Conversion of Religion in India - Religious Certificate
Indian cultures, languages, and religions have always been known for their diversity. It is evident that it is the birthplace of four major religions in the world: Hinduism, Buddhism, Jainism, and Sikhism. Through the 42nd Amendment Act of 1976, the Constitution was amended in 1950 to declare India a secular state, which means that every citizen has the right to practice any religion they wish without discrimination. Religion freedom is protected by the Constitution of India as a fundamental right that assures freedom of conversion as a matter of freedom of religion. However, one may wonder whether or not these religious conversions are effectively protected under conversion of religion as far as their validity is concerned? It is the main objective of this article to explain what is meant by freedom of religion under the fundamental right of freedom of religion and to answer as many questions as possible in the context of religious conversions.
Religious Freedom in India
The Constitution of India, Part III, guarantees a number of fundamental rights. The right to freedom of religion is provided within the Irish Constitution in Articles 25 - 28 and is largely based upon it. Under Article 25(1) of the Constitution, everyone is equally entitled to freedom of conscience, in addition to their freedom to practice their religion on a private basis under the circumstances, and to their freedom to freely profess, practice, and propagate their religion subject to public order, morality, and health. Hence, as can be seen from the words of article 25(1), these rights are not restricted only to Indian citizens, but also extend to all individuals and institutions, whether they are individuals exercising their rights individually or through institutions, or whether or not they belong to a religious minority. No matter what the existing law is or whether the state has the power to pass a law, Clause(2) of this article will not affect the operation of any existing law. Generally, it refers to the interference of states in any organization or activity that has to do with religious practice, politics, economics, or social welfare.
A religious denomination or section has the right to run or manage religious affairs according to the provisions of Article 26, up to and including public order, morality, and health, but may not violate them. There is no absolute right or wrong in both Articles 25 and 26; these principles are more likely to be subject to certain limitations through which the country can be ensured of its security, morality, and peace. In situations where, for example, sati is practiced under the banner of religious freedom, example, a solemn agreement cannot be signed.
Changing one's religion
Unlike most countries, India does not have a state religion nor does it promote any one religion in particular. It is generally believed that religions are mainly a matter of faith, a matter of choice, and sets of beliefs. According to Webster's Comprehensive Dictionary, religion is defined as a belief or way of life that binds the spiritual nature of man to a transcendent deity, as an emotional attachment and sense of responsibility, together with the feelings and actions that naturally result from such a belief. A person should be able to choose the religion that he or she believes is most appropriate for themselves.
For this reason, the Indian Constitution proclaims everyone's right to profess, practice, and propagate whatever religion they wish. A religious conversion can be defined as a process in which a person adopts an alternative religion or a set of beliefs by means of exclusion of an existing religion, i.e. renouncing their previous faith and adopting a new one. Religious conversion in India is considered one of the most high-profile topics in both society and politics. Many reasons exist for why people choose to convert from one religion to another, such as:
- There are voluntary conversions, that is conversions that have been made by free choice or because of a change of belief.
- Convictions that took place under coercion, undue influence, or inducement, and which were intended to force conversions.
- In other words, conversion due to marriage is a form of conversion.
- As a convenience, conversion is made.
What can be done about people who force conversions?
In terms of federal law, India does not have any law which stipulates any kind of sanction in the event of forcible conversions. In 1954, the Indian Conversion Bill (regulation and registration bill) was attempted to be passed by the Parliament, however, the bill was not approved due to heavy opposition from the Indian community. There were later various attempts to achieve this goal at the level of the state. As early as 1968, some acts were passed in Orissa and Madhya Pradesh to prevent the practice of forcible conversions done by force or inducement. The anti-conversion law in Orissa specifies that any person who converts forcibly will be imprisoned for a maximum period of two years and fined a maximum of Rs. 10,000 as punishment in case of forced conversion. There had already been several other states like Tamil Nadu and Gujarat that had passed similar laws that made forced conversions a cognizable offense under sections 295A and 298 of the Indian Penal Code, 1860, in the same way as Tamil Nadu and Gujarat had done. As a result of these provisions, any person who is found guilty of committing forceful conversion shall be punished with imprisonment for a term that can be extended up to three years and a fine in addition to imprisonment.
