At an event organised on the occasion of International Women’s Day (March 8), Madhya Pradesh Chief Minister Dr Mohan Yadav announced that the government will amend the Anti-Conversion Law to introduce death penalty for those who forcibly convert women to a different religion through coercion or allurements. Dr Yadav stated that the Madhya Pradesh Freedom of Religion Act, 2021, will be amended to include this provision.
Notably, Madhya Pradesh was the first state in India to introduce the death penalty as the maximum punishment for those convicted of raping or gang-raping minors up to the age of 12 years.
Madhya Pradesh is known for its women-centric schemes and initiatives, which have significantly impacted the lives of women. Among the most notable programs are the Ladli Lakshmi and Ladli Behna schemes, which have now been adopted almost in all Bharatiya Janata Party (BJP)-ruled states and even some opposition-ruled states.
While speaking at the event, Yadav expressed concern over women’s safety and forced religious conversions, stating, “The government is very strict against those who harm our innocent daughters. We have already made provisions for the death penalty in cases of rape. Now, a similar provision for capital punishment will be added to the Madhya Pradesh Freedom of Religion Act to prevent forced conversions.”
Rising cases of religious conversions across Bharat
It is important to note that cases of religious conversions, both in Madhya Pradesh and across India, are at an all-time high, leading to growing demands from various sections of society for stricter laws. Young school and college-going girls are among the most vulnerable. Many are lured in with false promises, only to be groomed and exploited later.
The modus operandi of such crimes often involve fake identities, deceptive social media accounts, and false claims of belonging to the same religion as the victim. Once trust is established, the process of grooming begins, starting from forcing the victim to follow Islamic rituals to eventually compelling her to convert. This pattern of exploitation is commonly referred to as “Love Jihad.”
The term Love Jihad generally refers to cases where a man poses as a Hindu to trap a non-Muslim woman, only to later force her to convert to Islam and follow Islamic practices. This is usually followed by Nikah, under Islamic law.
Organiser has been at the forefront of reporting on this pattern of crime since its emergence. Readers can refer to this detailed report covering 200 cases of Love Jihad reported in 2024.
What is the Madhya Pradesh Freedom of Religion Act?
The law, commonly referred to as ‘Anti-Conversion Law’ was originally enacted in 1968, to regulate forceful and allurement religious conversion. The act prohibits coercion, enticement, or deception which may lead to religious conversions. The purpose of these provisions are to safeguard people from being coerced or induced into a change of religion against their will. The main objective of prohibiting forced conversions is to protect one’s right to freedom of religion under Article 25 of the Indian Constitution, which provides freedom of conscience and free profession, practice, and propagation of religion. The Act treats conversion as a personal and voluntary act, and any effort to induce or coerce someone to convert is viewed as a criminal act under the law.
This Act provides tougher punishments in comparison to the previous act of 1968 for illegal conversions. Section 5 stipulates that a person who is convicted of converting another individual by misrepresentation, force, undue influence, coercion, fraud, allurement, or promise of marriage shall be imprisoned for a term of one to five years and shall also be liable for a minimum fine of Rs 25,000. If the converted person is a minor, female, or a member of a Scheduled Caste or Scheduled Tribe, then the punishment becomes imprisonment for a term between two and ten years, along with a minimum fine of Rs 50,000.
History of anti-conversion law in Bharat
The Indian Constitution grants its citizens several fundamental rights, one of the most important being the freedom of religion under Article 25. This Article ensures that every citizen has the freedom of conscience and the right to profess, practice, and spread their religion. However, a long-standing debate exists on whether the right to propagate religion also includes the right to convert others to one’s faith. This debate has led to multiple legal battles and court rulings, shaping India’s stance on religious conversions.
The issue first gained judicial attention when states like Odisha and Madhya Pradesh introduced anti-conversion laws to prevent forced religious conversions. Odisha passed the Orissa Freedom of Religion Act, in 1967, followed by Madhya Pradesh enacting the Dharma Swatantrya Adhiniyam, in 1968. Both laws aimed to regulate religious conversions and were challenged in court.
The Madhya Pradesh High Court upheld the validity of the anti-conversion law, stating that forced or fraudulent conversions violated an individual’s freedom of conscience. However, the Orissa High Court ruled that the state’s anti-conversion law was unconstitutional, arguing that Article 25(1) includes the right to convert others and that the state legislature could not restrict this right.
