Following the arrest of Christian nuns in Chhattisgarh, there have been extensive discussions about religious freedom and forced religious conversion laws. It is ironic for those with historical awareness to see the Congress and BJP parties vying to escape responsibility for introducing these "black laws" by blaming each other. In this context, this article aims to provide a comprehensive study of anti-conversion laws in India.
For a long time, India's anti-conversion laws, known as Freedom of Religion Acts, have sparked major debates regarding the limits of religious freedom and public order. According to Article 25 of the Indian Constitution, individuals have the right to profess, practice, and propagate their religion.
Anti-conversion laws in India have been a topic of discussion for a long time. These laws involve several dimensions related to constitutional rights, individual freedom, and social harmony.
Background
Anti-conversion laws in India have a long history. During the British rule, religious conversion was a major social issue. The British government believed that the influence of religious conversions could lead to social conflicts. Therefore, the British government introduced some laws to control them.
After independence, although the Indian Constitution guaranteed religious freedom, some states passed anti-conversion laws. The first law was the Orissa Freedom of Religion Act, 1967, passed by Orissa in 1967. This law prohibited religious conversions by force, fraud, or inducement.
Later, states such as Madhya Pradesh, Arunachal Pradesh, Tamil Nadu, Gujarat, Himachal Pradesh, and Uttarakhand also passed similar laws.
Constitutional Context
Article 25 of the Indian Constitution guarantees religious freedom to all citizens. According to this article, every individual has the right to believe, practice, and propagate the religion of their choice. However, this right is subject to "public order, morality, and health." Therefore, states have the constitutional authority to introduce laws to control religious conversions under the clause of establishing domestic peace. Many states are using this constitutional exemption to implement anti-conversion laws that hinder religious freedom.
Some argue that these laws often contradict Article 25. However, in the 1977 case of Rev. Stanislaus vs. State of Madhya Pradesh, the Supreme Court ruled that the government has the right to control religious conversions by force or fraud. In this case, the court clarified that forced conversion does not fall under the purview of religious freedom.
Historical Origins
Even before independence, some princely states (e.g., Udaipur, Bikaner, Kalahandi) had introduced laws to control the conversions made by Christian missionaries. After independence, state governments led by both Congress and non-Congress parties started enacting such laws. Some examples are:
• Odisha (1967): The Odisha Freedom of Religion Act, 1967, was introduced by Chief Minister Rajendra Narayan Singh Deo (Swatantra Party).
• Madhya Pradesh (1968): The Madhya Pradesh Dharma Swatantraya Adhiniyam was presented by Dwarka Prasad Mishra (Congress). After his resignation, the bill was passed the same year under Chief Minister Govind Singh Narayan Singh (Samyukta Vidhayak Dal).
Both of the above laws made religious conversions by force, allurement, or fraud a criminal offense. In 1978, the Janata Party government brought a similar law in Arunachal Pradesh. Later, BJP-led states introduced even stricter laws.
• Himachal Pradesh Freedom of Religion Act: The first law was introduced in 2006 when Virbhadra Singh (Indian National Congress) was the Chief Minister. Later, in 2019, a new law with more stringent amendments was passed when Jai Ram Thakur (BJP) was the Chief Minister. In 2022, the BJP government under Jai Ram Thakur introduced amendments to further strengthen the law.
• Arunachal Pradesh Freedom of Religion Act: This law was passed in 1978 by the Janata Party government under then Chief Minister Prem Khandu Thungan. Though passed, it was not implemented for decades. Later, in 2024, following a directive from the Gauhati High Court, the current BJP government under Chief Minister Pema Khandu began steps to enforce this law.
• Gujarat Freedom of Religion Act, 2003: This law was introduced and passed by the Bharatiya Janata Party (BJP) government under then Chief Minister Narendra Modi.
• Uttarakhand (2018), Uttar Pradesh (2020), and Karnataka (2021): These states implemented laws to prevent conversions through marriage and made it mandatory to give prior notice to the district magistrate.
The Karnataka Protection of Right to Freedom of Religion Act, 2021, was introduced by the BJP government under then Chief Minister Basavaraj Bommai. However, the subsequent Congress government, under Chief Minister Siddaramaiah, announced its repeal in 2023.
Similarly, in Tamil Nadu, the AIADMK passed a similar law but later repealed it due to opposition from Christians.
Supreme Court Rulings
In the Rev. Stanislaus vs. State of Madhya Pradesh (1977) case, the Supreme Court clarified that the right to propagate religion does not include the right to force others to convert through coercion, fraud, or allurement. The court thus upheld the constitutional validity of the states' anti-conversion laws.
Political Responsibility
It is clear that the Congress party initiated these laws, but the BJP followed their policy and introduced new laws with more stringent clauses. Both parties have used this law as a political tool. This is evident as both the Congress and BJP have acted as proponents of Hindutva or "soft Hindutva" policies that aid vote-bank politics in North India. The door for these laws was opened under the Congress leadership. It was during their rule that a path was cleared for restrictions in the name of "public order," overriding the constitutional guarantees of religious freedom. The fact is that certain state units of the Congress party, which granted the constitutional right to religious freedom, brought in unnecessary restrictions as part of vote-bank politics. This, in turn, helped the subsequent BJP governments to make these laws more stringent.
When the BJP came to power in various states, they also used the connection between marriage and religious conversion as a political campaign tool. It is clear that both parties have used this as a political weapon. Congress created the initial framework for the laws, and when the BJP came to power, they used it as a guide and a campaign tool.
Controversies and Criticisms
Anti-conversion laws have often faced significant criticism. Critics argue that these laws infringe upon an individual's religious freedom and foster communalism in society. They also point out the potential for these laws to be misused. Some argue that these laws are being used to control relationships and marriages.
On the other hand, supporters of these laws argue that they are necessary to maintain social harmony and peace. They say that preventing conversions by force and fraud helps protect religious freedom.
In conclusion, anti-conversion laws in India are a complex issue related to constitutional rights. There are various opinions and perspectives on this topic.
Problems arise when these laws are used with malicious intent. The practice of adding unnecessary clauses to these laws and filing cases, when the constitution grants an individual the freedom to adopt the religion of their choice, must be stopped immediately. It is essential that political parties stop using this law for political gain and instead see it only as a legal tool.