As the Agra re-conversion row hit Indian Parliament yet again and the BJP led NDA government was accused of pursuing a communal agenda, Union Parliamentary Affairs Minister Venkaiah Naidu floated the idea of an Anti-Conversion Law, amid a walkout by major opposition parties in the Lok Sabha on 11th December 2014.
While this Bill has been in practise in certain states in India, can this Bill help in preventing mass conversions that happen due to luring or forcing the poor sections of society or can it be used to further a communal agenda?
Advantages
The Indian Constitution in Article 25 grants to citizens of India of all religious persuasions freedom to profess, practise and propagate their faith in a way that does not disrupt public order and does not affect public health and morality adversely.
The Article 25 of the Indian Constitution is a basic human rights guarantee that cannot be subverted or misinterpreted in any manner. It is in this context that the anti-conversion laws in India must be viewed. Anti-conversion laws are promulgated on the premise that forced or induced conversions happen and need to be prevented.
Giving a justification for such a law and rooting it in history, Union Minister Naidu said in the Lok Sabha on 11th December, ‘‘It is well known that mass conversions happen by force. Sardar Patel, too, had admitted that mass conversions take place in India. I submit that we cannot tolerate this. We do not want that the numerical figures of Hindus and others to lessen.” Such laws can help in preventing any religious outfit from forcing or inducing people with money and safety to convert to any religion like Hinduism, Islam, Christianity, etc.
Disadvantages
Such laws are controversial because they run the risk of being abused by communal forces who may have the tacit approval of the dominant political party in the state or country. A consolidation of various anti-conversion or so-called “Freedom of Religion” Laws has been done by theAll Indian Christian Council.
In the past, several Indian states passedFreedom of Religion Bills primarily to prevent people from converting to Christianity. Arunachal Pradesh passed a bill in 1978. In 2003,Gujarat State, passed an anti-conversion bill in 2003.
In July 2006, the Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one month’s notice, or face fines and penalties. In August 2006, the Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days’ notice to, and seek permission from, the district magistrate.In February 2007, Himachal Pradesh became the first Congress Party-ruled state to adopt legislation banning illegal religious conversions.
The US State Department has claimed that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual increase in the Hindu nationalism(Hindutva). A national Anti Conversion Law could be misused in the future as it is often seen that laws that are made for benefit of people later on are amended to further a particular agenda.
Anti – Conversion laws should be discussed in length and not passed in a hurry to gain political mileage or in the enlightenment of recent events that have taken place in the country. One must also make sure that no religious community comes at a disadvantage due to this law as it can indirectly hamper the number of followers of one religious group and thereby defeat the purpose of maintaining the number of followers of any religion. It could also create tensions among other communities and give a maligning image to a community that has got the advantage.
Compiled By Abhishek Vissapragada
