Maharashtra’s anti-conversion law could criminalise compassion

Maharashtra's anti-conversion law, often referred to as the anti-conversion law, could potentially criminalize acts of compassion. This law draws parallels with the Freedom of Religion Act, which criminalizes conversion by force, fraud, or inducement. However, there is no concrete data available on large-scale conversions in the country.

The Bharatiya Nyaya Sanhita could handle criminal acts of conversion by illegal means. The new Maharashtra law is particularly problematic because it makes the offense non-bailable and places the burden of proof on the accused, similar to the UAPA law, which is an anti-terror law. The law could result in unjust accusations, leaving the accused in jail for years without any evidence against them.

Additionally, the law can be used by third parties or family members to accuse someone who has converted voluntarily, as per the Constitution. The law's definition of inducement is unclear, and it could potentially encompass any form of social services, including education and healthcare. This could put at risk the extensive humanitarian work done by Christian groups, which provide quality education and medical facilities in remote areas of the country.

The law may also deter inter-religious marriages, as there have been reports of attacks on prayer meetings held in private halls or homes. The new law could lead to a public declaration being required before such events, making the process more cumbersome and potentially leading to false accusations. The Catholic Church, for instance, allows inter-religious marriages without forcing the partner of another faith to convert.

The law could also disrupt humanitarian activities for the most disadvantaged communities, as these groups may not have the resources to pay for private education or healthcare. The writer, a former principal of St Xavier’s College, Mumbai, emphasizes the importance of freedom of religion and the need to protect humanitarian activities.