New Delhi: In a move, which may come as a setback to the Sangh Parivar, the Union Law and Justice Ministry has advised against the idea of bringing an anti-conversion law at the central level.
The Ministry of Home Affairs had sought the opinion of the law and justice ministry in this regard. The law ministry has argued that the legislation would go against Article 25 of the constitution and would be an infringement on the rights of the state legislatures as well.
Union Home Minister Rajnath Singh has underscored the need for a debate across the country on the need for an anti-conversion law. However, with the law ministry coming out with a contrary opinion, this threatens to become a sticking point between the government, on the one hand, and the party and the parivar, on the other.
Top sources said the avowed purpose of the legislation was to discourage forced conversions or conversions through allurements. The law and justice ministry, after examining the constitutional and legal aspects, advised against such a law. The first contention was that since the subject is in the ‘state’ list, it would be unadvisable for the Centre to go in for an over-arching law on the issue. The second and more important reason, sources pointed out, was that bringing such a law would require a constitution amendment as the legislation would be a direct violation of the Article 25. The said constitutional provision allows the right to preach and propagate religion.
In another significant interpretation, the law ministry has pointed out that even though some states may have legislation in this regard, it is a misnomer to call them anti-conversions laws. It has been explained that these laws in a few states merely create the conditions which allow a citizen to convert, as provided in the constitution.
In that sense, these laws are more about public order. The thrust is on notifying the authorities before a conversion, which does not infringe upon the basic right of converting from one religion to another.
Some votaries of aggressive Hindutva, including Yogi Adityanath, Sakshi Maharaj and top functionaries of the RSS, have been demanding an anti-conversion at the national level repeatedly. They have based their arguments on the proselytizing nature of some religions and the complaint that Hindus are lured into conversion by these ‘missionary’ religions. Lately, the RSS has also stepped up its ‘Gharwapsi’ (homecoming) to counter these moves, much to the embarrassment of the Narendra Modi government at the international level.
