conversion in order to protect the culture in question. This is when the first anti-conversion laws of the modern era were introduced.

In Indian perspective, the conflict have a long history of religious diversity in the country, that helped in shaping India’s approach to religious freedom and conversion. In modern India, the concept of religious freedom was prevalent from the colonial period where the Britishers created tension regarding the freedom of religion and conversion. Post-independence, India’s constitution, adopted in 1950, guaranteed the right to freedom of religion under Articles 25-28. This includes the right to practice, profess, and propagate one’s religion. However, the interpretation of “propagate” has been a subject of legal and social debate.

The first anti-conversion law in independent India was passed in Odisha in 1967, followed by Madhya Pradesh in 1968. These laws aimed to prevent conversions by “force, fraud, or

inducement.” Over the years, several other states have enacted similar laws, including Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand.

In 2015, attempts to introduce a national anti-conversion law were met with strong opposition. Some states have strengthened existing laws or introduced new ones. The implementation and impact of these laws have been uneven. While proponents argue they protect religious traditions and prevent exploitation, critics claim they are misused to harass religious minorities and interfere with personal choices. So, this makes this whole interest a very complex issue in India.

LEGAL FRAMEWORK:

The Legal Framework of Anti-Conversion laws is a very debatable topic whether in India or Internationally. Though these laws provide protection against fraud or forced Conversions but have been criticized for violating the religious freedom. These laws aim at preserving religious and cultural identity and preventing exploitation of vulnerable populations.

India’s perspective of Anti-Conversion Law:

 

1. Constitutional provision: Article 25 of the Indian Constitution guarantees the right to Freedom of Religion that include to freely profess, practice, and propagate religion, but is subject to public order, morality, and health.
2. State-level legislations: Several Indian states have enacted anti-conversion laws, including Odisha (1967), Madhya Pradesh (1968), Arunachal Pradesh (1978), Gujarat (2003), Himachal Pradesh (2006), Jharkhand (2017), and Uttar Pradesh (2020). These are primarily state-level legislations as there is no national law governing Religious Conversions.
3. In order to understand the laws, there are certain key provisions:

 

• The laws prohibit Conversions by force, fraud, coercion, or inducement.
• Many states require individuals to give the notification to local authorities before changing their religion.
• Violations can result in fines and imprisonment, with harsher punishments for converting minors, women, or members of Scheduled Castes/Tribes.
• Provisions for Re-Conversion to one’s original Religion

 

It can be concluded that in India, the legal framework of the Anti-Conversion laws represents a interplay between constitutional rights, state powers, and societal concerns.

International Perspective of Anti-Conversion Law:

 

The legal Framework of Anti-Conversion Laws was a controversy internationally as well, particularly in light of human rights standards set by documents like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

The UDHR (1948) and ICCPR (1966) both establish the right to freedom of thought, conscience, and religion. Article 18 of both documents protects an individual’s right to change their religion or belief. This forms the basis for challenging anti-conversion laws. Many countries consider anti-conversion laws, as a state legislation to protect cultural identity, public order and morality but however, often these organisations view such laws as the violation of individual religious freedom.

The ICCPR prohibits Religious Discrimination. Anti-conversion laws that affect religious minority groups or communities may be challenged on these grounds. There is special position called, UN Special Rapporteur on Freedom of Religion or Belief, established in 1986, which regularly reviews and reports on anti-conversion laws, providing recommendations to align national laws with international standards.

However, the Implementation of these laws Internationally is still ongoing process. Comparative Analysis of different countries regarding Anti-Conversion Laws:

This law exists in various forms in different countries:

 

• Sri-Lanka:

Sri Lanka doesn’t have a specific anti-conversion law, but there have been attempts to introduce such legislation. It aimed to prohibit the forcible conversions, however, it faced opposition due to religious freedom.

• Nepal:

In 2015, Nepal’s Constitution Prohibited Conversion and Proselytization (attempting to convert someone from one religion or belief or opinion to another) The country’s criminal code, effective since 2018, criminalizes religious conversion and the “hurting of religious sentiment.” These laws have raised concerns among religious minority groups and human rights organizations.

• Myanmar:
  

Myanmar introduced “Race and Religion Protection Laws” in 2015, which includes restrictions on religious conversion. The law requires individuals seeking to convert to obtain approval from a state-governed body, raising concerns about religious freedom and discrimination against minorities.

