Anti-Conversion Laws in India: Fact vs Fiction?
India Legal|September 06, 2021
The legislation has stringent provisions against any individual or institution indulging in forcible religious conversion by marriage. The Gujarat High Court is hearing two petitions that have challenged the newly enacted amendment. What are the legal issues at stake?
Dr Swati Jindal Garg
Anti-Conversion Laws in India: Fact vs Fiction?

Freedom to practice one’s own religion has been a fundamental right that every citizen of India is given under our Constitution. However, just like nothing in life is constant except change, a person has also been given the right to choose the religion that he wants to practice, and if for this purpose, he takes up the option of converting to another religion at some point in his life, then the same should be allowed to him as a part of his fundamental rights. This issue wherein the right to freedom of religion is also said to include the right to convert has been taken up time and again in the Indian courts.

The Gujarat Legislative Assembly recently amended the freedom of religion legislation, which penalises forcible or fraudulent religious conversion by marriage. The Gujarat Freedom of Religion (Amendment) Act, 2021, was passed, which prohibits forcible religious conversion by marriage and the same came into force from June 15, 2021. This stringent legislation was passed in the Gujarat assembly on April 1, 2021, with a majority vote after a marathon debate amid opposition by members of the Congress who termed the Bill as one with “political agenda”.

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