News Highlight
The Supreme Court said that forced religious conversions are “very dangerous” and may “affect the nation’s security and freedom of religion and conscience.”
Key Takeaway
- The Bench was hearing a petition filed by Advocate Ashwini Upadhyay seeking directions to the Centre and states to take stringent steps to check such conversions.
Right to freedom of religion
- The Constitution of India guarantees the right to freedom of religion to individuals and religious groups in India.
- This is enshrined in Articles 25 to 28.
Article 25
- Freedom of conscience and free profess, practice, and propagation of religion.
- Article 25 guarantees the freedom of conscience and the freedom to profess, practice, and propagate religion to all citizens.
- The above freedoms are subject to public order, health, and morality.
Article 26
- Freedom to manage religious affairs
- This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.
- The right to form and maintain institutions for religious and charitable intents.
- The right to manage its own affairs in the matter of religion.
- The right to acquire immovable and movable property.
- The right to administer such property according to the law.
Article 27
- Freedom as to payment of taxes for the promotion of any particular religion
- According to Article 27 of the Constitution, there can be no taxes, the proceeds of which are directly used for the promotion and/or maintenance of any particular religion/religious denomination.
Article 28
- Freedom as to attendance at religious instruction or religious worship in certain educational institutions
- This provides that no religious instruction shall be provided in State-run educational institutions.
Anti-conversion laws
- Anti-conversion laws, or anti-conversion legislations, are laws and rules that restrict or prohibit the conversion of faith (proselytism) from one religion to another.
Data
- Currently, there are more than five states that have Anti-conversion laws.
The rationale behind Anti-conversion laws
- Threats of forceful conversion
- Force does not solely embody physical force to convert a person who belongs to one faith to a different one; however, additionally, it includes mental force like the “threat of divine displeasure”.
- The problem of Inducement or allurement
- Odisha’s anti-conversion law mentions allurement or inducement as an offering of any gift or gratification, either in cash or in-kind, and also includes a grant of any benefit, which is financial or otherwise.
- Religious conversion is not a Fundamental Right.
- Supreme Court in Rev. Stanislaus vs State of Madhya Pradesh (1977) case held that the conversion isn’t a fundamental Right and so could be regulated by the state.
Issues related to Anti-conversion laws
- Violation of the fundamental right
- Constitutionally, one can choose one’s religion or choose none at any point in time in one’s life under Article 25. However, the Constitution doesn’t say one is free to practise only one’s birth religion.
- Violate Right to privacy
- The state of Gujarat intended to bring marriage into the purview of anticonversion laws.
- In Puttaswamy v Union of India (2017), the scope of the right to privacy was dramatically expanded to include the right to make important life decisions such as marriage, choice of food, etc.
- Possibility of honour killings
- Publishing one’s details spread the news to the family and the larger community, leading to the possibility of honour killings.
- More than 350 such killings have taken place over the last six years.
- Affect communal harmony
- These laws increase the potential for social discord and communal divides.
- Contradict with Special Marriage Act
- They oppose the freedoms granted by provisions in the Special Marriage Act.
Way forward
- Marriage is a personal affair
- The right to marry is an individual’s choice, or to choose one’s partner is an aspect of constitutional liberty.
- Conduct a concrete study
- Anti-conversion laws must be backed by a concrete study on the ground reality of such forced conversions.
- Awareness to the people
- People also need to be educated about the provisions and ways of Forceful conversions, Inducement or allurement, etc.
- Avoid any vague or ambiguous provisions.
- State, while enacting anti-conversion laws, should also respect their freedom to get converted and should not put any vague or ambiguous provision for the person who wants to convert of his own will.
Content Source: Indian Express