Font size:
Print
Religious Conversion
Context:
The Supreme Court ruled that religious conversions motivated solely by the prospect of availing reservation benefits are unconstitutional, labeling such acts a “fraud on the Constitution.”
More on News:
- While affirming the fundamental right to religious freedom under Article 25 of the Constitution, the bench of Justices Pankaj Mithal and R Mahadevan stressed that conversions must stem from genuine belief, not ulterior motives.
- “A true conversion arises from sincere inspiration by the principles and spirituality of a religion. Conversions driven solely by the intent to secure reservation benefits without genuine belief are impermissible,” the court stated.
- The judgment highlighted the detrimental impact of such misuse, noting that granting reservations to individuals without legitimate claims undermines the policy’s purpose of uplifting historically disadvantaged communities.
In India, constitutional and legal provisions related to religious conversion are primarily governed by Article 25 of the Constitution, which guarantees the freedom to profess, practice, and propagate religion. However, it does not explicitly address the right to convert others. The Supreme Court has clarified that while individuals have the freedom of conscience, there is no fundamental right to convert another person to one’s religion, as established in the Rev. Stainislaus vs State of Madhya Pradesh case (1977).
Anti-Conversion Laws in India:
- States with Laws: Enacted in Arunachal Pradesh, Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand.
- Penalties: Punishments can include imprisonment from one to ten years and fines between ₹5,000 to ₹300,000 depending on the circumstances of the conversion, particularly if it involves women, children, or Scheduled Castes/Tribes.
- Notification Requirement: Many laws require individuals intending to convert to notify local authorities, which can lead to investigations and public objections.
Criticism and Human Rights Concerns:
- Critics argue that these laws create a hostile environment for religious minorities and violate international human rights norms by infringing on the freedom of religion and belief.
- Despite their intent to prevent coercion, the broad language of the laws can be misused against voluntary conversions.
