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Bluebook 21st ed.

Rahul Singh Chauhan, Religious Conversion for the Sake of Marriage: Issues and
Challenges with Special Reference to Anti-Conversion Laws in India, 4 INDIAN J.L. &
LEGAL RSCH. 1 (2022).

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Rahul Singh Chauhan, Religious Conversion for the Sake of Marriage: Issues and
Challenges with Special Reference to Anti-Conversion Laws in India, 4 Indian J.L. &
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Chauhan, Rahul Singh. (2022). Religious Conversion for the Sake of Marriage: Issues
and Challenges with Special Reference to Anti-Conversion Laws in India. Indian
Journal of Law and Legal Research, 4, 1-8.

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Challenges with Special Reference to Anti-Conversion Laws in India," Indian Journal
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Rahul Singh Chauhan, "Religious Conversion for the Sake of Marriage: Issues and
Challenges with Special Reference to Anti-Conversion Laws in India" (2022) 4 Indian
JL & Legal Rsch 1.

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Rahul Singh Chauhan, 'Religious Conversion for the Sake of Marriage: Issues and
Challenges with Special Reference to Anti-Conversion Laws in India' (2022) 4 Indian
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Challenges with Special Reference to Anti-Conversion Laws in India." Indian Journal
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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

RELIGIOUS CONVERSION FOR THE SAKE OF

MARRIAGE: ISSUES AND CHALLENGES WITH SPECIAL
REFERENCE TO ANTI-CONVERSION LAWS IN INDIA

Rahul Singh Chauhan, Narsee Monjee Institute of Management Studies, Navi Mumbai

ABSTRACT

Religious Conversion is often linked to an offense in India as we all are aware

about the religious sentiments in India or the love towards their own religion.
There are many instances, when we come across terms like honour killing or
Love Jihad. The most highlighted issue which nowadays is in the limelight
is religious conversion for the sake of marriage. Religious conversion is
acceptable in India to an extent but conversion only to fulfil the marital status
cannot be justified.

The major portion of this paper emphasizes on the religious conversion done
for the sake of marriage. This paper does a critical analysis and I would like
to put my views on the issues and the problems which the married couple
faces after their marriage is solemnized. To know what law says about this
issue, this paper will examine the anti-conversion laws in India.

Keywords: Religious Conversion, anti-conversion laws, marriage.

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

INTRODUCTION

India saw the light of independence in 1947 and was declared a secular State by the Constitution
in 1950. According to laicism, every citizen of this country has a fundamental right to
peacefully practice his religion.

However, we have heard several incidents of religious intolerance, which have caused
disturbances and violence in our country. Everyone has a right to follow his religion as per
their birth or choice. It is the constitutional right to choose his or her own religion, but making
people forcibly change their religion or converting for the sake of marriage cannot be justified
in any sense.

Religious conversion is a phenomenon that goes both ways and if it is done willingly then it is
said to be legal but if it is implemented by any forceful means then it cannot be held legally
valid. Religious conversion for marriage in India has become a big issue as many states are
going through these types of cases where a girl or a boy is forcefully converted into another
religion for marriage and which cannot be considered legal. No central laws are made in India
for these types of crimes but states are giving ear to it and are forming strict laws to stop these
types of crimes.

RESEARCH QUESTIONS

1. Whether Religious Conversionfor marriage is justified?

2. What are the issues and problemsfaced due to the religious conversionfor marriage?

CHAPTER:1

Whether Religious Conversion for marriage is justified?

What do Religious conversions mean?

India being a secular country does not follow any specific religion which can be inferred by
seeing our Indian Constitution which does not consider any type of willing conversion as a
crime. "Religion is a matter of choice, faith or sets of belief." Religious conversions simply
mean converting one into the other religion or adopting the beliefs of another religion after

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

leaving the religion which one was practicing earlier.

Religious conversion has become one of the most heated issues in many states in recent times,
there is no such provision made by the central government to stop any forceful conversions but
the state has made many laws to stop these types of religious crimesi.