Due to these conflicting judgments, the matter reached the Supreme Court in 1977 in the landmark case Rev. Stanislaus v. State of Madhya Pradesh. A Constitution Bench, led by Chief Justice A.N. Ray, ruled that while Article 25(1) allows the spread of religion, it does not grant a fundamental right to convert others. The Court upheld both anti-conversion laws, reasoning that forced or induced conversions could disrupt public order and social harmony, and therefore, the state had the right to regulate them. The judgment emphasized that freedom of conscience applies to all citizens, and no one has the fundamental right to convert others. This ruling became a landmark decision in defining the legal framework around religious conversions in India.
How many states in India have anti-conversion laws?
Orissa Freedom of Religion Act, 1967 was the first anti-conversion law enacted in independent India. Under this Act, any person found guilty of forced religious conversion would face imprisonment of up to one year or a fine of up to Rs 5,000, or both.
The Arunachal Pradesh Freedom of Religion Act, 1978 was introduced to curb forced conversions in the state. Although the law was passed, it has not been implemented to date, and hence, no clear punishments have been imposed under this Act. However, the Act strictly prohibits conversions through force, fraud, or allurement.
The state of Chhattisgarh introduced the Chhattisgarh Religion Freedom (Amendment) Act, 2006, which strengthened the existing anti-conversion laws. According to this Act, any person found guilty of forced conversion would face imprisonment of up to three years and a fine of up to Rs 20,000. However, if the person being converted was a minor, woman, or belonged to a Scheduled Caste or Scheduled Tribe, the punishment increased to four years of imprisonment or a fine of up to Rs 100,000.
The Gujarat Freedom of Religion Act, 2003 was enacted to prevent forced religious conversions through allurement, fraud, or coercion. The Act imposes imprisonment of up to three years and a fine of up to Rs 50,000 for those found guilty of such conversions. However, if the converted person belonged to a minor, woman, Scheduled Caste, or Scheduled Tribe, the punishment increased to four years of imprisonment and a fine of up to Rs 100,000. The Act was further amended in 2021 to include marriage-related conversions, especially under the context of Love Jihad.
The Himachal Pradesh Freedom of Religion Act, 2006 was introduced to control forcible religious conversions. The Act clearly states that any person attempting to convert another individual through fraudulent means, force, or allurement shall be punished with imprisonment of up to two years or a fine of up to Rs 25,000. In cases where the victim was a minor, woman, or belonged to a Scheduled Caste or Scheduled Tribe, the punishment increased to three years of imprisonment and a fine of up to Rs 50,000.
In 2017, the Jharkhand Freedom of Religion Act, 2017 was enacted to curb forcible religious conversions. According to the Act, any person found guilty of forcing another person to convert shall face imprisonment of up to three years and a fine of Rs 50,000. In cases involving minors, women, or individuals from Scheduled Caste or Scheduled Tribe communities, the punishment increased to four years of imprisonment and a fine of Rs 100,000.
The Uttarakhand Freedom of Religion Act, 2018 was passed with the aim to regulate religious conversions and prevent conversions through marriage or allurement. According to the Act, any person found guilty of forced conversion shall face imprisonment of one to five years and a fine of Rs 25,000. In cases where the victim was a minor, woman, or belonged to a Scheduled Caste or Scheduled Tribe, the punishment increased to two to seven years of imprisonment and a fine of Rs 50,000.
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2020 was introduced to curb forced conversions through marriage or fraudulent means. The Act mandates that anyone found guilty of forced conversion could face imprisonment of one to ten years. In cases where the victim was a minor, woman, or from a Scheduled Caste or Scheduled Tribe, the punishment increased to two to ten years of imprisonment and a fine of up to Rs 100,000.
The Karnataka Protection of Right to Freedom of Religion Act, 2021 was introduced to prevent forced conversions through marriage, allurement, or fraudulent means. The Act clearly states that any person found guilty of forced conversion shall face imprisonment of three to five years and a fine of Rs 25,000. However, if the victim belonged to a Scheduled Caste, Scheduled Tribe, minor, or woman, the punishment increased to three to ten years of imprisonment and a fine of Rs 100,000. Additionally, mass conversions were made punishable with ten years of imprisonment or a fine of Rs 100,000.
The Haryana Prevention of Unlawful Conversion of Religion Act, 2022 was introduced to regulate religious conversions through marriage, coercion, or allurement. According to this law, any person found guilty of converting another person by force shall face imprisonment of one to five years and a fine of Rs 100,000. In cases where the victim was a minor, woman, Scheduled Caste, or Scheduled Tribe, the punishment increased to three to ten years of imprisonment and a fine of Rs 300,000.
Madhya Pradesh was the first state in India to introduce a law against forced religious conversions with the enactment of the Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968. If the Chief Minister’s proposal is implemented, Madhya Pradesh will become the first state in India to impose the death penalty for forced religious conversions. This move is being viewed as an effort to strengthen legal safeguards and protect vulnerable communities from coercive conversions.
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