The Preamble of the
Indian Constitution has the word "secular", and articles 25 to 28 implying that the State will not discriminate, patronise or meddle in the profession of any religion. However, it shields individual religions or groups by adding religious rights as fundamental rights. Article 25 says "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health". Further, Article 26 says that all denominations can manage their own affairs in matters of religion. All these rights are subject to be regulated by the State. Article 25 (2b) uses the term "Hindus" for all classes and sections of
Hindus,
Jains,
Buddhists and
Sikhs. However, the same article also guarantees the right of members of the Sikh faith to bear a
Kirpan. Religions require no registration. The government can ban a religious organisation if it disrupts communal harmony, has been involved in terrorism or sedition, or has violated the Foreign Contributions Act. The government limits the entry of any foreign religious institution or missionary and since the 1960s, no new foreign missionaries have been accepted though long term established ones may renew their visas.
Many sections of the law prohibit hate speech and provide penalties for writings, illustrations, or speech that insult a particular community or religion. Some major religious holidays like
Diwali (Hindu),
Christmas (Christian),
Eid (Muslim) and
Guru Nanak's birth anniversary (Sikh) are considered national holidays. Private schools offering religious instruction are permitted while government schools are non-religious. The government has set up the
Ministry of Minority Affairs, the
National Human Rights Commission (NHRC) and the
National Commission for Minorities (NCM) to investigate religious discrimination and to make recommendations for redressal to the local authorities. Though they do not have any power, local and central authorities generally follow them. These organisations have investigated numerous instances of religious tension including the implementation of "anti-conversion" bills in numerous states, the 2002 Gujarat violence against Muslims and the 2008 attacks against Christians in Orissa. For
Shia Muslims, the
Grand Ashura Procession In Kashmir where they mourn the martyrdom of
Husayn ibn Ali has been banned by the
Government of Jammu and Kashmir from the 1990s. People taking part in it are detained, and injured by
Jammu and Kashmir Police every year. According to the government, this restriction was placed due to security reasons.
Post-independence state laws The Article 25 of the Indian Constitution is a basic human right guarantee (see Articles 18 and 19 of the
Universal Declaration of Human Rights) that cannot be subverted or misinterpreted in any manner. Anti-conversion laws are promulgated on the premise that forced or induced conversions happen and need to be prevented. A consolidation of various anti-conversion or so-called "Freedom of Religion" Laws has been done by the All Indian Christian Council. Several Indian states passed
Freedom of Religion Bills primarily to prevent people from converting to Christianity. Orissa was the first state to bring such law named as 'Orissa Freedom of Religion Act, 1967'. It was followed by
Madhya Pradesh in 1968 and
Arunachal Pradesh in 1978. Christians protested against this saying that propagation of their faith was an important part of Christianity. Both laws enacted by the Orissa and Madhya Pradesh high courts were challenged stating Article 25 of the Constitution. The Supreme Court supported the laws saying, "What is freedom for one is freedom for the other in equal measure and there can, therefore, be no such thing as a fundamental right to convert any person to one's own religion".
Chhattisgarh in 2000 and
Gujarat State in 2003 passed anti-conversion laws that prohibit forced or money induced conversions. In July 2006, the
Madhya Pradesh government passed legislation requiring people who desire to convert to a different religion to provide the government with one month's notice, or face fines and penalties. In August 2006, the
Chhattisgarh State Assembly passed similar legislation requiring anyone who desires to convert to another religion to give 30 days' notice to, and seek permission from, the district magistrate. In February 2007,
Himachal Pradesh became the first
Congress Party-ruled state to adopt legislation banning illegal religious conversions. It was followed by
Rajasthan in 2008, but it has still not become an act. So total there are 10 states where freedom of religion bill has become an act- Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana,Himachal Pradesh, Uttarakhand, Uttar Pradesh and Jharkhand. In 2013, the
Bharatiya Janata Party general secretary
Venkaiah Naidu has declared that his party would bring anti-conversion laws nationwide if his party is elected to power in 2014. The
US State Department has said that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as gradual rise in
Hindutva.