Types of conversions

Voluntary conversions: in this type of conversion the one himself chooses to adopt other
religions as he or she finds the beliefs of that particular religion is more apprehensive.

Involuntary conversions: By the term, it is understood that the conversion which is made
forcefully is known as involuntary conversions and for these types of conversions states are
making many anti conversions laws.

Marital conversions: in this type of conversion, it can be both voluntary and involuntary as
one can change its religion to marry the other or one can forcefully change others religion for
the marriage 2
.

Religious conversions for marriage

It has been seen that now many people are converting their religions for the sake of marriage,
it can be legal if the consent is there but no in the case of forceful consent. When individuals
find that their beliefs are resembling with a different religion or they find that if they want to
marry any person of other religion, they convert their religion.

Here the main question arises that if citizens have their fundamental rights 3 w.r.t to their right
to propagate any religion then why this is seen as a crime, so it has been said that religious
conversions are done not based on choice but the basis of power, and Uttar Pradesh has stated
that the conversion for the sake of marriage cannot be entertained.

What can be done against conversion?

'Neha Chauhan, Introduction, Religious Conversion and Freedom of Religion in India: Debates and Dilemmas
(2017), http://ili.ac.in/pdf/paper817.pdf.
2 Divya Sharma, Religious Conversion, Religious Conversion and
Freedom of Religion (Jan. 13, 2018),
https://blog.ipleaders.in/religious-conversion-law/
3
INDIA CONST. art. 25-28

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

As we have studied earlier in the paper that no Central based law has been introduced in India
but different states have given their State laws for religious conversions. In the year of 1954,
an attempt was made to pass the Indian Conversion (regulation and registration bill) but
parliament was not successful in passing that bill.

States against Conversion for the sake of marriage

The issue of religious conversion for marriages has been in a limelight, but nowadays it has
become a bigger issue then what it was few years ago, this clearly shows that religious
conversion has now become a political issue.

Both Uttar Pradesh and Karnataka brought this matter and said that there will be two separate
enactments and Uttar Pradesh 4 has been successful in doing this along with the Himachal
Pradesh Freedom of Religion Act, 2019 and the Uttarakhand Freedom of Religion act, 2018
which restrict Conversion by force, fraud, undue influences, inducement, allurement,
misrepresentation, and "by marriage".

It is mentioned under these acts that "no conversion for marriage, but marriage done solely for
conversion, may be declared null and void by a family court based on a suit by either party."

In the year 1968, Orissa and Madhya Pradesh were the states who passed some acts to protect
the individuals from fraudulent and forceful conversions. The provisions for punishment under
Orissa's anti-conversion bill6 is a maximum of two years of punishment and a fine of Rs.
10,000.

Further, two more states, Tamil Nadu and Gujarat brought their anti-conversion law which
made the offense of forceful conversion as a cognizable offense under Section 295A and 298
of the Indian Penal Code, 18607. The punishment which was mentioned under these acts for
forceful conversions was that that person who has forcefully converted the other persons shall
be punished with imprisonment of a term which may extend to three years and with a fine.

4
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, (2020)
5The Indian Contract Act, § 16 (1872)
'Orissa Freedom of religion Act, (1967)
7 Indian Penal Code, 1860, § 295A & 298.

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

CHAPTER:2

What are the issues and problems faced due to the religious conversion for marriage?

Threats after marriages done by conversion

It has been seen in many of the instances the lives of the couples are in danger, because if the
society is not acceptable for such type of marriages, then the concept of honor killings is seen
where they are killed by the people.

. The provisions relating to notice, publication, and objection have rendered it difficult
for many people intending to solemnize inter-faith marriages.

. Publicity in the local registration office may mean that family members objecting to the
union may seek to stop it by coercion.

Case laws

Religious conversion for marriage can be both good and bad, but the majority of the time it is
seen that it is considered as bad as choosing another religion over the religion which one was
practicing from birth. There have been many cases where if anyone who has been found guilty
of religious conversion for marriage has been killed by the parents or the society itself.

