RUBY MODEL UNITED NATIONS
COMMITTEE: All India Political Parties Meet
BACKGROUND GUIDE
AGENDA: DISCUSSING THE RELIGIOUS RIGHTS IN INDIA WITH
SPECIAL EMPHASIS ON THE ANTI-CONVERSION BILL.
Disclaimer: The authors of the document do not claim any copyright over it. All the details,
information, and content mentioned in the document is only for educational purpose under the ‘fair
use’ policy. The content established below is in no way related to the personal ideologies of the
Executive board. This background guide is authored with a sole intention of giving delegates a
direction in the committee and orient them on the avenues of research.
LETTER FROM THE EXECUTIVE BOARD
Dear Delegates, we take this honor to welcome you all to the All India Political Parties Meet
(AIPPM) of the Ruby Model United Nations 2024. I appreciate you all for having chosen All
India Political Parties Meet (AIPPM) as your committee preference. Though this is a
committee that flows unconventional to the concept of Model United Nations, the sanctity
this committee holds are of super most nature. As the future change makers of the society or
global leaders of tomorrow it is expedient and necessary that in order to solve the global
crisis one must have the ability to solve the crisis that exists in our own vicinity, as the
famous English quote goes “Charity begins at home” it is tremendously significant for us to
know the current affairs that tends to dominate in our country and a dynamic change maker is
the one who not only respects the happenings that takes place at the international diaspora but
significantly the one who has exceptional knowledge about his Country, his State, his
Municipality etc. This committee is a platform for placing national interest above everything
else.
The agenda chosen is in consonance with the present-day developments in Indian Politics to
ease out and encourage productive debate. We expect all the delegates to go through this
background guide and make note that this background guide holds significant importance.
However, please make note that the background guide is just your starting point for your
research, and it is the tip of the iceberg.
From the words of Swami Vivekananda “Courage and Confidence is the biggest armor for a
man to pave his way for his success”. Wishing all of you a best of luck for your endeavor and
would be glad to assist at any given point. Quoting Nani Palkhivala, “Opportunities multiply
when they are seized; they die when neglected”. It is time for all of you to seize this
opportunity to place your ideas to address the issues that we face today.
Yours Sincerely,
N Venkata Abhiram (Speaker)
Raheem Khan (Deputy Speaker)
INTRODUCTION:
HISTORICAL CONTEXT OF RELIGIOUS PLULARISM
India has a long and rich history of religious diversity, making it one of the most religiously
pluralistic countries in the world. This diversity is deeply rooted in India's history, culture,
and social fabric. The Indian subcontinent has been a cradle of several major world religions,
including Hinduism, Buddhism, Jainism, and Sikhism, while also becoming a significant
center for Islam, Christianity, and Zoroastrianism, among others. Over millennia, these
religions have coexisted, interacted, and influenced each other, contributing to a unique
tapestry of religious practices and beliefs.
MAJOR RELIGIOUS IN INDIA:
1. Hinduism: Hinduism is the largest religion in India, with approximately 80% of the
population identifying as Hindus. It is a complex and diverse religion with a multitude
of deities, practices, and philosophies. Major festivals like Diwali, Holi, and Navaratri
are celebrated with great fervor across the country.
2. Islam: Islam is the second-largest religion in India, comprising around 14% of the
population. Indian Muslims belong to various sects, including Sunni and Shia, and
have made significant contributions to Indian culture, art, architecture (e.g., the Taj
Mahal), and cuisine. Major Islamic festivals such as Eid al-Fitr and Eid al-Adha are
widely observed.
3. Christianity: Christianity in India dates back to the arrival of Saint Thomas the
Apostle in the 1st century CE. Christians, who make up about 2.3% of the population,
are spread across different denominations, including Roman Catholics, Protestants,
and Orthodox Christians. Major Christian festivals like Christmas and Easter are
celebrated across the country.
4. Sikhism: Sikhism, founded in the Punjab region in the 15th century, constitutes about
2% of India's population. Sikhs are known for their distinctive religious practices,
including the wearing of turbans and the five Ks. The Golden Temple in Amritsar is
one of the most revered sites in Sikhism. Festivals such as Vaisakhi and Guru Nanak
Jayanti are significant for Sikhs.
5. Buddhism: Buddhism originated in India in the 6th century BCE with the teachings
of Siddhartha Gautama, known as the Buddha. Although the number of Buddhists in
India today is relatively small (less than 1% of the population), the country remains a
major pilgrimage destination for Buddhists worldwide, with important sites like Bodh
Gaya, Sarnath, and Kushinagar.
6. Jainism: Jainism, another ancient Indian religion, emphasizes non-violence and
asceticism. Jains make up a small but influential community in India, known for their
significant contributions to business, industry, and culture. Major Jain festivals
include Mahavir Jayanti and Paryushana.
