Anti-conversion law outside Centre’s jurisdiction, govt told

[Bang Galore]

NEW DELHI: BJP may have strongly endorsed Sangh Parivar's demand for a national law against religious conversions, but the central government is not competent to enact such a law, says the law ministry citing a Supreme Court ruling.

According to the law ministry's opinion forwarded recently to the home ministry, the SC had in a 1977 ruling made it clear that 'anti-conversion law' falls within the purview of 'public order', a 'state' subject as per the seventh Schedule of the Constitution.

"The Supreme Court ruling (in the case Rev Stainislaus Vs State of Madhya Pradesh & Others) had upheld the laws on conversion enacted by Madhya Pradesh and Orissa (now Odisha), observing that they fell within the purview of 'public order', or Entry I of List II of the Seventh Schedule...since this is the law of the land, the Centre has no jurisdiction to enact an anti-conversion law," a home ministry official said, citing the law ministry's opinion.

The apex court had, in the 1977 verdict, observed that "the impugned Acts... fall within the purview of Entry I of List II of the Seventh Schedule as they are meant to avoid disturbances to the public order by prohibiting conversion from one religion to another in a manner reprehensible to the conscience of the community".

Many states have their own laws on conversions, including Odisha, MP, Chhattisgarh, Arunachal Pradesh and Gujarat. Himachal Pradesh and Rajasthan too have enacted laws banning illegal religious conversions. As for other states and Union Territories, forcible religious conversions have to be dealt with under Article 25 of the Constitution that guarantees freedom of religion.

The law ministry's opinion against a central law on conversion comes less than a month after home minister Rajnath Singh's called for a national debate on the need for such a law. "There are sometimes rumours and controversies about 'ghar wapsi' and conversions. Why should there by any conversion at all?" he had said on the sidelines of a conference of heads of state minority commissions in New Delhi last month.

"In other countries, it is the minorities which ask for anti-conversion law. Here, we are only saying that there should be an anti-conversion law. There should be debate over it. We must think on bringing anti-conversion law. I humbly request all of you to think over it," Singh had said.

In the wake of a row over alleged forced conversions by some Sangh Parivar outfits, BJP members and some Union ministers had said that they were ready to bring an anti- conversion law even as they put the onus on the opposition parties for supporting such a move.

Anti-conversion law outside Centre’s jurisdiction, govt told - The Times of India

National anti-conversion law not tenable: Law Ministry
Anti-conversion a state matter, Centre cannot enact such a law
Centre has no power to enact anti-conversion legislation, Law Ministry tells MHA | Latest News & Updates at Daily News & Analysis
Centre can’t bring law against conversion | The Indian Express

 

[Tshering22]

So much for the Xtians and Muslims whining because it would shut their shops of conversions.

 

[Bombermanx1]

Then we will make sure every State has a Hindu Majority CM and implement the law.
Vox Populi e Vox dei.In the end Supreme Court is just a body of some elite Judges passing judgements,The jury system will be introduced then even the Supreme Court will have no option but to pass such laws.
The jury system was abolished.Because Nehru and others feared People will threaten their Power.The same Grand Jury system will be again included in future again.In a Democracy opinion of One person(Judge) should not outweigh the opinion of the rest of people, if this continues then its a farce Judiciary not a Democratic Judiciary where peoples opinions can taken into account.
.
K. M. Nanavati v. State of Maharashtra - Wikipedia, the free encyclopedia
K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court casewhere Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover The incident received unprecedented media coverage and inspired several books and movies. Nanavati, accused under section 302, was initially declared not guilty by ajury under section 302 but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. The case was the last to be heard as a jury trial in India, as the government abolished jury trials.

Every difficult problem has a solution,if you look at it closely.

 

[Tshering22]

Then we will make sure every State has a Hindu Majority CM and implement the law.
Vox Populi e Vox dei.In the end Supreme Court is just a body of some elite Judges passing judgements,The jury system will be introduced then even the Supreme Court will have no option but to pass such laws.
The jury system was abolished.Because Nehru and others feared People will threaten their Power.The same Grand Jury system will be again included in future again.In a Democracy opinion of One person(Judge) should not outweigh the opinion of the rest of people, if this continues then its a farce Judiciary not a Democratic Judiciary where peoples opinions can taken into account.
.
K. M. Nanavati v. State of Maharashtra - Wikipedia, the free encyclopedia
K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court casewhere Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover The incident received unprecedented media coverage and inspired several books and movies. Nanavati, accused under section 302, was initially declared not guilty by ajury under section 302 but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. The case was the last to be heard as a jury trial in India, as the government abolished jury trials.

Every difficult problem has a solution,if you look at it closely.

I think you need to focus and make and example out of J&K only. Rest are all fine. Other states have no problem. Also to solve the NSCN/NSCM problem just give control to Naga Regiment of Indian Army. They are locals and know best what to deal with these cross-border smugglers-cum-terrorists. Similarly, let the J&K Light Infantry loose in the valley.

Why? Because our northeast needs investment. And it iwll come only when there is safety for investors, higher education for students and skills developed for locals; which the terrorists and separatists won't allow.

In addition let the valley generate its own economy and wealth on its own and let Jammu be declared another state with Ladakh as a Union territory. When Ladakh and Jammu roar ahead in development and peace while Srinagar wallows in misery, the people there will realize what cheats these so-called separatists are.

 

[JanjaWeed]

Then there's a huge loophole in this ruling by SC then. If one state bans religious conversion.. go to a different one where there's no law of this kind in place.. & get the job done! Sounds bit farcical to me..

 

[livingdead]

Then there's a huge loophole in this ruling by SC then. If one state bans religious conversion.. go to a different one where there's no law of this kind in place.. & get the job done! Sounds bit farcical to me..

technically its a state subject.. you can cross gujrat to maharastra and drink alcohol.

 

[Nicky G]

Dubious ruling to put it mildly.

Religion which is at the center of any anti-conversion bill impacts social, economic and political aspects, thus to put it entirely under 'public order' is silly.

Public order is just one aspect of this, not the entirety.

 

[Bombermanx1]

I think you need to focus and make and example out of J&K only. Rest are all fine. Other states have no problem. Also to solve the NSCN/NSCM problem just give control to Naga Regiment of Indian Army. They are locals and know best what to deal with these cross-border smugglers-cum-terrorists. Similarly, let the J&K Light Infantry loose in the valley.

Why? Because our northeast needs investment. And it iwll come only when there is safety for investors, higher education for students and skills developed for locals; which the terrorists and separatists won't allow.

In addition let the valley generate its own economy and wealth on its own and let Jammu be declared another state with Ladakh as a Union territory. When Ladakh and Jammu roar ahead in development and peace while Srinagar wallows in misery, the people there will realize what cheats these so-called separatists are.

That exactly is the plan in the next 4 years.
J&k will be split into 3 parts. Let the Kashmiri Pandit settlement take off, then you shall see a lot of changes, already Omar abdullah is supporting to make LOC as International border.In next 4 years hurriyat will lose relevance and will be shut down.
I think Kiren Rijiju and Gen.V.K.Singh are working on the model for N-E. For development to come we need road and train access,the motor bill act passed by SAARC nations will help N-E greatly in connectivity and development.