A Legal Study of Religious Conversion and Secularism: An Indian Perspective

I. Introduction

Indian democracy, which is dedicated to protecting its citizens' freedom of religion and has stated its secular nature in its constitution, is yet uncomfortable with religious conversion, especially when it comes to conversion to Islam or Christianity. India is home to many different religions, including Islam, Christianity, Judaism, and Zoroastrianism, in addition to being the largest democracy in the world and one of the most populated countries. India is also the cradle of many major world religions, including Buddhism, Hinduism, Jainism, and Sikhism. India has long been recognized for the diversity of its cultures, languages, and religions. It is clear that four of the world's major religions-Hinduism, Buddhism, Jainism, and Sikhism-were born there. India was proclaimed a secular state in 1950 when the 42^nd Amendment Act of 1976 was passed, guaranteeing everyone's freedom to practice their faith in peace. As a right to religious freedom, religious conversion is protected in India under the Constitution. However, it is unclear to what degree these conversions to another religion are covered by the freedom of religion. Thus, this article's primary goal is to examine the extent of the fundamental right to freedom of religion and address as many questions as possible about religious conversions.

II. India's right to religious freedom

A number of essential rights are guaranteed by Part III of the Indian Constitution. The Irish Constitution serves as a major foundation for the rights to religious freedom, which are guaranteed by Articles 25–28. Article 25(1) declares that "Everyone has an equal right to freedom of conscience and the freedom to profess, practice, and propagate religion, subject to public order, morality, and health, as well as to the other provisions of this part." People exercising their rights on their own or through organizations³.Whether or not he is a member of a religious minority⁴. Nothing in this article shall impair the functioning of any current legislation or prohibit the state from enacting new laws, according to clause (2)⁵. It discusses state meddling in affairs concerning any financial, political, economic, or other secular activity connected to religious practice, as well as any other action concerning social welfare and reform.

According to Article 26, religious denominations or any part shall have the freedom to administer religious issues, subject to public order, morality, and health. Therefore, in order to preserve morality, public order, and national harmony, both Articles 25 and 26 are subject to some limitations and are not absolute. For instance, no one may engage in sati under the pretext of religious freedom. According to Article 27, no one may be forced by the government to pay taxes unless those taxes' earnings are expressly designated to cover costs associated with advancing or preserving a particular religion or group of related religions. No religious instruction may be given in state-funded educational institutions, according to Article 28.

III. Significance of religious conversion

India does not support any one religion above another or establish a state religion. Religion is essentially a question of personal preference, beliefs, or faith. Webster's Comprehensive Dictionary defines religion as a belief that connects man's spiritual essence to a supernatural being and involves feelings of dependency and obligation, as well as the behaviours and sentiments that follow naturally from such a conviction.

Everyone has the right to practice any religion they so desire. Because of this, everyone has the freedom to profess, practice, and spread any religion thanks to the Indian Constitution. One of the most contentious topics in politics and culture is religious conversion, which is defined as the rejection of one religion and acceptance of another, or the adoption of one set of beliefs over another. People change their faith for a variety of reasons, including: Conversions that occur voluntarily, such as those brought about by a shift in ideas.

Forceful Conversions i.e. conversions by compulsion, undue influence or persuasion. Conversions brought on by marriage, or marital conversions.

(A) Conversion for practical reasons

The Orissa Dharma Swatantrya Adhiniyam, 1968 (also known as the Orissa Freedom of Religion Act) was challenged in the State of Orissa and Others vs. Yulitha Hyde and Others case⁶ on the grounds that it violates the fundamental rights guaranteed by article 25 and that the Act's expanded interpretation of the terms "force, fraud, and inducement" falls outside the jurisdiction of the Indian Penal Code, 1860. Act penalized conversions brought about by trickery, compulsion, or seduction.

