Act of Faith: On Karnataka Anti-Conversion Law

It is unfortunate that Karnataka has joined a bunch of states that want to enact regressive laws aimed at controlling the private lives and beliefs of citizens in the name of preventing illegal conversions. Afterwards obtaining the approval of the assembly, The Karnataka Protection of Right to Freedom of Religion Bill, 2021 Is Not introduced in the Legislative Council, possibly in anticipation of the ruling party’s strength in the Upper House becoming favorable later. While many states have laws that criminalize conversion on the basis of force, fraud or inducement / inducement, the trend has been to include ‘marriage’ as an illegal means of conversion. Karnataka has now made ‘promise of marriage’ a means of illegal conversion. Needless to say, the idea of ​​holding that inter-religious marriage has taken place or is about to occur simultaneously is clearly unconstitutional as it interferes with the right to privacy, marital liberty and freedom of belief. What makes Karnataka’s anti-conversion law quite frightening is the parallel introduction of it in the legislature. A series of targeted attacks on churches, Christian prayer and Christmas celebrations. Fighting right-wing groups are in the fray, with what appears to be an agenda to create the impression that religious conversion is rampant and that immediate legislative action is necessary to stop this trend. Anti-conversion laws have been upheld by courts in the past on the grounds that conversion by inducement, force or fraud is a threat to public order and should be curbed. However, the only threat to the public order arises from groups raging to create social discord.

It is true that the Supreme Court has held that the right to propagate religion does not include the right to proselytize, and the state can make laws to prevent conversion through fraud, force or inducement. However, in a pushback against using this legal position to enact a law to prevent inter-religious marriage and make the parties vulnerable to prosecution, the Gujarat High Court has stayed the provisions of a state law, which Makes conversion a crime ‘by marriage’. That it put all marriages of people of two different religions in danger. With regard to the requirement of prior intimation in the Karnataka Bill for persons wishing to convert, it should be noted that the Himachal Pradesh High Court had struck down a similar provision in 2012, which held that one must Asking to disclose plans to change is a violation of one’s right. Religious beliefs private and secret. Anti-conversion laws should only target forced or fraudulent conversions and should not be open to serious abuse; There is no place for such provisions that allow family members and associates to complain to the police for obstructing a valid marriage. Such laws would plunge the society into retrograde medievalism.