The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Anti–conversion laws colloquially known as laws that are against the practice of “Love Jihad” are being brought in across many states across our country in recent times. “Love Jihad” is a practice whereby Hindu women are forcefully converting to Islam via marriage. The intent behind these laws is to prevent the occurrence of “Love Jihad”. The intent behind these laws is to prevent forced or coerced conversion of people to another religion.
While the intent as stated by the preamble of these laws may seem noble
as it is to prevent forceful conversions the manner in which these laws are worde, and
their various sections make them discriminatory.
Contents hide
1 Prohibition of Unflawful Religious
2 Legislations – to prevent conversion
3.1 where it involves marriage or the person who has converted.[3]
4 Constitution as “Conversion”
In November 2020 the state of Uttar Pradesh (UP) brought in the Prohibition of Unlawful Religious Conversion Law, 2020 via an ordinance, and
a month later the state of Himachal Pradesh brought in the Freedom of Religion Act, 2019 which replaced
the earlier law on the same subject that was brought in the year 2006 but was later repeal. These laws are in effect laws against conversion.
Section 4 of the Law brought in by the Uttar Pradesh government allows for a person to convert back to their previous religion and deems it lawful.[1] Therefore, this section as a result allows for the practice of “Gharwapsi” which is a practice resort to by organizations belonging to the Hindu right such as the Vishva Hindu Parishad (VHP), Rashtriya Swayamsevak Sangh (RSS), and
Hindu Makkal Katchi whereby people are forcefully reconvert back to Hinduism. So, this law is discriminatory in the sense
that it allows for forceful conversion as long as it is reconversion back to Hinduism.
Section 7 of the Act brought by the Himachal Pradesh government requires any person who wants to convert to another voluntarily to give a declaration at least one month before
they want to convent to a District Magistrate stating that their conversion is voluntary. The UP Law requires a two-month prior notice period prior
to the voluntary conversion to be give to a District Magistrate. These legislations impose a heavy burden and
a large amount of documentation on any person who wants to convert to another religion.
Although the purpose or aim of these legislations as declared by them is to prevent conversion to another religion through force or coercion the reality of this law is to prevent conversion from Hinduism to either Christianity or Islam entirely. This can be seen in the cases in which these laws have been used
as they have been largely use to bring cases against Muslim men and
it does not recognize the fact that a woman in a interfaith relationship has the autonomy to decide which religion she wants to follow. These laws the moment that
there is a conversion that occurs in a marriage presumes that it is under force or duress.
We must also recognize the fact that in India that parents and families as well as society in the majority of cases are completely against interfaith marriages as a result of which when a daughter falls in love with and
gets marry to a Muslim man her parents will very often file an FIR and
say that it is a case of “Love Jihad” while the girl may well have gotten marry and convert to Islam of her own volition. Having these laws in existence and
the fact that largely Muslim men have been penalize under this law shows this prejudice.
As per an NDTV report date 18th December 2020 [2]four former judges have remarked on the ordinance brought in UP and have said that it is unconstitutional as it violates the right to practice religion. Justice A.P. Shah has said that the law also for the existence of a system
that is akin to a Khap panchayat and that it enables the subjugation of women. They have also remarked that this law ends up presuming that all conversions are illegal and
the burden to prove that it is not lies either on the husband
The right to freedom of religion includes the right to practice and propagate a religion of one’s choice which is guarante
under Article 25 of the Constitution of India. Therefore, if a person converts to another religion voluntarily converts to another religion
they should be allow to practice and propagate it without facing any legal sanction. The right to freedom of religion should also include the right to conversion.
When the Constitution was initially being draft the “conversion” was to be used in the place of “propagate” under Article 25. The right to conversion can be implicitly read into the right to freedom of religion
by virtue of the fact that initially, the word conversion was to be use in Article 25 of the Constitution
as well as the fact that the freedom of religion that is grant includes the right to practice a religion of one’s choice.
The problem with these laws which is another reason to argue for their unconstitutionality lies in the vagueness of the definitions of what constitutes force or coercion as well as the various other terms used in the legislation. This leaves them open to misinterpretation
as a result of which they are quite often use against cases of voluntary conversions or when the conversion is to Islam or Christianity. These laws apart from violating the right to freedom of religion also violate the right to privacy
because of the requirement of declarations as well as the right to conscience. The fact that these laws allow for reconversion is another reason for its unconstitutionality
as it is discriminatory as conversion back to Hinduism is allow and legal.
By the broad nature of these laws along with the vagueness of the various terms used under these laws also violate an individual’s freedom of choice
as any conversion can be construe to fall under one of the categories mentioned under the legislations and can be declare illegal and
unlawful and people can be punish for them.
Therefore, by virtue of their allowance for reconversion as well as the various constitutionally guaranteed rights and freedoms
they violate these legislations are unconstitutional.
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