Introduction

India’s Freedom of Religion Acts or “anti-conversion” are enacted to regulate religious

conversions by the state government in their respective states. All of the laws seek to prevent
any person from converting or attempting to convert, either directly or otherwise, another
person through “forcible” or “fraudulent” means, or by “allurement” or “inducement.”
Penalties for breaking the laws can vary from imprisonment to fines, depending upon the
nature and intensity of the crime committed. Some statutes provide for harsher punishment if
women, children, or members of scheduled castes or scheduled tribes were being converted.
Even though these laws are heavily criticized but it is also acknowledged that there is a low
rate of conviction and arrest under these laws. But these laws often result in creating chaos in
society and on violent occasions act as a trigger point and are against the concept of
secularism. It can be observed that anti-conversion laws are not something new, they have
been way before India got independent. Religious conversions have been debatable since
time immemorial but it has gained significance in modern-day context when religion is
getting more and more complex and politicized and mired in the lives of people and also in
the policy-making process of nations. Laws like anti-conversion laws were first initiated in
the 1960s after a failed attempt to implement them at the central level.
History of anti-conversion laws
India consists of many kinds of religions like muslim, sikhs, buddhist, jain, hindu, and
Zoroastrians. Laws relating to the regulation of religious conversions were first introduced by
Hindu princely states during the colonial period, mainly during the latter half of the 1930s
and 1940s.1 these states enabled the laws” in an attempt to preserve Hindu religious identity
in the face of British missionaries.”2 Some laws from the colonial period include the Raigarh
state conversion act, 1936; the Surguja state apostasy act, 1942; and the Udaipur state anti-
conversion act, 1946.
The first bill introduced was the Indian Conversion (regulation and registration) bill in 1954.
Its major focus was the ‘licensing of missionaries and the registration of the conversion with
government officials3. The bill was not supported by the majority and hence failed. This
followed the introduction of the backward communities. However, the implementation of the
anti-conversion bill has been criticized because it is a ‘purely state subject’.
Anti-conversion law: A cause of death of secularism.
If a recent example has to be cited, recently Karnataka’s anti-conversion bill was cleared by
the state assembly. The Karnataka bill is much inspired by the judgment in Stanislaus. In Rev
Stainislaus v. state of Madhya Pradesh examined whether the right to practice and propagate
also includes right to convert. The court upheld the validity of the earlist anti-conversion
statutes: the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1986, and the Orissa
Freedom of Religion Act, 1967. It was held that, ‘It has to be remembered that Article 25(1)
guarantees “freedom of conscience” to every citizen, and not merely to the followers of one
1
Jennifer R. Coleman, Authoring (In)Authenticity, Regulating Religious Tolerance: The Legal and Political Implications of Anti-
Conversion Legislation for Indian Secularism 23 (Paper Presented to Penn Program on Democracy, Citizenship, and Constitutionalism
Graduate Workshop, Sept. 13, 2007–08)
2
James, supra note 3.
3
Dr. Iqtidar Karamat Cheema, U.S. Commission on International Religious Freedom, Constitutional and Legal Challenges Faced by
Religious Minorities in India 4 (Feb. 2017), https://www.uscirf.gov/sites/ default/files/Constitutional and Legal Challenges Faced by
Religious Minorities in India.pdf.
specific religion, and that, in turn, postulates that there is no fundamental right to convert
another person to one’s own religion because if a person purposely undertakes the conversion
of another person to his religion, as distinguished from his effort to spread the tenets of his
religion, that would impinge on the “freedom of conscience” guaranteed to all the citizens of
the country alike…... It has to be appreciated that the freedom of religion enshrined in the
Article [25] is not guaranteed in respect of one religion only, but covers all religions alike,
and it can be properly enjoyed by a person if he exercises his right in a manner commensurate
with the like freedom of persons following the other religions. What is freedom for one is
freedom for the other, in equal measure, and there can therefore be no such thing as a
fundamental right to convert any person to one’s own religion4.
The Court also ruled that the statutes "clearly provide for the protection of public order for, if
the forceful conversion had not been outlawed, that would have generated public disturbance
in the States," and that "the right is subject to public order" as stated in article 25(1). The term
"public order" has many meanings. On the face of it, these laws seem to be the use of force in
order to maintain harmony and peace in society but it is aimed at strengthening brute
majoritarian beliefs. The draft law criminalizes conversion secured either by misrepresentation,
force, undue influence, coercion, or allurement or by any other fraudulent means or “by the
promise of marriage.” 5it defines allurement as something that can induce the person to deviate
from his will. for example, free education, a better lifestyle, etc can be used to entice a person.
The law mandates that there should be a mandatory grant by the district magistrate to a person
who is willing to convert his/her religion. This provision in itself is a violation of the right to
privacy, which is considered a fundamental right. The bill altogether prohibits conversion made
for the purpose of marriage. The bill’s provision defines various prohibitions in vague language,
this is one of the most damaging points.
There are several precedents for the notion that religious proselytizers shouldn't seduce
people into joining their religion. But what keeps giving it validity is the Stanislaus’s
judgement. The sole distinction, in this case, is that the Karnataka bill adds a number of
murky conditions to the definitions provided by the MP and Orissa statutes, making them
even more ambiguous.
IMPLEMENTATION AND ENFORCEMENT OF THE ANTI-CONVERSION LAWS
(A) Human rights violations
Human rights groups and institutions have expressed concerns over these state anti-
conversion laws' potential effects on human rights and the lack of a just resolution over
time. These laws, which are based on worries about unethical conversion practises,
generally call for government officials to evaluate the legality of conversions out of
Hinduism only and offer fines and prison terms for anyone who uses force, fraud, or
'inducement' to convert another, according to the US Commission on International
Religious Freedom (USCIRF).6 Although India emphasizes "complete legal equality" and
forbids discrimination based on religion, according to a report published by the USCIRF,
"there are constitutional provisions, State and national laws that do not confer with
4
SHARMA, DIXIT, P., 2021. AN ANALYSIS OF STATE ANTI-CONVERSION LAWS IN INDIA. INTERNATIONAL JOURNAL
OF LAW MANAGEMENT & HUMANITIES, 4(3).
5
https://www.theindiaforum.in/article/india-s-anti-conversion-laws-death-secularism. 2022. [online] Available at:
<https://www.theindiaforum.in/article/india-s-anti-conversion-laws-death-secularism> [Accessed 2 October 2022].
6
USCIRF, Annual Report 2016: India 162.
 international standards of freedom of religion or belief, including Article 18 of the UN
Declaration of Human Rights and Article 18 of the International Covenant on Civil and
Political Rights." The anti-conversion laws, by their design and application, violate
people's rights to convert, favor Hinduism over minority religions, and pose a serious
threat to Indian secularism, according to the research. Furthermore, "inequitable
behaviour against minorities" have been brought about by these legislations7.
(B) Convictions
Asma Jahangir, the UN Special Reporter on Freedom of Religion or Belief, noted in her
report on India in 2011 that: ‘Even in the Indian states which have adopted laws on
religious conversion there seem to be only few—if any—convictions for conversion by
the use of force, inducement, or fraudulent means. In Orissa, for example, not a single
violation over the past ten years of the Orissa Freedom of Religion Act 1967 could be
cited by district officials and senior officials in the State Secretariat.’8

