Religious Conversion

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02-Jul-2024

Source: Allahabad High Court

Why in News?

A bench of Justice Rohit Ranjan Agarwal expressed concern that if the process of religious conversion continues, the majority population of the country could become a minority.

The Allahabad High Court made this observation in the case of Kailash v. State of UP.

What is the Background of Kailash v. State of UP Case?

The applicant, Kailash, sought bail in a criminal case under Section 365 IPC & Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.
According to the First Information Report (FIR), Ramphal, brother of the informant Ramkali Prajapati, was taken by Kailash from Hamirpur to Delhi for attending a social gathering and ceremony for well-being.
The applicant promised that Ramphal, who was suffering from mental illness, would be treated and returned to his village within a week.
Ramphal did not return after a week, and the informant did not receive a satisfactory reply from the applicant.
The FIR alleged that many persons from the village were taken to the social gathering and converted to Christianity.
The applicant's counsel argued that Ramphal was not converted to Christianity but merely attended a gathering of Christian faith along with others.
The State argued that such gatherings are being used to convert large numbers of people to Christianity in exchange for money.

What were the Court's Observations?

The court stated that Article 25 of the Constitution of India provides for freedom of conscience and free profession, practice, and propagation of religion, but does not allow for conversion from one faith to another.
The court found serious allegations against the applicant, including taking people to attend religious congregations in New Delhi where they are being converted to Christianity.
The court noted that such religious conversions are against the Constitutional mandate of Article 25.
The court observed that unlawful conversion of people from SC/ST castes and other economically poor persons to Christianity is occurring at a rapid pace throughout Uttar Pradesh.
Based on these considerations, the court concluded that the applicant is not entitled to bail.

What is the Status of Religious Conversion Laws in India ad Globally?

About
- Religious conversion has become a highly debated topic in India, with several states enacting laws to regulate or prohibit certain types of conversions.
Constitutional Provision:
- The Indian Constitution under Article 25 guarantees the freedom to profess, propagate, and practice religion, and allows all religious sections to manage their own affairs in matters of religion, subject to public order, morality, and health.
- However, no person shall force their religious beliefs and consequently, no person should be forced to practice any religion against their wishes.
International Human Rights Standards:
- International human rights law, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), protects the right to freedom of religion or belief. This includes:
  - The right to change one's religion or belief
  - The right to persuade others to convert voluntarily
  - Protection against coerced conversions
- The UN Human Rights Committee affirmed that the freedom to have or adopt a religion of one's choice cannot be limited.
State-Level Anti-Conversion Laws in India
- Arunachal Pradesh: The Arunachal Pradesh Freedom of Religion Act, 1978
  - Prohibits conversion by force, fraud, or inducement
  - Requires notification to authorities for conversion
- Chhattisgarh: The Chhattisgarh Freedom of Religion Act, 1968
  - Prohibits conversion by force, allurement, or fraudulent means
  - Requires notification to district magistrate for conversion
- Gujarat: The Gujarat Freedom of Religion Act, 2003 (amended in 2021)
  - Prohibits forcible conversion and conversion by allurement, fraudulent means, or marriage
  - Includes burden-shifting provisions
  - Requires prior permission for conversion
- Haryana: The Haryana Prevention of Unlawful Conversion of Religion Act, 2022
  - Prohibits conversion by misrepresentation, force, undue influence, coercion, allurement, or fraudulent means
  - Includes provisions against conversions for marriage
  - Requires 30-day prior notice for conversion
- Himachal Pradesh: The Himachal Pradesh Freedom of Religion Act, 2019
  - Prohibits conversion by misrepresentation, force, undue influence, coercion, inducement, or any fraudulent means
  - Includes burden-shifting provisions
  - Requires 30-day prior notice for conversion
- Jharkhand: The Jharkhand Freedom of Religion Act, 2017
  - Prohibits conversion by force, allurement, or fraudulent means
  - Requires notification to authorities for conversion
- Karnataka: The Karnataka Protection of Right to Freedom of Religion Act, 2022
  - Prohibits unlawful conversion by misrepresentation, force, undue influence, coercion, allurement, or fraudulent means
  - Includes burden-shifting provisions
  - Requires 30-day prior notice for conversion
- Madhya Pradesh: The Madhya Pradesh Freedom of Religion Act, 2021
  - Prohibits conversion by misrepresentation, allurement, force, or fraudulent means
  - Includes burden-shifting provisions
  - Requires 60-day prior notice for conversion
- Odisha: The Odisha Freedom of Religion Act, 1967
  - Prohibits conversion by force, fraud, or inducement
  - Requires notification to authorities for conversion
- Rajasthan: The Rajasthan Freedom of Religion Act, 2006 (not enforced due to lack of rules)
  - Prohibits conversion by force, allurement, or fraudulent means
  - Requires notification to authorities for conversion
- Uttarakhand: The Uttarakhand Freedom of Religion Act, 2018
  - Prohibits conversion by misrepresentation, force, fraud, undue influence, coercion, allurement, or marriage
  - Includes burden-shifting provisions
  - Requires one-month prior declaration for conversion
- Uttar Pradesh: The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021
  - Prohibits conversion by misrepresentation, force, undue influence, coercion, allurement, or fraudulent means
  - Includes provisions against conversions for marriage
  - Requires 60-day prior notice for conversion
Global Perspective on Religious Conversion Laws
- Pakistan: The Pakistan Penal Code prohibits forced conversion of minors
- Nepal: The constitution prohibits proselytizing
- Myanmar: The Religious Conversion Law requires government approval for conversion
- Sri Lanka: Has considered but not enacted anti-conversion legislation
- Russia: Has laws restricting missionary activities and proselytizing
- Some Middle Eastern countries: Have laws prohibiting conversion from Islam or proselytizing to Muslims