Anti-Conversion Laws in India: Not Only Anti-Minority but Also Anti-Dalit

 

Anti-Conversion Laws in India: Not Only Anti-Minority but Also Anti-Dalit

SR Darapuri I.P.S.(Retd)

Anti-conversion laws, formally known as Freedom of Religion Acts, have been enacted in approximately twelve Indian states. These laws seek to regulate religious conversions by prohibiting those induced through force, fraud, or allurement. They typically mandate prior intimation to district authorities and prescribe penalties, often with enhanced punishments when the convert belongs to vulnerable groups such as women, minors, Dalits (Scheduled Castes), or Adivasis (Scheduled Tribes). While proponents present these statutes as protective measures safeguarding cultural identity and vulnerable populations from coercive missionary activities, critics contend that they curtail individual freedom, enable selective enforcement, and disproportionately harm Dalits seeking dignity and escape from caste oppression.

The stated rationale behind these laws is rooted in concerns over demographic shifts and exploitation of the socio-economically disadvantaged. Advocates, often aligned with Hindu nationalist perspectives, argue that conversions—particularly to Christianity or Islam—frequently involve material inducements, social services, or “love jihad,” targeting lower castes and tribals who are portrayed as especially susceptible. By imposing stricter penalties for conversions involving Dalits, the laws ostensibly shield them from manipulation. However, this framing reveals a paternalistic undertone: it assumes Dalits lack the agency to make informed religious choices, thereby infantilizing a community that has long fought for equality.

The impact on Dalits is particularly profound and multifaceted. Historically, conversion has served as a powerful tool for social mobility and resistance against caste discrimination. Dr. B.R. Ambedkar’s landmark 1956 mass conversion to Buddhism exemplified this quest for dignity free from the hierarchies of Hinduism. Similar patterns exist among those embracing Christianity or Islam in pursuit of equality. Anti-conversion laws erect administrative barriers, invite police scrutiny, and foster fear of prosecution, effectively deterring voluntary exits from the Hindu fold. This restricts a vital avenue for asserting personal autonomy in the face of persistent untouchability and social exclusion. 

A more glaring inequity arises from the linkage between religious identity and affirmative action benefits. Under the 1950 Presidential Order (and subsequent amendments), Scheduled Caste reservations, protections under the SC/ST (Prevention of Atrocities) Act, and related safeguards are largely confined to Hindu, Sikh, and Buddhist Dalits. Conversion to Christianity or Islam typically results in the loss of these benefits, despite evidence that caste-based discrimination often continues irrespective of faith. Dalit Christians and Muslims have long argued that this framework is discriminatory, as it ties constitutional protections to religious affiliation rather than lived social reality. Supreme Court rulings have largely upheld this distinction, treating caste as intrinsic to Hinduism for reservation purposes while adopting a more ethno-cultural approach for Scheduled Tribes. Consequently, anti-conversion laws compound this disadvantage by raising the cost of leaving Hinduism, sometimes compelling individuals to re-convert or conceal their faith to retain reservations.

Enforcement patterns further underscore the laws’ adverse effects on Dalit communities. Reports frequently document arrests of pastors, missionaries, and community workers engaged in charitable activities—schools, health services, or prayer meetings—in Dalit-majority areas, often triggered by third-party complaints from Hindutva groups rather than the alleged victims themselves. Vague provisions such as “allurement” (which may encompass education or humanitarian aid) lend themselves to misuse, chilling social service initiatives and heightening vulnerability. While the laws claim to protect Dalits, they simultaneously limit access to services that could empower them and penalize those facilitating spiritual choices.

This is not to suggest the laws are exclusively anti-Dalit. They are primarily deployed against conversions to minority faiths, notably Christianity and Islam, and have featured prominently in cases involving interfaith marriages or alleged demographic engineering. Claims of widespread forced conversions remain contested, with empirical data often showing limited scale relative to natural population growth. Mass Buddhist conversions by Dalits, notably, frequently preserve eligibility for benefits, highlighting inconsistencies in application. Moreover, general criminal laws under the Indian Penal Code already address coercion, cheating, and fraud, raising questions about the necessity of religion-specific statutes that risk majoritarian overreach.

