A Study of Compatibility of Anti-Conversion Laws with Right to Freedom of Religion in India

Abstract

This study analyses the constitutionality of the so called 'anti-conversion laws' in general as well as provisions in all the legislations in particular. The report of the entire study has been divided into four chapters. The first chapter being introductory, second chapter has been titled as 'Constitutional Framework of Right to Freedom of Religion in India'. In this chapter, the scope and ambit of freedom of religion and the permissible restrictions thereon have been discussed in the light of relevant judicial pronouncements, which appear to be very pertinent in the context. The questions whether 'right to conversion' is envisaged in our Constitution and who has the legislative competence to regulate the exercise of the said freedom have also been addressed in the chapter. Reference has also been made to the Constituent Assembly Debates wherever necessary. The third chapter, being the most cardinal part of the study, has been titled as 'Anti-conversion Laws in India: An Analysis in the Light of Constitutional Guarantee of Freedom of Religion'. In this chapter all the provisions of anti-conversion laws of various states and their implications on Constitution have been examined. Important cases where the constitutional validity of some of these laws has been challenged have also been discussed at appropriate places. Chapter IV is the concluding part of the study. In this chapter, the decision of the apex court in Rev. Stainislaus has been analyzed in the light of legislative history, constitutional philosophy and relevant provisions in UDHR, and ICCPR, etc., the findings and remedial legal measures have also been suggested wherever it appears to be necessary.

Keywords: Religion, Conversion, India, Anti-Conversion

JEL Classification: K00, K10