DEMERITS OF THE ANTI-CONVERSION LAW

(A) Incidents of communal violence
Because these "anti-conversion" laws do not need any proof to support claims of crime,
several observers have highlighted that they create a hostile, confrontational, and
occasionally violent atmosphere for religiously minor populations. Religious minorities in
India have repeatedly been found to be the targets of religiously motivated violence, despite
the country's rich heritage and legal system supporting freedom of conscience and the ability
to proclaim, practice, and spread one's choice of faith.
According to Human Rights groups, in 2015 over 160 incidents were reported where
Christians were targeted for their faith, with the highest number of incidents coming from
Madhya Pradesh, followed by Tamil Nadu, Uttar Pradesh and Chhattisgarh. The cases
included physical assault, threats and intimidation. In some cases, women reported being
sexually assaulted and harassed9.
In its annual report for 2015, the United States Commission on International Religious
Freedom (USCIRF) noted that since the 2014 general elections, religiously minor
communities have been subjected to ‘derogatory comments by politicians linked to the ruling
government’ and ‘numerous violent attacks and forced conversions by Hindu Nationalist
Groups such as Rashtriya Swayamsevak Sangh (RSS) and the Vishva Hindu Parishad
(VHP).10
(B) In conflict with various judgements and The Special Marriage Act
The supreme court in landmark judgments of Lily Thomas v. Union of India11 and Sarla
Mudgal v. Union of India12 that religious conversion without a bona fide beliefs and
solely for the purpose of gaining some legal benefits are illegal in nature. These cases
concerned religious conversion by hindu men to islam in order to conclude bigamous
marriages. The special marriage act permits interfaith marriage, which is a legal right and
no state government can meddle in this right. The act of converting purely for the purpose

7
Karamat Cheema, USCIRF, supra note 6, at 11.
8
UN Human Rights Council, Report of the Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir: addendum : mission to
India, 26 January 2009, A/HRC/10/8/Add.3, http://www.refworld.org/docid/498ae8032.html, accessed 2 October 2022.
9
Data collated from cowever, section 26(3) of the CC www.SpeakOutAgainstHate.Org
10
https://www.uscirf.gov/sites/default/files/India%202015.pdf.
11
2000 (6) SCC 224
12
1995 (3) SCC 635
 of marriage to get around the Special Marriage Act offers obvious legal advantages and
could be overturned by the ruling in Lily Thomas and Sarla Mudgal.

CONCLUSION
A thorough study and review of the Act largely demonstrates that these measures are far
from promoting and preserving religious freedom and its adherents, and instead have worked
to weaken the guarantees of freedom of religion in India and throughout the world.
The anti-conversion laws, which are primarily inspired by religious ideas, fall short of the
exact goal for which they were approved. Instead, they provide polarising elements in the
country a chance to attack minority groups' rights, which are guaranteed by the constitution,
and they seriously endanger the freedom of religion to be practiced and spread.
In order to protect India's reputation for tolerance and communal peace, as well as to
establish a dangerous precedent for other countries in the region and scope of religious
freedom, India's legislature and the international community must fight toward the abrogation
or overturning of such legislation.

Bibliography
timesofindia.indiatimes.com/india/explained-history-of-anti-conversion-laws-of-india/articleshow/
79472537.cms?from=mdr

www.loc.gov/law/help/anti-conversion-laws/india-anti-conversion-laws.pdf

timesofindia.indiatimes.com/india/explained-history-of-anti-conversion-laws-of-india/articleshow/
79472537.cms?from=mdr

www.lausanne.org/docs/LGA/Lausanne-Global-Analysis-2016-05.pdf