India: BJP Madhya Pradesh Leader Calls for Death Penalty for Religious Conversions, Stirs Controversy

 

Indian activists have been recently warning against the comments made by Hindu nationalist Bharatiya Janata Party (BJP) leader Mohan Yadav in Madhya Pradesh. While delivering a speech during an International Women's Day on March 8, Yadav made hints of revamping the Madhya Pradesh Freedom of Religion Act with the introduction of the death penalty for those convicted of illegal religious conversions. He again clarified that the state government would not tolerate individuals who take part in such acts. This move has evoked unprecedented concern among human rights defenders and religious minorities. Father Cedric Prakash, a Jesuit peace activist, denounced the move as it undermines the fundamental rights assured under Article 25 of the Indian Constitution, which assures each citizen the freedom to profess, practice, and propagate his or her religion. Prakash further added that such moves are indicative of the shocking rise of fascist tendencies within the country.

The United Christian Forum (UCF) counted an increase of crimes against Christians in India, citing 834 cases in 2024, up from 127 in 2014 when the BJP assumed national power. The crimes mainly include assaults and arrests for charges of forced conversions, which most critics have found to be unfounded.

John Dayal, a Catholic columnist and social activist, expressed that the threat of giving the death penalty to religious conversions reflects a strategic move to criminalize the Christian community's presence and growth in Madhya Pradesh. He called for a robust opposition against anti-conversion laws, labeling them as human rights violations and constitutional frauds.

A.C. Michael, the Catholic coordinator of UCF, dismissed the death penalty offer as propaganda for advancing Hindu nationalist interests. He noted that anti-conversion legislations, typically worded under the guise of preserving religious freedom, are themselves unconstitutional. Michael hopes that such legislations will fail to pass judicial review, referring to the Supreme Court of India's previous indications that such legislations can be in violation of constitutional provisions.

Historical Context of Anti-Conversion Laws in India

India's anti-conversion laws, commonly referred to as "Freedom of Religion" laws, have a complicated past. Introduced in the 1930s during the British colonial era, they were used to stop conversion from Hinduism to other faiths, most notably Christianity. Following independence, many Indian states had passed their own variations of the legislation. Ten states had enacted anti-conversion bills by 2023, each with their own levels of severity and mechanisms for enforcement.

Madhya Pradesh's Position on Religious Conversions

Madhya Pradesh was among the first states to pass anti-conversion laws. The state's Dharma Swatantrya Adhiniyam (Religious Freedom Act) of 1968 sought to prohibit conversions gained through the use of force, allurement, or fraudulent contrivance. Offences could carry imprisonment for up to one year or fines. In 2021, the state passed the Madhya Pradesh Freedom of Religion Ordinance, which raised penalties for unlawful conversions.

Implications of Introducing the Death Penalty

The proposal to add the death penalty for religious conversions amounts to an unprecedented escalation of anti-conversion practices. This move would set a troubling precedent, prompting other states to enact equally draconian legislation. This initiative raises questions about the proportional balance between protecting religious feelings and protecting freedoms of the individual.

National and International Reactions

The international community has expressed concern about India's anti-conversion laws. Human rights organizations argue that the laws are often abused to target religious minorities, leading to intimidation and violence. The proposed death penalty in Madhya Pradesh has amplified these concerns, with demands for India to uphold its constititional guarantee of secularism and religious freedom.

The Role of Hindu Nationalism

The dominance of Hindu nationalism, and particularly that under the BJP flag, has had a significant effect on India's socio-political landscape. Policies perceived as favoring the Hindu majority have excluded religious minorities, increasing communal tensions. The proposed amendment in Madhya Pradesh is viewed by many as part of an agenda to craft a new India, more secular but more Hindu too.

Legal Challenges Ahead

Implementing the death penalty for religious conversions would most likely face strong legal opposition. The law would have to be in line with India's constitutional safeguards, including the right to life and personal liberty under Article 21. Legal brains anticipate the judiciary to scrutinize the proposed amendment to ensure if it does not violate fundamental rights.

Conclusion

The proposal of death penalty for religious conversions in Madhya Pradesh is a turning point for India's ongoing debate about religious freedom and state intervention. Amidst the debate, it is crucial to uphold the ideals enshrined in the Indian Constitution so that measures to safeguard religious sentiments do not run counter to individual liberties.

Recent Developments

In a conjoined development, the state government of Uttarakhand has passed reforms unifying marriage, divorce, and inheritance laws, effectively banning practices like polygamy. The reforms have drawn criticism about their impact on religious freedoms, especially among the Muslim population.