Freedom of Religion, Conversions

Under the Act, it is illegal to convert someone by way of misrepresentation, force, undue influence, coercion, allurement or “any other fraudulent means”. UP’s anti-unlawful conversion law, which was enacted in 2021, is controversial and has served as a source of harassment for several sections of the state’s population. https://thewire.in/law/up-anti-conversion-objective-india-secular-spirit-allahabad-hc 

 Last month, the state assembly passed a Bill amending the law to make it more stringent. If it comes into force, the amended Act will allow anyone to file complaints – not just the aggrieved or their family – in alleged cases of unlawful conversion, make securing bail more complicated and make way for punishment up to life in prison, as The Wire has reported.

14/08/2024

Do Indians have freedom of religion? Meaning, do they have the right to invite others into their faith and the right to easily leave their faith? The Constitution says yes, but the laws say no. India is an unusual nation where propagation is both a fundamental right and a criminal offence. A fundamental right is defined as one that enjoys a high level of protection from encroachment by the state. But Article 25 (right to freely profess and propagate religion) doesn’t enjoy such protection. https://thewire.in/rights/do-indians-have-right-to-freedom-of-religion-constitution-says-yes-but-the-laws-say-no In effect, the Constitution tells us we are free to propagate but when we do so the police shows up and takes us away. On July 11 this year it was reported that the Allahabad High Court rejected the bail of a man named Shriniwas Rav Nayak with the observation that “the Constitution confers on each individual the fundamental right to profess, practice and propagate his religion. However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytise”. by Aakar Patel 16/07/2024

The Allahabad High Court has observed that while the Constitution grants the right to freely practice their religion, it “cannot be extended to construe a collective right to proselytise” or convert other people to one’s religion.

The court made the observation while denying bail to a person allegedly carrying out illegal conversions, reported the Press Trust of India.

https://thewire.in/law/right-to-freely-practice-religion-doesnt-give-right-to-convert-others-allahabad-hc 

11/07/2024

https://thewire.in/law/up-8-interfaith-couples-pleas-for-protection-junked-for-not-complying-with-anti-conversion-law 

The Allahabad high court has rejected petitions moved by eight Hindu-Muslim couples, seeking protection of life, on the grounds that their marriages were not in compliance with the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, or commonly known as the anti-conversion law.

The couples in question had approached the court seeking directions to authorities concerned to ensure they get protection for their lives and be guaranteed non-interference in their marital lives by others. All of those petitions were dismissed by the court between January 10 and 16.

30/01/2024