The Indian Constitution grants every citizen the freedom ‘to practice and propagate his/her faith.’ (Article 25) Yet several states, currently ruled by the supremacist Bharatiya Janata Party (BJP) have in place laws enacted to ostensibly stop ‘forcible conversions.’ This when conversion, by extension of Article 25 remains a fundamental right, at least on paper.
Arguably, the assumption in these laws that have a distinct majoritarian tilt, is that this country and its citizenry were and are primarily and intrinsically ‘Hindu.’ This when historical evidence suggests not only to the contrary but specifically that, the largest, mass, conversions towards any faith has been towards Sanatani Hinduism (over the millenia).
The 1960s were when these laws were first enacted. In 1968 in both Orissa and Madhya Pradesh when these acts came into being, the state governments were dominated by a pre-BJP avatar that of the Jana Sangh. The Congress had been voted out for the first time since independence. Subsequent governments however have not repealed these laws and the higher Indian courts, too, have upheld their legality.
It was in 1978 that Arunachal passed the law while Chhattisgarh adapted the MP law in 2006. Gujarat first passed the law in 2003 and tried to amend it in 2006. In the amended draft there was a clause that dubbed Jains and Buddhists as ‘part of the Hindi fold.’ This caused an uproar and had to be withdrawn by the state. Himachal Pradesh passed the law in 2006, followed by Rajasthan.
Anti-conversion laws have been intended to ‘stop’ people converting from Hinduism to Christianity. But, what they really do is infringe on the right of an Indian citizen to practice their religion as they see fit… and with it their right to free expression and their right to privacy – both of which are guaranteed by India’s federal Constitution.
Arguably, there s no need of a new law: India’s federal Penal Code, Section 295(A), already deals with the issue of sectarian harmony, and the use of coercion and, or, “allurements” for conversions. These laws command stiff penalties, ranging from fines to imprisonment.
The BJP, India’s ruling supremacist party, is seeking to impose its Hindutva (Hindu nationalist) ideology in state law, so as to consolidate its political backing by those who vote for the party strictly for ideological-religious considerations.
In line with that type of thinking, the Jharkand state assembly (also dominated by the BJP) has now passed a new Bill is designed to make conversions more difficult because they will be made public – and, therefore, the convert may be subject to intimidation from his or her neighbours, family, colleagues, et al. Indeed, Section 5 of the Bill demands that any convert first seek the permission of the Deputy Commissioner of Jharkhand, and provide the details of the person who is performing the conversion.
Caste and Gender in Penal Provisions: In Orissa, Madhya Pradesh, Chhattisgarh, Gujarat and Himachal Pradesh the punishments in these laws are graver with respect to women, minors and SC/ST. Especially in Gujarat, where the imprisonment may extend to 4 years and the fine may extend to Rs. 1,00,000
Prior Permission: The States of Gujarat, Chhattisgarh (2006 Amendment Act) and Himachal Pradesh require Prior Permission to be taken 30 days before the date of conversion. The failure of which attracts an imprisonment and fine which may extend to 2 years imprisonment and Rs. 5000 in Himachal Pradesh, 1 year imprisonment and Rs. 1000 fine in Gujarat and 3 years imprisonment and Rs 20,000 fine in Chhattisgarh.
((Note: Orissa and MP, AP and Rajasthan do not require prior permission.))
Differences in Punishment: The punishment ranges from the maximum of 1 year and Rs 5,000 in some states (Orissa and Madhya Pradesh) to the maximum of 3 years and Rs. 50,000 in some states (Gujarat) for individuals that are not women, minors or SC/ST.
Punishment for failure of giving Intimation to District Magistrate/ Deputy Commissioner : In Madhya Pradesh Rajasthan and Arunachal Pradesh the imprisonment extends to 1 year and fine extends to Rs 1000.
In Gujarat, Chhattisgarh and Himachal Pradesh, the failure to make intimation prior to 30 days is punishable with imprisonment that extends to 1 years or/and a fine which may extend to Rs. 1000.
Terminology:
- Orissa, Arunachal Pradesh and Himachal Pradesh, use the term ‘inducement’.
- Madhya Pradesh, Chhattisgarh, Gujarat and Rajasthan use the term ‘allurement’
Here are the laws enacted by a few states pertaining to restriction or control of religious conversion:
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