7. Other Religions: India is also home to smaller religious communities such as
Zoroastrians (Parsis), Jews, Baha'is, and various indigenous tribal faiths. These
communities add to the rich mosaic of India's religious landscape.
HISTORICAL INCIDENTS OF RELIGIOUS CONFLICT IN INDIA:
Partition and Religious Conflicts (1947)
Partition of India: The partition of British India into India and Pakistan in 1947 was
accompanied by one of the largest mass migrations and religious conflicts in history. The
division along religious lines led to widespread violence, massacres, and forced conversions,
affecting millions of Hindus, Muslims, and Sikhs.
Anti-Conversion Laws and Tensions
Freedom of Religion Acts: Several states in India, starting with Odisha in 1967, have
enacted anti-conversion laws to prevent forced conversions. These laws have been sources of
controversy, with allegations of misuse to target religious minorities and restrict voluntary
conversions.
Conflicts in the Northeast: States like Nagaland, Mizoram, and Meghalaya have seen
tensions due to conversions among indigenous tribes, with clashes between Christian
missionaries and proponents of traditional tribal religions or Hinduism.
Modern-Day Religious Conflicts
Babri Masjid Demolition (1992): The demolition of the Babri Masjid in Ayodhya by Hindu
nationalist groups sparked widespread riots and violence across India, resulting in thousands
of deaths and deepening Hindu-Muslim animosity.
Gujarat Riots (2002): Following the Godhra train burning incident, communal riots broke
out in Gujarat, leading to large-scale violence against Muslims, with numerous reports of
forced conversions and atrocities.
CONSTITUTIONAL PROVISIONS:
The Indian Constitution, through its secular framework, seeks to protect and preserve the
religious rights of all citizens. Article 25 provides for freedom of conscience and the right to
freely profess, practice, and propagate religion. Article 26 grants every religious
denomination the freedom to manage its own affairs in matters of religion. Article 27 ensures
that no person shall be compelled to pay any taxes for the promotion or maintenance of any
particular religion or religious denomination. Article 28 prohibits religious instruction in any
educational institution wholly maintained out of state funds. Together, these provisions form
the bedrock of religious freedom in India, reflecting the nation's ethos of unity in diversity.
EMERGENCE OF ANTI-CONVERSION LEGISLATION:
Despite the constitutional guarantees of religious freedom, the issue of religious conversions
has been a source of significant contention in India. The debate over conversions is
particularly intense in regions with historical tensions between different religious
communities. Concerns about conversions carried out through coercion, fraud, or inducement
have prompted several Indian states to enact anti-conversion laws, often termed "Freedom of
Religion Acts." These laws aim to regulate religious conversions and ensure that they occur
voluntarily and without undue influence. The first such law was enacted in the 1960s, and
since then, various states, particularly in central and northern India, have followed suit with
their own versions of anti-conversion legislation.
KEY FEATURES OF ANTI-CONVERSION BILLS:
Anti-conversion bills typically include provisions that require individuals wishing to convert
to another religion to notify government authorities and obtain permission before doing so.
These laws often prescribe penalties for conversions that are found to be carried out through
force, fraud, or inducement. While proponents of these laws argue that they protect
vulnerable populations from exploitation and preserve social harmony, critics contend that
they infringe upon the fundamental right to freedom of religion and are often used to target
minority communities.
JUDICIAL INTERPRETATION:
The Indian judiciary has played a pivotal role in interpreting the constitutionality and scope
of anti-conversion laws. In several landmark judgments, the Supreme Court of India has
upheld the right to propagate one's religion, as enshrined in Article 25 of the Constitution.
However, the Court has also recognized the state's authority to regulate conversions to
prevent fraud and coercion. This judicial balancing act reflects the ongoing tension between
safeguarding individual religious freedoms and addressing legitimate concerns about forced
conversions.
IMPACT OF RELIGIOUS DIVERSITY AND ANTI-CONVERSION LAWS ON
INTERFAITH MARRIAGES IN INDIA:
Interfaith marriages in India face significant challenges due to a complex interplay of legal,
social, and cultural factors. Under the Special Marriage Act, 1954, couples can marry
without converting, but the mandatory 30-day public notice often exposes them to societal
pressure and threats. Personal laws (e.g., Hindu Marriage Act, Muslim Personal Law,
Christian Marriage Act) require same-religion marriages, leading some to convert, which
can cause familial and societal backlash. Recent Anti-Conversion Laws in states like Uttar
Pradesh and Madhya Pradesh complicate matters further by imposing bureaucratic hurdles
and requiring prior state approval for religious conversions related to marriage, often leading
to harassment and targeting of religious minorities. This legal landscape, coupled with
cultural opposition and potential economic and psychological stress, underscores the need for
greater societal acceptance and legal reforms to protect interfaith couples and uphold their
rights to personal choice and freedom.
