Anti-Conversion Bill is against constitutional provisions, say legal experts

CHANDIGARH: The jury is still out on if the row over GharWapsi campaign will culminate in a nationwide anti-conversion law, but jurists that ET spoke to feel any such effort will only lead to a barrage of "frivolous complaints" and could contribute to existing laws only if it breaks new ground in defining "forcible conversion".

The Constitution already provides regulations to prohibit forced conversion, and any anti-conversion law will only be an effort in reinventing the wheel, they said.

Permod Kohli, retired chief justice of Sikkim High Court and now a senior supreme court lawyer, told ET that one cannot impose a complete ban on conversion. "Our Constitution guarantees religious freedom, not only to adopt but also to propagate one’s religion. Article 25 of the Constitution speaks of religious freedom. On one hand, the Constitution is providing religious freedom, and on the other, we are trying to violate it," he said.

Kohli, however, felt that it would be prudent to define a forcible conversion so that it is not misused. “But to order a complete ban on conversion is against the provisions of the Constitution,” he said. Giving an instance of a contract obtained under duress, he said the offence made out is that of cheating and criminal intimidation. Elaborating, Kohli said that similarly if an individual has been forced to convert to any other religion, he can approach the police seeking action.

"A new law putting complete ban on conversion will be bad in eyes of law," he said. Noted senior lawyer and constitutional expert RS Cheema said that at the time of framing of Constitution this aspect (conversion) was looked into. The legal experts also conurred that the law, if cleared, can be "misused and abused" by "vested interests".