{"id":2932,"date":"2014-10-09T08:48:23","date_gmt":"2014-10-09T08:48:23","guid":{"rendered":"http:\/\/vedkabhed.com\/index.php\/2014\/10\/09\/as-clamour-to-ban-conversion-grows-a-reminder-five-indian-states-have-already-done-so\/"},"modified":"2026-03-28T06:42:14","modified_gmt":"2026-03-28T06:42:14","slug":"as-clamour-to-ban-conversion-grows-a-reminder-five-indian-states-have-already-done-so","status":"publish","type":"post","link":"https:\/\/vedkabhed.com\/index.php\/2014\/10\/09\/as-clamour-to-ban-conversion-grows-a-reminder-five-indian-states-have-already-done-so\/","title":{"rendered":"As clamour to ban conversion grows, a reminder: five Indian states have already done so"},"content":{"rendered":"<p>This post has two articles<br \/>\n1 A<strong>s clamour to ban conversion grows, a reminder: five Indian states have already done so by Shoaib Daniyal<\/strong><br \/>\n2 <strong>Burning crops, boycott, fines: MP Dalit group\u2019s plan to fight conversion by Milind Ghatwai<\/strong><br \/>\nJharkhand cabinet approves anti-conversion bill; to be introduced in state Assembly this month<br \/>\n<a href=\"http:\/\/indianexpress.com\/article\/india\/jharkhand-cabinet-approves-anti-conversion-bill-to-be-introduced-in-state-assembly-this-month-4777587\/\">http:\/\/indianexpress.com\/article\/india\/jharkhand-cabinet-approves-anti-conversion-bill-to-be-introduced-in-state-assembly-this-month-4777587\/<\/a><br \/>\nCentre shuts down US-based Christian organisation alleging religious conversions<br \/>\n<a href=\"http:\/\/www.dnaindia.com\/india\/report-centre-shuts-down-us-based-christian-organisation-alleging-religious-conversions-2346516\">http:\/\/www.dnaindia.com\/india\/report-centre-shuts-down-us-based-christian-organisation-alleging-religious-conversions-2346516<\/a><br \/>\nCiting conversion, Bajrang dal goons pull out five women from train<br \/>\n<a href=\"http:\/\/www.asianage.com\/india\/all-india\/140617\/bajrang-men-pull-out-four-from-train.html\">http:\/\/www.asianage.com\/india\/all-india\/140617\/bajrang-men-pull-out-four-from-train.html<\/a><br \/>\n<strong>4 of a family arrested in Madhya Pradesh for illegally converting to Islam<\/strong><br \/>\nReports suggest that they were taken into custody after they told a court that they had not been forced into adopting another religion.<br \/>\nThey have been identified as dalits who were converted to Islam and are now forcing their wives to embrace the religion.<br \/>\nTularam Jatav, Keshav Jatav, Maniram Jatav and Makubhai Jatav have been arrested and booked under Sections 4 and 5 of the Act also known as Madhya Pradesh Dharma Swatantraya Adhinivam. The state\u2019s Freedom of Religion Act allows a person to convert after district administration verifies that it is not forced.<br \/>\n<a href=\"http:\/\/daily.bhaskar.com\/news\/MP-BHO-latest-news-four-of-a-family-arrested-in-madhya-pradesh-for-illegally-embracing--4734189-NOR.html\">http:\/\/daily.bhaskar.com\/news\/MP-BHO-latest-news-four-of-a-family-arrested-in-madhya-pradesh-for-illegally-embracing&#8211;4734189-NOR.html<\/a><br \/>\n&nbsp;<\/p>\n<h1>A<strong>s clamour to ban conversion grows, a reminder: five Indian states have already done so by Shoaib Daniyal<\/strong><\/h1>\n<h4>Orissa, Madhya Pradesh, Chhattisgarh, Gujarat and Himachal Pradesh have set a dangerously illiberal precedent.<\/h4>\n<p>In a recent <a href=\"http:\/\/www.firstpost.com\/india\/religious-conversion-really-fundamental-right-can-ban-1701877.html\" target=\"_blank\" rel=\"noopener noreferrer\">article<\/a>\u00a0on the First Post website titled &#8220;Is religious conversion really a fundamental right, or can we ban it? &#8220;, PhD student\u00a0Jaideep Prabhu pitches for a \u201ccomplete ban on proselytism and religious conversion\u201d. \u201cReligious liberty,\u201d he contends, renders \u201cDharmic systems\u201d unable to \u201ccompete as Abrahamic faiths do\u201d. Further, Western-style secularism in which there is a \u201cpreference shown towards the competition of ideas is nothing short of a cultural invasion\u201d.<br \/>\n<!