Paper: GS – II, Subject: Polity, Topic: Rights Issues, Issue: Anti Conversion Laws and Freedom vs Regulation.
Context:
The debate over anti-conversion laws passed by various States of India has intensified, raising concerns about their impact on secularism, individual freedom, and social harmony.
Key Takeaways:
BACKGROUND:
- Religious conversion: Changing one’s religion voluntarily or through influence.
- Article 25: Guarantees freedom of conscience and right to freely profess, practice, and propagate religion.
- Anti-conversion laws: State laws regulating or restricting conversions, especially those involving force, fraud, or inducement.
- Historical context: Conversions in India often linked to social inequalities (e.g., Dalit conversions to Buddhism, Islam, Christianity).
- Mass conversion Examples in India: Meenakshipuram (1981 mass conversion of 500 Tamils to Islam to escape caste discrimination), Ambedkar saw conversion to Buddhism (1956) as liberation from caste oppression.
CORE ANALYSIS:
Present situation:
- Passing and Expansion of anti-conversion laws in many states like Uttarakhand, UP & MP etc with stricter penalties and broader scope.
- Increasing arrests and allegations related to organised religious conversions, particularly in North India. Allegations of targeting some particular religions by the state are rising.
Core issue:
- Tension between individual freedom (Article 25) and state regulation to prevent coercion.
- Laws often extend beyond preventing force or fraud, potentially restricting voluntary conversions. Many laws even extending the scope to regulating Inter-faith Marriages.
Implications:
- Risk of misuse leading to selective targeting and social polarization.
- Legal ambiguity causing prolonged litigation and low conviction rates.
- Potential erosion of secular principles and individual autonomy.
Governance concerns:
- Lack of clear definitions of “inducement” and “conversion” etc in these laws.
- Increasing role of executive and police discretion in private matters.
- Reports of vigilante actions and social tensions.
Historical and social dimension:
- Conversions have been tools of social mobility and resistance against caste discrimination.
- Overregulation may ignore underlying socio-economic inequalities driving conversions.
KEY ARGUMENT OF THE ARTICLE:
- Conversion is NOT just religious. It is linked to Caste inequality, social justice & Political control.
- Over-regulation may harm constitutional morality & may distort secularism.
WAY FORWARD:
- Uphold constitutional balance between religious freedom with protection against exploitation.
- Ensuring laws do not become instruments of discrimination. Laws must target coercion only, not voluntary choice.
- Clear legal definitions and safeguards against misuse. Avoid blanket criminalization.
- Judicial oversight and due process in enforcement.
- Address root causes like inequality and social exclusion. Promote social reforms to address causes of conversion.
- Foster interfaith dialogue to maintain social harmony.
UPSC SYLLABUS LINKAGE – GS PAPER II (Constitution; fundamental rights; secularism).
Source: (The Hindu)
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