From a broader perspective, these laws intersect uneasily with Article 25 of the Indian Constitution, which guarantees freedom of conscience and the right to profess, practice, and propagate religion, subject to reasonable restrictions. The tension between protecting vulnerable groups and upholding individual liberty remains unresolved. Caste, as a deeply entrenched social reality, does not vanish upon conversion, yet Indian law treats it inconsistently across religions. This creates a contradictory framework: one that claims to safeguard Dalits while constraining their religious choices and material opportunities.

In conclusion, anti-conversion laws are not merely instruments targeting religious minorities; they also function as barriers to Dalit emancipation. By restricting exit options from caste-laden Hinduism, paternalistically curtailing agency, and linking affirmative action to religious fidelity, they undermine the very dignity and equality Dalits have historically sought through conversion. Genuine protection against coercion can and should be achieved through neutral criminal laws applicable equally to all, without selective burdens on propagation rights. Reforming these statutes—through clearer definitions, uniform application, and decoupling reservations from religion—would better align with constitutional values of liberty, equality, and fraternity. Ultimately, a society committed to truth and human flourishing must prioritize individual agency over majoritarian control, empowering every citizen, including Dalits, to choose their beliefs free from both coercion and state-imposed obstacles.

Dalits-Adivasis and the Land Rights- SR Darapuri

Dalits-Adivasis and the Land Rights

-SR Darapuri I.P.S.(Retd) and National Spokesman, All India Peoples Front

India is a country of villages. According to 2011 Census it has got 6,40,867 villages. According to the same Census, out of a total population of 121 crores 83.3 crores live in villages and 37.7 crores live in cities. As such nearly 70% population of this country is rural and 30% only is urban. Out of the total 24.39 crore families 17.96 crores live in rural area and out of them 3.31 crores are Scheduled Castes (Dalits) and 1.96 crores are Scheduled Tribes (Tribals/Adivasis). In India the population of Dalits is 20.14 crores which forms 16.6% of the total population of the country. The total population of Adivasis (Tribals) is 10.42 crores which is 8.6% of the total population of the country.

 According to Socio-Economic and Caste Census - 2011, 56% Rural families are landless and out of them 73% are Dalits and 79% are Tribal families. Out of Rural families 45% Dalit and 30% Tribal families are Manual Labourers only. Similarly out of Rural families 18.35% Dalit and 38% Tribal families are agriculturists. From this Census report it has come to light that out of our total population only 40% are regularly employed and 60% are casual workers who remain unemployed for most of the time.

From the above statistics some important aspects of Dalits and Tribals come to the forefront. One is that about 73% of Rural Dalit families and 79% of Tribal families depend on manual labour only. Secondly most of Dalit and Tribal families are deprived. Thirdly they do not own any means of production like land etc. and due to lack of any other skill they are dependent on manual labour only. They are mostly landless and very few of them own land. As such most of the Dalit and Tribal families are dependent on land owning communities. Not only this they depend on them for cutting grass for their animals and even for natural call. Due to landlessness and limited seasonal agriculture employment, they remain unemployed for most of the time.

It is well known that India is an agriculture country and its 60% population is either agriculturist or agriculture labour. From the above statistics it is clear that most of the Dalits and Tribals are landless and are capable of doing manual labour only. As such landlessness and being manual labourers only are their biggest vulnerabilities. On account of it they are neither able to face the atrocities committed on them due to caste discrimination and untouchability nor they are in a position to fight for proper wages. Agriculture employment being seasonal they have to search for employment elsewhere or remain unemployed. On account of this 73% Dalits and 79% Tribal families are vulnerable and landless.  

It is a fact that in rural India land is not only a source of production but it also symbolises the respect and social status. In the village the person who owns land is not only economically secure but he is also socially respected. Now as most of the Dalits neither own land nor they have regular employment, as such they are neither economically secure nor are they socially respected. Rural Dalits can get empowered only if they get land and regular employment. Hence land redistribution and secure employment is the first need of landless Dalits and Tribal families. 

 After India became independent Zamindari Abolition and Land Reforms were the measures adopted for redistribution of resources. Under this scheme Land Ceiling Laws were enacted to make land available for redistribution to the landless. But open dishonesty was practiced in the implementation of these laws because most of the leaders of the then ruling Congress Party were big land holders and the same class dominated the bureaucracy. The result was that very little land could become available for distribution to the landless by the implementation of the land reforms and even that land was not distributed. This resulted in the land remaining in the hands of the earlier owners. Even today huge land is with individuals, public trusts and temples and anonymous owners. As a result of it there are 18.53% small and 64.77% marginal farmers in the country who own only 41.52% of total agriculture land. The remaining 59% area is in the possession of 17% medium and big farmers.   