--more--><br \/>\nThat in the 21st century, someone might be arguing against the \u201ccompetition of ideas\u201d seems to me remarkable. Somewhat more absurdly, Prabhu is unaware that his wish was granted three decades ago by the Supreme Court of India, which held that religious conversion was <em>not<\/em> a fundamental right (Stanislaus vs State of Madhya Pradesh).<br \/>\nIn fact, not only is religious conversion not a fundamental right, but in five states across India conversion is banned in all but name. In Orissa, Madhya Pradesh, Chhattisgarh, Gujarat and Himachal Pradesh the process of conversion is so regulated and policed that it is almost impossible to carry out.<br \/>\nA good example of the law at work was seen in Shivpuri, Madhya Pradesh, earlier this fortnight. Four Dalits <a href=\"http:\/\/indianexpress.com\/article\/india\/india-others\/sangh-re-converts-dalit-muslim-converts\/\" target=\"_blank\" rel=\"noopener noreferrer\">converted<\/a> to Islam as a reaction to the caste discrimination they faced. However, under the Madhya Pradesh Freedom of Religion Act (a suitably Orwellian name for a law that actually curbs religious freedom), a change of religion requires the permission of the state government. Not only were those four arrested, but Vishwa Hindu Parishad and Bajrang Dal activists ensured that they were reconverted to Hinduism. A number of applications for religious conversion now lie with the state government, which refuses to act on them, even as right-wing organisations <a href=\"http:\/\/indianexpress.com\/article\/india\/india-others\/burning-crops-boycott-fines-mp-dalit-groups-plan-to-fight-conversion\/\" target=\"_blank\" rel=\"noopener noreferrer\">discuss<\/a> punitive measures such as the destruction of standing crops and dispossession of land and other property for Dalits who dare to convert in the future. In Madhya Pradesh, it seems, conversions are banned if they take place away from Hinduism.<br \/>\n<strong>How this unfolded<\/strong><br \/>\nThere were no anti-conversion laws in British India. After Independence, the Lok Sabha debated two bills that sought to curb conversions, the Indian Conversion (Regulation and Registration) Bill of 1954, and, six years later, the Backward Communities (Religious Protection) Bill. While both bills had wide support, Nehru, playing his usual role as the one-man vanguard of Indian liberalism, saw that both were eventually binned.<br \/>\nPredicting the repressions such laws could engender, Nehru argued that these laws, \u201cwill not help very much in suppressing the evil methods [of gaining converts], but might very well be the cause of great harassment to a large number of people. Also, we have to take into consideration that, however carefully you define these matters, you cannot find really proper phraseology for them. The major evils of coercion and deception can be dealt with under the general law. It may be difficult to obtain proof but so is it difficult to obtain proof in the case of many other offences, but to suggest that there should be a licensing system for propagating a faith is not proper. It would lead in its wake to the police having too large a power of interference.\u201d<br \/>\nFoiled at the Centre, anti-conversion laws had greater success in the states. In 1967, Orissa, then ruled by the right-wing Swatantra Party, became the first state to enact a \u201cFreedom of Religion\u201d Law. Madhya Pradesh followed suit the next year, with Gujarat and Himachal Pradesh following with similar legislation. Chhattisgarh inherited Madhya Pradesh\u2019s law when the state was partitioned. Arunachal Pradesh also has an anti-conversion law on its books, but since the rules for the act haven\u2019t been framed, it remains a dead letter. The Rajasthan Assembly has already passed an anti-conversion bill that awaits the President\u2019s assent to be made into law. Interestingly, the laws in Himachal Pradesh and Arunachal Pradesh were promulgated by Congress governments, which shows how similarly the two big parties in India view this matter.<br \/>\nAll these state laws are remarkably similar in scope. None of the laws directly ban conversion. Instead they ban conversions by means of \u201cforce, allurement, inducement or fraud\u201d \u2013 but of course they leave these terms quite undefined, which gives the administration and its agents almost draconian powers.