Religious Conversion

Religious conversion is the way by which an individual or group adopt the beliefs of another religion. The incidences of religious conversions can be traced back to ancient societies. In medieval and modern times, such conversions rose due to conquest, colonisation and missionary activities. The Right to freedom of religion is guaranteed under Universal Declaration of Human Rights, 1948 and Article 25 to 28 of Fundamental Rights provided in the Indian constitution. The Right allows the individual or group to voluntarily change the religion. But in India, the forced or fraudulent conversions are prohibited which is a cognisable offence under Sections 295A and 298 of Indian Penal Code (IPC). Many states have also framed anti conversion laws like Odisha, Madhya Pradesh, Gujarat, Uttar Pradesh etc. But there is no central law to prevent such forceful conversions. These anti conversion laws are often criticised for violating the Right to freedom of religion. A national law by striking a balance between the Right to freedom of religion and prevention of forceful conversions will help show the way.

The incidences of Religious conversions are as old as human civilisation itself. Religious conversion has been found in ancient civilisations such Mesopotamia and Egypt. In these ancient societies, people used to convert their religious beliefs in response to conquests, trade and spiritual seeking. Religious conversions rose due to the missionary activities by some proselytising religions like Christianity, Islam etc. Today the five major religions of the world are Hinduism, Christianity, Islam, Buddhism and Judaism. In the early centuries of the Common Era, Christianity spread rapidly across the Roman Empire and beyond through the efforts of missionaries such as Paul the Apostle. The expansion of Islam was witnessed in the 7th century after the death of Prophet Mohammad rapidly across the Arabian Peninsula, North Africa, the Middle East and South Asia. During the medieval and early modern periods, through conquest, colonization, and missionary activities, religious conversions continued.

European explorers, traders, and missionaries played a significant role in spreading Christianity to the Americas, Africa, Asia and Oceania. In the present times also religious conversions occur due to high inter-faith contact, in search of spiritualism and modern ways of proselytising measures.

Religious conversion refers to the way by which an individual changes his religion to adopt another religion. The individual can convert his/her religion voluntarily or under any social,cultural or political pressure. The religious conversion can be individual conversion or community conversion. The voluntary conversion is the right of a person under Right to Religion under the Indian Constitution but forced conversions are against human rights and have always been a critical issue in a multicultural country like India.

• Universal declarations of Human Rights ,1948 : According Article 18 of the UDHR, every human being has the right to freedom of thought, religion and conscience.
• Indian constitution also provides right to freedom of religion :-
  • Article 25 : Freedom of conscience and ability to profess, practice and propagate ones religion.
    • Freedom of conscience means every individual has right to follow their beliefs without interference.
    • Freedom of Profession, Practice, and Propagation of Religion means every individual has the right to freely practise rituals, ceremonies, and customs associated with one's religion and the freedom to share one's beliefs with others.
  • Article 26 : Freedom to manage religious affairs.
    Under this Article, every religious denomination has the right to - establish and maintain institutions for religious and charitable purposes, to manage their own affairs in matters of religion, to own and acquire movable and immovable property, to administer their property in accordance with the law.
  • Article 27 : Freedom as to payment of taxes for promotion of any particular religion.
    It prohibits the compulsory payment of taxes for the promotion or maintenance of any particular religion or religious denomination.
  • Article 28 : Freedom as to attendance at religious instruction or religious worship in educational institutions aided/ recognised by the government.

1. Individual Conversion : This is the religious conversion when an individual voluntarily changes his/her religious beliefs by being inspired by the principles and values of that religion or being attracted to the way of another religion to seek spirituality or if he/she feels a special connection with another religion.
2. Community Conversion : In this type of conversion entire communities or groups may undergo religious conversion. Community conversions may be influenced by factors such as social cohesion, cultural influences, or the influence of charismatic leaders. For example, mass conversion of Dalits to Buddhism under the leadership of B.R. Ambedkar.
3. Cultural Conversion : When individuals or groups adopt the outward practices or rituals of a religion without necessarily internalizing its beliefs or core teachings,the conversion is known as Cultural Conversion. In this, the religion is not changed completely.
4. Denominational Conversion : When individuals/groups adopt beliefs of a new denomination/sect within the same broader religion, it is known as Denominational conversion.
5. Forced Conversion: When a religion is coerced or forced upon individuals or communities through external pressure, such as political or social persecution. It is considered unethical and against the Right to freedom of religion.

1. Spiritual seeking : Individuals may undergo religious conversion as a part of their personal spiritual journey. In search of deeper meaning and purpose of life or to connect with higher power, a person may adopt the practices of another religion.
2. Interfaith marriage : In interfaith marriages, a partner can adopt the religion of the other partner influenced by cultural expectations, and the desire for familial harmony. This is very common and females more than males undergo such conversion.
3. Political reasons: A political party or political leader may influence people for religious conversion as part of a deliberate political strategy to consolidate power, maintain social control, or promote a specific ideological agenda:
4. Social pressure: Individuals/ groups may convert their religion influenced by the religion of their family, friends, or community members who belong to a different religious tradition.
5. Economic reasons: People may convert to another religion in some cases to avail benefits available to that particular religion only.
6. Missionary activities : Missionary efforts by religious organizations and individuals can lead to conversions by actively spreading the teachings and beliefs of a particular faith.
7. Discrimination in own religion : When people feel discriminated in their own religion, they get attracted to the teachings of another religion to seek a better life. For example, Dalits conversion to Buddhism in India.