There were no such laws which were specifically emphasizing the conversion for marriage but
now more than two anti-conversion laws are focusing on marriages.

As in the case of Smt. Sarla Mudgal, President Kalyani, and others vs. Union of India and
Ors.', a Hindu husband changed his religion just for his benefit as he wanted second marriage,
and seeing that it is notlegal in the Hindu religion he changed his religion to Islam but the
Supreme Court of India held that the conversions done based on wrongful gain cannot be
accepted and these types of marriages are null and void and the person who converted himself
would be liable on the grounds of bigamy under Section 1710 and he will be also charged under
Section 494 of the Indian Penal Code, 1860.

8
Indian Penal Code, 1860, § 302
9 Smt. Sarla Mudgal, President Kalyani, and others vs. Union of India and Ors AIR 1995 SC 1531
10 The Hindu Marriage Act, 1955, § 17

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

In one of the cases of Lily Thomas, Etc. Etc. vs Union of India & Ors." it was stated that
marrying another woman after converting their religion to Islam is not valid and is punishable
in the court of law under bigamy laws.

In the case of Noor Jahan Begum, the Apex Court stated that the conversion just for the sake
of marriage cannot be acceptable, in the case of Noor Jahan Begum the court rejected the
petition as they were requesting to provide them security as the girl was Hindu in this case and
she converted herself to Islam to marry a Muslim boy. The Court held in this case that the
conversion of a girl without any knowledge of that particular religion clearly shows that the
conversion is done just for the marriage and which cannot be said legal.

SUGGESTION

To eradicate crimes related to religious conversions and to stop forceful conversions in India:

1. It is very important to have a law that is proper and should be implemented properly
and those provisions should not be subject to criticism.
2. Everyone in the family should be properly guided about their religion and if then also
their beliefs change, they should have proper knowledge about that particular religion.
3. Only marriage should not be a reason behind the conversion of any religion as it is also
an offence under the court of law.

CONCLUSION

Religious conversion is not a crime because if the supreme authority of our country, The
Constitution of India has provided a fundamental right under which citizen of India can practice
or propagate any religion, so nothing can stop any one to abide by their fundamental right but
the most crucial point here is why the conversion is taking place because if the conversion is
done for any profit or just for marital purpose then it cannot be held legal.

The country is facing a problem where the one who has to convert their religion is converting
without having any knowledge regarding the religion then how it can be said legal, this paper
truly tries to bring out the idea behind the conversion and what does statutes say with respect

"Lily Thomas, Etc. Etc. vs Union of India & Ors AIR 2000 SC 1650

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to religious conversion just for the sake of marriage. There are many problems which are faced
by the couples who marry by changing their religion as they become the part of honour killing.

There are many judgments which show that religious conversion should not be done for any
gain and landmark judgments also provide us with the fact that conversion only fir marriage is
not acceptable which is justified in my view too, because if that person does not have any
knowledge regarding the conversion, then that conversion is more a contract than a feeling.

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

BIBLIOGRAPHY

BOOKS

. Rowena Robinson & Sathianathan Clarke, Religious Conversion in India 420 (2003).
. The Hindu Marriage Act, 1955, Bare Act.

RESEARCH PAPERS & ARTICLES

. Neha Chauhan, Introduction, Religious Conversion and Freedom of Religion in India:

Debates and Dilemmas (2017), http://ili.ac.in/pdf/paper817.pdf.
. Divya Sharma, Religious Conversion, Religious Conversion and Freedom of Religion
(Jan. 13, 2018), https://blog.ipleaders.in/religious-conversion-law/
. Oneindia Contributor, Explained: The law on religious conversions in India (Dec. 12,
2014, 10:47 AM) https://www.oneindia.com/feature/explained-the-law-of-religious-
conversions-1588671.html
. Subhash Mishra, Religious Conversions: UP may bring ordinance (Sep. 18, 2020, 12:21
PM) https://timesofindia.indiatimes.com/city/lucknow/religious-conversions-up-may-
bring-ordinance/articleshow/7 8177777 .cms.

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