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Weaponising Anti-Conversion Law

Jacob Peenikaparambil Jacob Peenikaparambil
17 Mar 2025

The headline, "Government Seeks Death Penalty for Converting Girls," dominated the March 9, 2025, edition of Free Press, with other newspapers in Madhya Pradesh echoing the same. The statement, made by Madhya Pradesh's Chief Minister Mohan Yadav, has stirred considerable debate. Speaking at an International Women's Day event at the Kushabhau Thakre International Convention Centre on March 8, 2025, he announced that his government would introduce provisions for capital punishment for individuals involved in the forced religious conversion of girls. This was coupled with his assertion that Madhya Pradesh was the first state to enact the death penalty for rapists of minor girls.

While this announcement raises questions about whether the Madhya Pradesh government will amend its anti-conversion laws to incorporate the death penalty for forced conversions, the statement's broader implications seem to align more with the divisive, hate-driven politics frequently associated with the Bharatiya Janata Party (BJP). In addition to attempting to consolidate the majority Hindu community as a vote bank by presenting religious conversion as a growing threat to Hinduism, Mohan Yadav's rhetoric comes at a time when the BJP in Madhya Pradesh has little else to showcase in terms of achievements related to pressing concerns such as unemployment and inflation. The use of such controversial statements appears to be an attempt to distract from these issues and keep the focus on communal divides.

According to the 2011 Census, Muslims make up 6.6% and Christians only 0.3% of Madhya Pradesh's population. Mohan Yadav has yet to provide any compelling data that demonstrates forced conversions are a significant issue threatening women's security or the well-being of the general public. Without reliable information or studies, the Chief Minister's statement seems more like a politically motivated move, a tactic to maintain the divisive atmosphere created by the BJP rather than a genuine concern for the state's governance.

Since Uttar Pradesh Chief Minister Yogi Adityanath first became known for his extreme communal policies and rhetoric, there has been a noticeable competition among BJP Chief Ministers to outdo one another in communal politics. The infamous "bulldozer justice," in which properties linked to alleged criminals, particularly those from minority communities, were demolished, was a concept that originated under Adityanath. Soon, it was adopted by BJP leaders across the country, including Shivraj Singh Chouhan, the then Chief Minister of Madhya Pradesh, who used the method to demolish structures largely belonging to Muslim communities. Instead of focusing on concrete development plans for employment, education, and healthcare, BJP governments seem intent on fostering competition based on religious polarisation.

Against this backdrop, it is essential to critically examine whether forced religious conversion genuinely warrants the amount of political and governmental attention it is currently receiving. India's Constitution, under Article 25, guarantees every citizen the right to freely profess, practice, and propagate the religion of their choice. Moreover, there is no substantial evidence indicating that the population of Muslims and Christians in Madhya Pradesh has grown as a result of religious conversions. If anything, studies have shown that religious conversion is not a significant demographic phenomenon in India.

A Pew Research Centre study in 2021 observed that the rate of population growth among all religious groups in India had slowed between 1950 and 2010. Specifically, the growth rate of Christians fell to 16%, while Muslims witnessed the sharpest decline in fertility, from an average of 4.4 children per woman in 1992 to 2.6 in 2015. Furthermore, according to a government survey of nearly 30,000 adults, only a minuscule percentage of individuals had switched religions since childhood, with 99% of adults raised Hindu continuing to identify as Hindus. This suggests that religious conversion, whether voluntary or otherwise, does not significantly alter India's demographic landscape. Christians have consistently accounted for between 2% and 3% of the Indian population in every census since 1951.

Despite the lack of any discernible threat posed by religious conversion, 10 Indian states, including Madhya Pradesh, have enacted laws known as the Freedom of Religion Acts or "anti-conversion" laws. These laws generally mandate that individuals seeking to convert to another religion must first obtain government permission. However, these laws are often misused and are problematic due to their vague and broad definitions. Terms like "allurement," "inducement," and "fraud" are not clearly defined, creating opportunities for misuse. For instance, in Madhya Pradesh, Gujarat, and Jharkhand, "allurement" is defined as any gift, cash, or material benefit. Under such broad definitions, simple acts of charity, like offering food or water to the needy, could be misconstrued as inducements or allurement, criminalising religious groups' charitable activities.

The problem intensified in 2021 when provisions were added that allowed third parties to file complaints against forced conversions, even if they were not directly involved in the process. This change led to an uptick in false allegations, particularly against Christian groups, who have been falsely accused of forced conversions. In addition, the promotion of "Ghar Vapasi" (Homecoming), which aims to convert people from other religions to Hinduism, has been officially encouraged by the BJP. This move aligns with the ideology of MS Golwalkar, a prominent figure in the Rashtriya Swayamsevak Sangh (RSS). Golwalkar's vision of a Hindu Rashtra insists that Muslims and Christians must either convert to Hinduism or live in India without rights, including citizenship.

Reports of Christian prayer meetings being falsely accused of conversion activities have been prevalent. Hindu extremist groups have monitored and disrupted these gatherings, often leading to violent clashes. Despite numerous cases and arrests, convictions have been scarce. For example, in Uttar Pradesh, 108 police reports involving 350 people led to 189 arrests but only 72 convictions by 2021. In Madhya Pradesh, a similar situation unfolded in 2021 when a harsh ordinance was introduced, leading to 23 cases being filed within the first 23 days, but none resulted in convictions.

One of the most concerning consequences of such stringent anti-conversion laws is the surge in violence against Christians, which is often justified under the pretext of forced conversions. The United Christian Forum (UCF) reported a sharp rise in attacks on Christians, with 733 incidents in 2023 compared to 599 in 2022. The violence continued into 2024, with the UCF reporting 834 attacks. This troubling trend underscores the real dangers posed by these laws, which seem to embolden violence and harassment under the guise of protecting religious integrity.

Madhya Pradesh's move to introduce the death penalty for rapists of minor girls did not result in a significant reduction in such crimes. As of December 18, 2024, nearly 4,928 cases of rape involving minors were pending in the Madhya Pradesh High Court. These included 64 particularly horrific cases in which the victims were murdered after being raped. The persistence of such a large number of cases, despite the death penalty law, raises questions about the efficacy of laws that target specific crimes in isolation.

According to a report published in The Analysis on October 09, 2024, Madhya Pradesh ranks among the top five states in the country for rape incidents, reflecting the need to focus on the safety and security of women in the state. Instead of polarising people on an insignificant issue like religious conversion, the BJP government has to pay special attention to the safety of women.

Often, stringent laws are used to target particular groups or individuals. For example, the Unlawful Activities (Prevention) Amendment Act (UAPA) was amended in 2019 to allow individuals to be designated as "terrorists," thus broadening the scope of the law. UAPA has been widely criticised for being used to silence dissent, particularly among social activists, academics, and opposition leaders. Similarly, the anti-conversion laws seem to be more about targeting religious minorities and intimidating those working for the welfare of marginalised communities rather than addressing the issue of forced conversions.

The situation in Madhya Pradesh, where religious conversion is often conflated with criminal activity, highlights the need for Christians to unite and speak out against the increasing misuse of anti-conversion laws. Legal avenues should be pursued to ensure that these laws do not continue to be weaponised against religious minorities. Christians in the state must raise their voices against this growing wave of discrimination and stand firm in their commitment to both religious freedom and social justice.

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