Freedom or Golden cage : Anti conversion Laws

 Freedom or Golden cage : Anti conversion Laws ( with special focus on Marriage and Religion )

 It can be said that when the liberty of a person is illegally smothered and strangulated and his/her choice is throttled by the State or a private person, the signature of life melts and living becomes a bare   subsistence “.  FORMER CHIEF JUSTICE OF INDIA DEEPAK MISHRA.

   

                          

In the judgment of Hadiya case supreme court of India declared right  to Marry a person of one's choice is integral  part of  Article 21 of Indian constitution . The choice of a partner whether within or outside a religious community, caste or race is individual's exclusive right . The constitution of India guarantee fundamental rights to individuals . Right to freedom and right to freedom of religion are fundamental rights given to  individuals . The constitution protects the ability of each individual to pursue a way of life or faith to which he or she adhere .  

 This paper tries to apply the concept of freedom or liberty  on Anti conversion laws . The focus is on examining how these laws restricts  the freedom of individuals .  

 Why I choose this title and what it signifies ? 

Freedom or Golden case . The word Golden here represents valuable or precious idea of  liberty  . The word cage signifies the restrictions or limitations on freedom . Thus it means  constitution of India is giving us freedom of  religion and  life  and liberty but  these Anti  conversion laws restricting that Freedom .  

                      CONCEPT OF FREEDOM OR LIBERTY :

The concept of freedom has three connotations : choice ,absence of constraints and existence condition . In day to day language freedom is understood as distinction between being free to do something or bring free from something .  Freedom means to do as one wishes to . In other terms freedom is defined as absence of constrains or restrictions , as freedom or speech or uncheck ability of individual to say whatever one wants to or freedom means acting according to or within one's rights .   In 1969 Isaiah Berlin gave negative and positive concept of liberty in his book " two concept of liberty ".

Negative liberty : Negative liberty also called as ' opportunity concept of freedom '. It is defined as freedom as an area within which man can do what ever they want to do . It is also regarded as freedom of choice and absence of constraints . Isaiah Berlin  defined negative freedom as an area within which a man can act unobstructed by others .

Positive liberty : It's the freedom to  do . Also called as 'exercise concept of freedom '. It is defined as  availing of the opportunity . It is concerned with internal self . This may allow a certain degree of coercion which justified by the larger good involvement.  Berlin used this term to refer to autonomy or self mastery .  

 According to Rousseau Liberty is described as " obedience to a law one prescribes to oneself " . In his view freedom means self determination or ability to control and to make one's own destiny .

According to Hobbes freedom signifies  the absence of all impediments to action that are not contained in the nature and intrinsic quality of agent.

                      Anti conversion laws and  freedom:  

Religious conversion have been a subject of debate since independence .  Although more than one time anti conversion bills introduced in Parliament but none of the bills was able to receive parliament ' s approval . But many states have Anti conversion laws   . These laws are in force in 8 states of India  : Arunachal Pradesh, Madhya Pradesh , Chhattisgarh, Gujarat , Himachal Pradesh , Jharkhand , Odisha and Uttarakhand . Uttar Pradesh government has also brought Anti conversion bill.  All of the laws prevent any person from converting forcible or by fraud or by allurement or inducement into other religions. For the violation of laws serve punishments are also there .

Now let's see how we can apply the concept of freedom here.

One side constitution of India giving us freedom to religion and these laws are putting restrictions on that .  The more focus of these laws is to stop conversion solely for the reasons of marriage.  According to these laws if anyone wants to convert his religion into other religion then that person need to submit notice to district magistrate in advance And then DM will inquiry intention , purpose and cause for the conversion ( special  in UP anti conversion  ordinance ) . If DM rectify then only than individual can change his religion . So here negative concept of freedom as well as positive concept of  freedom can apply. A person can  convert his religion is his own choice and he is free to do so i.e negative liberty  , he has opportunity  to convert and also he can exercise his opportunity to convert into other religions i.e. positive freedom ,but if concerned authority finds that the  conversion  is forcefully or by fraud or for the sole purpose of marriage  then denial to convert into other religion is also justified by the concept of positive liberty .  But this is also a cage where one side you are free to convert but another side you have restrictions . According to state government these laws  are to prevent religious conversion . But they also violates the  freedom of conscience given by constitution . United Nations  general assembly adopted Universal declaration on human rights also recognized  that the entire humanity enjoy certain rights which constitute the foundation of freedom , justice and peace in the world Freedom is not a conferred right but a natural entitlement of every human being . In fact law doesn't assign it but protect the freedom of individual .

The laws which are specially for the religious conversion of marriage like in state of Uttar Pradesh is non - bailable offence and also it defend to prove that conversion was not for the marriage . And in case marriage conversion done by women only for marriage would be considered as null and void.  While on the other hand supreme court of India held that State and the courts have no jurisdiction over adult's absolute right to choose a life partner , and under special marriage act inter religious and inter caste marriages are allowed in India and no religious formalities are required for the conversion  ,but under anti conversion laws one need to prove the reasons for the conversion  .In all these laws freedom of life and liberty under Article 21 and right to  freedom of religion under article 25 to 28  are  violated .   

 Marriage and  Religion are individuals personal choice . And constitution of India has given these right to everyone .  If a person wants to change his or her religion then that decision  should be left over them . No intervention  should be allowed except in case of forcefully conversion or by fraud . Because interference in such matters have chilling effect on the exercise of freedom . Neither state nor society has any role in determining the choice of partner or religion.