• Several Middle Eastern countries also introduced these laws which were helpful to some extent.

ARGUMENTS ON THE ONGOING DEBATE:

Arguments in favour of Anti-Conversion Laws:

 

1. It prevents Forced or Fraudulent or coercive religious conversions.

 

1. It protects the cultural or religious identity of the Individuals or societies.

 

1. Maintains the required Balance in the society regarding the religion.

 

1. Protects the needy sections of the Society from Exploitation.

 

Arguments Against Anti-Conversion Laws:

 

1. It violates the Freedom of Religion and Belief given under Article 25 of the Indian Constitution.
2. Against the Individuals Choice of Faith and Freedom or Beliefs.

 

1. Can become a tool of Discrimination in respect of the Minority Groups.

 

It can be rightfully concluded that the Proponent’s contention regarding Anti-Conversion Laws state that these laws protect the religious freedom by preventing forcible or fraudulent conversions and even protect the vulnerable populations but the Critic’s claim that these Laws violate the fundamental Freedom of Religion and even the individual’s right to choose their choice religion or belief. Sometimes the problem also arises that whether the Conversion is genuine or not, so even any legitimate practice can be misconstrued as a forced Conversion.

Ultimately, Balancing the rights of the individuals and protecting the section of people without infringing the personal freedom is where the main issue collides so, the balance between the rights and restrictions is the need.

LANDMARK JUDGEMENTS OF ANTI-CONVERSION LAWS:

• Rev. Stainislaus v. State of Madhya Pradesh (1977): The Supreme Court upheld the validity of Anti-Conversion Laws in Madhya Pradesh and Orissa and even stated Right to Propagate Religion under Article 25 does not include’s Right to Convert.
• Evangelical Fellowship of India v. State of Himachal Pradesh (2012):

The Himachal Pradesh High Court stated that the provisions related to Conversion were ruled as Unconstitutional.

• Sr. Sephy v. Union Territory of Chandigarh (2018): The High Court of Punjab and Haryana stated that Forced Conversions are considered Illegal and against the principle of Secularism.
• Sarla Mudgal vs. Union of India (1995): The Supreme Court stated that Conversion to Islam for the purpose of Polygamy is not Valid and emphasised on the need of Uniform Civil Code to prevent the misuse of personal laws.

However, it can be concluded that these cases and their judgements have somewhere shaped legal structure of Anti-Conversion Laws in India. These judgements try to affirm that these laws desire to prevent forced or fraudulent means of conversion and to give priority to the Individual’s autonomy.

CONCLUSION:

As discussed above, Anti-Conversion Laws primarily aims at prevention of Forced or fraudulent ways of religious conversion which also infringes the individual’s right to freedom of religion. The exercise of these laws create a debate regarding the individual’s autonomy, social harmony and the concept of secularism as a whole.

Though, the Anti-Conversion Laws maintain the required religious stability and also protects the needy sections of people from any kind of exploitation but, these laws are also open to various consequences like it causes religious tensions, violates the fundamental right to freedom of religion, puts restrictions on individual’s autonomy.

Instead of imposing restrictions, the government should focus on addressing the main root causes for forced conversions such as poverty, lack of education, Discrimination in caste and classes. So, providing equal opportunities to the different religious groups, taking legal action against the genuine coerced or forced cases of conversion, understanding the say of interfaith concepts and to explain that the religious conversion stems from the personal choice of the individual not from coercion or fraud or force would be very essential approach.

Lastly, it can be concluded that the most important thing to achieve is the balance between providing the Rights and restricting them in a way so that a more diverse, tolerant and harmonious world could be created. Moreover, the basic aim is to live in a society where individual has freedom for their beliefs, and without any kind of interference. Only then the individual can exercise the freedom of Religion to its fullest.

Authored by- Shreya Khandkar

REFERENCE:

• “Religious Freedom in India: A Study of Anti-Conversion Laws” by Uday Chandra (International Journal of Constitutional Law)
• Constitutional Provisions and National Laws
• UDHR AND ICCPR, particularly Article 18
• Various High Court and Supreme Court rulings from Manupatra
• Indian Express- analysing the implications and opinions about the Anti-Conversion Laws.