The court declared the Act extra more valid and declared it illegal. Subsequently, the Supreme Court reversed the decision and ruled that the Act was constitutional. In Stainislaus Rev. v. State of M.P⁷, the Supreme Court held that the freedom to propagate one's religion includes the ability to tell others about one's beliefs or to introduce them to the tenets of that faith; it does not, however, include the ability to 'convert' another person to one's religion because that person is "equally entitled to freedom of conscience," which comes before the word "propagate."⁸. As a result, no one has the fundamental right to force someone to convert against their will be court also held that the word "proliferate" does not confer the right to convert.

(B) Action against Regional Conversion

India does not currently have any laws at the federal level that sanction forced conversions. An attempt was made in 1954 to approve the Indian Conversion (regulation and registration law), but strong resistance prevented Parliament from passing it. Later, state-level efforts were made in a number of ways. Acts prohibiting forced or coerced conversions were passed in 1968 in Orissa and Madhya Pradesh. The anti-conversion law of Orissa stipulates that forced conversion can result in a maximum two-year prison sentence and a fine of Rs. 10,000. This led to the passage of similar legislation in several other states, including Tamil Nadu and Gujarat, making forced conversions a punishable offense under sections 295A and 298 of the Indian Penal Code, 1860.

(C) Law for regional conversion unlawful profit

Some people change their faith for less important reasons; they include divorce, polygamy, receiving reservation privileges, being admitted to institutions that only admit members of that church, and so on. What the law says about such people is the question. In this context, some precedent-setting rulings exist. Given that polygamy is accepted in Islam, the Hindu husband in Smt. Sarla Mudgal, President Kalani and others vs. UOI and others⁹ converted to Islam and formally consummated a second marriage. The Supreme Court ruled that bigamy would render such weddings null and unlawful under section 17 of the Hindu Marriage Act, 1955, and that the parties involved would be prosecuted under section 494 of the Indian Penal Code1860. Furthermore, if such conversions to Islam are made with the intention of practicing polygamy, they will not be recognized as legitimate conversions. Therefore, a conversion will not be regarded as legitimate if it occurs for any improper advantage. Lily Thomas, Etc. vs. Union of India & Ors. followed the same reasoning. The respondent in Faheem Ahmed v. Maviya @ Luxmi converted to Islam in order to become a member of the Jama Masjid library. The conversion was deemed illegal by the court because it was solely done for wrongful benefit. Therefore, a conversion made with the intention of gaining an unfair advantage would not be accepted.

(D) Law against different State of India

Only Madhya Pradesh, Odisha, Gujarat, Chhattisgarh, and Himachal Pradesh have anti-conversion laws in effect, out of the seven states that have managed to adopt anti-conversion legislation to yet. A measure against forced conversions has also been submitted in Jharkhand recently. Its goal is to outlaw them and punish those who engage in them with a fine of Rs. 100,000 and a term of four years in prison. Anti-conversion laws were essentially introduced to prevent religious conversions that were the result of coercion, deception, seduction, or allure. However, the issue is that these terms fraud, coercion, inducement, etc. However, Christians had a whole different perspective on this matter. Christians contended that these rules essentially forbid conversions altogether. According to a research, attacks against Christians increased in 2016 in states with anti-conversion laws. According to this analysis, these anti-conversion laws serve no purpose at all because, in reality, they merely hinder conversions rather than outlawing forced conversions. Secular forces view these regulations as illegal and human rights violations, although the judiciary has already ruled in numerous cases many of which are listed above that they are valid.

(E) Legal method for Religion Conversion in India

There are no laws governing the conversion of one's religion to another. The Supreme Court has ruled in numerous cases that there is no specific legal necessity, formality, religious ceremony, or ritual for conversions. It was decided in Perumal Nadar (dead) by Legal Representative v. Ponnuswami Nadar (minor)¹⁰ that conversion can occur without a formal purification or expiration ritual. Anyone can, in good faith, convert to another religion. An oral or written declaration alone does not constitute conversion.

