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Tag: RELIGIOUS CONVERSION AND FREEDOM OF RELIGION IN INDIA

RELIGIOUS CONVERSION AND FREEDOM OF RELIGION IN INDIA

Indian constitution in its Part III provides endorsement to freedom of religion in India. This freedom is reserved not just for Indian citizens but is also conferred on anyone who resides in India. It becomes amply clear from the words of Article 25 which states that ā€œSubject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.ā€

Constitutional Provisions on Freedom of Religion
India has no state religion, nor does it patronise any specific religion. Religion is basically a matter of choice, faith or sets of beliefs.
Articles 25 to 28 of the Indian Constitution grant the right to freedom of religion to not onlyĀ individuals but also religious groups in India.
Article 25 (Freedom of conscience and free profession, practice, and propagation of religion):
Article 25 provides the freedom of conscience, and the freedom to profess, practice, andĀ propagate religion to all citizens.
However, these freedoms can be restricted based on public order, health, andĀ morality.
Article 26 (Freedom to manage religious affairs):
The right to form and maintain institutions for religious and charitable intents.
The right to manage its own religious affairs.
The right to own and acquire movable and immovable property.
The right to administer such property in accordance with law.
Article 27 (Freedom from payment of taxes for promotion of any particular religion):
No person shall be forced to pay any taxes, the proceeds of which are specifically used inĀ payment of expenses for the promotion or maintenance of any particular religion orĀ religious denomination.
Article 28 (Freedom to attend religious instructions):
No religious instruction shall be allowed in any educational institution wholly maintainedĀ out of State funds.
This condition shall not apply to an educational institution that is administered by theĀ State but has been established under any endowment or trust that mandates thatĀ religious instruction shall be imparted in such institution.
Individuals attending any educational institution recognized by the State or receiving aidĀ out of State funds shall not be required to take part in any religious instructionā€¦. Read more at: https://www.studyiq.com/articles/religious-conversion-in-india/

What is Religious Conversion?
Religious conversion refers to the process of changing oneā€™s religious beliefs, practices, or affiliations. It involves the adoption of a new religion or a set of beliefs by renouncing oneā€™s previous religion or set of beliefs.

Reasons for Religious Conversion
There are various reasons why people convert their religion:

Personal spiritual growth: People may convert to a new religion because they feel that it resonates with them spiritually and helps them grow as a person.
Marriage: In some cases, people may convert to their spouseā€™s religion to maintain family harmony or to show commitment to their partner.
Social pressure: People may feel pressured to convert to a particular religion in order to fit into a certain social group or community.
Political reasons: Governments or other political entities may incentivize or pressure people to convert to a particular religion in order to further their own agendas.
Religious conflict: People may convert to a new religion in order to escape persecution or discrimination based on their previous religion.
Economic reasons: In some cases, people may convert to a new religion in order to gain access to economic opportunities or resources that are only available to members of that religion.

Has Religious Conversion been mentioned in the Constitution?
The word ā€œconversionā€ has not been explicitly mentioned in the Indian Constitution. However, Article 25 of the Constitution guarantees the freedom of religion to all individuals, including the freedom to ā€œpropagateā€ their religion. The term ā€œpropagateā€ has been interpreted to mean the right to spread or disseminate religious beliefs, and it is often debated whether this includes the right to actively convert others to oneā€™s religion.


Anti-Conversion Laws in India
1. Prior to Indiaā€™s independence, several princely states headed by Hindu royal families enacted laws restricting religious conversions in an attempt to preserve Hindu religious identity in the face of British missionaries.
2. These anti-conversion laws were introduced during the latter half of the 1930s and 1940s and were made to protect the cultural identity of the princely states.
Examples of states that had such laws include Kota, Bikaner, Jodhpur, Raigarh, Patna, Surguja, Udaipur, and Kalahandi, among others.

Post-independence:
No Central Law: Currently, there are no central laws restricting or regulating religious conversions. Following Indiaā€™s independence, Parliament introduced a number of anti-conversion bills, but none were enacted.
State Laws: Over the years, several states enacted ā€œFreedom of Religionā€ legislation to restrict religious conversions carried out by force, fraud, or inducements.
ā€œFreedom of Religion lawsā€ are currently in force in eight states ā€” (i) Odisha (1967), (ii) Madhya Pradesh (1968), (iii) Arunachal Pradesh (1978), (iv) Chhattisgarh (2000 and 2006), (v) Gujarat (2003), (vi) Himachal Pradesh (2006 and 2019), (vii) Jharkhand (2017), and (viii) Uttarakhand (2018).
The laws passed in Himachal Pradesh (2019) and Uttarakhand also declare a marriage to be void if it was solemnised for the sole purpose of conversion, or a conversion was done solely for the purpose of marriage.
In November 2019, citing rising incidents of forced or fraudulent religious conversions, the Uttar Pradesh Law Commission recommended enacting a new law to regulate religious conversions. This led the state government to promulgate the recent Ordinance.

Issues with Anti-Conversion Laws
There are several issues associated with anti-conversion laws including:

Freedom of religion: Anti-conversion laws can be seen as a violation of the right to freedom of religion, which is protected by international human rights laws. These laws can restrict an individualā€™s ability to choose their own religion and can be used to suppress minority religions.
Discrimination: Anti-conversion laws can be used to discriminate against certain religious groups, particularly minority religions. In some cases, these laws have been used to target and persecute minority religious groups.
Coercion and manipulation: Some people argue that anti-conversion laws are necessary to prevent coercion and manipulation in religious conversion. However, others believe that these laws are often used as a pretext to suppress minority religions and restrict the right to freedom of religion.
Social and cultural divisions: Anti-conversion laws can contribute to social and cultural divisions within a community or society, particularly if they are used to protect the dominant religion.
Conflict with other laws: Anti-conversion laws can sometimes conflict with other laws, such as laws that protect freedom of expression or the right to freedom of association.
Effectiveness: Some argue that these laws are not effective in preventing religious conversion, while others believe that they are necessary to protect the cultural and social cohesion of a community or society.