The Allahabad High Court recently reignited national attention on the issue of religious conversion in India. While addressing a bail plea under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, the court highlighted concerns about demographic shifts and constitutional limitations regarding conversions.
Key Highlights from the Allahabad High Court’s Observation
- The bail application of an individual accused under the UP Anti-Conversion Law was rejected.
- The court clarified that “propagation” under Article 25 of the Indian Constitution does not include the right to convert others.
- It warned that unchecked religious conversions may lead to demographic changes, potentially reducing the majority population to a minority.
- The Court called for an immediate halt to religious congregations where such conversions are allegedly taking place.
- It emphasized that religious conversion violates the spirit of Article 25, which protects religious freedom but not forced or incentivized conversions.
- The court expressed concern over mass conversions among SC/ST communities and economically poor individuals, particularly into Christianity in Uttar Pradesh.
What Is Religious Conversion?
- Religious conversion means voluntarily adopting a religion different from one’s birth or existing faith.
- It can occur due to:
- Change in belief systems
- Interfaith marriages
- Social mobility or caste escape
- Incentives or coercion
- In India, religious conversion is a sensitive issue owing to its links with caste, identity politics, and social stratification.
Freedom of Religion Under the Indian Constitution
The right to religious freedom is guaranteed under Articles 25–28 of the Indian Constitution:
- Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order and morality.
- Article 26: Protects the rights of religious denominations to manage their own affairs.
- Article 27: Prevents the state from compelling citizens to pay taxes for promoting any religion.
- Article 28: Prohibits religious instruction in government-funded educational institutions.
Notably, Article 25 does not include the right to convert others—it protects personal faith, not proselytization through force or fraud.
What Are Anti-Conversion Laws?
- Anti-conversion laws aim to regulate or prohibit conversions that are forcibly induced, fraudulent, or conducted through undue influence.
- Supporters argue these laws are necessary to:
- Prevent social discord
- Safeguard cultural traditions
- Protect vulnerable communities
- Critics, however, see these laws as restrictive to individual choice and religious liberty.
Current Legal Status of Religious Conversion in India
- The Census of India (2011) gives a broad demographic snapshot but does not track individual conversions.
- Approximate religious composition: 79.8% Hindu, 14.2% Muslim, 2.3% Christian, others include Sikhs, Buddhists, Jains, etc.
- Central legislation on religious conversion has not passed, but several states have their own laws.
Anti-Conversion Laws Across Indian States
States with existing anti-conversion legislation include:
- Odisha (1967) – First to pass such a law.
- Madhya Pradesh (1968) – Mandates prior notice to the District Magistrate.
- Chhattisgarh, Gujarat, Rajasthan, Arunachal Pradesh, Himachal Pradesh, Jharkhand, Tamil Nadu, and Uttarakhand have similar laws.
- Uttar Pradesh (2021) and Haryana (2022) introduced recent and stricter regulations.
Uttar Pradesh Anti-Conversion Law: Key Provisions
- Conversion for the purpose of marriage is considered non-bailable.
- The burden of proof lies on the person converting, not the victim.
- Two-month notice must be given to the District Magistrate.
- Marriages based on conversion can be declared void.
Penalties Under the Law:
- 1 to 5 years’ imprisonment with ₹15,000 fine for general violations.
- 3 to 10 years’ imprisonment with ₹25,000 fine if victim is a minor, woman, or belongs to SC/ST.
- Mass conversions can invite 3 to 10 years’ jail and ₹50,000 fine; NGOs involved may lose registration.
Historical Background: Religious Conversion & Legal Resistance
- Several Princely States enacted anti-conversion laws during British rule to protect Hindu identity.
- Post-independence bills like:
- Indian Conversion (Regulation & Registration) Bill, 1954
- Backward Communities (Religious Protection) Bill, 1960
- Freedom of Religion Bill, 1979
…were introduced but never passed due to lack of consensus.
Landmark Supreme Court Judgments on Religious Conversion
- Rev. Stainislaus vs. State of MP (1977)
➤ Upheld anti-conversion laws, stating Article 25 does not include the right to convert others. - Sarla Mudgal Case (1995) and Lilly Thomas Case (2000)
➤ Conversion to Islam to practice polygamy was ruled invalid. - M Chandra vs. M Thangamuthu (2010)
➤ Highlighted the need for clear evidence of conversion and community acceptance. - Graham Staines Case (2011)
➤ Condemned forced or incited conversions. - Puttaswamy (Right to Privacy) Case (2017)
➤ Affirmed the freedom to choose faith as a part of one’s privacy and dignity.
Conclusion: Balancing Faith and Law in a Secular State
India’s pluralistic democracy must protect both freedom of religion and freedom from coercion. While religious conversion remains a constitutional right when voluntary, anti-conversion laws attempt to draw a line between genuine faith and manipulation. The path forward must ensure individual liberty while safeguarding social harmony.
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