Religious
conversions, particularly those purportedly involving coercive or deceptive
practices, have historically been constituted as a highly contentious matter
among the administrative authorities of Indian states, a phenomenon that
extends back to the pre-independence era. At present, anti-conversion
legislations have been implemented in twelve out of India's twenty-eight
states, which include Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana,
Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Rajasthan,
Uttarakhand, and Uttar Pradesh. A salient contemporary concern pertains to
religious apostasy in relation to marriage, wherein legal and societal
discourses concentrate on the legitimacy of conversions undertaken primarily to
satisfy matrimonial requisites.
This
paper investigates the historical evolution of religious freedom in India,
accentuating the contemporary revival of religious zeal and the intricacies
surrounding conversions, particularly those linked to matrimonial contexts. It
scrutinizes the socio-legal dilemmas posed by conversions for the purpose of
marriage, assessing how India's constitutional tenets and post-colonial
judicial rulings have shaped its legal landscape. Furthermore, it also explores
the intricate interplay between religious authority and state power,
emphasizing endeavors to harmonize constitutional obligations with the
principle of secularism. Central to this examination is the analysis of
anti-conversion statutes across various Indian states and their ramifications
for religious liberty and the secular character of the Indian state. Through
this research, the authors aim to provide a comprehensive understanding of the
legal and social implications of anti-conversion laws in India, while offering
insights into how the law can better align with constitutional ideals of
religious freedom and secularism.