It is required to present convincing proof of the intention to convert together with specific, overt actions to carry out that intention ¹¹. To conclude that there has been a true conversion, one would need to find a sincere goal and then actions that clearly demonstrate that intention. Following a religious conversion, the government gazette must be notified so that the new faith may be included in all legal documents. The identical reconversion strategy was used by the Supreme Court in Kailash Sonkar v. Smt. Maya Devi¹². The district magistrate's consent is required if a clergy member want to change their religion. A legal void results from the lack of any statutory provisions, placing the onus of determining whether or not the conversion was legitimate on the Registration Officer. Anyone who wishes to change their religion may do so by abiding by the religion's personal laws. The ceremonies that must be carried out in a certain way at the moment of conversion are provided by the numerous personal laws.

a. Muslim Conversion

A person does not have to be a Muslim from birth. Accepting Muhammad's prophetic role and the unity of God makes it simple for someone to convert to Islam. Islamic legal theory discusses religious beliefs, such as the idea that an individual who believes in Islam can become an adherent even if they were not born into the faith. There are two methods for a person who is of sound mind and has reached the age of majority to convert to Islam:

1. By declaration: In order to embrace Islam, he must openly announce that he has given up his original religion. He must believe that Muhammad is Allah's messenger and that there is no other god. He must hold that the Holy Quran is the authentic message of God and that he alone is a believer in Allah. One has to embrace Islam as his faith.

2. Through ceremonies: By carrying out the different rituals outlined in Islam itself, a person might convert from another religion to Islam. First and foremost, the individual must visit the mosque where the imam will ask him to utter the "Shahada," or declaration of faith. Pronouncing it as "La ilaha illa Allah, Muhammad rasoolu Allah" is correct. He is unable to hear the testimony in that manner. The statement "that there is no true deity except Allah and Muhammad is the true messenger sent by God to humankind" should be spoken by him with conviction and comprehension. He is given a Muslim name that needs to be entered into the Imam's registry after reading Kalema.

These then are the two easy methods that someone can use to give up their previous religion and become a Muslim convert. However, this kind of conversion must be carried out honestly and without misleading profit. The presumption of conversion may be refuted if the individual who is converting his religion exhibits conduct and behavior that is incompatible with Islam.

b. Hindu conversion

Since Hinduism is viewed as a way of life, the Hindu scriptures do not outline a process for someone to convert from another religion to Hinduism. One shall be considered a Hindu at the instant when they have made sincere intents to convert to Hinduism. One might seek the religious group Arya Samaj for assistance if they want to become a follower. Any Arya Samaj temple will accept an application for the conversion by free will in exchange for a proof of age and proof of residency that is signed by the applicant and two witnesses. Additionally, it outlines a process called "Shuddhi Karma," a Vedic purifying ritual. Fundamentally, Shuddhi Karma entails performing a "Homam," which is can be understood as a Hindu ritual which is done in front of the fire.

c. Christian conversion

There isn't a set procedure or ceremony that needs to be followed while converting to Christianity. Various Christian sects have varying beliefs regarding two rituals or ceremonies. Any non-Christian who takes a vow of repentance from previous misdeeds, confidence in Jesus as their Savior, and a commitment to follow his teaching as stated in the New Testament can renounce his original religion and accept Christianity. Among Christians, baptism is recognized as the event that converts someone to Christianity. Baptism must be performed in the names of the Father, the Son, and the Holy Spirit.

