On 31 July 2024, the National Council of Churches in India (NCCI) issued a strong condemnation of the Uttar Pradesh government's move to amend its already controversial anti-conversion law. The proposed Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill 2024 seeks to intensify the provisions of the original 2021 Act, raising alarm among religious minorities and human rights advocates across India.
The existing law, enacted in 2021, already classifies religious conversion as a cognisable and non-bailable offense, with penalties of up to 10 years imprisonment for conversions conducted through marriage, misrepresentation, force, undue influence, coercion or other allegedly fraudulent methods. However, the new amendment goes even further, introducing measures that the NCCI and other critics argue are draconian and unconstitutional.
Key changes proposed in the amendment include:
1. Increasing the maximum penalty from 10 years to life imprisonment for severe offenses.
2. Allowing any individual, not just the aggrieved person or their close relatives, to file a complaint regarding unlawful conversions.
3. Making the bail process more complex and challenging for the accused.
4. Introducing harsher penalties for mass conversions and foreign funding of conversions.
5. Establishing provisions for compensating victims of unlawful conversions.
In its statement, the NCCI, led by General Secretary Rev. Asir Ebenezer, expressed deep concern over these proposed changes, arguing that they violate the Indian Constitution and pose a significant threat to the harmonious life and basic rights of Indian citizens.
The NCCI's objections to the law are multifaceted and touch upon several crucial aspects of civil liberties and religious freedom:
Impact on fundamental rights: The NCCI emphasizes that the anti-conversion law infringes upon “the constitutional right to freely practice and profess religion.” This right is not only enshrined in the Indian Constitution but is also recognised as “a fundamental human right” by international standards. The proposed amendment, with its more stringent provisions, represents an even greater encroachment on this essential freedom.
Restrictions on personal freedom: By imposing severe penalties and broadening the scope of what constitutes unlawful conversion, the law effectively limits “individuals' ability to make independent choices regarding their faith.” This paternalistic approach, as the NCCI points out, undermines personal dignity and implies that citizens “are incapable of making informed choices about their own religious beliefs.”
Potential for abuse: One of the most concerning aspects of the proposed amendment is the provision allowing any individual to file a complaint about unlawful conversions. The NCCI warns that this grants extensive authority to officials and third parties, which could easily be “misused to target specific individuals or communities based on religious prejudice.” This broadening of complaint authority could lead to a surge in false accusations and harassment of religious minorities.
Risk of increased harassment: The NCCI expresses particular concern about the potential for “heightened harassment and criminalisation of peaceful religious practices.” For instance, practices such as baptism in Christianity could be misconstrued as forced conversion under the vague provisions of the law. This ambiguity puts religious minorities, especially Christians, at risk of legal persecution for practicing their faith openly.
Exacerbation of communal tensions: In a country as diverse as India, maintaining religious harmony is crucial. The NCCI argues that “by creating an environment of mistrust and division, the law threatens to aggravate communal tensions.” The stringent penalties and broad scope of the law could lead to increased suspicion between religious communities, undermining India's long-standing tradition of religious diversity and tolerance.
Vague provisions: The NCCI highlights the law's ambiguous provisions, particularly concerning "mass conversion." Such vague terms are “susceptible to broad interpretation,” potentially “leading to inconsistent enforcement and possible injustice.” This lack of clarity in the law's language opens the door for arbitrary application and abuse of power.
The NCCI's stance reflects broader concerns within India's Christian community and among human rights advocates. The proposed amendment is seen as part of a troubling trend of increasing restrictions on religious freedoms, particularly targeting minority communities. Critics argue that such laws, under the guise of preventing forced conversions, actually serve to intimidate and suppress religious minorities.
The timing of this amendment is particularly significant, coming at a time when several Indian states have enacted or are considering similar anti-conversion laws. This trend has raised alarms about the erosion of India's secular fabric and the potential for these laws to be used as tools of religious persecution.
In response to these concerns, the NCCI calls on the Uttar Pradesh government to reconsider and abandon its efforts to enact this amendment. The council emphasizes the importance of upholding “the values of freedom, equality, and respect for all individuals, regardless of their religious affiliations.” This call to action is not just about protecting Christian interests but about preserving the fundamental principles of religious freedom and personal choice that are cornerstones of India's democratic society.
Furthermore, the NCCI advocates for a more “inclusive dialogue with all faith groups on how best to address concerns about coercive conversions without infringing on fundamental freedoms.” This approach reflects a recognition that while forced conversions are indeed problematic, the solution should not come at the cost of basic human rights and religious freedoms.
The NCCI's statement concludes with a powerful reminder of the importance of “ensuring that all individuals can make personal choices” about their faith “without fear of legal repercussions or social ostracism.” This principle is not just a matter of religious freedom but a fundamental aspect of human dignity and personal autonomy.
As the Uttar Pradesh government moves forward with its plans to introduce this amendment in the state assembly, the NCCI's condemnation serves as a rallying cry for those concerned about religious freedom in India. It highlights the need for continued vigilance and advocacy to protect the rights of religious minorities and uphold the constitutional principles of secularism and freedom of religion.
The coming weeks and months will likely see increased debate and possibly legal challenges to this proposed amendment. The outcome of this controversy will have significant implications not just for Uttar Pradesh but for the broader landscape of religious freedom and minority rights across India. As the situation unfolds, the voices of organizations like the NCCI will be crucial in shaping the discourse and defending the principles of religious liberty and equality before the law.
