Maharashtra’s New Anti-Conversion Law Could Criminalize Compassion

Source: Indian Express
GS II: Polity and Governance- Fundamental Rights

Why in the News?

Recently Maharashtra proposed new Anti-Conversion Law that seeks to address religious conversion through force, fraud or inducement.

News in Brief

• Concerns have been raised over provisions that could make the offence non-bailable and place a significant burden on the accused, potentially leading to prolonged legal proceedings.
• The law could affect humanitarian activities such as education, healthcare, financial assistance and social services provided by religious institutions, particularly in disadvantaged and remote communities.
• Questions have also emerged regarding inter-faith marriages, prayer meetings and ordinary religious practices that could potentially be misconstrued as attempts at conversion.

Key Legal Issues

• Redundancy with Existing Laws- Critics argue a separate law is unnecessary since coercion, fraud, or force during conversions can already be prosecuted under the Bharatiya Nyaya Sanhita (BNS) without needing a dedicated statute.
• Strict Criminal Provisions- The legislation makes offenses non-bailable, which can lead to lengthy imprisonment before any trial takes place.
• Reversal of Burden of Proof- Similar to laws like the Unlawful Activities (Prevention) Act, (UAPA) the framework places the initial burden of proving innocence on the accused, challenging standard fair-trial principles.
• Third-Party Complaints- Family members or unrelated third parties can file complaints, which legal experts warn can undermine an adult’s individual autonomy and right to choice.

Impact on Humanitarian and Charitable Work

• Risk to Welfare Services- Minority and Christian organizations worry that routine community service such as running schools, hospitals, or providing relief in remote areas might face malicious scrutiny or legal hurdles under the pretext of unlawful inducement.
• Chilling Effect on Compassion- Observers note that stringent rules and mandatory pre-conversion notices (such as 60-day declarations) create an atmosphere of fear, potentially criminalizing everyday charitable or faith-based interactions.

Inter-Faith Marriages and Religious Freedom

• The prevalence of inter-religious marriages, according to the Catholic Church’s estimate is around 30–40% inter-religious marriages in some parts of the country.
• It reflects that provisions requiring public declarations before marriage could create additional scrutiny and suspicion around inter-faith couples.
• Potential concerns
  • Interference with an adult’s choice of partner
  • Social pressure and harassment
  • False allegations of conversion
  • Chilling effect on inter-faith marriages
  • Greater bureaucratic and legal scrutiny of private relationships
  • Prayer Meetings and Religious Practices
• It also become an attack on prayer meetings conducted in private halls, homes and small community gatherings by non-state actors, particularly affecting small evangelical communities.
• The complaints have sometimes reportedly been filed against those who were attacked rather than against the alleged attackers.
• Implication
  • This raises concerns about:
    • Protection of religious minorities;
    • Selective enforcement of law;
    • Police impartiality;
    • Freedom of peaceful religious assembly;
    • Protection against vigilante action

Criminalization of Routine Practices

• Broad Definitions- Vague or wide wording around “inducement” or “allurement” risks penalizing ordinary expressions of faith.
• Healing Prayers- Common acts like praying for an ill person or laying on hands could be wrongly targeted as a fraudulent tactic to change someone’s religion.

The Balance of Constitutional Interests

Way Forward and Conclusion

A balanced law should prevent forced and fraudulent conversions while protecting freedom of conscience and individual autonomy. Clear definitions, due process, safeguards against misuse and judicial oversight are essential.

Humanitarian services such as education, healthcare and charity should not be treated as inducement merely because they are provided by religious organisations.The objective should be to protect vulnerable individuals without undermining religious freedom, personal liberty and social harmony.

UPSC Prelims and Mains Practice Question

Consider the following statements regarding freedom of religion in India:

1. Article 25 guarantees freedom of conscience and the right to profess, practise and propagate religion, subject to constitutional limitations.
2. The right to propagate religion but does not confer an unrestricted right to convert another person, particularly through force, fraud or coercion.
3. Laws regulating forced, fraudulent or coercive religious conversion must be consistent with fundamental rights and due process.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (b) 1 and 3 only

Mains Practice Question

Q. Anti-conversion laws seek to protect individuals from coercive religious conversion, but their expansive application may affect freedom of conscience, individual autonomy and humanitarian activities. Discuss. (250 Words)

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