Freedom of Religion in India - Laws Against Conversions

Laws Against Conversions

The Indian Constitution in Article 25 grants to citizens of India of all religious persuasions freedom to profess, practise and propagate their faith in a way that does not disrupt public order and does not affect public health and morality adversely. The Article 25 of the Indian Constitution is a basic human rights guarantee that cannot be subverted or misinterpreted in any manner. It is in this context that the anti-conversion laws in India must be viewed.

Christian faith enjoins its adherents to practice altruistic acts of charity also. The practice of this precept of Christianity is easily misinterpreted by communal forces that are against conversion from one religion to another. Christian missionaries are accused of using inducements such as schooling, money, and even motorcycles and bicycles to lure poor people to the faith.. However, just how many of such instances are proved beyond reasonable doubt is the question. It should be emphasised here that opposition to genuine acts of charity and peaceful propagation of religious belief are in direct contravention of judicial guarantees of freedom of religion (like Article 25 of the Indian Constitution).

Anti-conversion laws are promulgated to supposedly prevent forced or induced conversions. But given the facts described above, anti-conversion laws in India are very controversial and could be taken as being directed largely at one particular religious block, namely Christians, though the actual wording of the laws is very general in scope. Legal experts believe that wilful trespass by missionaries upon the sacred spaces of other faiths can be prosecuted under Section 295A of the Indian Penal Code, and as such there is no need for anti-conversion laws by individual states and they should be repealed.. Even so,arbitrary invocation of Section 295A by communal forces inimical to the freedom granted under Article 25 of the Indian Constitution remains a dangerous possibility.

In a 'rough justice' reaction to supposed induced conversions, 200 tribal Christians in Jharsuguda were 'reconverted' back to Hinduism in Jharsuguda in an event organised by the Vishwa Hindu Parishad (World Hindu Council) with BJP involvement.

A consolidation of various anti-conversion or so-called "Freedom of Religion" Laws has been done by the All Indian Christian Council.

In the past, several Indian states passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. Arunachal Pradesh passed a bill in 1978. In 2003, Gujarat State, after religious riots in 2002 (see 2002 Gujarat violence), passed an anti-conversion bill in 2003.

In July, 2006, the Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one month's notice, or face fines and penalties.

In August, 2006, the Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate.

In February, 2007, Himachal Pradesh became the first Congress Party-ruled state to adopt legislation banning illegal religious conversions.

Most of the anti-conversion laws are brief and leave a lot of ambiguity, which can be misused for inflicting persecution.. The US State Department has claimed that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual and continuous institutionalization of Hindutva.