Date: 30/11/2022

Relevance: GS-2: Functions and responsibilities of the Union and the States; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Key Phrases: Right to Freedom of Religion, right to Convert, Constitutional Provisions, Anti-conversion laws in various states, Observation of the apex court.

Context:

• Recently, the Ministry of Home Affairs told the Supreme Court that Right to Religion does not include Right to Convert, which brought the issue into discussion.

Background

• The right to religion does not include the right to convert other people to a particular religion, especially through fraud, deception, coercion, allurement and other means.
• The Right to Freedom of Religion is guaranteed to all Indians by the Constitution under Articles 25 to 28.
• The Ministry said the word ‘propagate’ in Article 25 (right to freedom of religion) does not include the right to convert.
• It is rather in the nature of a positive right to spread one’s religion by exposition of its tenets.
• The government said, “Fraudulent or induced conversion impinged upon the right to freedom of conscience of an individual apart from hampering public order and, therefore, the state is well within its power to regulate/restrict it”.
• The Centre said that the statutes enacted in the past to curb “the menace of organized, sophisticated large-scale illegal conversion” was upheld by the Supreme Court.

Constitutional Provisions

• Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.
  • These freedoms are subject to public order, health, and morality.
  • The State can make laws that regulate and restrict any financial, economic, political, or other secular activity associated with any religious practice.
• Article 26 provides that every religious denomination has the right to
  • Form and maintain institutions for religious and charitable intents.
  • Manage its own affairs in the matter of religion.
  • Acquire the immovable and movable property.
  • Administer such property according to the law.
• The rights under article 26 are subjected to morality, health, and public order.
• Article 27 says that there could be no taxes, the proceeds of which are directly used for the promotion and/or maintenance of any particular religion/religious denomination.
• Article 28 permits educational institutions that are maintained by religious groups to disseminate religious instruction.

Anti-conversion laws in various states

• The Orissa Freedom of Religion Act, 1967:
  • It is the first such law in the country and prohibits conversion from one religion to the other by “force or inducement or by fraudulent means”.
  • Violations will result in a jail term of one year or a fine of five thousand rupees or both.
• The Arunachal Pradesh Freedom of Religion Act, 1978:
  • The law says that “no person shall convert or attempt to convert any person from one religious faith by the use of force or by inducement or by any fraudulent means”.
  • Violation to be punished by an imprisonment of two years, with a fine of up to ten thousand rupees.
• Gujarat Freedom of Religion Act:
  • The law prescribes punishment of three years for forced conversion, with a fine of up to Rs 50,000.
  • In cases involving a woman, minor, Scheduled Caste (SC)/ Scheduled Tribe (ST), the fine can go up to one lakh rupees.
  • Prior permission from the DM is required and it is a cognizable offense.
• Chhattisgarh Religion Freedom (Amendment) Act, 2006:
  • It provides a three-year jail term and penalty up to Rs. 20,000 or both.
  • The law makes it mandatory for a person who wants to convert to get approval 30 days in advance from the DM.
  • The DM will have the authority to reject or accept the application after examining the case.
• Jharkhand Freedom of Religion Act, 2017:
  • The law mandates Imprisonment of three years and a fine of Rs 50,000 or both and a four-year imprisonment and Rs 1 lakh fine, or both, if the person converted is a minor, woman or a member of SC or ST.
  • The offenses are non-bailable.
• Uttarakhand Freedom of Religious Act, 2018:
  • The Act says that “no person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet or conspire such conversion”.
• Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act:
  • Those seeking to convert and those performing the conversion need to submit a declaration of the proposed religious conversion to the DM two months and one month in advance, respectively.
  • The DM must conduct a police inquiry into the “intention, purpose, and cause of the proposed conversion.”
• The Madhya Pradesh Freedom of Religion Bill:
  • It prohibits conversion of religion through “coercion, force, misrepresentation, undue influence, and allurement” as well as fraud, or marriage and prohibits a person from “abetting, and conspiring” to such conversions.
  • It has the provision to declare such conversions “null and void”.
• The Karnataka Protection of Right to Freedom of Religion Act:
  • The law prohibits forced religious conversion but also specifies the procedure for undertaking a religious conversion.
  • No person to force someone to convert through “misrepresentation, coercion, and allurement”.
• The Haryana Prevention of Unlawful Conversion of Religion Act:
  • It provides for punishment of one to five years and a fine of Rs 1 lakh for conversion done by “allurement, use of force, coercion or fraudulent means, including the use of digital mode”.
  • The offenses are cognizable and non-bailable.

Observation of the apex court

• The Supreme court observed that fraudulent religious conversions “ultimately affect the security of the nation and freedom of religion and conscience of citizens”.
• It had asked the Centre to “step in” and clarify in an affidavit what it intended to do to curb compulsory or deceitful religious conversions.
• The bench said that there may be freedom of religion but there may not be freedom of religion by forced conversion. This is a very serious issue.
• Everybody has the right to choose their religion, but not by forced conversion or by giving temptation.

Way Forward

• Right to freedom of religion as enshrined in our constitution comes with reasonable restrictions such as Morality, Public Order and Health.
• Thus, the State as a guardian of its citizens has the power to facilitate as well as regulate the religious practices except the essential religious practices.
• Awareness and training should be extended to enforcement agencies to avoid possible misuse and unlawful targeting of citizens.

Source: The Hindu

Mains Question:

Q. In the light of anti-conversion laws passed by various states in India, discuss the challenges associated with right to freedom of religion as enshrined in our constitution. (150 Words).