(F) Secularism in regional conversion

India is a secular country that it treats all religions equally and does not have a state-sanctioned religion. Secularism refers to the state treating all religions equally. The 1976 Indian Constitution first used the phrase “secular.” “The state has no relationship to spiritual or religious issues”. Western nations adopted the secularism notion, but there were significant disparities. There are many reasons for India’s secularization, including: Because of urbanization, people of all religions and cultures live together in the same places, which have caused India’s populace to become more secular. Growth and development in the transportation and communication industries have led to a mixing of people from many religious backgrounds. Through social media networks, they communicate with one another and utilize public transportation. Students’ education at educational institutions - education is a major factor in bringing people of many faiths together. Institutions tolerate religious diversity on an equal basis. Several laws have been passed to safeguard religious groups’ rights. The purpose of the Special Marriage Act of 1872 was to formally recognize marriages between members of various faith communities. By virtue of this Act, a marriage between members of several faith communities will be considered legal and valid. To help the Hindu community become more secular, the Hindu Marriage Act of 1955 and the Hindu Succession Act of 1956 were passed. Article 27-30 of the Indian Constitution, which states that all Indians have a right to religious freedom, also offers protection. Another element in India’s populace becoming more secular is Western culture. Western secularism is where the foundational tenets of Indian secularism came from. In order for the state to modernize, secularism must be practiced, and it is the responsibility of the people to follow by the rules set forth by the government¹³.

IV. Summary

The borders of neutrality must be defined by the State; hence no secular state can ever be merely neutral or impartial toward other religions. India is a special State because it upholds secularism while maintaining its spirituality through laws, judiciary rulings, state policies, and constitutional requirements. The fundamental elements of religion-state relations in India include preserving a reasonable balance between secularity and religiosity, appropriately addressing religious sensitivities of the populace, avoiding discrimination against citizens based on their religion as much as possible, and working to treat them equally regardless of their religious affiliation. Studying religious conversion in India can help us understand religious variety by introducing fresh ideas and frameworks. Several significant concerns are brought up by the examination and breakdown of Indian governmental policy toward religious conversion: Although just one-fifth of Indian states have passed legislation regulating religious conversion, policies addressing the matter differ throughout them. The findings of this study demonstrate a discrepancy between the reality of India at the start of the twenty-first century and the founding founders' aspirations to establish a secular, democratic state that is neutral toward religious identity. State legislators have a history of enacting laws that are less circumspect and "politically correct" than the framers intended. However, this study demonstrates that even the state's early laws favored the Hindu community in India and discriminated against non-Indic converts through a number of indirect but nonetheless present methods. India's painful history with religion-based separatism is what gave rise to the debate over religious conversions in that nation. Both the government and the general population are concerned about the possibility that a Christian majority region may eventually want to secede from India, a fear that some in India consider to be genuine. Conversely, other academics contend that the laws now in place adequately prevent any false conversion trend, negating the need for additional anti-conversion legislation. They adopt the stance that mass conversion movements do not, in any event, exist in contemporary India. Undoubtedly, the choice of a person to adhere to a certain religion, to stop practicing a particular religion, or even to change their faith is regarded as a fundamental human right (UN 1981). A complete ban on people's ability to convert to another faith, even in cases when this is done without coercion or cruel persuasion, would be a concerning development that goes against the nation's constitution. However, India's government are essentially opposed to the act of converting others to a different faith, even as the nation places restrictions on its residents' ability to change. Thus, neither India's legislators nor its judicial authorities view proselytism as a fundamental right. Dr. B. R. Ambedkar, the country's first minister of law, was among the well-known converts in India. He was from the BCs and said that democracy is inherently incompatible with Hinduism's Varna (caste) structure. As a result, he battled against caste prejudice, declared his intention to convert in 1935, and eventually became a Buddhist in 1956 (Ambedkar 2014). Following Ambedkar's conversion, some 500,000 members of the Scheduled Caste became Buddhists. In fact, studies (Bankar 2012) demonstrate that the conversion of those who endured extreme discrimination and humiliation as BCs to Buddhism has altered their psychological makeup and increased their sense of self-worth. The religious conversion of Ambedkar and his supporters in 1956 is credited with bringing about this transition. A complex relationship between religious diversity and democratic regimes is best illustrated by looking at the case of India. Governmental structures and legal frameworks must respect religious plurality everywhere in the world. Absorption of religious minorities frequently runs against to the nation-state's essence and its inclination to establish inclusive and unifying institutions¹⁴.

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