EXPLORING THE LEGALITY OF RELIGIOUS CONVERSION

Introduction

Religious conversions have become much of a debated topic in contemporary India, more
specifically due to enforcement of anti-conversion laws by some states. Also, Supreme court
is recently hearing a PIL against forced conversion. Therefore, in light of these raising issues
regarding conversions it gets important to distinguish legal conversions from forceful ones
and understand the role of state in curbing forceful conversions.

Religious Conversions

Religious conversion refers to change in religion and adoption of values of one particular
religious denomination while excluding other denominations. It means breaking abandoning
from one denomination and connecting to other by adhering to its principles and following its
tenets.

Reasons for religious conversion

There are several reasons for which people can convert from one religion to other including:
“active conversion by free choice due to a change in beliefs, secondary conversion, deathbed conversion,
conversion for convenience and marital conversion a n d forced conversion such as conversion by
violence or charity.” 1

In his article Freedom of Religion and Right to Conversion the writer has explored following reason for
conversion. A person can also change religion with the conviction that the religion he was born into has not
met his spiritual expectations. A person may lose faith in his own religion due to the strict tenets and practices
and may embrace some other religion which would provide better spiritual well-being or fulfil his aspirations.
Sometimes a person may wish to change their religion without any particular reason. Therefore, it not always
required to have a reason for change in religion it can depend on the personal thoughts and beliefs of the
convert.

However, there are some special reasons for conversions in India, often these conversions are done for trivial
reasons like polygamy, admission in institutions affiliated to particular religion, converting to casteless
religions for social dignity, for economic and other religious benefits.

1
Falkenberg, Steve. "Psychological Explanations of Religious Socialization." Religious Conversion. Eastern
Kentucky University. August 31, 2009.
Legality of religious conversions

Article 18 of the Universal Declaration of Human Rights and other international conventions on human rights
mention right to freedom of religion being inclusive of right to change the religion or belief as per the choice of
individual and freely practice it.

Preamble to the constitution provides the citizens with the “liberty of thought, expression, belief, faith, and
worship.”2 This liberty in exercise also includes the freedom to follow any religions faith and beliefs,
supporting conversion.

Article 25-28 in Third part of the constitution of India mentions makes right to freedom of religion as a
fundamental right. Article 25 states “Freedom of conscience and free profession, practice and
propagation of religion Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of conscience and the right
freely to profess, practise and propagate religion.” However, the liberty granted through this
right not being absolute can be curbed in order to maintain the peace and tranquillity and
health of the society. Also, clause (2) of the article provides the state with power to intervene
and regulate any economic, financial, political or other secular activity related with the
practice of religion. Article 26 provides any person or organization to independently manage
their sacred activities provided they are subjected to certain restrictions. Analysing these
articles from the constitution it can be inferred that the freedom to choose own ethics and
values and the right to follow any religion indicates freedom to convert religion also.3

Since Article 25 allows for activities for spread of any religion, it becomes important to
understand whether the right to conversion comes within the ambit of right to propagation.
Propagation of any religion means spreading the religious ideas in a way attracting other
religion followers to the tenets and beliefs of their religion. Whereas conversion means
change in religion of a person by leaving one religion and following other for some reason.
At the time of framing the Indian constitution earlier it allowed for ‘conversion’ but later in
the final draft the word was replaced by ‘propagation’ following the recommendations of the
Sub-committee on minorities.

3
Law Commission of India, Conversion/reconversion to another religion - mode of proof (Law Com No.235
2010) < https://lawcommissionofindia.nic.in/report_nineteenth >
Does right to propagate includes right to convert?

The constitution does not explicitly allow for religious conversion but in the case of Rev.
Stanislaus vs State of Madhya Pradesh 4 the Supreme court elaborated on propagation as:

“The word 'propagate' has been used in the Article as meaning to transmit or spread from
person to person or from place to place. The Article does not grant right to convert other
person to one's own religion but to transmit or spread one's religion by an exposition of its
tenets. The freedom of religion enshrined in Art. 25 is not guaranteed in respect of one
religion only but cover all religions alike which can be properly enjoyed by a person if he
exercises his right in a manner commensurate with the like freedom of persons following
other religion.”

Through this the Supreme Court made it clear that no one has a fundamental right to convert the religion of
other person for everyone has their freedom of conscience to follow any or no religion of their choice.
Religious conversion is legal when it as per the free will of the converter, without any coercion, allurement or
fraudulent means.

The court in this case also cited a previous judgement of Ratilal Panachand Gandhi v. The State of
Bombay & Ors5, where it emphasised on a person right to propagate saying that the persons
freedom of religion is not confined to following the beliefs approved by his judgement and
conscience but also has a right to perform such acts which are sanctioned by his religion and
further spread them to others.

Thus, it can be concluded that under Article 25 right to spread religious beliefs does not
include right to convert because propagation by any means does not includes persuading any
person to convert to their religion.

Legal procedure for conversion

For a conversion to be legal it is required that it shall be with bona fide intentions and in good
belief. The 235th Law commission report in detail discusses the issue of legality of
conversion. The committee in depth researched about what shall be the procedure for a lawful
conversion and made recommendations, looking into various pronouncements of the
Supreme Court regarding conversions it was derived that there is no formal procedure for

4
AIR (1977) SC 908
5
AIR (1954) SC 391
conversion. Supreme court in cases like Perumal Nadar (dead) by Legal Representative v.
Ponnuswami Nadar (minor)6 the proposition of no formal procedure needed for conversion
was given strength. Similarly in the case Sujatha v. Jose Augustine7 the Karnataka high court
made a judgement that merely converting to Christian religion by following the proposition
would not suffice for real conversion, it has to be mind and thoughts. No specific
ceremonious purification is required , genuine intention of the reconvert is enough to
effectuate conversion. In Kailash Sonkar vs. Smt. Maya Devi 8 the SC reiterated that although
no formal purification ceremonies are required but there shall be some credible evidence to
proof the conversion is bona fide. Also, there can be some specific ceremonious procedure
for conversion to an individual religion which a person may have to comply with his own
will.

Some states in order to protect the individuals right to religion have enacted anti-conversion
laws punishing unlawful conversions. These acts made it obligatory on the convert to
intimate the District Magistrate about the conversion within a stipulated time by filing a
declaration and registering their conversion.

The general procedure includes an intimation in the government gazette, publishing an

Conclusion

India is a country with diverse religion and in 1976 through an amendment in the preamble of
constitution India was made a ‘secular’ country. The Right to freedom of religion is a
fundamental and people of the liberty to choose their own religion.

Matters related to religion including conversion and reconversions are governed by personal
laws, but the Parliament has power to make laws to maintain public order. Conversion with
bona-fide intention and in good faith are legal, but when it through means of force, threat,
gratification or any other treacherous means then it is illegal and punishable offence. The
state has power to make laws to punish forced conversion. Also, right to conversion is not a
fundamental right as propogation doesn’t means conversion.
6
AIR (1971) SC 2352
7
II (1994) DMC 442
8
AIR (1984) SC 600