<br \/>\n<strong>Threat of divine displeasure<\/strong><br \/>\nFor example, \u201cforce\u201d also includes the \u201cthreat of divine displeasure\u201d. So, farcically, if a missionary informs a person that only Christians are allowed entry into heaven \u2013 a core part of the faith \u2013 that could also be construed as \u201cforce\u201d. This interpretation of \u201cforce\u201d was upheld by the Orissa High Court in Yulitha Hyde v. State of Orissa. It held that the &#8220;threat of divine displeasure numbs the mental faculty; more so of an undeveloped mind and the actions of such a person thereafter, are not free and according to conscience\u201d.<br \/>\nThat the Indian state believes it needs to take decisions because some of its people have \u201cundeveloped minds\u201d is symptomatic of much of the logic underwriting such legislation. Of course, all faiths offer carrots of reward and sticks of punishment. To lump these elements of a belief system under \u201cforce\u201d is, to <a href=\"http:\/\/www.india-seminar.com\/2003\/521\/521%20pratap%20bhanu%20mehta.htm\" target=\"_blank\" rel=\"noopener noreferrer\">quote<\/a> Pratap Bhanu Mehta, bizarre and shows that \u201canti-conversion legislation is illegitimately paternalistic\u201d.<br \/>\nAgain, \u201cinducement\u201d or \u201callurement\u201d is defined broadly to include \u201cthe offer of any gift or gratification, either in cash or in kind and shall also include the grant of any benefit, either pecuniary or otherwise\u201d (Orissa Freedom of Religion Act, 1967). This problematic definition was even noted by the High Court of Orissa in Yulitha Hyde vs State of Orissa and called out for its extremely wide scope. For example, any charitable work carried out by a religious organisation could come under a \u201cgrant of benefit\u201d, as would free education or healthcare. Unfortunately, in Stanislaus vs State of Madhya Pradesh (1977), the Supreme Court struck down the Orissa High Court\u2019s ruling and upheld this vague definition.<br \/>\n<strong>Vague definitions<\/strong><br \/>\nMatters reach a farcical crescendo when we come to \u201cfraud\u201d, however. None of the laws care to define fraud. In effect, under these acts, many religious tenets like \u201cAdam was the first man on Earth\u201d or \u201cNoah saved every species on the planet\u201d might legitimately be construed as \u201cfraud\u201d, since the speaker has no way of proving them in the material world.<br \/>\nTwo of these acts \u2013 Madhya Pradesh and Gujarat \u2013 even require prior permission from the state government <em>before<\/em> a conversion takes place. So, if on one fine day, a resident of Ahmedabad, decided to, say, convert from Islam to Rastafarianism in the privacy of his home, but did not take the state government\u2019s permission for this, as per the law of the land he could be imprisoned for up to three years. That Narendra Modi and Shivraj Chauhan think that citizens need the permission of the government in order to think their thoughts and adopt beliefs or ideas is an extremely disturbing development \u2013 one that strikes a particularly large nail into the coffin of Indian liberalism.<br \/>\nWhen these laws first came out in Orissa and Madhya Pradesh, they were immediately challenged in the courts. Matters eventually reached the Supreme Court in 1977, where in the landmark case, Stanislaus v. State of Madhya Pradesh, the court held that conversion, per se, is not a fundamental right under Article 25 and can be regulated by the state.<br \/>\n<strong>A core belief<\/strong><br \/>\nConversion is often a core part of religion. In fact, in Stanislaus v. State of Madhya Pradesh<em>, <\/em>if the Supreme Court had consulted the Constituent Assembly records it would have found that \u201cpropagation\u201d in Article 25 explicitly refers to the right to convert. An amendment to remove the word \u201cpropagation\u201d was even defeated in the Assembly. In fact, restricting conversion not only violates the right to religion but also the right to free speech. Moreover, the Universal Declaration of Human Rights ensures that a person\u2019s right to religion also includes the \u201cfreedom to change his religion or belief\u201c.