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Be cautious on conversion laws

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Jul 31, 2024 08:43 PM IST

Forced conversions should be prosecuted to the fullest extent of the law, but given interfaith couples often risk their lives to exercise their constitutional freedoms, the government should stand with them, and against vigilantism.

When Uttar Pradesh first enacted a law against forced conversions in 2021, this newspaper sounded a warning. Under the Constitution, the right to freedom of religion is a fundamental right, which requires the State to shield people from harassment and violence by vigilante groups who want to enforce dominant cultures and faiths. The government, therefore, must strike a careful balance between prosecuting people who compel someone to change their faith, and discouraging unnecessary rabble-rousing in the name of conversion, this newspaper said. Unfortunately, when the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Bill came into effect, top politicians and government functionaries repeatedly cited unproven allegations of “love jihad” — a term used by Right-wing groups to describe interfaith relationships between Muslim men and Hindu women — as a key reason behind the law.

This week, India’s most-populous state has added more teeth to the 2021 law, making all offences under it non-bailable and increasing punishments for an array of crimes. (PTI Photo)(PTI07_29_2024_000307B) (PTI)
This week, India’s most-populous state has added more teeth to the 2021 law, making all offences under it non-bailable and increasing punishments for an array of crimes. (PTI Photo)(PTI07_29_2024_000307B) (PTI)

This week, India’s most-populous state has added more teeth to the 2021 law, making all offences under it non-bailable and increasing punishments for an array of crimes. This comes against the backdrop of a tussle for power within the Bharatiya Janata Party (BJP), which is still coming to terms with its underwhelming Lok Sabha showing in India’s most politically important state. Another recent directive ordering shops and eateries on the Kanwar Yatra route to display names and details of owners was similarly controversial and was temporarily suspended by the Supreme Court. This has created the perception that the state government is attempting to take a hardline stance on issues of faith and majoritarianism at a time of political turmoil, and ahead of key assembly bypolls that are being watched by political opponents of the BJP, as well as rival power centres within.

In making the changes, the government appears to have paid little heed to the numerous reports of harassment and violence against interfaith couples who say that vigilantes are weaponising the criminal justice system to subvert constitutional freedoms. In a country where social censure of interfaith matches is severe, allowing anyone to file a complaint, not just the family of the alleged victim, under the bolstered law can further curtail already precarious individual freedoms. Forced conversions should be prosecuted to the fullest extent of the law, but given interfaith couples often risk their lives to exercise their constitutional freedoms, the government should stand with them, and against vigilantism.

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