Background: -
Anti-Conversion laws in India have existed for a long time, from the Indian empires of pre-colonial rule to the current, independent India. Though no such provisions are provided in the judiciary of most Western nations, the diverse culture and history of India have made it necessary for India to remain incongruous with the foreign judicial systems.
The earliest law in this regard was the Madras Native Converts' Marriage Dissolution Act of 1850. This law allowed a Hindu who had converted to Christianity to dissolve their marriage under the Christian law, even if their spouse was still a Hindu. However, the law did not allow a Hindu to convert to Christianity to marry again, which was seen as a discriminatory provision.
Laws imposing restrictions on religious conversions were introduced in the late 1930s and 40s during the British colonial period. Such regulations were introduced so as to preserve Hindu religious identity in the face of British missionaries who were involved in mass forced conversion, which was leading to a rise of discontent for the British Government.
In 1935, after the passing of the Government of IndiaActt, many princely states like those of Kota, Bikaner, Jodhpur, Raigarh, Patna, Udaipur, and Kalahandi enacted this law with the aim of preserving Hindu religious identity.
After India finally gained independence, there were several cases of mass conversions being conducted in rural and sub-rural areas. A number of anti-conversion bills were introduced in the Parliament; however, none were enacted and were subjects of debates amongst many political scholars. For example, the Indian Conversion (Regulation and Registration) Bill and the Religious Protection Bill were introduced with the aim of checking Hindu conversions to other religions such as Islam and Christianity.
Recently a statement by the Union law ministry in 2015 clarified that Law-and-Order relating to religious conversions is a State subject. Therefore, a law against fraudulent and forced conversions could not be created at a national level, while this may seem like a sustainable solution; it holds the capacity to create confusion for both the people and the judiciary.
Examples of the Enactment of Anti-Conversion Laws: -
Prominent leaders of the freedom movement like Jawaharlal Nehru and Mahatma Gandhi opposed restrictions such as the Anti-Conversion law, they believed that such laws were a violation of an individual's right to freedom of religion and went against the principles of a democratic and secular India. But, in recent times, many states have enacted these laws to ensure the basic civil rights of an individual are protected.
Gujarat was the first state in India to enact an anti-conversion law in 2003. The Gujarat Freedom of Religion Act prohibits forced conversion through inducement or allurement, and makes it mandatory to seek prior permission from the district magistrate before conversion.
Recently, In November 2020, the anti-conversion law which came into force in the form of an ordinance gave a legal tooth to BJP’s battle against the apparent “Love-Jihad”, a theory claiming that Muslim men are illegally converting Hindu women to Islam. Following the case, the Chief Minister of Uttar Pradesh passed an ordinance proposing a maximum punishment of 10 years for offences relating to “Love-Jihad”. This then, proved to be a turning point in India’s Anti-Conversion Laws.
In Karnataka, in spite of facing strong opposition, the legislative assembly passed the Anti-Conversion law, aimed at preventing all "illegal religious conversions" in the state. Recently, the Government introduced the Protection of Right to Freedom of Religion Bill (2021) in an attempt to reinforce this law. Although the bill had already received approval from the state's Legislative Assembly in December, it faced resistance from the Legislative Council, preventing it from being passed into law.
The enactment of these laws does protect an individual from being coerced into changing their religion, but it also holds the capacity to be misused by law enforcement entities, with there being multiple cases wherein the accused is detained on charges of “forced conversion”, even though the victim has denied such allegations.
Conclusion: -
Anti-Religious Conversion Laws have been in discussion for a long time now, Whether it be during the British colonial era or the more recent "Love-Jihad" controversy, These laws are being said to serve a social purpose as there have been many past cases wherein people have been forced to convert to other religions for fraudulent malpractices. However, these laws can be misused to target religious minorities and curtail the right to freedom of religion. Ultimately, a balance must be struck between protecting individual rights and ensuring communal harmony in a diverse and complex society such as India.