Why in News?
The court is examining the constitutionality of increasingly stringent anti-religious conversion laws enacted by several states, while also considering arguments about the right to propagate religion versus the prevention of forced or fraudulent conversions.
Description:
What are Anti-Conversion Laws?
- Anti-conversion laws are legislative measures aimed at preventing or prohibiting religious conversions.
- These laws can be used to discourage individuals from leaving a particular faith or to restrict religious groups from actively seeking new members from other religious backgrounds.
- The specific provisions and enforcement of anti-conversion laws differ across jurisdictions, and they may involve both criminal and civil penalties.
- However, the implementation of these laws has raised concerns regarding their potential to favor dominant religions or suppress minority faiths.
- Critics argue that anti-conversion laws infringe upon the fundamental right to freedom of religion, as protected by international human rights laws.
Constitutional Context:
- Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion.
- Issue: Anti-conversion (“Freedom of Religion”) laws allegedly restrict Article 25 by criminalising voluntary conversions through excessive legal provisions.
Issues Associated with the Anti – Conversion Laws:
- Vague Terminology: Terms like force, inducement, allurement, and even attempted conversion are often undefined or poorly defined. This ambiguity makes the laws prone to misuse and arbitrary interpretation.
- Violation of Fundamental Rights: Seen as infringing Article 25 (freedom of religion and conscience). Creates a blanket restriction on the right to change one’s faith voluntarily.
- Violation of International Protections: Contradicts Article 18 of the Universal Declaration of Human Rights (UDHR) and Article 18 of ICCPR, which safeguard the right to adopt a religion of choice.
- Targeting Minority Communities: Disproportionate impact on Christians and Muslims, as they engage in proselytisation. Perceived as restricting legitimate religious activities.
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