What is anti-conversion law? What is the need for this law? What are the issues associated with anti-conversion laws? Read further to know more.
Anti-conversion laws passed in a number of states are being scrutinised because of their ambiguity and the absence of strong justifications for them.
The Indian constitution’s guarantee of fundamental rights is seriously threatened by the vague terms used in them.
People convert to a different religion for various reasons, including active conversion by free choice due to a change in beliefs, secondary conversion, deathbed conversion, conversion for convenience, marital conversion, and forced conversion.
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Anti-conversion laws refer to laws that are designed to prevent or prohibit the conversion of one religion to another. These laws may be used to prevent individuals from leaving a particular religion or to prevent religious groups from proselytizing or recruiting members from other religious groups.
The specific provisions of anti-conversion laws vary from place to place and may be enforced through criminal or civil penalties. In some cases, anticonversion laws are used to protect the dominant religion in a particular society or to suppress minority religions.
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Some people believe that anti-conversion laws violate the right to freedom of religion, which is protected by international human rights laws.
There are a variety of reasons why some people or organizations may advocate for anti-conversion laws. Some people believe that these laws are necessary to protect the cultural and social cohesion of a particular community or society.
They may argue that conversion from one religion to another can create conflicts and divisions within a community and that anticonversion laws are needed to prevent such conflicts. Others may view anti-conversion laws as a way to protect the traditions and beliefs of a particular religion and to prevent the erosion of its influence or power.
Some argue that anti-conversion laws are necessary to protect individuals from being coerced or deceived into converting to a different religion. They may claim that some religious groups use manipulative or unethical tactics to recruit members and that anticonversion laws are needed to prevent such abuse.
No Right to Evangelize: According to the Constitution, every person has the fundamental right to profess, practise, and spread their religion. A collective right to proselytise cannot be derived from an individual’s freedom of conscience and religion. Because both the person seeking to be converted and the person who is converting have a right to religious freedom.
Fraudulent Marriages: In the recent past, there have been several instances where people have forced someone to convert to their religion after they have been married to someone of a different religion by either lying about or hiding their religion.
SC Observations: Recently, the Supreme Court also gave these occurrences judicial notice. According to the court, such incidents not only violate the converted individuals’ right to freedom of religion but also work to undermine the secular foundation of our society.
It’s important to note that many people disagree with the need for anticonversion laws, and believe that the right to freedom of religion should be protected at all times. They argue that individuals should be free to choose their religion without interference or coercion and that anticonversion laws can be used to suppress minority religions and undermine the right to freedom of religion.
Several anti-conversion laws in India regulate the conversion of one religion to another. These laws vary from state to state, and the specific provisions of the laws can differ significantly.
Constitutional Provision: Article 25 of the Indian Constitution guarantees the freedom to practise, profess, and propagate any religion. It also grants all religious groups the right to control their religious affairs, subject to public morality, health, and order.
Existing Laws: Religious conversions have not been subject to any national restrictions or regulations. Private Member Bills to control religious conversions, however, have repeatedly been introduced in the Parliament since 1954 (but never passed by it).
Additionally, the Union Law Ministry stated in 2015 that Parliament lacks the legislative authority to enact legislation prohibiting conversion. Several states have passed “Freedom of Religion” laws over the years to prohibit forced, fraudulent, or coerced conversions to another religion.
In general, however, anti-conversion laws in India require that individuals seeking to convert to another religion must obtain permission from the government before doing so. Some states have more stringent anticonversion laws than others, and some states have provisions that specifically target certain religious groups or activities.
In recent years, there has been significant controversy and debate over the use of anti-conversion laws in India. Some people argue that these laws are necessary to protect the cultural and social cohesion of the country, while others believe that they are used to suppress minority religions and violate the right to freedom of religion.
The Supreme Court of India has ruled that anti-conversion laws are constitutional as long as they are not used to interfere with an individual’s right to freedom of religion. However, there have been cases in which these laws have been used to target and persecute minority religious groups.
There are several issues associated with anticonversion laws that have been the subject of debate and controversy. Some of the main issues include:
There have been several judgments by the Supreme Court of India on marriage and conversion. Here are a few examples:
It’s important to note that these are just a few examples of Supreme Court judgments on marriage and conversion. There have been many other cases that have dealt with these issues, and the specific provisions of these judgments may vary.
It is a complex issue with multiple perspectives on the matter, however here are a few ways in which the current situation with the anticonversion laws in India could be addressed moving forward:
Ultimately, the way forward for anti-conversion laws in India would require a comprehensive approach that balances the right to freedom of religion and the protection of the cultural and social cohesion of the country.