Madhya Pradesh Freedom of Religion Act of 1968 The Niyogi Committee (1954) set up by the Congress government in
Madhya Pradesh alleged that Christian missionaries were creating 'a state within a state' and observed that the 'philanthropic activities of Christian missionaries are a mask for proselytization.' Missionary work was also opposed by the
Sangh Parivar. The Madhya Pradesh Assembly rejected the Freedom of Religion Bills of 1958 and 1963. However, this bill was passed in 1968 as 'The Freedom of Religion Act.' The
Madhya Pradesh 'Freedom of Religion Act' requires that a convert produce a legal affidavit that s/he was not under any pressure, force, or allurement to convert but was converting by own will and desire after evaluating the religion properly. Also according to this law, anyone who writes or speaks or sings of 'divine displeasure' (with an intention to induce
forced conversion by means of threat) can be imprisoned for a period of up to two years and fined up to five thousand rupees.
Orissa Freedom of Religions Act of 1967 The
Orissa Freedom of Religions Act of 1967 states that "no person shall convert or attempt to convert either directly or otherwise any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion". Contravention of this law was punishable with imprisonment of up to one year and/or a fine of up to Rs 5,000. In the case of a minor, a woman, or a person belonging to a Scheduled Caste or Tribe, the punishment was up to two years of imprisonment and the limit of the fine raised to Rs. 10,000. The Orissa High Court, however, struck down the Act as ultra vires of the Constitution on the ground that the state legislature did not have the right to legislate matters of religion. The same year, the state of
Madhya Pradesh also enacted the
Madhya Pradesh Freedom of Religion Act as seen above. However, the
Madhya Pradesh High Court, in contrary to the Orissa High Court, negated the challenge of some Christians that the Act violated their fundamental right as provided under Article 25 of the Constitution. The decisions of both the Courts were challenged before the Supreme Court. The Supreme Court upheld the decision of the
Madhya Pradesh High Court and reversed the decision of the Orissa High Court.
Arunachal Pradesh Freedom of Religion Act of 1978 The Arunachal Pradesh government enacted this Act to protect the tribals of Arunachal Pradesh from forced conversions of any kind. It reads: 3) Prohibition of forcible conversion. No person shall convert or attempt to convert, either directly or otherwise any person from indigenous faith by use of force or by inducement or any fraudulent means nor shall any person abet any such conversion. 4) Punishment of Contravention of the Provision of Section. Any person contravening the provisions contained in Section 2, shall without prejudice to any civil liability, be punishable with imprisonment to the extent of two (2) years and fine up to ten thousand (10, 000) rupees. (i) whoever converts any person from his indigenous faith to any other faith or religion either by himself performing the ceremony for such conversion as a religious priest or by taking part directly in such ceremony shall, within such period after the ceremony as may be prescribed, send an intimation to the Deputy Commissioner of the District to which the person converted belongs, of the fact of such conversion in such forms as may be prescribed.
Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002 The Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002 stated that 'No person shall convert or attempt to convert directly or otherwise any person from one religion to another either by use of force or by allurement or by any fraudulent means.' However, soon after the defeat of the
Bharatiya Janata Party-led coalition in the 2004 elections, the Tamil Nadu Government led by Jayalalitha repealed the law in June.
Jharkhand Freedom of Religion Act, 2017 Jharkhand passed an anti-conversion law in 2017.
Uttarakhand Freedom of Religion Act, 2018 Uttarakhand passed an anti-conversion law in 2018.
Uttar Pradesh Unlawful Conversion Prohibition Ordinance, 2020 Karnataka On 15 Oct, 2021, the
CM of Karnataka, Mr
Basavaraj Bommai ordered a survey into "unauthorised" Christian missionaries, in a bid to introduce an
anti-conversion law in
Karnataka state. On 23 December 2021, the
Basavaraj Bommai ministry approved and passed the
Karnataka Protection of Right to Freedom of Religion Act, 2021 in the
Karnataka Legislative Assembly.
The Haryana Prevention of Unlawful Conversion of Religion Bill-2022 The Haryana State Assembly passed the Haryana Prevention of Unlawful Conversion of Religion Bill, 2022, against religious conversion by allurement, coercion or fraudulent means. ==2020s==