Socio-Economic and Caste Census statistics show that land right is the most important question for rural Dalits and Adivasis (Tribals) which cannot be solved without proper implementation of Land Reforms but the tragedy is that Land Reforms and Land Distribution do not figure in the agenda of any Dalit and Non-Dalit political party. It is seen that the states like West Bengal and Kerala where land reforms were strictly enforced by Left Party governments and land was made available to the Dalits and Adivasis their social and economic condition has improved.

It is known that in Uttar Pradesh from 1995 to 2012 Mayawati, a Dalit, was Chief Minister for four times. During her regime only some land was distributed in 1995 in Central and Western Uttar Pradesh (U.P.) and that too in a very small quantity and no land was distributed in the remaining parts of the state. In Eastern U.P. which has got a dense population of Dalits no land was distributed except in Gorakhpur district which was due to the initiative of Mr. Harish Chandra, the then Commissioner of Gorakhpur Division. I witnessed the pitiable condition of landless Dalits in Sonbhadra and Chandauli districts of eastern U.P. when I contested Lok Sabha election in 2014 from Robertsganj constituency. The condition of the Adivasis of these districts is really very shocking.

  It is a fact that in 1995 there was sufficient land available under Ceiling Surplus Land, Gram Samaj, Fallow Land and Bhoodan Land in U.P. for distribution to landless Dalits, Adivasis and other landless families but Mayawati did not distribute it with the result that it continued to remain in the possession of illegal occupants. Not only this, she did not take any action to give possession of land to the families who were given land pattas (land entitlements) during earlier Congress regime. After 1995, Mayawati did not take any initiative to distribute land or restore possession to the owners of Land Pattas just to avoid ire of the powerful communities who became her voters under the so called "Social Engineering." It came to light from the Land Owners statistics of 2001 Census that during 10 years span of 1991-2001, 23% of Dalits became landless who previously owned land. It is worth noting that during this period Mayawati was thrice Chief Minister of U.P.   

For empowerment of Adivasis, Forest Rights Act - 2006 and Rules came into force in 2008. Under this Act the Adivasis and others living in the Protected Forest area were to get title of the land which they had in their possession and under cultivation. For this they had to submit their claims to the Revenue authorities. Mayawati was the Chief Minister of Uttar Pradesh from 2007 to 2012 but Mayawati government did not take any effective action to implement this Act with the result that as on 30.1.2012 out of 92,406 claims 74,701 claims i.e. 81% claims were rejected. The result was that only 17,705 claims (19%) were accepted and 1,39,777 hectares of land was distributed.    

Now when we come to Gujrat, a beneficiary of Modi's Development Model the situation is very dismal. As on 30.04.2016, under Forest Rights Act out of 1,90,097 claims only 77,038 were accepted and only a total of 11,92,351 hectares land was distributed. As such 65% of the claims were rejected and only 35% claims were accepted. That is why in Gujrat Dalits and Adivasis had to launch a Land Rights Agitation demanding 5 Acres of land to each landless family.  

In the face of Mayawati's calaousness and anti-Dalit/Adivasi policy All India Peoples Front (AIPF) had to file a Public Interest Litigation PIL) in Allahabad High Court in which the Court gave an order for reprocessing of claims under Forest Rights Act but neither Mayawati nor Akhilesh Yadav government took any interest to reprocess the claims

At the national level as on 30.04.2001 out of 44,23,464 claims 38,57,379 claims were disposed off out of which only 17,44,274 claims have been accepted and 1.03,58,376 Acres land has been distributed which comes out to be about 5 Acres per claim. At the national level the rate of rejection of claims is 53.8% whereas it is 80.15% for the state of Uttar Pradesh which has been ruled by Mayawati, a Dalit and Akhlesh Yadav, a Backward Class Chief Minister. It transpires that, both Mayawati and Akhilesh Yadav are responsible for the tardy implementation of Forest Rights Act in Uttar Pradesh. 