According to the recent survey of Pew Research Center of nearly 30,000 Indian adults, 99% of the adults who were raised Hindu are still Hindu., 97% of the adults who wee raised Muslims are still Muslims and 94% of people raised Christian still identify as Christians.

• Pre-independence: Before independence many princely states had Anti-conversion laws. Such laws were passed to prevent missionary activities in colonial times by princely states of Raigarh, Bikaner, Kota, Jodhpur, Surguja, Patna, Udaipur and Kalahandi.
• Post-Independence
  • Indian Penal Code (IPC) Section 295A : Under this section, anyone who by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of others is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both
  • IPC section 298 : Under this section, anyone with the deliberate intention of wounding the religious feelings of any person is punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
  • There are also many state laws to prevent the forced religious conversion.
    • Odisha Freedom of Religion Act, 1967: Odisha was the first state to pass anti-conversion law. Under this Act, any individual or group who wish to undergo religious conversion need to give one month's notice to the district magistrate, who then conducts an inquiry to ascertain if the conversion is voluntary.
    • Madhya Pradesh Freedom of Religion Act, 1968 : Under the Act, a person who wishes to convert his/her religion need to obtain prior permission from the district magistrate. The Act also stipulates penalties for violations, including imprisonment and fines.
    • Arunachal Pradesh Freedom of Religion Act, 1978 : It also requires the person to obtain prior permission of the District magistrate before undergoing religious conversion.
    • Gujarat Freedom of Religion Act, 2003 : It prohibits conversions by force, fraud, or inducement and requires individuals or groups intending to convert to obtain prior permission of the district magistrate.
    • Himachal Pradesh Freedom of Religion Act, 2006 : It prohibits fraud religious conversions in Himachal and requires an individual or group to take prior permission of the district magistrate before converting the religion.
    • Uttarakhand Freedom of Religion Act, 2018 : It regulates fraudulent religious conversions in Uttarakhand.
    • Uttar Pradesh’s Prohibition of Unlawful Religious Conversion Act, 2021 : The Act prohibits religious conversions done through force, fraud, or inducement, or by marriage. It makes such conversion a cognisable offence. It requires individuals or groups intending to convert to another religion to notify the district magistrate at least 60 days in advance. It also provides for the annulment of marriages that were entered into for the purpose of religious conversion.

• Violation of freedom of religion : The Anti-conversion laws are often criticised for violating the Right to freedom of religion.These laws restrict the people to freely choose their religious beliefs.
• Restriction in personal autonomy : These laws require a person to obtain prior permission of district magistrate before converting the religion. It impacts the personal autonomy of the individual.
• Violation of Right to privacy: These laws may infringe upon individuals' right to privacy by requiring them to disclose personal information about their religious beliefs, affiliations, and intentions to the District magistrate.
• Potential for Misuse and Discrimination: There are concerns that anti-conversion laws could be misused to target religious minorities, particularly Christians and Muslims.
• Impact on Interfaith Relationships: These laws have been criticised for their potential to discourage interfaith marriages by creating legal barriers and social stigma against conversions for the purpose of marriage.

1. Rev. Stanislaus vs. State of Madhya Pradesh (1977): In this case, the Supreme court upheld the constitutional validity of anti-conversion laws enacted by the states of Madhya Pradesh and Odisha. According to the court, the laws are valid if these do not interfere with the citizens’ freedom of religion.
2. Lily Thomas vs. Union of India (2000): In this judgement, the Supreme court ruled that the Fundamental Right to freedom of religion under Article 25 does not include the right to convert another person to one's own religion by force or fraud.
3. John Vallamattom vs. Union of India (2003): In this case Supreme court struck down certain provisions of the Kerala Anti-Conversion Law, ruling that they violated the fundamental right to freedom of religion.
4. Sarla Mudgal vs. Union of India : In this judgement, Supreme court held that religious conversion done by hindu men just for the purpose of another marriage is invalid as under Hindu marriage laws bigamy is not allowed.

• A national anti conversion legislation is needed to bring uniformity in such laws in all parts of the country.
• While framing the law, there is need to strike a balance between Right to freedom of religion and regulation of forced religious conversions.
• Laws regulating religious conversions should respect the autonomy and personal choices of individuals to freely profess, practice, and propagate their religion or belief.
• There is a need to generate proper awareness among the people about forceful religious conversion to prevent the persuasion of young people by missionaries.
• Anti-conversion laws should be designed to prevent discrimination and stigmatization against religious minorities.

Religious conversion is a fundamental right provided in the Indian constitution under Articles 25 to 28. But, forcing someone to convert his/her religion is a cognisable offence (i.e. you can be arrested without a warrant) in India. Many states have framed laws against forced conversion but there is still no national law for this. The challenge lies in balancing the protection of religious freedom with the prevention of forced conversions. However, with proper efforts to frame central law in line with the state laws can prevent the forceful conversions while promoting respect for all the religious communities in India.