Constitution of India: Are Forced Conversions Legal?

In a country like India, which is a melting pot of religious and cultural diversity, religious conflicts are not uncommon. Thousands of Indians are killed in riots that break out due to communal tensions. Instances of Hindus being forcefully converted to other religions have been condemned by most organizations. Force in any form, whether it is by threat, fear, force or economic offers, is not considered legal. The Constitution of India has established the country as a secular one.

Further, Article 25 of the Constitution of India treats the practice of forced conversion as not only illegal, but also unethical. The right to freedom of religion is elucidated in Article 25. It allows every Indian with the freedom to practice and preach any religion they choose to follow.

Constitution of India: Forced Religious Conversions

Forced conversions are illegal as per the Constitution of India. In Rev Stainislaus v. State of M.P. AIR 1977 SC 908, the validity of the Orissa Freedom of Religion Act, 1967 and the Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968, was challenged.

The petitioner claimed that these Acts violated his right to freedom of religion, as provided under the Article 25 of the Constitution of India. Another contention was that only the Parliament is authorized to enact such a law and not the State Government, because it is covered under the Entry 97 of List I.

In the aforementioned case, the Supreme Court dismissed the application and held that the Acts fell within the jurisdiction of Entry I of List II as they intend to prevent disruptions to public order, caused due to forced religious conversions. Any law that bars forced religious conversions in public interest shall be valid. Further, the term ‘public order’ was defined by the court as anything that not only affects an individual, but also disturbs the community as a whole.

Constitution of India: No Tandava Dance, Says SC

Another landmark case is that of Acharya Jagdishwaranand Avudhuta v. Commissioner of Police, Calcutta, (1984) 4 SCC 522. This case is not related to forced conversions but to processions that are forced on people.

In this case, the Supreme Court held that the performing the ‘tandava dance’ with fatal weapons and human skulls in processions or at public places, by the Ananda Margis, could not be considered as an essential ceremony of their religion.

The Supreme Court held that prohibition of such demonstration in consonance with section 144 of the Criminal Procedure Code was justified. It was declared that such an order does not violate the right to freedom of religion as guaranteed under the Constitution of India.

The order of the Supreme Court did not ban the demonstrations or prayer gatherings of the Ananda Margis, but it prohibited possession of trishuls, daggers and skulls during the processions, so as to safeguard public interest.