Context

The Ministry of Home Affairs has added that “the Right to freedom of religion does not include a fundamental right to convert people to a particular religion”.

Right to Freedom of religion in India:

• The Indian Constitution allows individuals the freedom to live by their religious beliefs and practices as they interpret these.
• In keeping with this idea of religious freedom for all, India also adopted a strategy of separating the power of religion and the power of the State
• Constitutional Provisions:
• Article 25: Freedom of conscience and free profession, practice, and propagation of religion
• Article 26: Freedom to manage religious affairs
• Article 27: Freedom to pay taxes for the promotion of any particular religion
• Article 28: Freedom to attend religious instruction or worship in certain educational institutions.

Issues

• Threats of forceful conversion.

• The problem of Inducement or allurement.
• Vulnerable Groups: Tribals, adolescents, women, unaware people especially in Rural areas

Supreme Court Judgements on Marriage and Conversion:

• Hadiya Judgement 2017:
  • Matters of dress and of food, of ideas and ideologies, of love and partnership, are within the central aspects of identity.
  • Neither the State nor the law can dictate a choice of partners or limit the free ability every person to decide on these matters.
  • The principle that the right to marry a person of one’s choice is integral to Article 21.
• The Supreme Court of India, in both the Lily Thomas and Sarla Mudgal cases, has confirmed that religious conversions carried out without a bona fide belief and for the sole purpose of deriving some legal benefits do not hold water.
• Salamat Ansari-Priyanka Kharwar case of Allahabad High Court 2020:The right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty (Article 21).

S. Puttaswamy or ‘privacy’ Judgment 2017: Autonomy of the individual was the ability to make decisions in vital matters of concern to life.