From the above it becomes clear that both the Central and State governments have been careless and disinterested in the empowerment of Dalits and Adivasis through distribution of land to them. The political parties both Dalit and Non-Dalit do not want to empower Dalits and Adivasis as they want to keep them poor and dependent for using them as vote banks. U.P. is a classical example of this mentality where Mayawati, a Dalit and Mulayam Singh, a Backward Claws has been Chief Minister four times and three times respectively. All the political parties are indulging in caste and communal politics. None of them has any agenda for Land Reforms and Land Distribution to Dalits-Adivasis and other landless categories for empowering them. As we know land is  a very valuable asset for Dalits and Adivasis.  

 Hence in the face of the complacent and unconcerned attitude of political parties towards land reforms and empowerment of Dalits and Adivasis, there is no alternative but to agitate for land rights. Dalits have a long history of agitation for land. In 1953 land agitation was launched in Marathwara area of Hyderabad state and in 1958 in Konkan area of Maharashtra under the guidance of Dr. Ambedkar. The biggest land rights agitation was carried out by Republican Party of India from 6th December, 1964 to 10th February, 1965 in which more than 3 million Dalits courted arrest. As a result of it, the then Congress government had to agree for land distribution to Dalits. “Land to the Landless" was the key slogan of this agitation. But unfortunately later on no such agitation was launched by Dalits with the result that no land was distributed and majority of the Dalits have remained landless. No doubt Bahujan Samaj Party (BSP) leader Kanshi Ram had given the sloga "Jo Zamin Sarkaari hai vo zamin hamari hai" (All government land is ours) before coming into power but this slogan was easily forgotten once BSP got into power.

 In his historical speech at Agra on 23rd March, 1956 Dr. BR Ambedkar had pointed out the importance and need of land for Dalits where he said," I am much worried for the landless labourers living in the villages. I could not do much for them. I cannot bear with their sorrows and woes. The main reason for their ruin is that they do not own land. That is why they are victims of atrocities and insults. I will struggle for them and if the government creates hurdles I will lead them and fight legal battle for them. But I will make every possible effort to get land for them." From this statement it is clear that Dr. Ambedkar knew the importance of land for empowerment of Dalits and he was prepared to take recourse to legal battle and public agitation to get it. But unfortunately he did not live long to give it a practical shape.  

 In the meanwhile Adivasis have been carrying out "Land Rights Movement" in different parts of the country but Dalits did not launch any such movement as a result of which no land has been distributed to them. The main agenda of Naxalbari movement was to get land to the landless. Recently a call for allotment of 5 Acres of land to Dalits in Tamilnadu, Andhra Pradesh and Madhya Pradesh has been given by Dalits and Adivasis. The latest Dalit agitation of Gujrat has also demanded 5 Acres of land for landless Dalit families and land titles under Forest Rights Act for Adivasis. This movement can take the Dalits out of the cow web of identity politics which has reduced them to just vote bank for unscrupulous Dalit politicians. If this demand spreads to other states also it will give a radical agenda to Dalit movement and force the political parties to give a place to land rights in their political agenda. Hence land rights demand should be raised immediately in the states where Assembly elections are going to be held early next year. It will put all the political parties to test for their concern or lack of it for Dalit empowerment.

Real empowerment of Dalits and Adivasis is possible only through strict implementation of land reforms and giving land to them. Adivasis should be given land titles by proper implementation of Forest Rights Act. It requires a strong political will which is totally lacking at present. It is certain that no government is going to do it willingly unless Dalits and Adivasis launch a strong agitation for land allotment. The political parties like BSP which believe in easy identity politics cannot undertake land struggle on its political agenda because it shuns all types of struggle. Actually Dalit politics needs a new radical agenda covering their material issues like land distribution, poverty, unemployment and atrocities etc. All India Peoples Front (AIPF) has given a prominent place to Land Reforms and distribution of land to landless people. It had filed a Public Interest Litigation in Allahabad High Court for proper implementation of Forest Rights Act which was badly failed by Mayawati and Mulayam Singh government in U.P. The High Court had issued directives to the state government for reprocessing the land claims of Adivasis which had suffered wholesale rejection by the authorities. AIPF has again launched a struggle for proper implementation of Forest Rights Act in eastern U.P. It is going to hold a big dharna at Jantar Mantar in New Delhi on 9th November demanding reprocessing of land claims of Adivasis under Forest Rights Act. All pro-people and progressive organisations are requested to come forward and join hands to compel the governments to take up Land Reforms and all the political parties to declare their agenda regarding implementation of Land Reforms and distribution of 5 Acres of land to Dalits including other landless families. Proper implementation of Forest Rights Act also needs to be reemphasised at political level.