Analysis And Proper Interpretation Of India’s Anti-Conversion Legislations

Ishaan Deepak Joshi, MIT-WPU, Faculty of Law

ABSTRACT

Anti-conversion laws that are in place in many Indian states aim to curtail or even outlaw enticement-based forced conversions. The origins of the current anti-conversion laws can be found in a number of colonial acts that dealt with a variety of issues, including public safety, apostasy, and anti-conversion Acts in colonial India. The justification for enacting these laws largely rested on presumptions regarding whether the conversions were forced or voluntary. In India today, there are several modern statutes that emphasise two ideas: first, that those who have converted might not have done so of their own free will; and second, that some sects and groups of people are more susceptible to pressure when it comes to conversion.

It is contended that current anti-conversion laws perpetuate notions that some sects and social groups are more primitive and so more vulnerable to pressure and manipulation. Media and Leftists state that Anti-conversion laws, like other "protective" laws, limit individual freedom and preferences while violating Article 21 and 25.

However, proper interpretation of Anti Conversion law says otherwise. This Research Paper takes a look into the history and current enactments and pertinent cases under the ambit of Anti-Conversion Laws, while understanding jurisprudence behind the same, and deconstructing the misrepresentation of the statute via proper conceptual clarity.