<br \/>\nThe state has no business policing the religious beliefs of its citizens; neither is it in a position to allow or disallow a change of faith if India is to be a liberal state.<br \/>\n<strong>Escaping persecution<\/strong><br \/>\nMoreover, conversion is often an ennobling act, allowing individuals to escape persecution as well as acting as a reforming force for a religion as a whole. There is no better example of this than Ambedkar, who spent many years pushing Dalits to convert away from Hinduism. In a powerful speech to the Bombay Presidency Mahar Conference in 1936, Ambedkar declared that, \u201creligion is for man and not man for religion. For getting humane treatment, convert yourselves. Convert for getting organised. Convert for becoming strong. Convert for securing equality. Convert for getting liberty. Convert so that your domestic life should be happy.&#8221;<br \/>\nUnsurprisingly, the Shivpuri conversions were driven by caste oppression. Vindicating Ambedkar, the <em>\u201cghar vapsi\u201d<\/em> or reconversion ceremony was accompanied by promises from right-wing Hindu organisations that caste discrimination would end in the area. Across the world, laws and social conventions against apostasy exhibit a strong correlation with religious and social stagnation, as best illustrated in many parts of the Muslim world. For India to go down this path is alarming and, ultimately, foolish.<br \/>\nFinally, the fact that individuals can be legally tied down to their religion of birth and do not have the full freedom to make their own decisions is one in a long line of measures taken by the Indian state that treats the country as a conglomeration of communities and not of individuals. This is an extremely slippery slope to be on, one that the country must look to get out of.<br \/>\n<strong>SOURCE:<\/strong> http:\/\/scroll.in\/article\/679080\/as-clamour-to-ban-conversion-grows-a-reminder-five-indian-states-have-already-done-so<br \/>\n&nbsp;<\/p>\n<h2>Burning crops, boycott, fines: MP Dalit group\u2019s plan to fight conversion<\/h2>\n<p>The police had last week arrested four Dalits for converting to Islam without taking permission from district authorities as mandated by the Madhya Pradesh Freedom of Religion Act. More persons wanted to change their religion but their applications were rejected.<br \/>\nBrijesh Jatav and Sardar, who attended the meeting, told The Indian Express that several punitive measures were discussed. Destroying standing crops, dispossession of land and other property, ex-communication, fine to the tune of Rs 10,000 and possible conversion to Buddhism were among the measures discussed.<br \/>\nPurohit and Manoj Sharma, another activist who organised Thursday\u2019s reconversion event, said Hindu bodies were against the idea of ex-communication saying it would not serve as a deterrent because those who convert to Islam anyway sever ties with their community.<br \/>\n<strong>Source: <\/strong><a href=\"http:\/\/indianexpress.com\/article\/india\/india-others\/burning-crops-boycott-fines-mp-dalit-groups-plan-to-fight-conversion\/\">http:\/\/indianexpress.com\/article\/india\/india-others\/burning-crops-boycott-fines-mp-dalit-groups-plan-to-fight-conversion\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>This post has two articles 1 As clamour to ban conversion grows, a reminder: five Indian states have already done so by Shoaib Daniyal 2 Burning crops, boycott, fines: MP Dalit group\u2019s plan to fight conversion by Milind Ghatwai Jharkhand cabinet approves anti-conversion bill; to be introduced in state Assembly this month http:\/\/indianexpress.com\/article\/india\/jharkhand-cabinet-approves-anti-conversion-bill-to-be-introduced-in-state-assembly-this-month-4777587\/ Centre shuts &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-2932","post","type-post","status-publish","format-standard","hentry","category-politics"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.9 - 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