PRS · Parliamentary Affairs ·

Anti-Conversion Legislation: Comparison of the UP Ordinances with other state laws

Distilled Policy Brief

  • Several states in India, including Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand, have enacted Freedom of Religion legislation to restrict conversions carried out by force, fraud, or inducements.
  • The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and the Madhya Pradesh Freedom of Religion Ordinance, 2020 regulate religious conversions and prohibit conversions through means such as force, misrepresentation, undue influence, allurement, fraud, or marriage.
  • The Constitution guarantees the freedom to profess, propagate, and practise religion subject to public order, morality, and health, while no central legislation or parliamentary competence currently exists to restrict religious conversions.

🎯 Prelims High-Yield Examination Points

Article 25 of the Constitution guarantees freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health. There is no central legislation regulating religious conversions, and states have enacted their own Freedom of Religion legislations.

⚖️ Mains Analytical & Syllabus Linkages

Analyze the constitutional validity, implications on fundamental rights (Article 21 and Article 25), and federal dynamics surrounding state-level anti-conversion ordinances and laws in India.

🎯 UPSC Prelims Practice Drill

Polity & Governance

With reference to the anti-conversion legislations and religious freedom in India, consider the following statements: 1. The Constitution of India guarantees the freedom to profess, propagate, and practice religion, subject to public order, morality, and health. 2. The Union Law Ministry has previously stated that Parliament lacks the legislative competence to pass central anti-conversion legislation. 3. The anti-conversion legislations of Uttarakhand and Himachal Pradesh contain provisions that declare a marriage void if it was performed solely for the purpose of unlawful conversion. Which of the statements given above are correct?

  • [A] 1 and 2 only
  • [B] 2 and 3 only
  • [C] 1 and 3 only
  • [D] 1, 2 and 3
▶ Reveal Official Answer & Analytical Explanation
✓ Correct Option: [D] 1, 2 and 3

Statement 1 is correct as the Constitution guarantees the freedom to profess, propagate, and practice religion, subject to public order, morality, and health. Statement 2 is correct because in 2015, the Union Law Ministry stated that Parliament does not have the legislative competence to pass anti-conversion legislation, leaving it to the states. Statement 3 is correct as both Uttarakhand (2018) and Himachal Pradesh (2019) legislations explicitly declare a marriage to be void if it was done for the sole purpose of unlawful conversion.

Tark High-Yield Question Bank ⚡ Practice Full Test in Testing Arena ↗

🏛️ Historical Twin PYQ Anchor (2021)

UPSC Prelims 2021

Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.

Forensic Anchor: Cabinet Allocation of Business Rules & NCAP Framework
Examiner Trap Takeaway: UPSC swapped Central Pollution Control Board role with State Pollution Control Boards for state-level monitoring.