How can laws against religious conversion balance individual freedom and prevent misuse?
Given the Supreme Court's decision to quash multiple FIRs under the Uttar Pradesh Act on religious conversion, I want to understand the challenges in creating laws that protect vulnerable people without being used to harass innocents.
Laws regulating religious conversion aim to protect vulnerable individuals from coercion or deceit while also upholding the constitutional right to freedom of religion. Striking a balance between these objectives is challenging, especially in a diverse society like India. The Supreme Court’s intervention highlights the need to ensure that such laws are not misused to target innocent people or restrict genuine religious choice.
- Clear Definitions: Laws should precisely define terms like 'coercion,' 'allurement,' and 'fraud' to avoid broad or vague interpretations that can be misused against legitimate conversions.
- Safeguarding Individual Autonomy: The law must respect an adult's right to choose their faith without unnecessary interference. Procedures like mandatory declarations or approvals should not be so burdensome that they deter genuine conversions.
- Judicial Oversight: Provisions for judicial review or appeal can help protect individuals from wrongful prosecution and ensure that authorities do not act arbitrarily.
- Protection of Vulnerable Groups: The law can focus on protecting minors, persons with disabilities, or those proven to be under undue influence, rather than imposing blanket restrictions on all conversions.
- Safeguards Against Misuse: Penalties for filing false complaints and mechanisms to prevent harassment of those accused under the law can help check its misuse.
- Awareness and Transparency: Public awareness campaigns and transparent legal procedures can empower individuals to understand their rights and the limits of the law.