Allahabad, India – In a significant ruling, the Allahabad High Court has warned that the majority Hindu population in India could become a minority if religious conversions are not curtailed. The court has issued strict instructions to halt conversions immediately to prevent this demographic shift.
The court's remarks came in the context of a bail application hearing for a man named Kailash, who was arrested under multiple charges, including those under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Kailash was accused of kidnapping and taking individuals to Delhi for religious conversion.
The case involved a complaint from Ram Kali Prajapati, who alleged that her brother, Ramphal, was taken by Kailash to Delhi under the pretext of curing a mental illness. Ramphal did not return after the promised time, prompting concerns from the local community in Hamirpur, Uttar Pradesh. Multiple villagers testified that Kailash regularly transported people to Delhi for conversion to Christianity, allegedly receiving significant financial compensation for these activities.
In his defense, Kailash’s lawyer argued that there was no conversion involved, merely participation in a Christian gathering. However, the state government, represented by Additional Advocate General PK Giri, maintained that Kailash was involved in systematic conversions.
Presiding over the case, Judge Rohit Ranjan Agarwal referred to Article 25 of the Indian Constitution, which guarantees the freedom to profess, practice, and propagate religion. However, he clarified that this freedom does not extend to converting others. The court observed that many individuals taken by Kailash had not returned, fueling concerns about forced conversions and their impact on the demographic composition.
Lack of Central Anti-Conversion Law
Currently, India lacks a central anti-conversion law. Efforts to legislate such laws at the national level have historically failed. Notable attempts include the Indian Conversion Regulation and Registration Bill of 1954, the Backward Communities (Religious Protection) Bill of 1960, and the Freedom of Religion Bill of 1979. None of these bills passed in the Parliament.
In 2015, the Law Ministry suggested handling the issue at the state level since law and order are state subjects. Consequently, several states have enacted their own anti-conversion laws. Odisha was the first state to implement such a law in 1967, followed by Madhya Pradesh in 1968, and Arunachal Pradesh in 1978. More recent laws include those in Chhattisgarh (2000, amended in 2006), Gujarat (2003), Himachal Pradesh (2006, amended in 2019), Jharkhand (2017), and Uttarakhand (2018).
These state laws vary in their provisions. For example, Chhattisgarh’s Freedom of Religion Act of 2006 includes a jail term of up to three years, while Haryana’s law provides a jail term of one to five years and a fine of ₹1 lakh. The Odisha Freedom of Religion Act, 1967, mandates a jail term of up to one year and a fine of ₹5,000.
International Perspectives on Anti-Conversion Laws
Globally, anti-conversion laws differ significantly. Algeria’s constitution establishes Islam as the state religion and enforces a law with a five-year prison sentence for attempting to convert Muslims. Bhutan introduced a law in 2011 prescribing a three-year prison term for such activities. In the United Arab Emirates, leaving Islam is illegal, and individuals attempting to do so can face the death penalty.
Conclusion
The Allahabad High Court’s ruling underscores the contentious issue of religious conversions in India and the potential demographic implications. While the lack of a central anti-conversion law persists, various states have implemented their own measures to address the issue. The debate over religious freedom and conversion remains a significant aspect of India's socio-political landscape.
Post a Comment