In terms of federal law, India does not have any law which stipulates any kind of sanction in the event of forcible conversions. In 1954, the Indian Conversion Bill (regulation and registration bill) was attempted to be passed by the Parliament, however, the bill was not approved due to heavy opposition from the Indian community. There were later various attempts to achieve this goal at the level of the state. As early as 1968, some acts were passed in Orissa and Madhya Pradesh to prevent the practice of forcible conversions done by force or inducement. The anti-conversion law in Orissa specifies that any person who converts forcibly will be imprisoned for a maximum period of two years and fined a maximum of Rs. 10,000 as punishment in case of forced conversion. There had already been several other states like Tamil Nadu and Gujarat that had passed similar laws that made forced conversions a cognizable offense under sections 295A and 298 of the Indian Penal Code, 1860, in the same way as Tamil Nadu and Gujarat had done. As a result of these provisions, any person who is found guilty of committing forceful conversion shall be punished with imprisonment for a term that can be extended up to three years and a fine in addition to imprisonment.
How does the Law respond to those who convert for wrongful gain?
The people who convert their religion to another religion for other trivial reasons have been seen to do so before, which include polygamy, getting reservation benefits, gaining admission benefits in some institutions that favor people belonging to a specific religion only, and divorces, for example. Do such people fall under the law? It is worth mentioning that some landmark judgments have been issued in this regard. A Hindu man who converted from his religion to Islam and married a polygamous second wife has been found not guilty of committing a crime by the court in Smt Sarla Mudgal, President Kalyani, and others vs. UOI and others. Under section 17 of the Hindu Marriage Act, 1955, the Supreme Court has held that such marriages will be void on the grounds of bigamy and the person who performed such a marriage will be prosecuted under section 494 of the Indian Penal Code, 1860 for the offense of bigamy. The conversion to Islam done for polygamous purposes will also not be considered a valid conversion, since it is done with the purpose of establishing a joint family. It follows that if the conversion has been made for the benefit of wrongful gain, then such a conversion is not considered to be valid. Accordingly, the same rationale was provided in the case of Lily Thomas, Etc. vs. Union of India & Ors. It appears that, in the case of Fayzer Ahmed vs. Malviya, the respondent converted to Islam in order to become a member of the library at the Jama Masjid. A court declared that the conversion was invalid, as it was only for the purpose of gaining wrongful gain from it. It would very likely be considered invalid to make any conversion for any wrongful profit in this instance.
How does India handle religious conversions legally?
It is not governed by any law if a person decides to change religion to another one. In the plethora of cases that have been decided by the Supreme Court, many of which hold that conversions do not require the processing of any particular legal paperwork, formalities, religious certificate, or ceremonies. Earlier this year it was decided that in the case of Perumal Nadar (dead) by his Legal Representative v. Ponnuswami Nadar (minor), it was held that there is no formal ceremony of purification that is necessary to effect the conversion of the deceased.
It is not necessary for a person to convert to a different religion in order to do so. In other words, it does not amount to a conversion if a mere declaration has been made orally or in writing. As a prerequisite for conversion, one needs to have a credible intention of converting followed by definite overt acts to execute that intention. To reach the conclusion that genuine conversion occurs, it is necessary to have a bona fide intention, followed by subsequent conduct which clearly expresses that intention.
Once the conversion of religion has taken place, then it must be officially notified in the Government Gazette in order that the converted religion can also be mentioned in all the legal documents of the converted religion. In the matter of Kailash Sonkar vs. Smt. For the reconversion of the Maya Devi case, the Supreme Court adopted the same approach. It is possible for clergy members of a certain association to convert their faith so long as the district magistrate gives them permission to do so. In the absence of any statutory provision, the Registration Officer is forced to make a decision as to whether or not conversion took place before he or she can proceed with taking the necessary action.
A person who is interested in converting to another religion may do so by complying with the personal laws of the religion they are interested in converting to. At the time of conversion, various personal laws provide a description of the steps & rituals that need to be followed in a specific way in order for the conversion to take place.
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