India is a diverse land with people who speak different languages and practice different cultures, traditions, and religions. The 2011 census states that 79.8% of the population of India follows Hinduism, 14.2% follow Islam, 2.3% follow Christianity, 1.72% follow Sikhism, 0.7% follow Buddhism, and 0.37% follow Jainism.
According to the 42nd Amendment of the Constitution of India in 1976, India is a secular nation and will not discriminate against anyone based on their religion. Despite such rules and amendments in our constitution, religious discrimination and conflicts are prevalent.
The 1984 anti-Sikh riots, the 1989 Bhagalpur riots, 1989 Kashmir violence, 2002 Gujarat riots, 2013 Muzaffarnagar riots, and 2020 Delhi riots are examples of violence and conflict in the name of religion.
What is the Anti-Conversion Law?
Some states have recently passed the Freedom of Religion Act or “anti-conversion” laws that intend to restrict religious conversions carried out by force, fraud, or inducements.
It is not enforced in the entire country since it is neither passed by the Parliament nor initiated by the Central Government. However, at least 8 of the 29 states in India have passed laws in one form or other to initiate penal action.
The amendment binds interfaith couples to seek approval for marriage. Anyone who goes against this law could face a penalty in the form of imprisonment and monetary fines.
States that Adopted the Anti-Conversion Law
The states at the forefront of discouraging conversion in the name of Love-Jihad are Uttar Pradesh, Gujarat, Himachal Pradesh, Uttarakhand, and Madhya Pradesh.
In states like UP, the law requires a 60-day notice to the district office and binds interfaith couples to undergo a police investigation.
This year, Gujarat amended that law in April, renaming it the Gujarat Freedom of Religion (Amendment) Act, 2021. This new Act was passed in the legislative assembly with provisions penalizing forcible or fraudulent religious conversions through marriage.
What does Judiciary Say?
The Allahabad High Court says,” There is no place for religious fanaticism, greed, and fear in the country.” Further, Article 15(1) of the Constitution allows citizens to convert to other religions of their choice but is against forced conversion.
In Gujarat, there is a stay from the High Court on several sections of the Act. The Gujarat Govt is to approach the Supreme Court in an appeal against the stay granted by the High Court.
The law’s most important provision requiring interfaith couples to seek permission to get married become the point of discussion for critics. In its recent ruling, the state High Court called it a violation of the right to life.
The Reality of the Law
Even though the anti-conversion law was passed to end conversion through unlawful means, what is really at stake for women is the freedom to choose.
Article 21 of the Indian Constitution enables any person of the country the right to marry a person of their choice. The anti-conversion by these states stands against this very freedom that article 21 tries to achieve.
Takes away Freedom of Choice
The law, if implemented, takes away two fundamental rights of citizens, i.e., freedom to practice the religion they wish to and freedom to choose whom they want to marry. It restricts a person’s personal choice to marry someone from a different religion and change their faith before or after marriage.
The law, in conclusion, seems to do worse than good and gives scope for more conflict in the name of religion.
Moreover, does the Government have any business in policing its citizens’ personal lives? This is a moot question.