EXAMINATION OF CASES WHERE ANTI-CONVERSION LAWS
INTERSECT WITH INTERFAITH MARRIAGES:
Background
Anti-conversion laws in India, designed to prevent conversions by force, fraud, or
inducement, have a significant impact on interfaith marriages. These laws intersect with
personal rights and freedoms, often leading to legal, social, and political challenges for
interfaith couples.
Notable Cases
1. Stanislaus vs. State of Madhya Pradesh (1977)
Summary: This landmark Supreme Court case upheld the constitutionality of anti-
conversion laws in Madhya Pradesh and Odisha, stating that the right to propagate
one's religion does not include the right to convert another person.
Verdict: The ruling provided legal backing for anti-conversion laws, which are often
invoked to scrutinize interfaith marriages under the suspicion of forced conversions,
thereby complicating the legal landscape for such unions.
2. Salamat Ansari and Others vs. State of Uttar Pradesh (2020)
Summary: The Allahabad High Court ruled that the right to live with a person of
one's choice is intrinsic to the right to life and personal liberty, as guaranteed under
Article 21 of the Indian Constitution. The court upheld the validity of an interfaith
marriage despite objections based on anti-conversion laws.
Verdict: This judgment reaffirmed the constitutional right of individuals to marry
someone of their choice, challenging the application of anti-conversion laws that
obstruct interfaith marriages.
3. Lata Singh vs. State of Uttar Pradesh (2006)
Summary: The Supreme Court emphasized that inter-caste and interfaith marriages
are an essential part of personal liberty and the right to choose a life partner. The court
directed that no person should face threats or harassment for marrying outside their
caste or religion.
Verdict: The ruling supported the protection of interfaith couples from familial and
societal coercion, indirectly challenging the misuse of anti-conversion laws against
such marriages.
4. Hadiya Case (Shafin Jahan vs. Asokan K.M. and Others, 2018)
Summary: The Supreme Court restored the marriage of Hadiya, a converted Muslim
woman, and Shafin Jahan, ruling that the choice of a consenting adult to marry cannot
be interfered with by anyone, including the parents.
Verdict: This case underscored the importance of individual autonomy in matters of
marriage and conversion, pushing back against the narrative that all conversions in
interfaith marriages are coercive.
5. Nandakumar vs. State of Kerala (2018)
Summary: The Supreme Court held that an adult couple has the right to live together
without marriage. The ruling came in the context of a Hindu man and a Muslim
woman whose marriage under the Special Marriage Act was challenged.
Verdict: This ruling reinforced the notion that adults have the right to cohabit and
marry irrespective of their religious backgrounds, questioning the necessity of anti-
conversion laws in such contexts.
STATES WITH ANTI-CONVERSION LAWS:
Several Indian states have implemented anti-conversion laws, including:
Madhya Pradesh: The Madhya Pradesh Freedom of Religion Act, 1968.
Odisha (Orissa): The Odisha Freedom of Religion Act, 1967.
Arunachal Pradesh: Arunachal Pradesh Freedom of Religion Act, 1978.
Gujarat: The Gujarat Freedom of Religion Act, 2003.
Himachal Pradesh: Himachal Pradesh Freedom of Religion Act, 2006.
Uttarakhand: The Uttarakhand Freedom of Religion Act, 2018.
Uttar Pradesh: The Uttar Pradesh Prohibition of Unlawful Conversion of Religion
Ordinance, 2020.
Haryana: Enacted a similar law in recent years.
CONCLUSION:
The religious rights in India, deeply enshrined in its Constitution and cultural ethos, reflect
the nation’s commitment to secularism and pluralism. However, the intersection of these
rights with anti-conversion laws has sparked significant debate and controversy. Anti-
conversion laws, ostensibly designed to prevent forced or fraudulent conversions, often place
stringent conditions on religious conversions, particularly impacting interfaith marriages.
These laws are seen by many as tools for safeguarding communal harmony, yet they also
pose potential threats to individual freedoms and rights. The legal and social challenges faced
by interfaith couples, often exacerbated by these laws, underscore the tension between
protecting religious sentiments and upholding personal liberties. Judicial interventions have
played a crucial role in balancing these interests, affirming the right to personal choice and
freedom of religion. However, the practical implementation of these laws sometimes results
in misuse, harassment, and infringement on fundamental rights, disproportionately affecting
religious minorities and interfaith couples. This delicate balancing act between preventing
coercive conversions and respecting individual autonomy highlights the need for a nuanced
approach. A comprehensive review and potential reforms of anti-conversion laws, combined
with robust legal protections for personal freedoms, are essential to ensure that India remains
true to its foundational principles of secularism and religious tolerance. Promoting interfaith
dialogue, fostering mutual respect, and creating supportive legal frameworks will be key to
navigating these complex issues in a manner that respects both individual rights and societal
harmony.
